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HomeMy WebLinkAboutC-5392 - Contract for Improvement of FY 2012-2013 Playground ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 15, 2014 Eusebio Salgado 24771 Greentree Lane Lake Forest, CA 92630 Subject: FY 2012-2013 Playground Improvements C-5392 Dear Mr. Salgado On May 14, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 24, 2013. Reference No. 2013000317437. The Surety for the contract is Indemnity Company of California and the bond number is 388155p. Enclosed is the Faithful Performance Bond. Sincer y, A6 VIYv Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 . Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov CITY OF NEWPORT BEACH FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1 242.44 , being at the rate of $ o _ 0 2 s thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to EUSEBIO SALGADO hereinafter designated as the "Principal," a contract for the Improvement of Playground Resilient Surfacing locations include Mariners Park and West Newport Park 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 indemnity company of California , 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 Forty Nine Thousand, Six Hundred, Ninety Seven Dollars and 50/100 ($49,697.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants; conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the EXHIBIT D event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12 day of February 2013. ECE Construction Services Name of Contractor (Principal) Indemn; y ('ompany of r-=�-- • Name of Surety a Authorized Signature/Title 17771 Cowan Ste100 Irvine CA 92614 Justin L Kelley Address of Surety Print Name and Title 800 782-1546 Telephone NOTARYACKNOMEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED State of California County of On ACKNOWLEDGMENT before me, a , Notary proved to me on the basis of satisfactory evidence to be the personW whose name,(6') ism subscribed to the within instrument and acknowledged to me that hhel�dtfe'y executed the same in his/hef/tWir authorized capacity(ieig), and that by his/j�~ 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 State of California County of ANNAJANSY PINEDA OLIVA seal. Commission M 19207'24 _ + Notary Public - California Orange County M Comm. E fres Jan 7, 2015 + (seal) ACKNOWLEDGMENT ss. On before me, Public, personally appeared Notary ,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) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOW ALL BYTHESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint ... Justin L. Kelley"' as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Aflorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President a any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Pourer of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power ofAttomey; RESOLVED. FURTHER, that the signatures of such officers may be affixed to any such Power of Aaomey a to any certificate relating thereto by facsimile, and any such Power ofAttomey a certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Dfficem and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: / A' -i AND 1% Daniel Young, Vice -President—• ---/7 +e''4£0.,. vppFq,. OQp?ANYOF `\ygJ,,p40Rgjc+Y �04OPPOR,4r�lo f OCT, By sn.ins i OCT.5 O o 1986 o,y =: �1967 Stephen T. Pate, Senior Nce-President >> ;`. , 3 W Slate of California eR41FOR� County of Orange On Januarv312011 before me, Antonio Alvarado Notary Public Dale Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Name(s) of Signer(s) The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in MII force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 12 day of February 2 01 3 By: regg Okur " stent Secretary 10-1380(Rev.01f11) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that helshellhey executed the same in hisrherltheir authorized ANTONIO ALVARADO capacrMies), and that by hisihentheir signature(s) on the instrument the person(s), or the entity, upon behalf of #i which the person(s) acted, executed the instrument, NMARP PUBUIC ORMWf:C11kdTY V!Y I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is comm. eatpkae Aug, 6, 2013 true and correct. WITNESS my hand and official seat. Place Notary Seal Above Signature —649:��' Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in MII force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 12 day of February 2 01 3 By: regg Okur " stent Secretary 10-1380(Rev.01f11) 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 31, 2013 Eusebio Salgado 24771 Greentree. Lane Lake Forest, CA 92630 Subject: FY 2012-2013 Playground Improvements - C- 5392 Dear Eusebio Salgado: On May 14, 2013, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 24, 2013 Reference No. 2013000317437. The Surety for the bond is Indemnity Company of California and the bond number is 388155p. Enclosed is the Labor & Materials Payment Bond. Sincerel , uVYV, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 • www.city.newport-beach.ca.us 0 0 EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 3a8155, LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to EUSEBIO SALGADO hereinafter designated as the "Principal," a contract for the Improvement Playground Resilient Surfacing locations include Mariners Park and West Newport Park, 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, Indemnity Company of California duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Forty Nine Thousand, Six Hundred, Ninety Seven Dollars and 50/100 ($49,697.60)lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as 0 0 EXHIBIT C 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 12 day of F _b uary , 2013. ECE Construction Services Name of Contractor (Principal) Indemnity Company of California Name of Surety 17771 Cowan Ste100 Irvine CA 92614 Address of Surety 800 782-1546 Telephone v Authorized Signature/Title Authorize g t Signature .Tuc1-in T. Kelley , Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of pnjai2ciI3 before me, personally appeared who proved to me on the basis of satisfactory evidence to be the personA whose names') is4afe subscribed to the within instrument and acknowledged to me that helseeWey executed the same in his/.bef/`jhdr authorized capacityXs), and that by hisilhef�Jleir signatures on the instrument the person(g)7 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. ANNAJANSY PINEDA OLIVA Commission # 1820724 WITNESS my hand and official se $ Notary Public - California Orange county M Comm. Ez ires Jan 7, 2015 r (Notary Seal) Signature of Notary Pu sc ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactiv as appears above in the notary section or a separate acknowledgment form mut be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notoy in California (i.e. certifying the authorized capacity of the signer). Please check lite document carefully for proper notarial wording and attach thisform if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his a her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (ie. he/she/they— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seaj if a sufficient area permits, otherwise complete a different acknowledgment form • Signature of the notary public must match the signature on file with the office of the county clerk. 