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HomeMy WebLinkAboutC-3460(O) - Back Bay Science Center, Bide Package #6 (Casework)Fft�c�rded in Official Records, Orange County k l LT rfii Daly, Clerk -Recorder RECORDING REQUESTED BY AND III�III�� �III� IIIII�II��II �l��I liIIIIIIIIIIII��II I �������� NO FEE WHEN RECORDED RETURN TQ ; 26 All A0700038666109:40am 06118107 203 195 N12 1 0.00 0.00 0.00 o.00 0.00 0.00 0.00 0.00 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 Dow Diversified, Inc. of Costa Mesa, California, as Contractor, entered into a Contract on August 24, 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 Fidelity and Deposit Company of Maryland. 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 / 3 a oc �7 , at Newport Beach, California. BY 7 City Clerk June 12, 2008 Mr. Dean L. Dow Dow Diversified Inc. 1679 Placentia Avenue Costa Mesa, CA 92627 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #6 (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 Fidelity and Deposit Company of Maryland and the bond number is 08814099. Enclosed is the Faithful Performance Bond. Sincerely, 70 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 Oct -18-06 08:51 am From—DOW DIVERSFIED INC. 949 650 9001 T-553 P-010/011 F-551 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 BOND NO. 08814099 EXECUTED IN SIX COUNTERPARTS FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 704.00 , being at the rate of $ 9.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Dow Diversified Inc., hereinafter designated as the "Principal, a contract for construction of BACK BAY SCIENCE CENTER, Contract No. 3460 in the City of Newport Beach, in strict conformity with the plans, Arawings, 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 Califomia as Surety (hereinafter "Surety), are held and firmly bound unto the City of Newport Beach, in the sum of ($78,276.00) 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, fall 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. 4 Oct -18-06 08:51am From -DOW DIVERSFIED INC. 949 650 9001 T-553 P.011/011 F-551 As a part of the obligation secured hereby, and in addition to the face amount specff led in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys tees, 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 een duly executed by the Principal and Surety above named, on the 20t day of OCTOBER 2006. DOW DIVERSIFIED,INC. bh E, Name of Contractor (Principal) Authorized Signature/Tftle FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD. GLENDALE,CA 91203 Address of Surety (818)409-2800 (818)409-2820 FAX Telephone/Fax Authorized Agen i ture / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 10 State of California I ss. County of ORANGE On OCTOBER 24,x, before me, CAROL HIGH, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared DEAN L. DOW Namej0'pf Signer( ' Fmo-'_U ifomla NENOL 29.201ounty Place Notary Seal Above LTJ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(M whose name(K) is/ :subscribed to the within instrument and acknowledged to me that hem executed the same in his/XKr.(= authorized capacity()= and that by hist signature(k) on the instrument the person(C), or the entity upon behalf of which the person(§0 acted, executed the instrument. WIT E S my a d d of#ic'al seal. Signature VNotary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited O Gene ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Co rvator ❑ Other: Signer Is Representing: © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatswortt Number -of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CA 91313.2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • 00 July 23, 2007 Mr. Dean L. Dow Dow Diversified Inc. 1679 Placentia Avenue Costa Mesa, CA 92627 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #6 (Casework) Dear Mr. Dow: 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. 2007000386661. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08814099. Enclosed is the Labor & Materials Payment Bond. Sincerely, ffAVb � � - �)' C Ck ss ✓ LaVoi Ha e i�k, MMC- City MSCity Clerk cc: Public Works Department encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658-8915 Oct- -06 08:51 am From -DOW DIVERSFIED INC. 949 650 9001 T-553 P.008/011 F-551 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 Premium for th bzid Included in charge for Kirformance Bond. BOND NO. 08814099 EXECUTED IN SIX COUNTERPARTS LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State. of California, by motion adopted, has awarded to Dow Diversified Inc., hereinafter designated as the "Principal," a contract for construction of BACK BAY SCIENCE CENTER, Contract No. 3460 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3460 and the terms thereof require the famishing 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of ($78,276.00) 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 attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. 