HomeMy WebLinkAboutC-3460(P) - Back Bay Science Center, Bid Package #7 (Roofing and Sheet Metal)Recorded in official Records, orange County
Tom Daly, Clerk -Recorder
1111 111111111111111111111 Ii111111111111111111 ill Ili 11111'1111 NO FEE
2007000591990 04:17pm 10101/07
106 207 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Vance and Associates Roofing, Inc., of
Anaheim, California, as Contractor, entered into a Contract on March 1, 2006. Said
Contract set forth certain improvements, as follows:
Back Bay Science Center (C-3460)
Work on said Contract was completed, and was found to be acceptable on
September 25 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is International Fidelity 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 ;zoo , at Newport Beach, California.
BY LgYL41-1, M - 44&7,�
City Clerk
p
9
T
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
V
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Recorded in official Records, orange County
Tom Daly, Clerk -Recorder
1111 111111111111111111111 Ii111111111111111111 ill Ili 11111'1111 NO FEE
2007000591990 04:17pm 10101/07
106 207 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Vance and Associates Roofing, Inc., of
Anaheim, California, as Contractor, entered into a Contract on March 1, 2006. Said
Contract set forth certain improvements, as follows:
Back Bay Science Center (C-3460)
Work on said Contract was completed, and was found to be acceptable on
September 25 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is International Fidelity 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 ;zoo , at Newport Beach, California.
BY LgYL41-1, M - 44&7,�
City Clerk
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Vance and Associates Roofing, Inc., of
Anaheim, California, as Contractor, entered into a Contract on March 1, 2006. Said
Contract set forth certain improvements, as follows:
Back Bay Science Center (C-3460)
Work on said Contract was completed, and was found to be acceptable on
September 25, 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is International Fidelity Insurance Company.
Pdbli orks Director
Ci of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on '�� , at Newport Beach, California.
BY
City Clerk
September 25, 2008
Vance and Associates Roofing, Inc
2550 D. Mira Loma Way
Anaheim, CA 92806
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Subject: Back Bay Science Center (C-3460)
To Whom It May Concern:
On September 25, 2007, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion, to
release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on November 5, 2007. The Surety for the
contract is International Fidelity Insurance Company and the bond number is
0421989. 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
Executed in Five Counterparts
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
MASTER FORIIAAL CONTRACT
CONTRACT NO. 3460
BOND NO. 0421989,
FOR
1Qrd.l {`.iiyTWAC9'r�!rt.
FAITHFUL PERFORMANCE gQND
The premium charges on this Sond;s S 2 010.00
being at the rate of $ **
thousand of the Contract price. '
WHEREAS, the City Council of the City of Newociatesport Beach, Stale of California, by motion
"Principal", a contract for construction MgS7Eq FORMAL CRN
the Ci Roofin0, Ino•, hereinafter designated as the
City of Newport Beach, in strict conformity with the plans, drawings, CONTRACT, Contract
�. 3460 in
Contract Documents maintained In the Public Works Department of the City of Ne
of which are incorporated herein by tilts reference, and other
wport Beach, all
WHEREAS, Principal has executed or is about to execute Contract No, 34G0 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and International Fidelity Insurance
Com an duly authorized to transact busyness under the taws of the S
Ca(ifomia as Sure h
Beach, )n the sumo ( ere 0tfter "Sae"' are held and frrmty bound unto the C• tate of
equal to 100% of the estimated amount lawful
ithe Contract tUnited aid to the CI of � of Newport
States of America, said surn being
successors, and assigns; for which payment well and trulytY Newport Beach, its
heirs, executors and administrators, successors, or assignjointly andeseWe veraltntl ourselves, our
Present Y Y by these
heirs,
THE CONDMON OF THIS OBLIGATION IS SUCH,
executors, administrators, suthat if the Principal, or the Principal's
ccessors, or assigns, fail to abide by, and well and trulykeep
and perform any or all the work, covenants, conditions, and agreements In the Contract
Documents and any alteration the made as therein provided on its part, to the
kept
performed at the time and in the manner therein s pt and
intent and meaning, or fails to indemnify, defend, and specified, and
city respef Newport to its Prue
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 obli obligation Beach, its
null and void. g shah become
**Premium:
$100,000 x 1.5% = $1,500.00
$ 51,000 x 1.0% = $ 510.00
$2,0 001 .. 0
E
As a Part of the obligation secured hereby, and in addition to the face amount
this Performance gond, there shall be included
reasonable attorneys fees, incurred b costs and reasonable expenses and feesp including
fied g
action in law or y the COY, only in the event the City is required to bring an
equity against Surety to enforce the obligations of this gond.
