HomeMy WebLinkAboutAGMT - Unique Performance Construction (Eisenhower Park Restrooms) ink
Recorded in Official Rirds, Orange County
Tom Daly, Clerk-Recorder
IIIIIIIIIF Iil�lllll.IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
RECORDING REQUESTED BY 2011000242440 9:07 am 05/16/11
AND WHEN RECORDED MAIL TO 276 418 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
CITY OF SEAL BEACH
Attn: City Clerk •
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
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**" No Recording Fee Pursuant to Government Code Section 6103, 27383 "" 11
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 -8th Street, Seal Beach, CA 90740.
- 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
April 1, 2011. The work was Eisenhower Park Restrooms Remodel Project No PRO901.
6. The name of the contractor(s), if any, for such improvement was: Unique Performance
Construction The date of the Contract Award was December 13, 2010.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: APM 199-103-03.
Date: SltOtt(
Dinar Public Works, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on 10-1-ti , 2011, at Seal Beach, California.
(Date of Signature)
gfr-
'rector of Public Works, City of Seal Beach
•
AN AGREEMENT
FOR EISENHOWER PARK RESTROOMS REMODEL
PROJECT
CIP NO. PRO901
between
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B'.
'
lit 1 � eFR 27 `9-
� ''�,�uNTY. C`_
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Unique Performance Construction
1931 Newport Boulevard, Suite D
Costa Mesa, CA 92627
p- 949 - 645 -5025
THIS AGREEMENT is made and entered into this 13th day of December, 2010, by and between
the City of Seal Beach, a California charter city ( "City "), and Unique Performance Construction,
a Corporation ( "Contractor ").
Page 1
w
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Eisenhower Park Restrooms Remodel Project No. PR0901 ( "Project ") with respect to design
criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
November 22, 2010 in the amount of $60,600 ( "Accepted Proposal" hereinafter). The Accepted
Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining
the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1.0 Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the mutual
promises set forth herein, and subject to the terms and conditions set forth in this Agreement,
Contractor shall perform and complete in good and workmanlike manner all work ( "Work ")
required by this Agreement and the documents listed in Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to
Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors,
Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms
for Check or Bond, Specifications, General and Special Provisions and documents referenced
therein, all addenda as prepared prior to the date of bid opening setting forth any modifications
or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement,
including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B),
Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit
E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all
supplemental agreements executed amending or extending the work contemplated and that may
be required to complete the work in a substantial and acceptable manner. These Contract
Documents are hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans, Specifications
and other Contract Documents. Contractor shall furnish at its own expense all labor, materials,
equipment and services necessary therefore, except such labor, materials, equipment and services
as are specified in the Contract Documents to be furnished by City.
1.4 In the event of any material discrepancy between the express provisions of
this Agreement and the provisions of the other Contract Documents, the provisions of this
Agreement shall prevail.
Page 2
® •
2.0 Effective Date. This Agreement is effective as of December 13, 2010 (the
"Effective Date "), and shall remain in full force and effect until Contractor has rendered the
services required by this Agreement.
3.0 Payment. For performing and completing the work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of
$60,600, subject to any additions and deletions pursuant to the terms of the Contract Documents.
Said sum shall constitute payment in full for all work performed hereunder, including, without
limitation, all labor, materials, equipment, tools and services used or incorporated in the work,
supervision, administration, overhead, expenses and any and all other things required, furnished
or incurred for completion of the work as specified in the Contract Documents. City shall make
payments to Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents.
4.0 Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such
Services, including, without limitation, a City of Seal Beach business license as required by the
Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees' wages and
benefits, and shall comply with all requirements pertaining to employer's liability, workers'
compensation, unemployment insurance, and Social Security. Contractor shall fully comply with
the workers' compensation law regarding Contractor and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages, claims,
costs and expenses of any nature to the extent arising from Contractor's alleged violations of
personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or liability
on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall
have control over the conduct of Contractor or any of Contractor's employees, except as set forth
in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of
its officers, agents, or employees are in any manner employees of City. Contractor shall pay all
required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City
harmless from any and all taxes, assessments, penalties, and interest asserted against City by
reason of the work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees due to
Contractor under this Agreement any amount due to City from Contractor as a result of
Contractor's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 4.
