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HomeMy WebLinkAboutC-3460(U) - Back Bay Science Center, Bid Package #13 (HVAC)V Recorded in official Records, Orange County RECORDING REQUESTED BY AND Torn Daly, Clerk -Recorder WHEN RECORDED RETURN TO: Il�il111�1111�1111�1l1i IIIIIIIIIIl11111111111111111111111111111111111 NO FEE City Clerk 2007000566011 11:52am 09/17/07 City of Newport Beach 103 254 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" I� NOTICE OF COMPLETION °,- NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Control Air Conditioning Corporation of Anaheim, 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 11, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Hartford Fire Insurance Company. Publi s Director Ciro ewr Beach VERIFICATION I 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 Q(/�71�� City Clerk 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 Control Air Conditioning Corporation of Anaheim, 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 11, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Hartford Fire Insurance Company. U Public�Wp ks Director Citi o�Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �� uAf ��" , at Newport Beach, California. City Clerk cy September 11, 2008 CITY OF NEWPORT BEACH Mr. Kevin Hook Control Air Conditioning Corporation 5200 E. La Palma Avenue Anaheim, CA 92807 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #13 (HVAC) Dear Mr. Hook: On September 11, 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 October 22, 2007. The Surety for the contract is Hartford Fire Insurance Company and the bond number is 72BCSDR3461. Enclosed is the Faithful Performance Bond. Sincerely, 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 MASTER FORMAL CONTRACT CONTRACT NO. 3460 BOND NO. 723MM61 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 7.50 r thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, b adopted, awarded to Control Air Pnnditionina Corporation. hereinafter designated as "Principal", a contract for construatiorBaCk Ba Y motion the City of Newport Beach, in strict conformity with the pians, drawiinnce gs,Ot specifications, a d of In Contract Documents maintained in the Public Works Department of the City of Newport Beach, Cher of which are incorporated herein by this reference. h, all 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 duly authorized to transact business under the CMM of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Beach, in the sum of ($175,000.00) lawful money of the United States of America, said su equal to 100% of the estimated amount of the Contract, to be paid to the Ci of Newport successors, and assigns; for which payment well and truly to be made, we bind m being heirs, executors and administrators, successors, or assigns, jointly Newport Beach, its present. ourselves, our J y and severally, firmly by these 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 tr and perform any or all the work, covenants, conditions, and agreements in the Cop s Documents and any alteration the made as therein provided on its art to my keep Performed at the time and in the manner therein specified, and in all respects according Contract intent and meaning, or fails to indemnify, defend, and save harmless the Ci o be kept and officers, employees and agents, as therein stipulated, to its true in an amount not exceeding the sum specified in this Bond; otherwise obligation Newport Beach, its p then, Surety will faithfully perform the same, null and void. a this obligation shall become E 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 WHERE F this instrument has been duly executed by the above named Principal and Surety, on the • day of April„ , 200 Cw ml Air Cori 3i ti mi o (=n = _ Name of Contractor (Principal) uthorized 8ignature/Title Nh-tfr Firr Tnqtram Name of Surety AlIfthorized Agent Signature " i?ointQ five, S1 d tP 'U i Address of Surety BLea, CA 92821-2333 (714) 674-1223 / (714) 674-1461 Telephone/Fax Andrea Holler zy, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED E: Direct Inquiries/Claims to: POWER OF ATTORNEYTHE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD. CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: n/a (So Cal Bond Dept) X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Glenn Arakaki, R. S. Rehrer, M.L. Jue, Curt McFaul, Timothy S. Dunn, Andrew Holloway of Brea, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 0.y,1Y IPRO", 1 N 0.^iEes y t CWtr WeOq� e�Yr• M : Ga..l r..riipf : � q � � �Jo ` i+�*w o% �� µGWR�Ra •wr ,i`"S i 1987 :,^, • '' 9• i,' A 1979!,'€ 119TQ� a iS 179 ♦ ' `?is k \9��. 4���e` %;YA..o.. ��0. . sy��rt...«•S,••'� t. ♦ '-+� ak�t€9 A „ IMMb rM• e1.N � `'r„ -f-,J (-,(. (�-� Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. S E•A48 Scott E. Paseka Notary Public CERTIFICATE My Conunission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 21, 2006. Signed and sealed at the City of Hartford. Ys�a,� I�y,fi_«TYo. I�tNrr♦i tIIr CPeAiaRD\��. '�:1* - tNt° ,�r8 r°r!+yFrrP ria'i^MA•e1- o9l..Et.'.o.�t.rB.hv5.Fv'..GO .rdY�r,.yri4ep t F: �r0a�' ��rNr►' �_ ':�e,pry .` �•1•r./•91<•1 �7<0W.1•0.',��•1:='�� � 9�1.rI.9.ioYv.1�.a7.t✓�V•Y4'e8qh��•Y���4o o' 1",-4 NatItlM1,M 11 Gary W. Stumper, Assistant Vice President POA 2004 THE HARTFORD STATE OF CALIFORNIA COUNTY OF Orange On April 21, 2006 before me, R.S. Rehrer, Notary Public , personally appeared Andrew Holloway , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CALIFORNIA NOTARY ACKNOWLEDGEMENT FORM Form S-4050-0 Printed in U.S.A. (Seal) OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE Title of Document On APRIL 21, 2006 GREG RUMMLER before me, CYNTHIA A. SOLTIS, NOTARY PUBLIC personally appeared [X] personally known to me - OR - [ ] proved to me an the basis of satisf ^*^^, evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he4he4he5 executed the same in hisd'. eir authorized capacity(ies), and that by his/hem signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument' WITNESS my hand and seal. 6YNTHIA A. SC)i TIS jw 5583€53 l l 7i 4 t i.ARY PUBLIC-CALIFORMA a 11 owle coo.ty — WY i:MO. E'sp:r;s April 1515 2009 ,. �w..a., z , r-. <.