Surety, for value received, stipulates and agrees alterations or additions to the terms of the Con
g es that no change, extension of time,
the specifications accompany1n9 the same shall !n a
Contract or to the work to be Performed thereunder or to
it does hereby waive notice of any such change, extension time alterations on this Bond, and
Contract or to the work or to the Specifications.
or additions of the
This Faithful Performance Bond shall be extended and maintained
force and effect for one (t) year fallowing the date of formal acceptance of the Pr
by the Prfnclpai in full
In the event that the principal executed this band as an ;n oleo by the City.
death of any such Principal shall not exonerate the Surety from its obligations � d�wdual, it is agreed that the
IN WITH under this Bond.
Sure SSS WHEREQF this instrument has been duty executed by the Principal and
Surety named, on the 8th day of March
2006.
Vance and Associates Roofin
Name of Inc.
Contractor {Principal)
Authorized SitgnaturFr/T�gdent
Bill Pe enM
International Fidelis Insurance '�
Name of Surety Com an
1575 Treat Boulevard P y Authorize Agent ignature �fC:�
Walnut Creek Suite 208
CA 94598
Address of Surety Rebecca Haas-Bates, Attorne -in-Fact
Phone:(925) and Title
(925) 256-8760
Fax: (925) 256-1080
Telephone/Fax
NOTARY ACKNOWLEDGMENTS OF CONTIRACTpW AND SURETY MUST BE ATTACHED
10
STATF_ OF California
COUNTYOF Orange I
SS.
On____ 03/08/06 _ before me Joan M. Wynn, Notary Public
PERSON,ALLYAPPEARED Rebecca Haas -Bates
persoualljktroN.n to mey
NXMX(M to be the person(, whose nameA islAk subscribed to the
within instrument and acknowledged to me thatMlsheXt&x, e.recuted
the sante inAXAer/tA#jKauthorized capacit.v(kV, card that 4s).fY herrftt�
signature (•X on the instrument the personk), or the entity- upon behalf
of which the person(y) acted, executed the instntment.
WITNESS my hand and official seal.
Signature O
OPTIONAL
�5JOAN M. WYNN
COMM. # 1572575
' NOTARY PUBLIC-CAI-IFORNIA Q)
ORANGE COUNTY
COMM. EXP. RP(�IL 74, �l�
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID -1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT
Tel (973) 624-7200
DWER OF ATTORNE'
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
................................................................................................................................................................................................................................................................................
WILLIAM SYRKIN, LEONARD ZIMINSKY, JOAN M. WYNN, CLOE BIERMAN, SERGIO D. BECHARA,
REBECCA HAAS -BATES
Irvine, CA.
...................................................................................................................................................................................................................................................................................... >
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, an and all bonds and undertakings, contracts of indemnity and
other writings obligatory, in the nature thereof, which are or may be allowed, required or ermitted by law, stature, rule re ation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERN AT NAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INCOMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of. attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
CITY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
4�R
SEALL "Z INTERNATIONAL FIDELITY INSURANCE CO
m
y
19 STATE OF NEW JERSEY
S�
f*JEaAp County of Essex
f
* Secreta
On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year fust above written.
NOTARY K,
� PUBLIC
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 8th day of March, 2006
Assistant Secretary
cq
November 5, 2007
Mr. Bill Peters
Vance and Associates Roofing, Inc.
