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Home My WebLink AboutC-3460(W) - Back Bay Science Center, Bid package #15 (Steel Lab Casework)Recorded in Offici• "ecords, Orange County l Tom Daly, Clerk -Re order - I'I !1N Ili! I��I Ill 11111 11111 Illi Illll 11111 11 it 11111 111 l Illll it l 1111 NO FEE �- RECORDING REQUESTED BY AND 2007000386663 09:40am 06118107 WHEN RECORDED RETURN TO:. --212n � d bo o700-00 0.00 0 00 0.00 0.00 0.00 City Clerk City of Newport Beach -- 3300 Newport Boulevard Y_ Newport Beach, CA 92663 CIT`r "Exempt from recording fees pursuant to Government Code Section 27383" I 1 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Kewaunee Scientific Corporation of Statesville, North Carolina, 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 June 12. 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on BY v ,fi(� City Clerk aoo 7 at Newport Beach, California. June 12, 2008 CITY OF NEWPORT BEACH Mr. David Rausch Kewaunee Scientific Corporation 2700 West Front Street Statesville, NC 98687 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #15 (Steel Lab Casework) To Whom It May Concern: On June 12, 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 July 23, 2007. The Surety for the contract is Liberty Mutual Insurance Company and the bond number is 018013232. 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. 018013232 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 768.00 being at the rate of $ 10.80 per Thousand thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Kewaunee Scientific Corporation. hereinafter designated as the "Principal", a contract for construction Back Bay Science Centeontract No. 3460 in the City of Newport Beach, in strict con ormi wispecifications, 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 Liberty Mutual Insurance Company , 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 ($71,080.00) 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. 0 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 26th day of May 2006. f Kewaunee Scientific Corporation f,ffi Name of Contractor (Principal) Authorized Signature4itle Liberty Mutual Insurance Company Name of Surety Auth6rizeent Signature 6230 Fairview Rd., Suite 300 Charlotte, NC 28210 Ramona Fewell, Attorney -In -Fact Address of Surety Print Name and Title (704) 367-3472 Telephone/Fax NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 10 STATE OF North Carolina COUNTY OF Iredell I, Deborah L. Henderson , a Notary Public in and for the County and State aforesaid, do certify that Dana L. Dahlgren who signed the writing above, bearing date the -96 day of May 20 _06, for _ Kewaunee Scientific Corporation (Corporation --Principal) has this day acknowledged the said writing to be the act and deed of said corporation. Given under my hand this 26 day of _ May 20 0 \\\\1111111 My commission expird&- COMMISSION EXPIRESMARCH 18, _ 2UU9 Not Public: � y�''• �4 m i .oG O ' QLIC �` •' 0 STATE OF North Carolina COUNTY OF Mecklenburg �ii0Ut4-r( o' 1, Debra S. Ritter , a Notary Public in and for the County and State aforesaid, do certify that Ramona Fewell who signed the writing above, bearing date the 26th day of May , 20 06, as Attorney -in -Fact for Liberty Mutual Insurance Company had this day acknowledged the same (Surety) before me in my said County_ Given under my hand this 26th My commission expires: 10-5-09 day f May , 20 06 Notary Public THIS POWER OF ATTORNEY IS NOT VALIL, UNLESS IT IS PRINTED ON RED BACKGROUND. 1776528 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RAYMOND J. GARRUTO, DEBRA S. RITTER, RAMONA FEWELL, ARTHUR COLLEY, ALL OF THE CITY OF CHARLOTTE, STATE OF NORTH CAROLINA ............... ........ ......... ................... ......... .......: ................,........................................ ................................................... ... ...... ... ........ .......;..................................... each individually if there be more than one named, its true and lawful attorney -in fact to make execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any. and all undertakings, bonds, recognizances and other.surety obligations in the penal sum not exceeding THIRTY-FIVE MILLION AND 00/1:00**** *************** DOLLARS ($ 35,000,000.00***** ( each, and the execution of such undertakings bonds, recognizances and other surety obligations, in pursuance of- these presents; shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary the Company of in their own proper persons. That this power is made and executed pursuant to and by authority of 1he following By-law and Authorization ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to in behalf act of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such a attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the the Company. N seal of When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. GI G .y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Q Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby = authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and r_ _ deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Ta O Q F - That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. >.U) q) LU IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of G Q. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of July 2005 Q M e et LIBERTY MUTUAL INSURANCECOMPANYL a fx By(y�a , /.c/i4 OG. E i . Garnet W. Elliott, Assistant Secretaryy c COMMONWEALTH OF PENNSYLVANIA ss * t p COUNTY OF MONTGOMERY On this 14th day of July 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged 2 d that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :$ 3 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. > 4' IN TESTIMONY WH A unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t 0 first above written. +r N COMMONwEALTROFR NN YLVANIA E 00 L N OF T,�pm PWeta o ary Putgk By c OP ilh Twp., Mutgatnary Cs O* M;rCorrgrds4WF-presMar.28. Ter sa Pastella, Notary Public 0 o CERTIFICATE � ° ,Mem3w. POM%4vanla AuWia lan Of Notart" O CO I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, 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 officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, 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 26th day of May , 2006. By :/ David M. Carey, AssigirTit Secretary July 23, 2007 CITY OF NEWPORT BEACH Mr. David Rausch Kewaunee Scientific Corporation 2700 West Front Street Statesville, NC 28687 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #15 (Steel Lab Casework) Dear Mr. Rausch: On June 12, 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 June 18, 2007, Reference No. 2007000386663. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 018013232. Enclosed is the Labor & Materials Payment Bond. Sincerely, C/ 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 BOND NO. 018013232 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Kewaunee Scientific Corporation, hereinafter designated as the "Principal," a contract for constructionBack Bay Science Center, Contract No. 3460 in the City of Newport Beach, in strict contormity witn the pians, arawmgs, 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, Liberty Mutual Insurance Company 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 ($71,080.00) 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. 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 26th day of May , 2006. Kewaunee Scientific Corporation Name of Contractor (Principal) Authorized Sidnature/Title Liberty Mutual Insurance Company Name of Surety uth riz Agent Signatur 6230 Fairview Rd., Suite 300 Charlotte, NC 28210 Ramona Fewell, Attorney -In -Fact Address of Surety Print Name and Title (704) 367-3472 Telephone/Fax NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 CONTRACT THIS AGREEMENT, entered into this 1s' day of March, 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Kewaunee Scientific 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 #15 — (STEEL LAB CASEWORK 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 ($71,080.00). 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 Kewaunee Scientific Corporation 2700 West Front Street Statesville, NC 28687 Attention: David Rausch (704) 873-7202 Margot De Ramirez (949)499-7334 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. ii. 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. 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 CITY CLERK APPROVED AS TO FORM: C �'- ,C (fc- CIYY'ATTORNEY R CITY OF NEWPORT BEACH A Municipal Corporation By:f Mayor CONT"CTOR B1. �— (Corp `rate Officer) Title: VP, Sales & Marketing Print Name: Dana L. Dahlqren (Financial Officer) Title: Sr. VP Finance/CFO Print Name: D. Michael Parker ACORDr~ DATE(MM DD/Yy) 08/14/06 PRODUCER Aon Risk services inc of the Carolinas THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 1100 Reynolds Boui evard AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Winston-Salem NC 27105 USA CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE PHONE -(866) 283-7124 Fax -(866) 430-1035 INSURED INSURER k* The American Insurance Company Kewaunee scientific Corp. INSURER B: National surety Corporation PO Box 1842 Statesville NC 286871842 USA INSURER C: m w INSURER D: C INSURER E: ' b THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING , ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. llVSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MMWDWY) LIMITS A GENERAL LIABILITY Mxx80857326 04/30/06 04/30/07 EACH OCCURRENCE $1,000,000 � X COMMERCIAL GENERAL LIABILITY 01 FIRE DAMAGE(Any one fire) $1,000,0 CLAIMS MADE ❑X OCCUR O n MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2,000,000 PRO- POLICY � n LOC G JECT P z 4t A AUTOMOBILE LIABILITY MXx80857326 04/30/06 04/30/07 COMBINED SINGLE LIMIT u X ANY AUTO (Ea accident) $1,000,000 'C m ALL OWNED AUTOS V BODILY INJURY SCHEDULED AUTOS ( Per person) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG B EXCESSLIABILFPY xA000 771 4 04/30/06 04/30/07 EACH OCCURRENCE $2,000,000 )( OCCUR ❑ CLAIMS MADE AGGREGATE $2,000,000 DEDUCTIBLE RETENTION B WORKERS COMPENSATION AND w34wP80940910 04/30/06 04/30/07X WC STATU- OTH- EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE -POLICY LIMIT $500,000 E.L. DISEASE -EA EMPLOYEE $5001000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Laboratory Casework: Back Bay science center, Bid Package #15. Ksc Job #30180. city of Newport Beach, its officers, agents, officials, employees and volunteers and construction manager are added as Additional Insureds a_ excluding Workers' Compensation and Employers' Liability as required by written contract (per Blanket Multi Cover Ci tx of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Pub I i c Works Department DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Stephen G. Badum 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3 300 Newport Boulevard BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92663 USA OF ANY KIND UPON THE COMPANY, ITS AGEN S OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE te i<: AW',J's� l �#+' II d��G ,.t via v ua' '�wt�v �:z €s,� �3 `-€ h `t' �$ - %- �aau « ae - a�a ` -rem ��4%two] RO"TIM-90MM& KEWAUNEE SCIENTIFIC CORP POLICY NO. MXX80857326 MultiCover® - CG 71 58 12 03 Policy Amendment(s) Commercial General Liability Coverage Form Your Commercial General Liability Coverage Form is (3) Coverage B does not apply to per - M__ revised as follows: sonal and advertising injury arising f=� out of an offense committed before 1. Broadened Named Insured you acquired or formed the organ - _ nation. A. SECTION 11 - WHO. IS AN INSURED, item 3., is replaced by the following: B. SECTION 11- WHO IS AN INSURED, the BEER last paragraph, is replaced by the following: tem 3. Any organization that you own at the i inception of this policy, or newly acquire No person or organization is an insured with or form during the policy period, and respect to the conduct of any current or past over which you maintain during the pol- partnership, joint venture, or limited liability ® icy period majority ownership or major- company that is not shown as a Named In- ity interest, will qualify as a Named cured in the Declarations. However, this does Insured if: not apply to a limited liability company that meets all of the conditions in Section II - a. There is no other similar insurance Who Is An Insured, item 3., above, available to that organization; and 2 Additional Insured b. The first Named Insured shown in SECTION If - WHO IS AN INSURED, sub - the Declarations has the responsi- section 2-e. is added as follows: bility of placing insurance for that W organization; and e. Any person or organization is