9 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. b Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263\3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Justin L. Kelley` as their true and lawful Attomey(s)4n-Fact, to make, execute, deliver and acknowledge, for and on behafi of said corporations, as sureties, bonds,, undertakings and contracts of surety- ship giving and granting unto said Attaney(sf in -Fad full power and authority to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revoafion, and all of the acts of said Attgmey(s)-in-Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resoutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008 RESOLVED, that a combination of any two M the Chairman of the Board, the President, Executive Nce-President, Senior Vice -President or any Yce President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Atfomey to execute, on behag of the corporations, bonds, undertakings and contacts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate mlating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally mused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: SID .........hNa o&',j Nlye% Daniel Young, Vise -President sJQ:<pp Ee �JFsTL 9pgPANYO.o G ¢POq CS f� rj =sol OCT." z` 2 OCT.5 -n By' ``-Os 1967 Stephen T. Pale, SeniorVice-President 1996 inP : %,�� nJ Dy c'9</FOP.��� a MJpW State of California ........ F$da Canty of Orange On January 31, 2011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Tolle of the Officer personally appeared Daniel Young and Stephen T Pate Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hisihentheir authorized ANTONiOLVtiRADO capacity(ies), and that byhisthedtheirsignature(s)onthe insWmentthe person(s),orthe entityupon behalf of A which the person(s) acted, executed the instrument. NOTARI' P96C I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cared. �In-.oma e.2ura WITNESS my hand and official seal. f9. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary a Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANYor INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, Mnhermae, that the provisions of the resolutions of the respective Boards of Directors of mid corporations set forth in the Power of Attorney are in face as of the date of this Certificate. This JCeerrtffiate is executed in the City of Irvine, California, this 12 day of February 2.0 1 3 hi regg Oku zV islanl Secretary ID.1380(Rev.01l11) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO 16 City Clerk City of Newport Beach 100 Civic Center DriV6 Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh (Nguyen, Clerk -Recorder III IIIII!i ILII IIIIIIIIIIIIIII�JIIIII II II NO FEE *$ R 0 0 0 5 8 9 2 0 0 7$ 20130003174371:56 pm 05124113 143 416 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Eusebio Salgado, DBA ECE Construction Services. of Lake Forest, CA, as Contractor, entered into a Contract on February 11, 2013. Said Contract set forth certain improvements, as follows: FY 2012-2013 Playground Improvements (C-5392) Work on said Contract was completed, and was found to be acceptable on May 14, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _ ✓ "�/I� , at Newport Beach, California. C BY City Clerk V� , OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 15, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • FY 2012-2013 Playground Improvements (Contract No. 5392) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely,} 4/v~ S. Leilani 1. Brown, MMC City Clerk Enclosures Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as. Owner, and Euseblo Salgado, DBA ECE Construction Services. of Lake Forest, CA, as Contractor, entered into a Contract on February 11, 2013. Said Contract set forth certain improvements, as follows: FY 2012-2013 Playground Improvements (C-5392) Work on said Contract was completed, and was found to be acceptable on May 14, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. ­�Z Azz','�o BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on R_ at Newport Beach, California. BYy wrywy4a 'f 1111 0V 4 */'k'" City Clerk --'1 '` :�\� CITY CWpO NEWPORT O iw a, } � f"+tJF b sip Ip / a 'Mp$ n ff l qoa Agenda Item No, 6 May 14, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb aAnewportbeachca.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer 949-644-3316, ptauscher(o)newportbeachca.aov APPROVED: �F TITLE: Playground Improvements Project - Notice of Completion for Contract No. 5392 The required work on the Playground Improvements Project is now complete. Staff requests City Council to accept the work as complete and close out the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount Building Excise Tax 7271-C4001000 $52.493.00 Total: $52,493,00 DISCUSSION: On December 20, 2012, four informal bid requests were mailed to contractors who specialize in playground safety and improvements forthe Playground Improvement Project, On January 10, 2013, three bids were received and opened; the low bidder was ECE Construction Services, Inc. (ECE). On March 11, 2013, construction began on Contract No. 5392 (Playground Improvements Project) for a total contract cost of $49,697.50. Playground Improvements Projoct - Notice of Completion for Contract No. 5392 May 14, 2013 Paget The contract provided for the replacernent or ro-topping of resilient play surfaces at three City parks: Mariners Park, Bolsa Park, and West Newport. In addition, three new pieces of playground equipment were installed at the West Newport Park. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $49,697.50 Actual cost of bid items constructed: $49,697.50 Total change orders: $2,795.50 Final contract cost: $52,493.00 Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $49,697.50 $52,493.00 N/A .+5.6% +4.2% +1.4% Allowed Contract Time (days) 20 Actual Time -10 Under(-) or Over (+) There was one change order totaling $700 for additional playground hardware and remobilization to install playground equipment at the West Newport Park. Due to low bid pricing, the additive bid item to resurface the play surface wear course at the Bolsa Park was added to the contract. This added work at the Bolsa Park totaled $2,095.50. These changes to the contract accounted for an approximate six percent increase to the final contract cost. ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the pr( ect as a result of this action. Submitted Public Works Director Attachment: Location Map ATTACHMENT A NO -f TO SCALE PLAYGROUND IMPROVEMENTS PROJECT CONTRACT NO. 5392 p MARINERS PARK � LOCATION t: WEST NEWPORT PARK-LUGONIA STREET LOCATION 2: BOlSA PARK-BOLSAAVENUE LOCATION 3: MARINERS PARK LOCANTION MAP TO WALE PLAYGROUND LOCATION (9 4� CONTRACT FOR THE IMPROVEMENT OF FY 2012-2413 PLAYGROUND IMPROVEMENTS WITH EUSEBIO SALGADO V' THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract") is made and entered into as of this _LL_ day of,)? 