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HomeMy WebLinkAboutC-3460(N) - Back Bay Science Center, Bid Package #5 (Rough Carpentry)RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111iIIIIIIIIIIlii11111111111111111111111!11111JIlilIiIIIIIIIIliiI11NO EEE 2007000591992 04:17pm 10/01/07 106 207 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees �Q pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gamut Framing, Inc., of Montclair, California, as Contractor, entered into a Contract on March 1, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460) Work on said Contract was completed, and was found to be acceptable on September 25. 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. fiE W s Director of ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a(p _ o� 00 -7 , at Newport Beach, California. BY City Clerk J)) ,Et�r September 25, 2008 Gamut Framing, Inc 4500 Mission Blvd. Montclair, CA 91763 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) To Whom It May Concern: On September 25, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 Labor & Materials Bond was released on November 5, 2007. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08748905. Enclosed is the Faithful Performance Bond. Sincerely, r2 LaVonne M. Harkless, 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXECUTED IN FIVE COUNTERPARTS BOND NO. 08748905 MASTER FORMAL. GONTRACT Pr]Mf U )l'a8C' 7i�•�. TO"i And ;s SuNlact To Ad74 t s, CONTRACT NO. 3460 BID PACKAGE #5 - ROUGH CARPENTRY BOND NO, 08748905 Premium Is For Contract Term And sas I� an NiaXd To ntra Adjustment FAITHFUL. PERFORMANCE BOND �....., On I=ir►aa Contra,.; Fr:r� - The premium charges on this Bond i$ $ 8,957 - 00 being at the rate of $ 14.40/ $8.70 __ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Gamut Framing, Inc., hereinafter designated as the "Principal", a contract for construction Back Bay Science CenterContract No. 3460 in the City of Newport Reach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute Contract No. 3460 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 ($702,000.00) lawful money of the United States of Arneriaa, said sum being equal to 100%p 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 perforrn the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void_ N As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same 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 Principai and Surety above named, on the 17TH day of MARCH '2006. GAMUT FRAMING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NORTH BRAND BOULEVARD PENTHOUSE GLENDALE, CA 91203 BY : - _ ��, Auffloorrz `-- naturelTitle MARK SCAR ATELLI, VICE PRESIDENT BY: Authorized nt Sig ature KAREN JEAN HALL, ATTORNEY-IN-FACT Address of Surety Print Name and Title 800/347-5679 (PHONE) 818/409-2820 (FAX) Telephone/Fax NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of CALIFORNIA County of SAN DIEGO _ On 3/17/2006 DATE personally appeared before me DEBORAH D. DAVIS, NOTARY PUBLIC NAME. TITLE OF OFFICER - F_.G., "JANE DOE, NOTARY PUBLIC' MARK SCARLATELLI, KAREN JEAN HALL NAME(S) OF SIGNER(S) ® personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is, subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SEP °frtiF (s) erson DEBORAH D. DAVIS signature(s) on the instrument the p Yv COMM. #1412744 -� r NOTARYPUBLIC-CALIFORNIA U or the entity upon behalf of which the i SAN DIEGO COUNTY person(s) acted, executed the instrument. c,r•FOas My Comm. Exp. APRIL 21, 2007 WITNESS my hand and official seal. Ne 5193 NOMM OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER I rnnugn statute does not, regUVe rhe rso*a ro fi! data below, do:r.y sc >,ay prove ..V31 UiiCl ,v (Jergnr-rlyinr �t trie 1 INDIVIDUAL CORPORATE OFFICERS? VICE PRESIDENT TITLE(S) PARTNER(S) LIMITEu GENERA!_ ! q r T ORNEY-IN-FA.CT TRUSTEE(S) GUARDIAN/CONSERVATOR j O; H E R — ----- ---- SIGNER IS REPRESENTING: NAME OF FERSON(S) OR. ENTITGJES� SIGNATURE OF NOTARY IN OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_ THE DOCUMENT DESCRIBED AT RIGHT: ---- -- - - — — Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES _ DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENT'S: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint John G. MALONEY, Helen MALONEY, Mark D. IATARO r n all of Escondido, California, EACH its true and lawful agent and Attorney -in- ute or, and on its behalf 4 as surety, and as its act and deed: any and all bon o gs o such bonds or undertakings in pursuance