included as an additional insured but only to the extent such c. That organization is incorporated or person or organization is held liable for organized under the laws of the bodily injury, property damage or personal and United States of America. advertising Injury caused by your acts or o However omissions. With respect to the insurance af- forded to such insured, all of the following ` (1) Coverage under this provision 3 is additional provisions apply: afforded only until the next occur- (1) You and such person or organization ring annual anniversary of the be- have agreed in a written insured contract ginning of the policy period shown that such person or organization be in the Declarations, or the end of the added as an additional insured under this policy period, whichever is earlier; policy; and (2) The bodily injury, property damage or (2) Coverage A does not apply to bodily personal and advertising injury for which injury or property damage that oc- said person or organization is held liable — curred before you acquired or occurs subsequent to the execution of formed the organization; and such insured contract; This Form trust be attached to Change Endarsement when issued after the policy is written. One of the Fireman's Fund huuranee Companies as named in the policy S etary President C07158 12.03R tndude, copyrighted materia or Insurance services office, Inc. with its permission. Page I of 6 (3) The most we will pay is the lesser of either the Limits of Insurance shown in the Declarations or the limits of insur- ance required by the insured contract; (4) Such person or organization is an insured only with respect to: (a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to, or leased to you, except such person or or- ganization is not an insured with re- spect to structural alterations, new construction or demolition oper- ations performed by or on behalf of such person or organization; (b) Your ongoing operations performed for that insured; (c) Their financial control of you, ex- cept such person or organization is not an insured with respect to struc- tural alterations, new construction or demolition operations performed by or on behalf of such person or organization; (d) The maintenance, operation or use by you of equipment leased to you by such person or organization; (e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit, provided such operations are not performed for such state or pol- itical subdivision, and are not in- cluded within the products -completed operations hazard; (5) This insurance does not apply to bodily injury, property damage, personal and advertising injury, occurrence or offense: (a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work, in- cluding materials, parts or equip- ment furnished in connection with such work to be performed by or on Coll 53 11.098 tnduda copyrighted material of Inn mm Services office, ire. with its permission. behalf of the additional insured at the site of the covered operations, has been completed; (c) Which takes place after that portion of your work out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged in performing operations for a prin- cipal as part of the same project; (d) Which takes place after the expira- tion of any equipment lease to which (4)(d) above applies; (6) With respect to architects, engineers or surveyors, coverage does not apply to bodily injury, property damage or per- sonal and advertising injury arising out of the rendering or failure to render any professional services by or for you, in- cluding: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change order;, or draw- ings and specifications; (b) Supervisory, inspection, architec- tural, or engineering services. However, if an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an insured, then this subsection 2.e. does not apply to such person or organization. 3. Additional Insured - Vendors Unless the products -completed operations hazard is excluded from this policy, SECTION 11 - WHO IS AN INSURED, item 21 is added as follows: f. Any vendor of yours is included as an addi- tional insured, but only with respect to bodily injury or property damage caused by your products which are distributed or sold in the regular course of the vendor's business, sub- ject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: Page 2 of 6 (a) Bodily injury or property damage for p ying or containing such into accompanying g r� which the vendor is obligated to pay products. damages by reason of the assump- tion of liability in a contract or However, if an Additional Insured - Vendors agreement. This exclusion does not endorsement is attached to this policy that t� apply to liability for damages that specifically names a person or organization as the vendor would have in the ab- an insured, then this subsection 21 does not ®a sence of the contract or agreement; apply to that person or organization. (b) Any express warranty unauthorized 4. Waiver of Subrogation by you; SECTION IV - COMMERCIAL GENERAL -"� (c) Any physical or chemical change in LIABILITY CONDITIONS, item g., is replaced the product made intentionally by by the following: the vendor; 8. Transfer of Rights of gh Recovery Against Oth- ers to Us and Blanket Waiver of Subrogation for the purpose of inspection, dem- a. If the insured has rights to recover all or onstration, testing, or the substi- part of any payment we have made under tution of parts under instructions this Coverage Part, those rights are from the manufacturer, and then re- transferred to us. The insured must do packaged in the original container; nothing after the loss to impair those (e) Any failure to make such in- rights. At our request, the insured will spections, adjustments, tests or ser- bring suit or transfer those rights to us vicing as the vendor has agreed to and help us enforce them. amake or normally undertakes to b. If required by a written insured contract make in the usual course of busi- executed prior to the occurrence or of- $ ness, in connection with the distrib- fense, we waive any right of recovery we $ ution or sale of the products; may have against any person or organ - (f) Demonstration, installation, servic- ization named in such insured contract, ing or repair operations, except such because of payments we make for injury or damage arising out of your