2013 ("Effective Date") i by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ("City"), and EUSEBIO SALGADO, a sole proprietor doing business as ("DBA") ECE Construction Services ("Contractor") whose principal place of business is 24771 Greentree Lane, Lake Forest, CA 92630 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 desires to engage Contractor to install resilient playground surfacing as more fully described in the Contract Documents ("Project"), C. 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. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 30 Calendar days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: X11 The term of this Contract shall commence on the Effective Date and shall terminate on December 31, 2013 unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Request for ProposalslBids, attached hereto as Exhibit A; the Proposal, attached hereto as Exhibit B; the Faithful Performance Bond, attached hereto as Exhibit C; Labor and Materials Payment Bond, attached hereto as Exhibit D; Insurance Requirements attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. C-5283; Standard Specifications for Public Works Construction (current adopted edition and all supplements), all incorporated herein by this reference, and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2.2. Scope of Work. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project as identified in the Contract Documents ("Work" or "Services"). 2.3. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 30 Calendar 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 30 calendar days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of $500.00 for each calendar day beyond the date scheduled for completion. 4.1. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Forty Nine Thousand, Six Hundred, Ninety Seven Dollars and 50/100 ($49,697.50), less any money deducted pursuant to Section 3.2. 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. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work, 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work, EUSEBIO SALGADO Page 2 4.2.3. Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tsunamis, and which loss or expense occurs prior to acceptance of the 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 Eusebio Salgado 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, Peter Tauscher 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 7.3. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents 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 Documents. 7.3. All of the Work 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 Work in a manner commensurate with the highest professional standards. 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. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract; all applicable federal, state and local laws; and the highest professional standard. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. EUSEBIO SALGADO Page 3 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 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 Work required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for 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 Contractor. 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 EUSEBIO SALGADO Page 4 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. 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 Work. 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. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. IlK1lIlIlIlIlI[iIOUR, 13.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached hereto as Exhibit C which is incorporated herein by EUSEBIO SALGADO Page 5 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 VIE (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. INSURANCE 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 Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit E, and incorporated herein by reference. 15. 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. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and EUSEBIO + jet '.g- outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture, 17. SUBCONTRACTING The subcontractors authorized by the City, if any, to perform the Work on this Project are identified in the Proposal attached hereto as Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of city. 18. OWNERSHIP OF DOCUMENTS 18.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 19. 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 EUSEBIO SALGADO Page 7 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. 20. 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. 21. CONFLICTS OF INTEREST 21.1. 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. 21.2. 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. 22. NOTICES 22.1. 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: Peter Tauscher, Associate Civil Engineer Public Works City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658-8915 Phone: 949-644-3316 Fax: 949-644-3318 22.2. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Eusebio Salgado EUSEBIO SALGADO Page 8 EUSEBIO SALGADO 24771 Greentree Lane, Lake Forest, CA 92630 Phone: 949-472-1353 Fax: None 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.). 24. TERMINATION 24.1. 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. 24.2. 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. 25. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site as defined by the Contract Documents, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 26. STANDARD PROVISIONS 26.1. Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental EUSEBIO SALGADO Page 9 entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 26.2. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 26.3. 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 agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 26.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract or any other attachments attached hereto, the terms of this Contract shall govern. 26.5. 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. 26.6. 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. 26.7. Severability. If any term or portion of this Contract 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. 26.8. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 26.9. 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, age or any other impermissible basis under law. 26.10. No Attorney's Fees. in the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorney's fees. 26.11. Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. EUSEBIO SALGADO Page 10 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z / n /t 3 Aaron C. Harp City Attorney ATTEST: _ Date: 1 By: Leilani I. Brown City Clerk (i c CITY OF NEWPORT BEACH, a California munic. al corporation Date: '7— 27— lT 561�( David A. Webb o'\1 Public Works Director CONTRACTOR: EUSEBIO SALGADO a sole proprietor doing business as ("DBA") ECE Construction Services Date: I / - v B y Lusebio Salgado Owner [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond EUSEBIO SALGADO Page 11 EXHIBIT A REQUEST FOR PROPOSALS EUSEBIO SALGADO Page A-1 0. Oq December 20, 2012 Al Salgato ECE Construction 24771 Greentree Ln. Lake Forest, CA 92630 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director SUBJECT: Informal Contract for FY 2012-2013 Playground Improvements (C-5283) Dear Mr. Salgato, Your firm has been selected to submit a proposal for the above mentioned project. The work necessary for the completion of this contract consists of removing and disposing of existing improvements; constructing an A.C. base; removing playground equipment; installing and adjusting playground equipment; repairing flexible play surface damage due to the removal and installation of playground equipment; furnishing and installing flexible play surfaces; applying roll coat to the existing play surface; and other incidental items to complete the work in place required by the contract. 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; preparing the site to accommodate improvements, providing and updating construction schedule; providing submittals; attending all construction meetings; maintaining a temporary chain link construction fence to secure the work site; demobilizing; completing all reporting documents, and all other related work as required by the Contract Documents. Item No. 2 Remove Existing Cushion Layer and Wear Course Play Surface: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing cushion layer and wear course play surface and all other work items as required to complete the work in place. Item No. 3 Construct 4 -Inch Thick A.C. Base: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for moving and storing existing sand to accommodate improvements; grading; compacting subbase; constructing a 4 -inch thick A.C. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3311 • Fax: (949) 644-3318 • www.newportbeachca.gov base with turned down edge; and all other work items as required to complete the work in place. Item No. 4 Construct 3.5 -Inch Thick Cushion Layer: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for preparing the playground including constructing a downturned edge with keyway for new surface per project drawings as necessary; constructing a 3.5 -inch thick cushion layer providing the foundation for the colorized playground wear course, and all other work items as required to complete the work in place. Item No. 5 Construct 0.5 -Inch Thick Colored Play Surface Wear Course: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for constructing a 0.5 -inch thick colorized wear course for the playground surface, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner of the new playground surface entitled to warranty coverage shall be provided under this payment item. Item No. 6 Remove Existing Playground Equipment and Install New Playground Equipment: Work under this item shall , but not limited to, the cost of all labor, equipment and materials for removing the existing playground equipment and appurtenances; filling and compacting all support locations; transporting the old equipment to the General Services Yard (592 Superior Avenue, Newport Beach) and new equipment from the General Services Yard to the West Newport Park playground; installing City -furnished playground equipment; providing new foundations for equipment posts and supports per appropriate Landscape Structures, Inc. assembly instructions; adjusting all playground equipment as necessary to ensure compliance with the Consumer Product Safety Commission's Public Playground Safety Handbook requirements; and all other work items as required to complete the work in place. Item No. 7 Repair and Resurface Damaged Areas: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for repairing and resurfacing areas damaged due to equipment removals and installations. Repairs shall include, at a minimum, 4 -inch thick A.C. base, 3.5 -inch thick cushion layer, and 0.5 -inch colorized wear course for the playground surface per drawing details, and all other work items as required to complete the work in place. Item No. 8 Provide As -Built Drawings: Work under this item shall include, but not limited to, marking up Contract drawings with as -built conditions and all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to payment request. ADDITIVE BID ITEMS Item No. Al Remove and Replace 0.5 -Inch Thick Colored Play Surface Finish Course: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing wear coarse; constructing 0.5 -inch thick colored play surface wear course for the playground surface, and all other work items as required to complete the work in place. A receipt and warranty certificate stating the City as the owner of the new playground surface entitled to warranty coverage shall be provided under this payment item. Item No. A2 Appling Aromatic Maintenance Roll-on Coat to Existing Playground Wear Course: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for cleaning debris and sand from the existing wear coarse; applying Engineer -approved aromatic maintenance roll on polyurethane binding agent to wear coarse surface; and all other work items as required to complete the work in place Enclosed is a copy of the Contract. Please provide by January 10, 2013, the following documents: Bidders Bond Designation of Subcontractors Technical Ability and Experience References Designation of Sureties Proposal Please note that the enclosed Informal Contract Documents are the only forms acceptable to the City for this purpose. Also note that all contractors are required to obtain a valid City of Newport Beach Business License. The license application can be downloaded in .pdf format from our website: www.newportbeachca.gov or you can apply on line using the following link: https://www5.city.newport-beach,ca.us/quest too/re istg er login.aspx or you may contact our Revenue Division at 949-644-3141. In addition, the informal contract provisions require you to furnish original certificates of insurance and original endorsements in strict compliance with all of the requirements outlined in Section 12. INSURANCE. An individual authorized by the insurer to bind coverage on its behalf must execute these documents. Also, the Cancellation Clause shall read: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left.' All certificates and endorsements must be received and approved by the City before the contact will be considered complete. No work will be authorized until all bonds and insurance documents are approved. Please return as a complete package of the completed contract documents. Please return all documents by January 10, 2013, postmarks will not be accepted, to the attention of: Peter Tauscher City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Very truly yours, Peter Tauscher Project Manager Enclosures rtuserslpbwtsharedlcontractsify 12-13X-5283 - fy12-13 playground equip replacennentiinformai letter ece.docx A 1.LVA 1 1. PART 1 - General POURED IN PLACE PLAYGROUND SURFACING Poured in place rubber playground surfacing shall consist of a polyurethane binder mixed with 100% recycled, shredded tire buffings which will make up the cushion layer. The cushion layer is capped with EPDM rubber granules mixed with a polyurethane binder creating the wear course. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. PERFORMANCE REQUIREMENTS Area Safety: Poured in place within playground equipment use zones shall meet or exceed the performance requirements of the CPSC, ADA, and Fan Height Test ASTM F 1292-04. The surface must yield both a peak deceleration of no more than 200 G -max and a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall from the highest accessible portion of play equipment being installed as shown on drawings. Accessibility: Children's outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED -STD -795 and the Architectural and Engineer Instructions (9AEI) Design Criteria. The requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children's outdoor play areas. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951- 08 and ASTM F 1292-04. Poured in place surfaces shall be manufactured and installed by trained and experienced installers. Submittals: The following shall be submitted for rubber surfacing for playgrounds: • One original hard copy of the submittal package will be provided. • Manufacturer's descriptive data and installation instructions. • Manufacturer's details showing depths of wear course and sub -base materials, anchoring systems and edge details. • Upon request, a listing of comparable installations where products similar to those proposed for use have been installed and have been in service for a minimum period of three years. This list shall include owner, address of installation, date of installation, contact person, and phone number. • Upon request, 4 -inch by 6 -inch samples of the proposed material for this project. IPEMA certification shall be mandatory. Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. Project Site Conditions: Poured in Place surfacing must be installed on a dry sub -surface, with no prospect of rain within the initial drying period, and within the recommended temperature range of the manufacturer. Installation in weather condition of extreme heat, less than 55 degrees (F), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. Warranty: Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited five (5) year period, Warranty will be specific to maintenance requirements and performance standards of completed product. PART 2 -PRODUCTS Safety surfacing shalt consist of synthetic materials meeting the requirements of this specification. SECTION 2.01 PRODUCT SCOPE (a) Poured in Place Surface: The poured in place surface shall consist of 100 percent recycled shredded tire material mixed with a polyurethane and capped with either an EPDM granule and mixed with polyurethane. b) It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. c) The type of safety surfacing shall be a poured -in-place system and shall be indicated on the drawings. SECTION 2.02 CUSHION LAYER SECTION Impact Attenuating Cushion Layer: Cushion Layer consists of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder to form a resilient porous material. Strands of SBR may vary from 0.5 mm - 2.0 mm in thickness by 3.0 mm - 20 mm in length. Binder will be between 18-20 percent of the total weight of the granules used in the wear surface and shall provide 100 percent coating of the particles. Foam or rubber granules are not to be permitted in cushion layer Binder shall be between 10-14 percent of the total weight of the material, and shall provide 100 percent coating of the particles. The cushion layer shall be compatible with the wear course and must meet requirements herein for impact attenuation. SECTION 2.03 WEAR COURSE (a) Wear Course shall consists of Ethylene Propylene DieneMonomer(EPDM) or Thermal Plastic Vulcanized (TPV) granules with polyurethane binder formulated to produce an even, uniform, seamless surface up to 2000 square feet. (b) EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a Processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability. (c) ASTM 0 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. (d) Size of rubber particles shall be 1-3 mm across. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (e) TPV shall be angular granules with a (Shore A) hardness of 650A ±5 and particle size between 1-4mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (f) Thickness of wear course shall be a minimum 0.5- inch. (g) The wear course shall be porous. SECTION 2.04 BINDER (a) No Toluene Oiphenel Isocyanate (TOI) shall be used. (b) No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. (c) Weight of polyurethane shall be no less than 8.5 lbs/gal and no more than 9.5 lbs/gal. (d) Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed VORAMER quality and be manufactured by Dow Chemical. PART 3 - MATERIALS (a) Wear Course - EPDM Granules: Manufacturer: RTH Processing, Inc. As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (b) Wear Course- TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (c) Cushion Layer - TotTurf Shredded SBR As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (d) Binder - VORAMER MR 1099- extreme heat and humidity conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (e) Binder - VORAMER MR 1105- normal weather conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (f) Binder- Voramer MR 1108- humid conditions Rubber Surfacing For Playgrounds T - Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (g) Binder- Voramer MR 1160 Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (h) Binder- Aliphatic Manufacturer: Manufacturer: Marchem Pacific, Inc. As distributed by: Robertson Industries, Inc. - (800) 858-0519 Playground Area Location Used: Playground Area PART 4 - EXECUTION (a) Finished Grade: Verify that finished elevations of adjacent areas are as indicated on the drawings, that the appropriate subgrade elevation has been established for the particular safety surface to be installed, and that the subsurface has been installed in a true, even plane, and sloped to drain as indicated in drawings. To conform with ADA guidelines there must not be more than a two percent slope. (b) Sub base: Tolerance of concrete subbase shall be within 1/8 inch in 10 feet. Tolerance of subbase shall be within 8I8 inch in 10 ft. Verify that subbase has been fully compacted in 2" watered lifts to 95 percent or greater. (c) Curing of Concrete: If poured in place surfacing is installed, verify that concrete subbase has cured