-� �.-,.�.�.•.��.�.,-.tea-5 SIGNATURE OF NOTARY October 22, 2007 CITY OF NEWPORT BEACH Mr. Kevin Hook Control Air Conditioning Corporation 5200 E. La Palma Avenue Anaheim, CA 92807 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #13 (HVAC) Dear Mr. Hook: On September 11, 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 September 17, 2007, Reference No. 2007000566011. The Surety for the contract is Hartford Fire Insurance Company, and the bond number is 72BCSDR3461. 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 MASTER FORMAL CONTRACT CONTRACT NO. 3460 0 , � LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Control Air Conditioning Corporation, hereinafter designated as the "Principal;" a contract for constructioBack Bay Science Center Contract No. 3460 in the City of Newport Beach, in strict conformity with the plans, 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 work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Ha tford Fire Inaxame C low= 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 ($175,000.00) 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 to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as 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 21st, day of April —.20 6. r=- Control Air Gm:htim g Corp. Grpg Name of Contractor (Principal) Authorized Signature/Title Hartford Fire hia r_e Canparry Name of Surety Authorized PWnt Signature One Fbmte Drive, State 325 Address of Surety a.ma, Ca 92821_2333 (714) 674-1223 / (714) 674-1481 Telephone/Fax A-& w Holla�y, Attorney In Fart Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED .:l Direct Inquiries/Claims to: THE POWER OF ATTORNEY HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 calla 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: n/a (So Cal Bond Dept) X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Glenn Arakaki, R. S. Rehrer, M.L. Jue, Curt McFaul, Timothy S. Dunn, Andrew Holloway of Brea, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. O�N�1i� :rw..rr..rrn: � LVei �1�g0"7o �� : due ��-�'s._ ?� cuww"►to wtr- .�•'' ai 1867 .n s :� _E 9 } e �� ,fir a !, .��arlur,crla ��bIAN► �s�:ti 1 8 7 9 � F 19 T 9 .a Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD )) David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. a ,6, - a Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of April 21, 2006. Signed and sealed at the City of Hartford. ly 14! o`rp M•1V yl ~� otuicp\4`�' 4�i �i�QL•• I� a1Mr' �gg3'i�sr, �1<9I'�l*�v7'�'�9,`2{�a����'/A M�'A•74 t :0 9 i Gary W. Stumper, Assistant Vice President POA 2004 THE HARTFORD STATE OF CALIFORNIA COUNTY OF Orange On April 21, 2006 before me, R.S. Rehrer, Notary Public , personally appeared Andrew Holloway 'personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CALIFORNIA NOTARY ACKNOWLEDGEMENT FORM Form S-4050-0 Printed in U.S.A. (Seal) t3Ht3� a r x + C NOTARRYy pr'UI. #1361063 BLIC -CALIFORNIA a� ORANGE. � OUNry i•.::, - > MY Comm. Fx . a�oelao-1' X006 �$ OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE Title of Document On APRIL 21, 2006 GREG RUMMLER before me, CYNTHIA A. SOLTIS, NOTARY PUBLIC personally appeared [X] personally known to me - OR - [ ] proved to me on the basis of satisfaetot5, ev4denee to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his hem -authorized capacity(ies), and that by his/hen4heir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument' WITNESS my hand and seal. _ _ 7 53 9 n1OTARY!OUSL'C•CALIFORNIA in ,„ y �My Comm. Expirss Aprii 19. 20109 �w�P4✓':+•�.•jai•`9`t^'�B+s^r�S•z�••az-�"v^d?ti..vl`�?+s z.. �� SIGNATURE OF NOTARY 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 Control Air Conditioning Corporation, 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 #13 — (HVAC) 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 ($175,000.00). 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 Control Air Conditioning Corp. 5200 E La Palma Avenue Anaheim, CA. 92807 Attention: Kevin Hook (714) 777-8600 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 2 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. 3 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. ATTEST: BVI CI Y CLERK APP VIED AS TO FORM: , c, CIT ATTORNEY ;oa ? CITY OF NEWPORT BEACH A Municipal Corpora By: Mayor D CONTRACTOR ^� l� By: (Corporate Officer) Title: '"�► rz Print Name: _Kam J" -j By: L,�2- inancial Officer) Title: CFO Print Name: Greg Rummler JUh:-21-2006 08:50 FROM: FROM:rr-- T0:819496443318 P.1/1 Fax 9: �`( (D — -7 19 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: K> 1q Dept./Contact Received From: V , ( a" N G- D .: Date Completed: Sent to: \'hot,,, ti A,_ By: Q Company/Person required to have certificate: p i'y_N 11 I. GENERAL LIABILITY �f A. INSURANCE COMPANY: ZVIKICAy�r.✓�La /� 1 V1 �J,�y�h CUY►� B. AM BEST RATING (A. VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? tea.,I 17t e E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? [71 Yes ❑ o F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is It Included? es ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? es ❑ 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 o 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: B. AM BEST RATING (A: VII or greater): XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided?,�,'I E_ ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? 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. III, WORKERS' COMPENSATION A. INSURANCE COMPANY: CGI B. AM BEST RATING (A: VII or greater): C. D. LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? LIdX ❑ No ZK�as ❑ No