operations operations performed by the vendor or your -work for that person or organ - in full compliance with the man- ization. iz ufacturer's written instructions at the vendor's premises in connection S. Cancellation - 120 Days • with the We of the product; Common Policy Conditions endorsement IL0017, (g) Products which, after distribution A. Cancellation, item 2.b. is replaced by the fol - or We by you, have been labeled or lowing: er relabeled or used as a container, part _ or ingredient of any other thing or b. 120 days before the effective date of cancella- substance by or for the vendor, or tion if we cancel for any other reason. (h) Bodily injury or property damage 6. Liberalization § arising out of the liability of the SECTION IV - COMMERCIAL GENERAL gvendor for its own acts or omissions LIABILITY CONDITIONS, the following is ad - or those of its employees or anyone ded: o else acting on its behalf. Liberalization W (2) This insurance does not apply to any in- sured person or organization from whom If we adopt a change in our forms or rules which you have acquired such products or any would broaden the coverage provided by any form N u ingredient, part or container, entering that is a part of this policy without an extra CG7I58 I2•03R �_ Includes copyrighted rrutertiat of Insurance Services Office, Inc. with ib permission. Page 3 of 6 premium charge, the broader coverage will apply while rented to you, temporarily occu- to this policy. This extension is effective upon the pied by you with permission of the approval of such broader coverage in your state. owner, or managed by you under a writ- ten agreement with the owner; 7. Fire, Explosion, Sprinkler Leakage, or Lightning Legal Liability Coverage (c) That is insurance purchased by you to cover your liability as a tenant for A. SECTION 1 - COVERAGES COVERAGE property damage to premises rented to A BODILY INJURY AND PROPERTY you, temporarily occupied by you with DAMAGE LIABILITY, 2. Exclusions, the the permission of the owner, or managed last paragraph, is replaced by the following: by you under a written agreement with Exclusions c. through n. do not apply to the owner; or damage by fire, explosion, sprinkler leakage, D. SECTION V - DEFINITIONS, 9. Insured or lightning to premises while: Contract, 'stem a., is replaced by the following: 1. Rented to you; a. A contract for a lease of premises. 2. Temporarily occupied by you with the However, that portion of the contract for permission of the owner; or a lease of premises that indemnifies any person or organization for damage by 3. Managed by you under a written agree- fire, explosion, sprinkler leakage, or ment with the owner. lightning to premises while rented to you, temporarily occupied by you with per - A separate limit of insurance applies to this mission of the owner, or managed by you coverage as described in Section ill - LIMITS under a written agreement with the OF INSURANCE. owner, is not an insured contract; B. SECTION III - LIMITS OF INSURANCE, g. Non -Owned or Chartered Watercraft item 6., is replaced by the following: SECTION I -COVERAGES, COVERAGE A 6. Subject to 5. above, the Damage to BODILY INJURY AND PROPERTY DAM. Premises Rented To You Limit shown AGE LIABILITY, 2. Exclusions, item g. Aircraft, in the Declarations, for property damage Auto Or Watercraft, item (2), is replaced by the to any one premises while rented to you, following: or in the case of damage by fine, explo- sion, sprinkler leakage, or lightning while (2) A watercraft you do not own that is: rented to you, temporarily occupied by (a) Less than 51 feet long; and you with the permission of the owner, or managed by you under a written (b) Not being used for public transportation agreement with the owner, is the greater or as a common carrier; of: 9. Chartered Aircraft a. $1,000,000 Any One Premises; or SECTION I - COVERAGES, COVERAGE A b. The Damage To Premises Rented BODILY INJURY AND PROPERTY DAM - To You Limit shown in the Decla- AGE LIABILITY, 2. Exclusions, g. Aircraft, rations. Auto Or Watercraft, item (6), is added as follows: C. SECTION IV - COMMERCIAL GEN- (6) An aircraft in which you have no ownership ERAL LIABILITY CONDITIONS, 4. interest and that you have chartered with Other Insurance, b. Excess Insurance, (1), Irv, items (b) and (c), are replaced by the follow- ing: 10. Coverage Territory - Broadened (b) That is Fire, Explosion, Sprinkler Leak- SECTION V - DEFINITIONS, item Ca., is re - age, or Lightning insurance for premises placed by the following: CG71 SE 12.038 Includes copyrighted matcrial of Imuran« services office, Inc. with its pamisaon. Page 4 of 6 a. The United States of America (including its territories and possessions), Puerto Rico, >! Canada, Bermuda, the Bahamas, The Cayman Islands, and the British Virgin Islands; 11. Personal and Advertising Injury - Contractual Unless personal and advertising injury is excluded from this policy the following applies: SECTION I - COVERAGES, COVERAGE B, 2. Exclusions, item e., is deleted. i 12. Fellow Employee Coverage SECTION 11 - WHO IS AN INSURED, 2.a., :✓ item (1) is replaced by the following: (1) Personal and advertising injury: However, subsections (a), (b), (c) and (d) of item (1) remain unchanged. 13. Bodily Injury Definition - Broadened SECTION V - DEFINITIONS, 3. Bodily injury is replaced by the following: Bodily injury means bodily injury, sickness, or di- sease sustained by a person including death or mental anguish resulting from any of these at any o time. Mental anguish means any type of mental or emotional illness or disease. 14. Unintentional Failure to Disclose Hazards SECTION 1V - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representa- tions, the following is added: d. If you unintentionally fail to disclose any ha- zards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. N However, this provision does not affect our Z right to collect additional premium or exercise our right of cancellation or non -renewal. s 15. Supplementary Payments - Increased Limits e W SECTION I - COVERAGES, SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND o B, items l.b. and I.d., are replaced by the follow- ing: w g b. The cost of bail bonds required because of N accidents or traffic law violations arising out of the use of any vehicle to which the Bodily C07158 1 Y•D3R Indudes topyriphted ma"al of Insurance Services Of11et, Inc. with its permission. Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the inves- tigation or defense of the claim or suit, including substantiated loss of earnings' up to $500 a day because of time off from work. 16. Duties in the Event of an Occurrence, Offense, Claim, or Suit - Amended SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, items 2.a. and 2.b., are replaced with the following: a. You must see to it that we or any licensed agent of ours are notified of a General liability occurrence or offense which may re- sult in a claim as soon as practicable after it becomes known to: (1) You, if you are an individual; (2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited labil- ity company; (4) Your executive officer if you are an or- ganization other than a partnership, joint venture or limited liability company; or (5) Your authorized representative or insur- ance manager. Knowledge of an occurrence or offense by persons other than those listed above does not imply that those listed above also have such knowledge. b. To the extent possible, notice should include: (1) How, when, and where the occurrence . or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence or offense. 17. Non Employment Discrimination Liability Unless personal and advertising injury is excluded from this policy the following applies: Page 5 of 6 A. SECTION V - DEFINITIONS, 14. Personal and advertising injury, item h. is added as fol- lows: h. Discrimination. B. SECTION V - DEFINITIONS, item 23. is added as follows: 23. Discrimination means the unlawful treat- ment of a person or class of persons be- cause of their specific race, color, religion, gender, age, or national origin in com- parison to one or more persons who are not members of the specified class. C. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions, the following are added: p. Disaimination directly or indirectly re- lated to the past employment, employ- ment or prospective employment of any person or class of persons by any insured; q. Discrimination directly or indirectly re- lated to the sale, rental, lease or sublease or prospective sale, rental, lease or sub- lease of any dwelling, permanent lodging, or premises by or at the direction of any insured; r. Discrimination, if insurance thereof is prohibited by law; or CG7151 12-03R Includes copyrighted material of [nutans ScMtes Offi", be. with its permission. s. Fines, penalties, specific performance, or injunctions levied or imposed by a gov- ernmental entity, governmental code, law, or statute because of discrimination. 18. Medical Payments Unless COVERAGE C MEDICAL PAY- MENTS, or the products -completed operations hazard has been excluded from this policy the fol- lowing applies: A. SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, item f., is replaced by the following: f. Products -Completed Operations Hazard Included within the products -completed operations hazard. However, this exclu- sion does not apply to expenses for den- tal services. B. Section I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, is amended to in- clude item 3. as follows: 3. Limit of Insurance The Medical Expense Limit of Insurance shall be the greater of- a. f a. $10,000 Any One Person; or b. The amount shown in the Declara- tions. Page 6 of 6 KEWAUNEE SCIENTIFIC CORP POLICY N0. MXX80857326 FleetCover® Endorsement CA 70 18 10 01 Policy Amendment(s) Commercial Business Auto Coverage Form - Truckers Coverage Form A. Broadened Named Insured as an insured under any other automobile li- ability insurance policy whose limits of insur- SECTION II -LIABILITY COVERAGE, A. ante have been exhausted or whose insurer Coverage, 1. Who Is An Insured, the following is has become insolvent. added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority in- terest will qualify as a Named Insured if: (1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Dec- larations of this policy has the responsibility of placing insurance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of Amer- ica. However: (a) Coverage under this provision is afforded only until the next occurring 12 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and B. Broadened Who Is an Insured (b) Coverage under this provision does not apply to bodily injury or property damage that re- C sults from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A.(I), (2) and (3) above does not apply to any organization that is covered 1. Form CA0001 (if attached to this policy), SECTION II - LIABILITY COVERAGE, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows: d. Your employee while using his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto. 2. Form CA0012 (if attached to this policy), SECTION II - LIABILTI'Y COVERAGE, 1. Who Is An Insured, item b.(2) is deleted, and f. is added as follows: Your employee or agent while using his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto. Additional Insured Coverage and Waiver of Subrogation Form CA0001 (if attached to this policy), SECTION It - LIABILITY COVERAGE, I. Who Is An Insured, the following is added as item e.; and form CA0012 (if attached to this policy), SECTION 11 - LIABILITY COVERAGE, 1. Who Is An Insured; the following is added as item g.: This Form must be attached to Change Endorsement when issued after the policy is written. One of the Firernan's Fund tnsurana Companies as named in the policy se rotary President CA7012 10-OIT Page 1 of 6 s= Any person or organization with respect to t the operation, maintenance, or use, of a cov- ered auto, provided that you and such person or organization have agreed under an ex- pressed provision in a written insured contract or written agreement, or a written permit is- sued to you by a governmental oi public au - 9== thority, to add such person, organization, or governmental orpublic authority to this pol- icy as an insured. However, such person or organization is an insured: (1) Only with respect to the operation, r� maintenance, or use, of a covered auto; and (2) Only for bodily injury or property dam- age caused by an acddent which takes place after: (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you. 0 2. Form CA0001 (if attached to this policy), SECTION IV - BUSINESS AUTO CON- DITIONS, A. Loss Conditions, item 5.; and o form CA0012 (if attached to this policy), 8 SECTION V - TRUCKERS CONDI- TIONS, A. Loss Conditions, item S.; the fol- lowing is added: Waiver or Subrogation If required by a: a. Written insured contract or written agreement executed prior to the accident; or N b. Written permit issued to you by a gov- ernmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage ° arising out of a covered auto. W D. Auto Medical Payments - Increased Limit g N For each covered auto described in the Declara- U tions or shown in the Schedule as having Auto 11 CA701810.0{T Medical Payments Coverage, the Medical Pay- ments Limit of Insurance for those autos is revised to the greater of: 1. 