Page 3
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5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the City,
its elected officials, officers, employees, volunteers, agents, and those City agents serving as
independent contractors in the role of City officials (collectively "Indemnitees ") free and
harmless 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, bid protests, stop notices, 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 "), in any manner arising out of
or incident to the performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses. Further,
Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk,
to defend any and all such suits, actions or other legal proceedings of every kind arising out of or
incident to the performance of the Agreement that may be brought or instituted against
Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding
arising out of or incident to the performance of the Agreement. Contractor shall reimburse the
City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or
Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any
insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to
require Contractor to indemnify Indemnitiees for that portion of any Claim to the extent arising
from the sole negligence or willful misconduct of the Indemnities.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Contractor because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the termination of
the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against a Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
Page 4
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is •
6.0 Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives, employees
and subconsultants. The policy limits set forth below do not act as a limitation upon the amount
of indemnification to be provided by Contractor. Contractor shall complete and execute the
following documents attached as Exhibits hereto and incorporated herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial
General Liability
6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile
Liability
6.1.3 Exhibit D -3: Additional Insured Endorsement
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed.
11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B).
6.2.4 Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
6.2.5 Professional Liability Insurance. Contractor shall provide to City
the standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate
for bodily injury, personal injury and property damage. Commercial General Liability Insurance
or other form with a general aggregate limit shall apply separately to this Agreement or the
general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury
and property damage.
Page 5
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6.3.3 Employer's Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount
required by law.
6.4 Deductibles and Self - Insured Retentions. Contractor shall inform City of
any deductibles or self - insured retentions except with respect to any professional liability
insurance.
6.5 Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of city or agency officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on behalf of
Contractor; products and completed operations of Contractor; premises owned, occupied or used
by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
officials. Any insurance or self - insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Contractor's insurance and shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
6.5.4 Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk
Manager.
6.7 Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
Page 6
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received and approved by City before services commence. As an alternative to City forms,
Contractor's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications.
7.0 Liquidated Damages. Should the Contractor fail to complete the project, or any
part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for
the additional expense and damage for each calendar day that the Contract remains uncompleted
after the Contract completion date. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to complete the Contract is the per diem rate $750 per
calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City
resulting from the failure of the Contractor to complete the project within the allotted time and to
the value of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are incapable
of calculation at the inception hereof; and this amount is not to be considered in the nature of a
penalty. The City shall have the right to deduct such damages from any amount due, or that may
become due to the Contractor, or the amount of such damages shall be due and collectible from
the Contractor or the Contractor's Surety. Progress payments made after the scheduled
completion date shall not constitute a waiver of liquidated damages.
8.0 Suspension. City may, in writing, order Contractor to suspend all or any part of
the Contractor's Services for the convenience of City or for work stoppages beyond the control
of City or Contractor. A suspension of the Services does not void this Agreement.
9.0 Notices. Any notices, bills, invoices, or reports authorized or required by this
Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Contractor's and City's regular business
hours or by facsimile before or during Contractor's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this Section. All notices shall be
addressed as follows:
If to City: City of Seal Beach - City Clerk
211 8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562) 493 -9857
With a copy to: Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
If to Contractor: Unique Performance Construction
1931 Newport Boulevard, Suite D
Costa Mesa, CA 92627
Telephone: 949-645-5025
Fax: 949 - 631 -7591
Page 7
, 11 11 •
10.0 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Contractor's obligations
hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
11.0 Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor performs
the Services.
12.0 Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any
one or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
13.0 Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including all attorneys' fees incurred in connection therewith.
14.0 Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
15.0 Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated agreement between
Contractor and City. This Agreement supersedes all prior oral or written negotiations,
representations, or agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which expressly refers to this
Agreement.
(Intentionally Left Blank)
Page 8
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: By:
David N. Cap iiany, City Manager Name:
Title: 1 c °Lair
Attest:
By: 1e, /i /. By:
Linda ) evine, City ' ler Name:
Title:
Approved as to Form:
By: _ ■
• -.�.. ��
uinn _ M. Barrow, City Attorney
Page 9
• of of 4 Originals)
THE FINAL PREMIUM IS
PREDICATED ON THE
ANAL CONTRACT PRICE
Bond No. 2097684 Bond Premium $1,515.00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded Unique Performance Construction, Inc. ,
1931 Newport Blvd. , #D, Costa Mesa, CA 92627
(Name and address of Contractor)
( "Principal "), a contract (the "Contract") for the work described as follows:
Eisenhower Park Restrogm Remodel Project No PR0901
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract
NOW, THEREFORE, we, the undersigned Principal, and North American Specialty
Insurance Company, 701 S. Parker Street #3800 Oran:e CA 92868
(Name and address of Surety)
( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of Sixty Thousand Six Hundred and
00 /100
Dollars ($60, 600.00 ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH TILAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court. •
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed there under,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications there under. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
Page D-31
• •
Unique Performance North American Specialty
Construction, Inc. InsrAnce Comp an
By
Its Tts Matthew R. obyns
Attorney -In -Fact.
By: CV-e3 `y Hy
Its
izts
(Seal) - (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney -in -fact must be
attached.