and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry. (d) Drainage: Verify that sub -surfacing drainage, if required, has been installed to provide positive drainage. Section 4.02 INSTALLATION (a) Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day and completely bonded to concrete of subbase. Material shall cover all foundations and fill around all elements penetrating the surface. (b) Cushion Layer: Whenever practical, cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam and fully coat the step of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new cushion layer can be placed before the adhesive dries. (c) Wear Course: Wear Course must be either high quality peroxide cured EPDM or TPV granules. Wear surface shall be bonded to cushion layer. If necessary, additional primer will be used between the cushion layer and wear course. Apply adhesive to cushion layer in small quantities allowing the wear course to be applied before adhesive dries, Surface shall be hand troweled to a smooth, even finish. Except where the wear course is composed of differing color patterns, pour shall be continuous and seamless up to 2,000 square feet per day. Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain wear course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with owners written approval seams may be permitted in same color pad. Consult with manufacturer for specific applications. (d) Perimeter: Concrete perimeter must be saw cut to size indicated on plans, or formed during pour, with surfacing rolled down inside void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or boarder the hardened edge shall be primed with adhesive and the final 2 -inches shall be tapered to allow the wear surface material to be a minimum of 1 -inch thick where it joins the concrete edge. (e) Thickness: Construction methods, such as the use of measured screeds 1116 inch (1.0 mm) thicker than the required surfacing depth, shall be employed to ensure that full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein, (f) Clean Up: Contractor shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned. (g) Protection: The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the Contractor from all traffic during the curing period of 48 hours or as instructed by the Engineer. ANJR EXHIBIT B PROPOSAL EUSEBIO SALGADO Page B-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND RESILIENT SURFACE RENOVATION CONTRACT NO. 5283 To the City of Newport Beach 3300 Newport Boulevard Newport Beach, California 82663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Pians and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5283 in accordance with the Plans and Special 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 Lump Sum Mobilization @�ouy "1`iogW5oza Dollars and ZPa-n Cents $ lloo ?' Per Lump Sum 2. 3,000 S.F. Remove Existing Cushion Layer and Wear Course Play Surface @ onP_ Dollars and —T-WeriA Cents $ _ 1. nO a� Per Square Fodt 260 S.F. Construct 4 -Inch Thick A.C. Base @ 15 k Dollars and F j -C k -v Cents $ 6.50 $ Per Square Foo6t PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3,260 S.F. Construct 3.5 -Inch Thick Cushion Layer !ol Ei @ 717WQ Dollars and Cents Per Square F of 3,260 S.F. Construct 0.5 -Inch Thick Colored Play Surface Finish Course @ S tat Ps1 Dollars and Cents Per Square F od t� Lump Sum Remove Existing Playground Equipment and Install New Playground Equipment @iw a,�YtPl _Dollars and Ze.r� Cents Per lump Sum Lump Sum Repair and Resurface Damaged Areas vsan Three gLwavej �our"t"h� 01ilpdcevpy,.,..Dollars 77 and "'V Cents Per lump— Lump Sum Provide As -Built Drawings (Fixed) @ Two Hundred Fifty Dollars and Zero Cents Per Lump Sum $ 14�> $ 250.00 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and Cents p ..r Bidder'sTelephoneand •- Bidder's License No(s). and Classification(s) Total Price (Figures) ta-. pct Bidder idder's At Signature and Title 1 'r Bidder'sAddress The selection of lowest responsible bidder shall be based an the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). _- - ADDITIVE BID ITEMS Al. 165 S.F. Remove and Replace 0.5 -Inch Construct 0.5 -Inch Thick Colored play Surface Finish Course QkW,_\Ve Dollars and 5-cytn : Cents $ 0 $ J,�Q_so Per Each A2. 3,500 S.F. Appling Aromatic Maintenance Roll-on Coat to Existing Playground Wear Course @ V -e Dollars and 5, tiz ents $ 1.10 $ of Per Each — mw- o -ml-ki107lli��glyst1117 WHEREAS, the City of Newport Beach, State of California, has awarded to EUSEBIO SALGADO hereinafter designated as the "Principal," a contract for the Improvement Playground Resilient Surfacing locations include Mariners Park and West Newport Park, 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, Indemnity Companv of California duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Forty Nine Thousand, Six Hundred, Ninety Seven Dollars and 50/100 ($49,697.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as EXHIBIT C 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 12 day of EebrIjary 2013. ECE Construction Services Name of Contractor (Principal) Indemnity Company of California Name of Surety 17771 Cowan Ste100 Irvine CA 92614 Address of Surety 800 782-1546 Telephone Authorized Signature/Title Authorize Ag t Signature Jugi-in T. Kellpw Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Onfgtu tl(- personally appeared who proved to me on the basis of satisfactory evidence to be the persons whose namek) islqKe subscribed to the within instrument and acknowledged to me that heitsee °Cey executed the same in his/Def/Jl4eir authorized capacitys), and that by his/her�tjir signature) on the instrument the personas)'; or the entity upon behalf of which the person(,$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANNAJANSY PINEOA OLIVA _ Commission # 1420724 WITNESS my hand and official se z` ` Notary Public - California _ Orange County " M Comm. E--;--- Jan 7, 2015 SignatumafNmaryPubic (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date__ (Additional information) CAPACITY CLAIMED BYTHE SIGNER 0 Individual (s) 0 Corporate Officer (Title) * Partner(s) * Attorney -in -Fact ❑ Trustec(s) 2008 Version CAPA v 12.10.07800-873-9865 www.NotaryClasses,com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknmviedgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any atternarree acknowledgment verbiage as may be printed on .such a document so long as the verbiage does riot require the notary to do something that is illegal for a Wormy in California (i.e. cert6mg the authorized capacity of the signer), Please check the document carefully fpr proper notarial wording and attach this farm if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public most print his or her time as it appears within his a her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. bo/she/they- is hue ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover rest or lines. If seat impression smudges, re -sed if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the offxe of the county clerk. 