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HomeMy WebLinkAboutC-3460(V) - Back Bay Science Center, Bid Package #14 (Electrical)Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIII IIIIIIIIIII III IIIIIIIIIIIII[ill111111llll II[ 11111111! 1111 NO FEE 2007000591988 04:17pm 10101107 106 207 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and S. H. Fish Electric Co., Inc., of Inglewood, 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. B ybv(Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. -yy Executed on oQp, 000% , at Newport Beach, California. f O` orf �� t f BY City Clerk Q 4,o�U;,, %V 1A 4 9 RECORDING REQUESTED BY AND ? WHEN RECORDED RETURN TO: CIO U City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIII IIIIIIIIIII III IIIIIIIIIIIII[ill111111llll II[ 11111111! 1111 NO FEE 2007000591988 04:17pm 10101107 106 207 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and S. H. Fish Electric Co., Inc., of Inglewood, 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. B ybv(Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. -yy Executed on oQp, 000% , at Newport Beach, California. f O` orf �� t f BY City Clerk Q 4,o�U;,, %V 1A 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 S. H. Fish Electric Co., Inc., of Inglewood, 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. Irc Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ao o LL at Newport Beach, California. BY City Clerk September 25, 2008 S.H. Fish Electric Co., Inc. 211 W. Beach Ave. Inglewood, CA 90302 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) To Wham 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 PRF882659700. Enclosed is the Faithful Performance Bond. Sincerely, V U/ 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 EXECUTED IN QUINTUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 PREMIUM IS FOR CONTRACT TERM BOND NO. PRF882659700 AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,338 being at the rate of $ 25 and $15 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to S H Fish Electric Co., hereinafter designated as the "Principal", a contract for construction of MASTER FORMAL CONTRACT, Contract No. 3460 in the City of Newport Beach, 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 ($422,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. M 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 Principal and Surety above named, on the 6TH day of MARCH , 2006. S.H. FISH ELECTRIC CO., INC. �C Name of Contractor (Principal) Authorized Signa elfitle FIDELITY AND DEPOSIT COMPANY OF MARYLAND �- Name of Surety Authorized Agent Signature 801 N. BRAND BLVD., PENTHOUSE SUITE GLENDALE, CA 92808 Address of Surety 818-409-2800 Telephone/Fax DWIGHT REILLY, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On MARCH 6th. 2006 before me, ALLISON RITTO, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared DWIGHT REILLY Name(s) of Signer(s) X1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person" whose namefej is/fare subscribed to the within instrument and ALLISON RITTO acknowledged to me that he/ah'e/t4ey executed Commission # 1537464 the same in hisA4erAfte4r authorized eMy Notary Public California capacityf", and that by his/ltetltf�eir Orange County signature(e}on the instrument the erso or i i - Comm. Expires Dec 23, 2008 the entityupon behalf of which the er�) p p n(� acted, executed the instrument. WITNESS oh Candffic' eat. Place Notary Seal Above Signature of Not ry Public ALLISON RITTO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PerformanceBond Document Date: MARCH 6th, 2006 Number of Pages: 2 Signer(s) Other Than Named Above: NONE Capacity(les) Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual • ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General P Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bond Number: PRF882659700 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by Frank E. Martin, Jr., Vice President and Gerald F. Haley, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint DWIGHT REILLY 'its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number PRF882659700 , issued on behalf of S. H. Fish Electric, Inc. as Principal in a penalty not to exceed the sum of Five Hundred Seven Thousand and Zero Cents ($ 507.000 ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD, in their own proper persons. The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI, Section 2, of the By -Laws of 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 6th day of March , A.D. 2006 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�C OE�ps�i By: GI 4 �Hl Gerald F. Haley Assistant Secretary Frank E. Martin, Jr. Vice President State of Maryland1 ss: County of Baltimore J On this 6th day of March , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, 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 fust above written. M i A Stephen G. Moxley Notary Public My Commission Expires: November 1, 2007 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 original Power of Attorney of which the foregoing is a full, true and correct copy, is 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 5th day of May, 1994. 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 6th day of March 2006 nQ OLPOs�, _ O L.L. Goucher Assistant Secretary November 5, 2007 Mr. Robert Falstrom S. H. Fish Electric Co., Inc. 211 W. Beach Avenue Inglewood, CA 90302 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #14 (Electrical) Dear Mr. Falstrom: 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. 2007000591988. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is PRF882659700. Enclosed is the Labor & Materials Payment Bond. Sincerely, Y41i'mr-t- 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 EXECUTED IN QUINTUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 BOND NO. PRF882659700 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to S H Fish Electric Co., hereinafter designated as the "Principal," a contract for Construction of MASTER FORMAL CONTRACT, 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 fall 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, 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 ($422,500.00) 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 tabor, 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. 7 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 6TH day of MARCH 2006. S.H. FISH ELECTRIC CO., INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., PENTHOUSE SUITE GLENDALE, CA 92808 Address of Surety 818-409-2800 Telephone/Fax Authorized Signature/Title Authorized Agent Signature DWIGHT REILLY, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On MARCH 6th. 2006 before me, ALLISON RITTO, NOTARY PUBLIC , Date Name and Title of Otficer (e.g., "Jane Doe, Notary Public") personally appeared DWIGHT REILLY Name(s) of Signer(s) �— ALLISON�RITM�TO' Commission # Y Notary Public - California i' -�, , Orange County Nly Comm. Expires Dt�c 2352008 X] personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persorr* whose name( isfare subscribed to the within instrument and acknowledged to me that he/aheAkey executed the same in hisf4erAf7e+r authorized capacity{ieaj, and that by hisllter/t#eeir signature* on the instrument the perso*), or the entity upon behalf of which the persor4o) acted, executed the instrument: WITNESS my an d official Place Notary Seal Above Signature of Notary P lic ALLISON RITTO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: MARCH 6th, 2006 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ■ ■ ■ ■ ■ Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: DWIGHT REILLY Signer is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND RIGHT THUMBPRINT OF SIGNER •• of thu here Bond Number: PRF882659700 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 ]KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by Frank E. Martin, Jr., Vice President and Gerald F. Haley, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint DWIGHT REILLY its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number PRF882659700 , issued on behalf of S. H. Fish Electric, Inc. , as Principal in a penalty not to exceed the sum of Five Hundred Seven Thousand and Zero Cents ($ 507,000 ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, MD, in their own proper persons. The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI, Section 2, of the By -Laws of 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 6th day of March , A.D. 2006 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND FAQ DEPOs�i By: Gerald F. Haley Assistant Secretary Frank E. Martin, Jr. Vice President State of Maryland SS: County of Baltimore On this 6th day of March , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, 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. M(` �Aav 0, Stephen G. Moxley Notary Public My Commission Expires: November 1, 2007 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 original Power of Attorney of which the foregoing is a full, true and correct copy, is 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 5th day of May, 1994. 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 6th day of March 2006 'np OE�Osi v I V ' r �•� X pi+, 11N tii L.L. Goucher Assistant Secretary CITY CLERK 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 S H Fish Electric CO, 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 #14 — (ELECTRICAL) 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 ($422,500.00). 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 S H Fish Electric Co 211 W Beach Avenue Inglewood, CA. 90302 Attention: Robert Falstrom (310) 674-0224 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. 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 1. 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. 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 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 OF NEWPORT BEACH A Municipal Co By: Mayor APPROVED AS TO FORM: CONTRACTOR A C-- (� (� By: CITY ATTORNEY N. Titl( Print Name: 2-A By: f2S (Financial Office )- Title: *t�Vv R.rn, Print Name: 1Z.3, fiA CL r(1W/-i MAY -04-2006 09:12 FROM: / `� TO:819496443318 P.1/1 Fax #: A� 1 r ty7y — v3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, Date Received: M A ii 3 D t Dept./Contact Received From: V %ia.NH,q V Date Completed: /�/� 3F /lot Sent to �haU n .�' Company/Person requ ed to have certificateBy: �a cilohr.�: CQ - GENERAL LIABILITY A. INSURANCE COMPANY: lkay"pCOr?-h''co h ru rl r,¢. , B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be Califomia Admitted): Is Company admitted in Califomia?8S �I v ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? I E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included. -q �cc es ❑ N F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): �es is it included? G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): ❑ No Is it included? ,fes H. CAUTION! (Confirm that loss or liability of the named insured is not !JQ Y El No limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes �No 1. 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY; Arnc�,•c4h f%fA Cvw� n B, AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E_ Yes / ❑ No 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? R) f A YesO No G. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires notification on of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. 1lI_ WORKERS' COMPENSATION A. INSURANCE COMPANY: USF + C B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? llJ Y ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MEI? IF NO WHICH ITEMS NEED 70 BE COMPLETED? Yes ❑ No