55,000; or 2. The limit shown in the Declarations E. Hired Auto Physical Damage Coverage If PHYSICAL DAMAGE COVERAGE is pro- vided by this policy on your owned covered autos, the following applies: Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for PHYSICAL DAMAGE COVERAGE. However any such auto: 1. Will be covered only for the same PHYS- ICAL DAMAGE COVERAGE that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and 3. The most we will pay for any one loss in any one accident is the lesser of the following: a. Actual Cash Value of the damaged or stolen property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500. However: 1. If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent . or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability com- pany) or members of their households; and 2. If form CA0012 is attached to this policy, this coverage does not apply to any private Page 2 of 6 passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households. F. Communication Equipment Coverage Form CA0001 (if attached to this policy), SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, item 4., the following is added: Exclusions 4.c. and 4.d. do not apply to elec- tronic equipment that is permanently installed in the covered auto at the time of the loss or such equipment which is removable from a housing unit which is permanently installed in the covered auto at the time of the loss, and such equipment is designed to be solely oper- ated by use of power from the auto's electrical system in or upon the covered auto. This coverage also applies to antennas and other accessories necessary for the use of the elec- tronic equipment. However, the most we will pay for loss is $1,500 and no deductible ap- plies to this coverage. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Item 2., the following is added: Exclusions 4.e, and 41 do not apply to elec- tronic equipment that is permanently installed in the covered auto at the time of the toss or such equipment which is removable from a housing unit which is permanently installed in the covered auto at the time of the loss, and such equipment is designed to be solely oper- ated by use of power from the autos electrical system in or upon the covered auto. This coverage also applies to antennas and other accessories necessary for the use of the elec- tronic equipment. However, the most we will pay for loss is $1,500 and no deductible ap- plies to this coverage. G. Tapes and Compact Discs Coverage A. Under Comprehensive Coverage, we will pay for loss to tapes, records, discs or other similar devices used with audio, visual or data elec- tronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: Are your property, or that of a family member; and 2. Are in a covered auto at the time of a loss. B. The most we will pay for loss is $250. C. PHYSICAL DAMAGE COVERAGE pro- visions apply to this coverage, except that no deductible applies. H. Airbag Coverage Form CA0001 (if attached to this policy), SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., the fol- lowing is added: However, "mechanical breakdown' does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., the fol- lowing is added: However, 'mechanical breakdown' does not mean the unintended discharge of an airbag, provided that any loss covered under this provision is excess over any other collectable insurance or warranty designed to cover such unintended discharge. I. Rental Reimbursement Form CA0001 (if attached to this policy), SEC- TION 111 - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions; and form CA0012 (if attached to this policy), SEC- TION IV - PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions; item c. is added as follows: c. Rental Reimbursement or Transportation Expenses If loss occurs to a covered auto described or designated in the Declarations or Schedule and covered for PHYSICAL DAMAGE CA7018 MIT Page 3 of 6 COVERAGE, we will pay for rental expenses for the rental of a similar replacement auto and additional transportation expenses, in- curred by you. This payment applies in ad- dition to the otherwise applicable amount of each coverage you have on the covered auto. No deductible applies to this coverage. However: i= (1) We will pay only for those expenses in- curred by you that begin 24 hours after the covered loss. (2) We will cease paying for those expenses, regardless of the policy's expiration date, at the earlier of the following dates: (a) The number of days reasonably re- quired to repair or replace the cov- ered auto. If loss is caused by theft, this number of days is added to the number of days it takes to locate and return the covered auto to you; or 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However, a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. If the covered auto is not of the pri- vate passenger type our obligation to pay will be reduced by a $250 deductible per disablement. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing - Pri- vate Passenger Autos, is replaced by the fol- lowing- 2. ol- lowing 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However. a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. if the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. K. Cancellation - 120 Days Notice If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing ad- dress known to us, written notice of cancellation at least 120 days prior to the effective date of can- cellation. L. Supplementary Payments - increased Limits SECTION II - LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are replaced by the following: Page 4 of 6 (b) 45 days from the date this coverage begins. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses in - 4 curred by you; or (b) $1,500. (4) This coverage does not apply while there are spare or reserve autos available to you for your operations. (5) If loss results from the total theft of a covered private passenger type auto (if CA0012 is attached to this policy), or a covered private passenger auto (if CA0001 is attached to this policy), we — will pay under this coverage only that amount of your covered rental expenses or additional transportation expenses which are not already provided for under 0 the PHYSICAL DAMAGE COVER- tV AGE Extensions. n a J. Extended Towing Coverage ei h W 1. Form CA0001 (if attached to this policy), SECTION III - PHYSICAL DAMAGE N COVERAGE, A. Coverage, 2. Towing, is re- placed by the following: CA 7018 10-01T 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However, a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. If the covered auto is not of the pri- vate passenger type our obligation to pay will be reduced by a $250 deductible per disablement. 2. Form CA0012 (if attached to this policy), SECTION IV - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing - Pri- vate Passenger Autos, is replaced by the fol- lowing- 2. ol- lowing 2. Extended Towing We will pay up to $750 per disablement for towing and labor costs you incur each time your covered auto is disabled. However. a. All labor must be performed at the place of disablement; and b. If the covered auto is of the private passenger type no deductible applies; and c. if the covered auto is not of the private passenger type our obligation to pay will be reduced by a $250 deductible per disablement. K. Cancellation - 120 Days Notice If we cancel this policy for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured at the last mailing ad- dress known to us, written notice of cancellation at least 120 days prior to the effective date of can- cellation. L. Supplementary Payments - increased Limits SECTION II - LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, items (2) and (4) are replaced by the following: Page 4 of 6 (2) Up to $2,500 for the cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an accident we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including substantiated loss of earnings up to $500 a day, because of time off from work. M. Duties in the Event of Accident, Claim, Suit or Loss - Amended Form CA0001 (if attached to this policy) SEC- TION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, item 2. a.; and form CA0012 (if attached to this policy) SECTION V - TRUCKERS CONDITIONS, A. Loss Condi- tions, item 2. a.; is replaced by the following: a. In the event of accident, claim, suit or loss, you must promptly notify us or our authorized representative when it becomes known to: (1) You, if you are an individual; (2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited liabil- ity company; (4) Your executive officer if you are an or- ganization other than a partnership, joint venture or limited liability company; or (5) Your authorized representative or insur- ance manager. Knowledge of an accident, claim, suit or loss by other persons does not imply that the persons fisted above have such knowledge. Notice should include: (1) How, when and where the accident or loss occurred; and (2) The insured's name and address; and (3) To the extent possible, the names and address of any injured persons and witnesses. N. Unintentional Failure to Disclose Hazards Form CA0001 (if attached to this policy), SEC- TION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, item 2.; and form CA0012 (if attached to this policy), SECTION V - TRUCKERS CONDITIONS, B. General Condi- tions, item 2.; the following is added: However, if you unintentionally fail to disclose any hazards existing at the inception date of this policy, we will not deny coverage under this Coverage Form because of such failure. Ilowever, this pro- vision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. O. Fellow Employee Coverage Section II - Liability Coverage, B. Exclusions, S. Fellow Employee, the following is added: However, this exclusion does not apply if the bodily injury results from the use of a covered auto you own or hire, and provided that any coverage under this provision only applies in ex- cess over any other collectable insurance. P. Limited Mexico Coverage WARNING AUTO ACCIDENTS IN MEXICO ARE SUB- JECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEX- ICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE' COVERAGE PRO- VIDED HERE MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLE- MENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PUR- CHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COM- PANY BEFORE DRIVING IN MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR ' LOSSES WHICH OC- CUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. Form CA0001 (if attached to this policy), SEC- TION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, item 7.; and form CA0012 (if attached to this policy), SECTION V - TRUCKERS CONDITIONS, B. General Condi- tions, item 7.; the following is added: CA7018 iaOIT Page 5 of 6 The coverage territory is extended to include S. Customer Lease or Loan Physical Damage Cover - Mexico, but only: age Extension a. For accidents or losses occurring within 25 Force CA0001 (if attached to this policy), SEC - miles of the United States border; and TION III - PHYSICAL DAMAGE COVER- AGE, C. Limit Of Insurance; and form CA0012 i� b. For trips into Mexico of 10 days or less; and (if attached to this policy), SECTION IV - PHY- C. If the covered auto is principally garaged and SICAL DAMAGE COVERAGE, C, Limits Of principally used in the United States; and Insurance; item 4. is added as follows: d. If the insured is a resident of the United 4. If your covered owned auto is: am= States. (1) Shown in the Schedule and designated If a loss to a covered auto occurs in Mexico, we as covered for Physical Damage Cover- pay for such loss in the United States. If the cov- ered auto must be repaired in Mexico in order to (2) Shown in this policy as having a loss be driven, we will not pay for more than the actual payee or additional -insured -lessor; and E= cash value of such lass as determined by us at the nearest United States point where the repairs can (3) Incurs a covered total loss; be