Page D -32
�� Policy Number: Date Entered: 12/21/2010
AR L7® CERTIFI ATE OF LIABILITY INSU ANCE /
12/21/2010
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 CONTACT
Dalat:i's Insurance, IIIc. NAME: PHO
12 3 Main St . (A/C. No. E tt): ( ) - I (AIC. No): ( ) —
E-MAIL
P.O. Box 555 ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
Memphis, TN 37721
IN SUR ER A: COLONY INSURANCE COMPANY
INSURED UNIQUE PERFORMANCE CONSTRUCTION INSURERS: FARMERS INSURANCE EXCHANGE
MOUMTAZ KABANY INSURER C:
1916 NEWPORT BLVD #3D INSURER D:
COSTA MESA, CA 92627 INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MWDD/YYYY)
GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000
A COMMERCIAL GENERAL LIABILITY X GL3782915 08/27/2010 38/27/2011 DAMAGE TO RENTED PREMISES(Eaoccurrence) $100,0
CLAIMS -MADE ® OCCUR MED EXP (My one person) $5, 000
PERSONAL BADV INJURY $1,000,000
GENERAL AGGREGATE $2 000, 000
GEM AGGREGATELIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
POLICY .7160,-- IFSO.T pi LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 000, 000
(Ea aoadent)
B X ANY AUTO X 604862007 12/09/2010 12/09/2011 BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
PROPERTY DAMAGE
NON-OWNED ED (Per acadent)
HIRED AUTOS _ AUTOS —
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
—
EXCESS LIAB CLAIMS -MADE AGGREGATE $
DED 1 1 RETENTION $ $
WORKERS COMPENSATION I W CY LIMITS I I PR
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE N / A E L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) E L DISEASE • EA EMPLOYEE $
If yes, descnbe under
DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space 1a required)
THE CITY OF SEAL BEACH, ITS ELECTED OFFICIALS, OFFICERS, ATTORNEYS, AGENTS, EMPLOYEES, AND BOLUNTEERS ARE
ADDITIONAL INSUREDS
30 DAY NOTICE OF CANCELLATION 10 DAY FOR NON PAYMENT OF PREMIUM
CERTIFICATE HOLDER CANCELLATION
THE CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
211 8TH STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE P LICY PROVISIONS.
SEAL BEACH, CA 90740
AUTHORIZED REPRES ATI
010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are regist arks of ACORD
Produced using Forms Boss Plus software. www.FormsBoss com, Impressive Publishing 800-208-1977
• 4111 of 4 Originals)
• THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
Bond No. 2097684 pond premium $1,515.00
PERFORMANCE BOND
l4QOW ALL PERSONS BY THESE ?RESENTS that
WHEREAS the cit of Seal Beach, has awarded Unique Performance Construction, Inc . ,
1931 Newport Blvd., #D, Costa Me sa, 7
(Name and address of Contractor)
( "Principal "), a contract (du "Contract") for the work described as follows:
„Eisenhower Perk Rostrum Remodel Project No PR0901
WHEREAS, Principal is required tinder the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW, THEREFORE, we the undersigned Principal, cad North American Specialty
Insurance Company. 701 S. Parker Street, #3800, Orange, CA 92868
(Name and address of Surety)
( "Surety") a duly admitted surety iusurcr under the laws of the State of California, as Surety, are held and
firmly bound onto the Public Agency in the penal sum of Sixty Thousand Six Hundred and
00/100
Dollars ($60,600.00 ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents. and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court. •
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed there under,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the apeeificadons there under. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. •1N WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall 1br all purposes be deemed as original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representatives) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
Page D.31
. { • •
Unique Performance North American Specialty
Construction, Inc. In / s � ry ce Co Compa y
By
Its Its Matthew R. obyns
Attorney -In -Fact
sy : -, �laP..y sr
its tt:
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
Page D-32
" '':''!(F :+!1�?` L''r +: '"r t.' :'t t` f+?:���1 � t'c .�J 1 M- �,"i' ± ''� y} .. �' i�4tt ."' ,.�! :+i m 1,`t%I.,a``.�1 r47ki;
�?L• 'N. :+lo-;- , =�`•5 a::�`.I� �+'1
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of .
Schaumburg, Illinois, each does hereby make, constitute and appoint:
RANDY SPOHN and MATTHEW R. DOBYNS
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24 of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company 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 or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
���WIIIIIII/ /y�
4 tlyrry�4i.