7 Oct -H-06 06:51 am From -DOW DIVERSFIED INC. 949 650 9001 T-553 P.009/011 F-551 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 b n duly executed by the above named Principal and Surety, on the 20th day of OCTOBER 2006. DOW DIVERSIFIED,INC. j yl i Name of Contractor (Principal) Authorized Signature/Fifle FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD. GLENDALE, CA 91203 Address of Surety (818)409-2800 (818)409-2820 FAX Telephone/Fax Authorized Agen ig ature T� I TAFT /iTTT LL ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURE'T'Y MUST SE ATTACHED M State of California ss. County of ORANGE On OCTOBER 2L,, 2��h before me, CAROL HIGH, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared DEAN L. DOW NamejQ of Signer( CAROL HIGH Commission #t 1679336 Notary Public - Cabfornla Orange County amy Comm. Expires Jul 29, 2010 M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(M whose name(j) is/ .subscribed to the within instrument and acknowledged to me that hem executed the same in his/HXX authorized capacity(M and that by hist signature(X) on the instrument the person(C), or the entity upon behalf of which the person(§0 acted, executed the instrument. WITNE�S y ha an fficigl deal. Place Notary Seal Above - Signature of No Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Z ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ED neral ❑ Attorney in Fact Top of thumb here ❑ Trustee El Guardian or C servator ❑ Other: Signer Is Representing: 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortt Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - of thumb here ❑ Trustee Top ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES. Assistant Secretary. in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date ljevcby nominate, constitute and appoint Michael A. QUIGLEY, of Laguna Beach, California, its,l(r, gwkLLt i ni auci; orney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and a4 -•it aslif`a:' any -at15i�I`gitbL�`a d undertakings, and the execution o1'such bonds or undertakings in purs4atote�st~eiit�tshflTs�'dr1�* upon said Company, as fully and amply, to all intents and purposes, as jtyhtJy''duly exec" Itppelents'wledged by the regularly elected officers of the Company at its office in Ihjiit`>; in`iheix ! {iii p�i'sdns. This power of attorney revokes that issued on behalf of Michael Ar..Q 11Y, tlnfd Juste, The said Assistant '�kclet'ar)•.dt (QtO5 rtkf That the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- a $e_i� a# �Cti+ luny, and is now in force. IN WITNESS WhFLREOF, 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 17th day of March, A.D. 2005. ATTEST: �p DUO,i r � ti +fit of C p P . tm ? T q`wnn�V`o State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary William J. Mills Vice President On this 17th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012-0626 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On October 0, 2006 , before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Title of Officer (e.g., `Jane Doe, Notary Public") personally appeared MICHAEL A. QUIGLEY Name(s) of Signer(s) Pq personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name() is/RRx subscribed to the within instrument and acknowledged to me that he/n executed the same in hisAxxXM authorized capacity(i), and that by his/jbft signature(N) on the instrument the person(), or the entity upon behalf of which the person(&) acted, executed tOer mstr4_A t. officia Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to 1 and could prevent fraudulent removal and reattachment of this form Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9360 De Sato Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6627 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 CONTRACT ,SEP 0 Y 2006 DOW DIVERSIFIED, INC, THIS AGREEMENT, entered into this 24th day of August, 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Dow Diversified Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MASTER FORMAL CONTRACT BACK BAY SCIENCE CENTER, BID PACKAGE #_6 - 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 ($78,276.00). 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 Dow Diversified Inc. 1679 Placentia Avenue Costa Mesa, CA. 92627 Attention: Dean L. Dow (949) 650-9000 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 projpct/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers and Construction Manager are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers and Construction Manager. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers and Construction Manager. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers and Construction Manager shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers and Construction Manager. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers and Construction Manager for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God 4 Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non -Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. U I Y ULCMK APPR VED AS TO FORM: CI A ORNEY N CITY OF NEWPORT BEACH WMVIu 'al Cor ration Mayor CONTRACT pc�z'/ D r &1tr4<r1Fa'CP� By: (Corporate Officer) Title: %7YeslOe-nf Print Name: C. - Doti By: (Financial Officer) Title: E� Print Name: L D CERTIFICATE OF LIABILITY INSURAWE DATE (MM/DD/YYYY) 10/31/2006 PRODUCER (949)7S6 -S730 FAX (94,./S6 -S740 THIS CERTIFICATE IS ,_ _UED AS A MATTER OF INFORMATION Spectrum Risk Mgmt . & Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA Lic. #OC77485 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 74 Discovery Irvine, CA 92618 INSURERS AFFORDING COVERAGE NAIC # INSURED Dow Diversified, Inc. & INSURER A: Mt. Hawley Ins. Co. 37974 DBA: Institutional Casework Installations, Inc. INSURERS: American States Ins. Co. 1679 Placentia Avenue INSURERC: National Union Fire Ins. Co. Costa Mesa, CA 92627 INSURER D: INSURER E: cnv=0 A n__t=e THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MGLO148902 11/01/2006 11/01/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ Excluded A X Contractual PERSONAL & ADV INJURY $ 1,000,000 Liability GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY rX PROJECT LOC AUTOMOBILE LIABILITY 01 -CG -254864-50 11/01/2006 11/01/2007 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1,000,000 BODILY INJURY ALL OWNED AUTOS B SCHEDULED AUTOS (Per person) $ BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY BE0918633 11/01/2006 11/01/2007 EACH OCCURRENCE $ 4,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 4,000,000 C $ $ DEDUCTIBLE X RETENTION $ 10, 00 $ WORKERS COMPENSATION AND WC STATU- OTH- TORY LIMITS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Back Bay Science Center. Newport Beach, CA 92663 ity of Newport Beach, Douglas E. Barnhart, Inc. are additional insureds with respect to the GL per the attached form. Waiver of suborgation applies to the GL per the attached form. lRe: Notice below: 10 days notice for non-payment of premium and/or non -reporting of payroll City of Newport Beach Public Works Department Attn: Jay Smith Public Works Specialist 6200 Shellmaker Rd. Newport Beach, CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _^ Jim Waterhouse/GINNIE J( ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Policy No. MGLO148902 Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM Q This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 0411 oIIZi111 �I Name of Person or Organization: All person or organizations where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non- contributory. Section'IV., Condition 4., of this policy is amended accordingly. All other Terms and Conditions of this Policy remain unchanged. CGL 216 (04/98) Page 1 of 1 1 ` C, 6 4 A� 3'-S" L- IQ Policy No.: MGLO148902 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 C(.HJA)Le- Y. S '^ Mk "'Q. Policy No. 01 -CG -254864-50 Named Insured: Dow Diversified, Inc. COMMERCIAL AUTO CA 71 10 09 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright, Insurance Services Office, Inc., 1997 Safeco and the Safeco logo are registered trademarks of Safeco Corporation CA 71 10 09 05 Page 1 of 5 EP (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. FELLOW EMPLOYEE COVERAGE — EXECUTIVE OFFICERS Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: This exclusion does not apply to liability incurred by your employees that are executive officers. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: S. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan". (6) The dollar amount of any un -repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, Page 2 of 5 SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type, subject to the following limit. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, de- ductible and excess provisions, we will provide cov- erage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger or light truck type. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE AA.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. This coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto." Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. D. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. E. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. F. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. G. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on CA 71 10 09 05 Page 3 of 5 EP Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment 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 operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equip- ment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. C. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss." 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible Page 4 of 5 If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there Is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as "insureds" under Section II — LIABILITY COVERAGE — AA.D. BROAD FORM NAMED INSURED and A.i.e. BLANKET ADDITIONAL INSURED. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. B. SECTION V — DEFINITIONS is amended by ad- ding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. L9#AP_ 64__�a_ CA 71 10 09 05 Page 5 of 5 EP 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, (this agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _ of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person, organization, partnership or joint venture listed on a Certificate of insurance on file with us, for which you have agreed in a written contract to provide this insurance. This endorsement is executed by the compatrybelow designated by an entry in the box opposite its name [ ] LIBERTY MUTUAL INSURANCE COMPANY Premium [ X] LIBERTY MUTUAL FIRE INSURANCE COMPANY ] LIBERTY INSURANCE CORPORATION Effective Date: 04/01/2006 Expiration Date: 04/01/2007 [ ] LM INSURANCE; CORPORATION [ ] THE FIRST LIBERTY INSURANCE CORPORATION ForatlachlnenttoPolicyNo. WC2-161-064683-016 Audit Basis: Issued to DOW DIVEIRSIFIRD INC. SE(: lil-- 12Y PR FSIDL2'.J"f Countersignedby .. ... ..................................................................................... Authorized Representative Issued: 04/01/2006 Sales Office and No. Pleasanton, CA / 0600 WC 04 03 06 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1-22-07 Dept./Contact Received From: Shauna Oyler Date Completed: 1-29-07 Sent -'to: Shauna Oyler By: April Walker Company/Person required to have certificate: Dow Diversifield Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Mt. Hawley B. AM BEST RATING (A: VII or greater): A+ X C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? 2mil agg/1 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: American States B. AM BEST RATING (A: VII or greater): A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N/A Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. WORKERS' COMPENSATION A. INSURANCE COMPANY: Liberty Mutual Fire Ins. Co. B. AM BEST RATING (A: VII or greater): A XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL: Insurance company not admitted. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, ware set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hte-�4�dcs'Q+�by nominate, constitute and appoint Michael A. QUIGLEY, of Laguna Beach, California, its (r.n w� Znt ands orney-in-Fact, to make, execute, sea] and deliver, for, and on its behalf as sur et and_-tt'i�cc�d: an ti�`and undertakings, and Y, !X ava g the execution of such bonds or undertakings in purs4a+x�1ent�#��f`s upon said Company, as fully <q , and amply, to all intents and pwposes, as itt l�>pttfiuly- eat"rbtl;lnz3wledged by the regularly elected ofi'icers of the Company at its office in 1 ;4'..rrn'i a �d`ns. This power of attorney revokes that issued on behalf of Michael At 1Y," The said Assistant' Ei~eiar .doe,,Cli�ro tlty hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-L� a�f�Co+r�any, and is now in force. IN WITNESS WAk OF, 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 17th day of March, A.D. 2005. ATTEST: �d DEPOSE o � State of Maryland lss: City of Baltimore. J FIDELITY AND DEPOSIT COMPANY OF MARYLAND � r7 Eric D. Barnes Assistant Secretary L By: . William J. Mills Vice President On this 17th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012-0626 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On Octnher 20, 2006 , before me, MEG QUIGLEY, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MICHAEL A. QUIGLEY Name(s) of Signer(s) PC] personally known to me ❑ proved to me on the basis of satisfactory evidence ., �, ,-•. :iso„�, ( to be the person(y,) whose r)ameo) is/im 1 ii subscribed to the within instrument and acknowledged to me that he/ft executed the same in his9xxXXHk authorized capacity(i), and that by his/1+jhutR signature(N) on the instrument the person(6), or the entity upon behalf of which the person(p) acted, executed a in �nent. WITAESSwv/and nd offii ipliseal. Place Notary Seal Above '94Or>'diure of Notary P b OPTIONAL - Though the information below is not required by law, it may prove valuabl to person r lying on)hedument and could prevent fraudulent removal and reattachment of this form to ano er cum Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Associatlon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.natlonalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827