46 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i c, CEO, CFO, Secretary). • Securely attach this document to the signed document POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint:'—Justin L. Kelley*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necressary, requisite or proper to be done U connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)=tn-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimse under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby Is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAttomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: J�... ,y , 'i .Age "ry"OMPANYO Daniel Young, UCe-President / f 0R4. ,,» �ywV�Oixpof? �C9 V�7` aim; OCT. ..x� .� = OCT.5 � =n By: tb `o4 W 1987 O Stephan 7. Pate, Senior Uce-President °�0?fiQy"p .�abx O C'y<1FOP���az State of California County of Orange " On January 31, 2011 before me, Antonio Alvarado, Notary Public __� Date Here Insert Name and Title of the Officer personally appeared Daniel Yourto and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfam subscribed to the within instrument and acknowledged to me that helshefthey executed the same in hismerllhen authorized fe;�AMCONtO A6 VARADp caparity(ies), and that by hislheritheir signatures) on the instrument the person(s), or the entity upon behalf of LVAR dD which the person(s) acted, executed the Instrument. OAAMQECCALIF�' I Certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is two and correct. M comm. so"Aug.9 2019 n+41+�r5Vr4fr%aWV�W�Yr° WITNESS my hand and official seal. Place Notary Seal Above Signature _ ' Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY a INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed inthe jCity of Irvine, California, this 12 day of February 2013 41�- stant Secretary ID-1380(Rev01111) NFRKSOPIN�w 1 The premium charges on this Bond is $ 1 242 44 , being at the rate of $ o _ n 4 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to EUSEBIO SALGADO hereinafter designated as the "Principal," a contract for the Improvement of Playground Resilient Surfacing locations include Mariners Park and West Newport Park 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 Indemnity Company of California , 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 Forty Nine Thousand, Six Hundred, Ninety Seven Dollars and 501100 ($49,697.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the 'S�:iilll(f/i; 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 12 day of February , 2013. ECE Construction Services Name of Contractor (Principal) VMS -11.. •ilf-. 17771 Cowan Ste100 Irvine CA Address of Surety 800 782-1546 Telephone Authorized Signature/Title 4Authori Agent ignatu� 14 Justin L Kelley Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Uffkqzs�11 State of California County of L 'mom, C. }ss. On '%0!3before me, Nrri�iio�nx� i e � ivy Notary Public, person* appeared T 75u'&N LKeia_ who proved to me on the basis of satisfactory evidence to be the persoe whose name isle subscribed to the within instrument and acknowledged to me that he/04&1'ey executed the same in his/,aeh/t6ir authorized capacity(ies), and that by his/wltbei"r signaturesN on the instrument the person,(s), or the entity upon behalf of which the persons) 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 gMcipi seal. Signature State of California County of On Public, personally appeared ANNAJANIN INEDA OLIVA Commission 0 1924724 iFk O—W Notary Public - Cali#ornia zOrange County m NI Comm. 2 fres Jan 7, 2475 ACKNOWLEDGMENT ss. before me, proved to me on the basis of satisfactory evidence to be t subscribed to the within instrument and acknowledged to same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. (seal) Notary ,who he person(s) whose name(s) is/are me that he/she/they executed the his/her/their signatures(s) on the the person(s) acted, executed the 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) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19726, IRVINE, CA 92623 (949) 263-33017 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Justin L. Kelley*** as their true and {awful Altomey(s)-in-fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bands, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)4ri-Fad till power and authority to do and to permi every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations fu8 power of substitution and revocmon, and all of the acts of said Attorney(s)-in-Fact, pursuant to those presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, ef:`ective as of January 1st, 2006. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomay(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused thew presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. W- By:-�..tANft1,y"o k. gAPANYO Daniel Young Vroe-President ©gP ORgT'.F �Or OPPOggT =cq�?;.. ' OCT. S BY: V W 0 Stephen T. Pato, Senior Vice-President$- =0i 1936 'o€ """'7�g1IFOPtiN`P 1967 State of California ,,•,"„'”",`•,t•` County of Orange On _„„ laniary 31 2011 before me, Antonio Alvarado, Notary Public _T Date Here insert Name and Title of the Officer personally appeared Daniel Young and Stephen T Pate Namae) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to .. the within instrument and acknowledged to me that hetshetthey executed the same in humerltheir authorized ANT 10 ALVA}iADO caps ity(ies), and that by hisdedtheir signature(s) on the instrument the portents), or the entity upon behalf of OOMAi 98dU.9 which the person(s) acted, executed the instrument, NOIAPY PUBLIC � I canny under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGECOUNTY true and correct. M comm. evires Au , 9, 2oi$ WITNESS my hand and official seal. Place Notary Seal Above Signature Antonia Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,//California, this 12 day of February 2013 By .._ z �'3%��..'............ 'Gregg Our r . tstant Secretary ID-1380(Ray.(11111) EXHIBIT E 1. INSURANCE REQUIREMENTS - CONSTRUCTION 1.1 Provision of Insurance. 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 Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 1.2 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. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, 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) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. EUSEBIO SALGADO Page E-1 1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: 1.3.4.1 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; 1.3.4.2 Pay on behalf of wording as opposed to reimbursement; 1.3.4.3 Concurrency of effective dates with primary policies; and 1.3.4.4 Policies shall "follow form" to the underlying primary policies 1.3.4.5 Insured's under primary policies shall also be insured's under the umbrella or excess policies. 1.3.5 Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to one hundred (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. 