By
i
Ig^C2— 4124961
°' SEAL o O£ Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company 2I . SEAL
W iT 1979 p 1e n & Senior Vice President of North American Specialty Insurance Company O
, jN d HyIP�
David M. Layman, Senior Vice Presiden of Washington Intonational Insurance Company
& Vice President of North American Specialty Insurance Company
. IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of December , 2010
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 15th day of December 2010 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
- Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, -
personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their resnective companies. (} �1
"OFFICIAL SEAL° L l I d I 0 A A
• NNA D. SKLENS !� s v !� 1P �^
My mman Expires t0A /2011 Donna D. Sklens, Notary Public
I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15th day of December , 20 10
James A Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company &
North Amencan Specialty Insurance Company
, ' • •
• CALIFORNIA ALL - PURPOSE CKNOWLEDGMENT
State of CALIFORNIA
Coun f i ( ,O,RAN E
On 1 1�J ( , before me, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared MATTHEW R. DOBYNS
® who proved to me on the basis of satisfactory evidence to be the person(s)
whose namc(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 (ics), and that by his /let /their signaturc(s) 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.
rftealftostaisell
ERIKA GUIDO
COMM. # 1 g WITNESS my h , nd and official seal.
< , ter? NOTAFIY PUBLIC CALIFORNIA S
3Ti ORANGE COUNTY
"" My comm. expires May 5.2013
S'" ure
.; OPTIONAI.
•
r.
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
; • • (•f 4 Originals)
Included on
Bond No. 2097684 Bond Premium-Per formance Bond.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded to Unique Performance Construction, Inc. ,
1931 Newport Blvd. , liD, Costa Mesa, CA 92627
(Name and address of Contractor)
("Principal"),a contract(the"Contract')for the work described as follows:
Eisenhower Park Restroom Remodel Proiest No PR0901
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and North American Specialty
Insurance Company, 701 S. Parker Street, #3800, Orange, CA 92868
(Name and address of Surety)
C'Surety")a duly admitted surety insurer under the laws of the State of California, as Surety,are held and
firmly bound unto the Public Agency in the penal sum of Thirty Thousand Three Hundred and
00/100
Dollars(8 30,300.00 this amount being not less than fifty percent
(50%)of the total contract price,in lawful money of the United States of America,for the payment of
which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,
and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract,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 work or labor performed under the Contract,the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and
void.
This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court
FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,
or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code§§2845 and 2849.
Page D-34
IN WITNESS WHEREOF, two(2)identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body,
Dated:
"Principal" "Surety"
Unique Performance North American Specialty
—
Construction, Inc. Insurance Company ,
A-P2
By: By':
its Matthew R. Dobyns
By: 1,--e- z By: Attorney-In-Fact
Its / Its
•
(Seal) (Seal)
Note:This bond must be dated, all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached.
•
Page D-35
9f bI 4 tPd4 4 <v 'a, f a i #. ' 413 : PSti tit& i bs' N' :W:V :/::4 z m;'='....X1R4sti ;::::'
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Iampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg.Illinois,each does hereby make,constitute and appoint:
RANDY SPOHN and MATTHEW R. DOBYNS
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise.provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24'^of March,2000:
`RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President.any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company 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 or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
\gVN Y e1Pyw,0.10wpNwo A
4
9,1064.6.0.
-4 SEAL
�NS
D
Steven P.Anderson, & Washington 3 SEALt
President Chief Executive Officer of International Insurance Company
W'•Z 1970 /a p &Senior'ice President of North American Specialty Insurance Company
te
et
B. to
David M.Layman,Senior ent of American pt l tInsurance Insurance Company aw of
&Vice President of Hn,1M1 American Specialty Insurance Company
IN WITNESS WHEREOF.North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 15th day of December ,2010
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook SS:
On this 15th day of December 20 10 before me.a Notary Public personally appeared Steven P.Anderson ,President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly sworn.acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their resnective comnanies. (�
"O Spa /�-.9m/ a"b/. , Zr✓J
DONNA NNA r•
D.D.SIQFSiS
Notmy Public,State of Illinois Donna D.Sklens,Notary Public
My Commission Expires 10/06/I011
I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 15th day of December .20 10
lames A.Carpenter.V ice President 8 Assistant Sturman of Washington International Insurance Company d
North Ametimn Specialh Insurance Company
. ` ., ttMMI Ve t. r XAta'... ?^r PX'•}?,1 dh..ai?sa`^ �
CALIFORNIA ALL-PURPOSE /ACKNOWLEDGMENT
•
State of CALIFORNIA
Coun of 7NGE
On 1 before me, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared MATTHEW R. DOBYNS
® who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/ace 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) on the
instrument the person(5), 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.
I o' ERIKA GUIDO
g � COMMBU 1843731 f WITNESS m hand and official seal.
DNOTARY PUBLIC CALIFORNIA;o
�!R. ORANGE COUNTY '0
°Y- My comm.expires May 5,2013 �
ignatur of Notary
A 'OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING: _
NAME OF PERSON(S) OR ENTITY(IES)