of these presents, shall be as bis om IN ply, to all intents and purposes, as if they had been duly executed and ace re o I ers of the Company at its office in Baltimore, Md., in their own proper pep f atto Issued on behalf of John G. Maloney, Helen Maloney, Mark D. Iatarola, Karen J at r 2. The said Assistant " es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of July, A.D. 2004. ATTEST: 'y�C DfPpsrf _ o O P, IE90 ? t Sul, State of Maryland1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND LZ'4'_) By: T. E. Smith Assistant Secretary M. P. Hammond vice President On this 12th day of July, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. H,�}On wwc.o awry w'.uw POA -F 012-5012 Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gamut Framing, Inc., of Montclair, California, as Contractor, entered into a Contract on March 1, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460) Work on said Contract was completed, and was found to be acceptable on September 25, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. PujAc W94(s, Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _ &0 , at Newport Beach, California. BY City Clerk November 5, 2007 Mr. Mark Scarlatelli Gamut Framing, Inc. 4590 Mission Boulevard Montclair, CA 91763 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #5 (Rough Carpentry) Dear Mr. Scarlatelli: On September 25, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 October 1, 2007, Reference No. 2007000591992. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08748905. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department encl. 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXECUTED IN FIVE COUNTERPARTS BOND NO. 08748905 MASTER FORMAL CONTRACT € RIME MI MLUDED IN PEWOMAMTcu nor,TD CONTRACT NO. 3460 BID PACKAGE #5 - ROUGH CARPENTRY BOND NO. 08748905 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Gamut Framing, Inc., hereinafter designated as the "Principal," a contract for constructicBack Bay Science Center Contract No. 3460 in the City of Newport Beach, in strict conformity with the pians, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3460 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 worts 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of ($702,000,00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly t0 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 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 or the specifications accompanying the same 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 17TH day of MARCH , 2006. GAMUT FRAMING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NORTH BRAND BOULEVARD PENTHOUSE GLENDALE, CA 91203 Address of Surety 800/347-5679 (PHONE) 818/409-2820 (FAX) Telephone/Fax BY: 1 -- MARK SCARLATELft , VICE PRESIDENT Signature KAREN JEAN..HALL, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTQR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On 3/17/2006 before me. DATE DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared MARK SCARLATELLI, KAREN JEAN HALL NAME(S) OF SIGNER(S) j personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized _ - capacity(ies), and that by his/her/their DEBORAH D.DAVIS signature(s) on the instrument the person(s), COMM. #1412744 th I t't OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ® INDIVIDUAL ® CORPORATE OFFICER(S) VICE PRESIDENT TITLE(S) PARTNER(S) ® LIMITED ® GENERAL Q ATTORNEY-IN-FACT ® TRUSTEE(S) ® GUARDIAN/CONSERVATOR ® OTHER: Y NOTARY PUBLIC -CALIFORNIA (D or e en y upon behalf of which the — SAN DIEGO COUNTY person(s) acted, executed the instrument. c4hF F" My Comm. Exp. APRIL 21, 2007 -��— SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSON(S) OR ENTITY(IES) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint John G. MALONEY, Helen MALONEY, Mark D. IATARO r n all of Escondido, California, EACH its true and lawful agent and Attorney -in- ute ° ; or, and on its behalf as surety, and as its act and deed: any and Al bon ° gs o such bonds or undertakings in pursuance of these presents, shall be as bi om Il ply, to all intents and purposes, as if they had been duly executed and ac the re o i ers of the Company at its office in Baltimore, Md., in their own proper pep f o issued on behalf of John G. Maloney, Helen Maloney, Mark D. Iatarola, Karen J=, at r 2. The said Assistant es e e certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of July, A.D. 2004. ATTEST: �p DEPOSE _ o ; State of Maryland City of Baltimore ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary M. P. Hammond Vice President On this 12th day of July, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o�aA POA -F 012-5012 Dennis R. Hayden Notary Public My Cominission Expires: February 1, 2009 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 17TH day of MARCH , 2006 Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 CONTRACT THIS AGREEMENT, entered into this 1St day of March, 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Gamut Framing, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MASTER FORMAL CONTRACT BACK BAY SCIENCE CENTER, BID PACKAGE #5 — (ROUGH CARPENTRY) Contract No. 3460 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3460, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, 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. B. 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. 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. C. COMPENSATION 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 ($702,000.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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 tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen G. Badum (949) 644-0000 CONTRACTOR Gamut Framing, Inc. 4590 Mission Blvd Montclair, CA. 91763 Attention: Mark Scarlatelli (909) 517-3333 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 4 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers and Construction Manager are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers and Construction Manager. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers and Construction Manager. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers and Construction Manager shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers and Construction Manager. iv. 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. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers and Construction Manager for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God 4 Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non -Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof, including Construction Manager, shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees and Construction Manager from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City or Construction Manager from the sole negligence or willful misconduct of City, its officers or employees or Construction Manager. 4. 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. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. 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, has become familiar with the local conditions under which the work is to be 5 performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPROVED AS TO FORM: A��C_ �-- CITY ATTORNEY 0 CITY OF NEWPORT A Municipal_QaCpoWl By: CONTRACTOR By. 2 v (Xorpo icer) Title: Se'lrte-4r-� c; Print Name: ='jz Officer) ALORPM CERTIFICA---" OF LIABILITY INSURAG' -'E DATE 04/14/2006, PRODUCER (714)979-6543 FAX (/14)549-2943 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wigmore Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2970 Harbor Blvd. #215 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0811959 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Costa Mesa, CA 92626 INSURERS AFFORDING COVERAGE NAIC # INSURED Gamut Construction Co., Inc. INSURERA: NIC Insurance Co 4590 Mission Blvd. INSURERe Mercury Casualty Com'l Montclair, CA 91763 INSURERc: American International Spec. INSURER D: St Paul Travelers 938 INSURER E. UUVtKAUtS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (mmjpptyyj POLICY EXPIRATIONLTR LIMITS GENERAL LIABILITY SF06CGLOO172800 03/28/2006 03/28/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) S 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER _—. --I PRODUCTS - COMP/OP ATG $ 1 , 000,000 --- pF�UI. I EJC: POLICY I -- AUTOMOBILE LIABILITY AC11030684 03/21/2006 03/21/2007 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS X SCHEDULED BODILY INJURY $ B AUTOS (Per person) X HIRED AUTOS X NON-OWNEDAUTOS BODILY INJURY $ (Per accident) ---- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUI O OTHER THAN EA ACC S --E AUTO ONLY : AGG $ EXCESSIUMBRELLA LIABILITY __i]OCCUR BE9305751 03/28/2006 03/28/2007 EACH OCCURRENCE $ 4,000,000 ❑ CLAIMS MADE AGGREGATE $ 4,000,000 C $ DEDUCTIBLE HX S RETENTION S 10,00 $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY T T R E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXE=CUTIVE OFFICER/MEMBER EXCLUDED? -- E.L. DISEASE - EA EMPLOYE $ 1f yes, describe under —__--__ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below HTHED EQUIPMENT 660862X4347 03/28/2006 03/28/2007 $50,000 D BUSINESS PERSONAL $12,039 PROPERTY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS HE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER FORM LANKET ADDITIONAL INSUREDS - ANF 160(9/2003) ROJECT: BACK BAY SCIENCE CENTER - CONTRACT # 3460 ANCELLATION NOTICE IS 10 DAYS IN THE EVENT OF NON PAYMENT OF PREMIUM. CITY OF NEWPORT PUBLIC WORKS DEPARTMENT ATTN: SHARI ROOKS 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING R WILL X1XCX2X(X? MAIL 30 DAYS WRITTEN NOTICE TO T CERTI CATE HOLDER NAMED TO THE LEFT, xdGXJkxdM)(kxDx %)0= AUTHORIZED REPRESENTATIVE Wigmore Insurance ACORD 25 (2001/08) /7-/ -,4ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.\ BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 Name of Person or Organization: SCHEDULE Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this Policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that peron or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to' any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not. apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) Alkt MERCURY CASUALTY COMPANY 11 END.# 015 This endorsement forms part of the policy shown below, all other terms and conditions of this policy remain unchanged. Policy No. AC11030684 Effective Date : 04/15/2006 12:01 A.M. Named Insured GAMUT CONSTRUCTION CO INC IT IS AGREED AND UNDERSTOOD THAT THE FOLLOWING ARE LISTED AS ADDITIONAL INSURED ON ALL THE VEHICLES COVERED BY THIS POLICY: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ATTN SHARI ROOKS 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658 THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PROJECT: BACK BAY SCIENCE CENTER IT IS AGREED AND UNDERSTOOD THAT THE FOLLOWING ARE LISTED AS ADDITIONAL INSUREDS ON ALL THE VEHICLES COVERED BY THIS POLICY: DOUGLAS E BARNHART, INC 14471 CHAMBERS RD #102 TUSTIN, CA 92708 This agreement applies to this policy, or any continuation, renewal or replacement of this policy by the Named Insured, or the reinstatement within 30 days of any lapse thereof. UC -44 /1994 Produ PRODUCER STATE COMPENSATION INSURANCE FUND U-RTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142,-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-05-2006 CITY OF NEWPORT BEACH DEPT OF PUBLIC WORKS ITS OFFICERS AGENTS AND EMPLOYEES 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3816 GROUP: 000046 POLICY NUMBER: 0015449-2005-2 CERTIFICATE ID: 5 CERTIFICATE EXPIRES: 11-06-2006 11-06-2005/11-06-2006 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 3 DATED 03-23-2006 JOB:BACK BAY SCIENCE CENTER This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORI�ZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-23-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ---ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006-04-05 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH DEPT OF PUBLIC WORKS EMPLOYER GAMUT CONSTRUCTION COMPANY, INC 4590 MISSION BLVD MONTCLAIR CA 91763 (REV.2-05) SD [JLM,CN] PRINTED : 04-05-2006 SD JUN -13-2006 11:45 FROM: TO:819496443318 P.1/1 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: (0 Cl/ Dept./Contact Received From: `.�rt-iX; ek Y Date Completed: 3 �, Sent to: .n B f . Company/Person required o have certificate: �} y f �' GENERAL LIABILITY A. INSURANCE COMPANY: (C h A n ' B. AM REST RATING (A: VII or greater).- C. reater):C. ADMITTED Company (Must be California Admitted).- Is dmitted):Is Company admitted in California? Yes n o D. LIMITS (Must be $1M or greater): What is limit provided? r,? I a ! jy, 6 cc _ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Fn Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? �_,Kes ❑ No H_ CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes M4110 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: MeffCtit B. AM 13EST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ,,ff Yes ❑ No D. LIMITS (Must be $1 M min, BI & PD and $500,000 UM): What is limits provided? .L. A. E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? QY s ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? wor ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. rfr, WORKERS' COMPENSATION A. INSURANCE COMPANY: B_ AM BEST RATING (A: VII or greater): _ C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Is it Included? es ❑ No C ❑ Yes No W .L�a N p �r)-ev �-