1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction. If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is EUSEBIO SALGADO Page E-2 brought by an insured or additional insured against an insured or additional insured under the policy. [Note: this provision can be waived if there is no known or suspected pollution at the project site. This provision is also not applicable to maintenance and repair contracts unless there is a known pollution risk.] 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements, The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. EUSEBIO SALGADO Page E-3 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 1.5.4 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. 1.5.5 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. 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 1.5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. EUSEBIO SALGADO Page E-4 CERTIFICATE OF LIABILITY INSURANCE F DATE(MWDDNYYY) 1 01/09/2013 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Pynn Insurance Agency, LLC 24910 Washington Ave Suite 205u Murrieta CA 92562 10" CT NAME Marl Drewry PHONE (951} 239-0038 (951) 239-1916 _(9LC_7R_EXI (A/c NaL E-MAIL Mari nn ADDRESS: @py ins mnceagency.com INSURER(S) AFFORDING COVERAGE NAIC# _ INSURERA.. Colony Insurance Company INSURED E C E CONSTRUCTION SERVICES 24771 GREENTREE LN LAKE FOREST CA 92630-2408 INSURERS: INSURER C : INSURER 0: Williamsburg National Insurance Company INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR TYPE OF INSURANCE N LSUSR I POLICY NUMBER GNU EFF MMIDD POLJCY­EWP_' LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIABILTTY CLAIMS -MADE F–IOCCUR GL 4019890 01/05/2013 01105(2014 EACH OCCURRENCE $ 1,000,000 PREMISES EaENTEff— acwrrenw $ 100,000 MED EXP(Any one peram) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY PRO- IFGTLOC PRODUCTS-COMPIOPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED'-- AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED EEISINGLE LIMIT ....._) $ ._...._._., BODILY INJURY (Per person) $ BODILY INJURY (Per awidenl) $ —PROPERTY —DAMAGE IPerawBe.q $ UMBRELLA LIAR EXCESS LAG OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ EO I I RETENTION $ D WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY MYPROPRIETOMPARTNERIEXECUTIVE YIN JM.nd tryinf ER E%GLUDEDP {MandaR,MFlNH) B yyee, describe antler DESCRIPTIONOPOPERATIONSbabn NIA WD 0644943 01/05/2013 01/05/2014 X WC STATU- I JOTH- - E,L.EACH ACCIDENT $ 1.000.000 EL DISEASE -EA EMPLOYE 1,000,000 J1$ EL DISEASE-POUCYLIMIT - $ 1,000,D00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aaach ACORD 101, AddlUanal Remarks Scbedulo, E morn spew Is roqulred) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Insureds Copy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. All rights The ACORD name and logo are registered marks of ACORD 7X19 INSCO INSURANCE SERVICES, INC. iP sc%1co underwriting Manager for: (MLar}D nL l�D Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263.3300 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, ECE Construction Services as Principal, and Indemnity Company of California ------ corporation authorized to transact a general surety business in the State of California — as Surety, are held and firmly bound unto City of Newport Beach called the Obligee) in the full and just sum of Ten Percent of Dollars, ($.LQ%_— ---- —---- ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 9th ECE Construction Seri es ,..--• Wit ............:. z-,-.�.- .,-. Eusebio Salgado Principal ID -1188 (Bid Road) (REV. 1101) day of January ------- 2G13 — YEAR Indemnity Company of California Sure __._. B _ Justin L Kely y Attorney -in -Fant POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNIFY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint:..*Justin L. Kelley*** as their true and lawful Aterney(sl-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as surefies, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomeyfe)-fn-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of subsHodkon and revocation, and all of the acts of said Attaney(s)dn-Fact, pursuant to these presents, are hereby ratified and cornvmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Mce-President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Asnelant Secretary this January 1st, 2008. E � who proved to me on the basis of satisfactory evidence to be the person(s) whose names) fclare subscribed to BY lY .•"'`t`f yAND'4"", OpNPANY (}.r Danld Young,Vice-Presiders;----- 'yJQ'r "g40fiq•'., yY. O p,POq O qto V PUBLIC IA I carGfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is TQi° f OCT, .5 d K' true and correct. BY =o`e 1936 jpt a>,,°•, s.Lv'e W 1967 b i7 c, N- 2 Stephen T. Pate, Senior Vice -President Antonio Alvarado, Notary Public 'y<7FOR�� 3 State of California County of Orange On January 31, 2011 before me„� Antonia Alvnmi n, Notary Public Date Here insert Name and Title of the Officer personally appeared _, Daniel Young and Stephen T Pate Name(s) of Slgner(s) The undersigned, as Secretary a Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY a INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions or the iosoactive Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. 2q This Certificate is executed in the City of Wine, California, this 1 dayof JArW0.rr5 2013 Ar,gg , istant Secretary ID-1380(Rev01111) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) fclare subscribed to the within instrument and acknowledged to me that helsheithey executed the same in his(heritheir authorized 'dleCOR�A� capacity(ies), and that by hisfherltheir signature(s) on the instrument the person(s), or the bell upon behalf of ANTONfO h1..VARADO which the person(s) acted, executed the instrument. tB9064.9 PUBLIC IA I carGfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. tatrxn. eaµtires - 9, 2015 WITNESS my hand and official seal. 6?4a*0_10, Placa Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary a Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY a INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions or the iosoactive Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. 2q This Certificate is executed in the City of Wine, California, this 1 dayof JArW0.rr5 2013 Ar,gg , istant Secretary ID-1380(Rev01111) ACKNOWLEDGMENT State of California County of _) On i 01 _ _ before me, JESSICA S. THOMPSON, NOTARY PUBLIC (insert name and title of the officer) personally appeared o L- X , who proved to me on the basis of satisfactory evidence t e theon m whose nais are scribed to the within instrument and acknowl d to mo tha(hhe/they executed t e same in hisl er/their authorized capacity s), and that b hisl edtheir signature`(�f on the instrument the person*, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ _ _ _ __ _ JESSICA SARAH THOMPSON Commission # 1936347 WITNESS my hand and official seal. «� Notary Public. California Orange County M Comm. Ex ire$ Me 13, 2015 M Signature (Seal)