made. we will pay the greater of: Any insurance provided under this provision will be excess over any other collectible insurance. (a) The actual cash value, as determined by us, of the damaged or stolen property as Q. Extended Glass Coverage of the time of the total loss; or Form CA0001 (if attached to this policy), SEC- III DAMAGE (b) The outstanding indebtedness under the TION - PHYSICAL COVER- initial finance agreement for the covered AGE, A. Coverage, item 3.a.; and form CA0012 auto and its equipment. (if attached to this policy), SECTION IV - PHY- SICAL DAMAGE COVERAGE, A. Coverage, As used here, outstanding indebtedness means item 3.a.; is replaced by the following: the amount you owe on the finance agree. meet at the time of total toss: a. Glass breakage. If glass must be replaced, the deductible will be $ 100 or the deductible (i) Liss any amounts representing taxes, shown in the Declarations, whichever is less. overdue payments, penalties, interest, or If glass can be repaired and is actually repaired charges resulting from overdue payments, rather than replaced, the deductible will be additional mileage, excess wear and tear, waived. You have the option of having the or lease termination fees; and glass repaired rather than replaced. (ii) Less any administrative costs or overhead R. Broadened Del-arition of Bodily Injury fees assessed by the finance company Form CA0001 (if attached to this policy), SEC- who has leased the covered solo to you; TION V - DEFINITIONS, item C.; and Form and z CA0012 (if attached to this policy), SECTION VI (iii) Less security deposits not returned by the - DEFINITIONS, item C.; is replaced by the fol- lessor; and lowing: (iv) Less costs for extended warranties, Credit WC. m Bodily Injury means bodily injury, y I ry y ' jury, sickness Life Insurance, Health, Accident or Dis- a or disease sustained by a person including ability insurance purchased with the loan n death or menial anguish resulting from any or lease; and zi of these at any time. Mental anguish means any type of mental or emotional illness or di- (v) Less carry-over balances from previous sease. loans or leases. Q N U CA7019 ia01T Page 6 of 6 gn Z Z Additional Insured - Owners, Lessees or Contractors - Completed Operations - CG 20 37 07 04 Policy Amendments) Commercial General Liability Insured: KEWAUNEE SCIENTIFIC CORPORATION Policy Number: S 34 MXX 80857326 Producer: AON RISK SVCS Or THE CAROLINAS Effective Date: 04-30-06 This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Or Organization(s) City of Newport Beach, its Officers agents, offic.ials,employees.and volunteers Public Works Department P 0 Box 1768 Newport Beach, CA 92658-8915 Location And Description Of Completed Operations Laboratory Casework: Back Bay Science Center, Bid Package #15, Contract #3460 (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement per- formed for that additional insured and included in the products -completed operations hazard. This Form must be attached to Change Fndorsement when issued after the. policy is written. One of the Fireman's Fund Insurance Companies as named in the policy S etuy CG2037 7-04 �_ Copyright, ISO Propcites, Inc., 2004 President Attachment to ACORD Certificate for Kewaunee scientific Corp. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURER INSURER INSURER INSURER it information. refer to the corresnondine Dolicv on the ACORD INSURED Kewaunee scientific Corp. PO Box 1842 Statesville NC 286871842 USA ADDITIONAL POLICIES If a policy below does not include lim certificate form for policy limits. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL. PROVISIONS Form #CG 71 58 12 03 and CG 20 37 07 04 attached) but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions. The General Liability and Auto Liability policies certified hereon are primary to other insurance available to the certificate holder, but only to the extent required by written contract with the Insured, and always subject to the policy terms, conditions and exclusions (this is not provided by a separate endorsement, but is part of the coverage forms CA0001 for auto and CG 00 01 for GL. waiver of subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions (see attached forms). Cancellation Provision shown herein is sub7'ect to shorter or longer time periods depending on the jurisdiction of, and reason for, the cancellation. Certificate No : 570019067651 SEP -06-2006 12:50 FROM: TO:819496443318 P.1/1 p fd -0' 9VIb +33l� CERTIFICATE OF INSURANCE CHECKLIST CITY OF NNEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIItEMENTS AS OUTLINED ABY THE CITY OF BEAC.K DATE RECEIVED: -1-U(0 DEPARTMENT/CONTACT RECEIVED FROM: ACL 'r .q DATE COMPLETED:-�''U SENTTO: sect BY; COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE; Tle T .I_ GENERAL LIABILITY: t A. INSURANCE COMPANY: lVs vvteV c 4VLs — - CO e:� AM BEST RATING (A VII or greater): A x z C. ADMITTED COMPANY: ( Must be California Admitted) Is company dmitted in California? Yes NO D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? T t o 00,0& v E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No F_ ADDITIONAL INSURDED WORDIN TO INCLUDE: (The City its officers, agents, officials, employeEs and volunteers). Is it included? Yes ,G G_ PRfMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes_jNo ►/_ _ _ / 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 No I_ NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of =ceilatyon. by ccrtificd snail; per lAuren Farley the Citywill accept the endeavor wording, II. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY; `�-,��-,ii C 4�.� �� Y� S B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( MUST BE CALIFORNIA AD.MYM-ED) is cotnpany admitted? Yes_ No D. LRv11'fS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits provided? 1 tj E. F. G ADDITIONAL INSURED WORDIN TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes V No 0 % (y PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). 'Is it included? Yes I No 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. I III. WORKERS COMPENSATION.- A- OMPENSATION:A_ INSURANCE COMPANY: C� o,h m B. AM BEST RATING (A VII or greater) C_ LIMITS; Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No� IF NO, VVI-IICH ITEMS NEED TO BE COMPLETED? C.s P rt t-►-�,. r10�-� Gam d ✓t-�iT�,n1 .,n 5 5 S i ri c.