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.
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1979!,'€ 119TQ� a iS 179
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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
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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