2550 East Mira Loma Way, #200
Anaheim, CA 92806
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Subject: Back Bay Science Center (C-3460) - Bid Package #7 (Roofing and
Sheeting Metal)
Dear Mr. Peters:
On September 25, 2007, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 1, 2007, Reference No. 2007000591990. The Surety for the contract is
International Fidelity Insurance Company, and the bond number is 0421989.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
I
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
Executed in Five Counterparts
cc�lvrRAC7 No. 3460
BOND NO. 0421989
LPremium Included i performance Bond
ABOR AND MATERIALS PAYMENT BOND
WHEREAS the C'
adapted, has awarded to Council f AssoCity of ciates ales Newport, Inc. h
"Principal," a contract for construction of ssociE Ain Beach, Sate of California, by motion
the City of Ne R FORMAL CC ' 'hereinafter designated as the
Newport Beach, in strict conformity with 'the plans, d �A�' Contract No. 3460 in
Contract Documents in the office of the Public Works Department of the , of
Of which are incorporated herein by this reference, 'f' t'o rt and other
dY Newport Beach, all
WHERF-AS, Principal has executed or is about to execute Contract No. 346
terms thereof require the fumishin9 of a bond
0 and the
subcontractors, shall fail to a ,providing that if principal or any of Principal's
for, or about the performance of the w ro kaeg le, to be done, or for an w
thereon of any kind, the Surety on this bond agreed
Wilpay th clone,
or other supplies used in, upon,
ame to the extent anyork or
serdone
f forth,
NOW, THEREFORE,
International Fidelity Insurance Company undersigned Principal,
business under the laws of the State of California, as sur p and,
duly authorized to transact
held firmly bound unto the C' ety, (referred to herein as "Sure
are
United States of Americom, said sum being rt Beach, in the sum of ($161,000.04} lawful money of the
City of Newport Beach under the terms fequal to lQD /o of the estimated amount payable by the
made, we bind ourselves, our heirs, executors and dministrators, successors, or assigns, '
tract; for which a ment well and truly to be
and severally, firmly by these present.
. 9 , iamtty
THE CONDITION OF THIS OBIJGATION IS SUCH, that if the Principal
subcontractors, fait to pay for any materials
used ' u , provisiar�s, or other supplies, implements m nts or machinery
pon, for, or about the performance of the work contracted to be
work or labor thereon of any kind, or for amaurrts due under the Unemployment Insurance code
With respect to such work or labor, or for an dans, or for any other
over to the Employment Development Departmenty aunts required to be deducted, withheld and paid
and subcontractors Pursuant to Section 13oe U�e,m�byment Insurance Code the
Principal
es ict
to such work and labor, then the Surety will pay for the same,
specified in this Bond, and also, in case suit is brought to enforce h obligations in an amount of this th
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
�e Band shag inure to the benefit of an
entitled to file claims under Section ben fi the California
e them to their assigns fi an Y and all persons, Som
Cas Code so parries, and corporations
the provisions of S Y suit brought upon this Bond aS to give a right of action
ections 3247 et, se as required by and in accordance with
Seq. of the Civi! Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no
erne, alterations or additions to the teens of the
or the $i citications accompanyingContract or to the work ton change, extension of
and it be
does hereby waive notice of e su h change, in a an performed thereunder
the terms of the Contract or to the Y Y wise affect its obligations on this Bond,
work or to the specifications. ,tof time, alterations or additions to
1n the event that an
agreed that the peach oft Y principal above named executed this Bond as an individual, it is
this Bond. y such principal shall not exonerate the Surety from its obligations under
1N WITNESS WHEREOF, this in
Principal and Surety, on the 8 t day of March
strum has been duly executed by the above named
—�_
2006.
Vance and Associates Roofing, Inc.
Name Of Contractor (Principal)
International Fidelity Insurance
Name of Surety Company
1575 Treat Boulevard, Suite 208
Walnut Creek, CA 94598
Address of Surety
Phone: (925) 256-8760
Fax: (925) 256-1080
Telephone/Fax
Authorized SignaturefT e
Bill Peters,Presi�ent
A horizedA���"'
gent Signature
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Tide
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AN,D SURETY MUST BE A
l7ACH1~p
a
STATE OF California
I
S.
C'OL'IVTYDF Orange
On 03/08/06 be%ore me, Joan M. Wynn, Notary Public
PERSONALLYAPPEARED Rebecca Haas -Bates
personally known to me�Xt�ftKPt�Cssrc3t
KUMN to be the person(,V whose nameX islA e subscribed to the
within instrument and acknowledged to me thatXXIsheNK& executed
the same inAkAer/lJWMauthorized capacitv(kV, and that k)9*1herftk
signature (V on the instrument the person(k), or the entity upon behalf
of which the person(Y) acted, executed the instrument.
WITNESS my hand and official seal.
Signature 6A
OPTIONAL
JOAN Me WYNN
COMM. t# 1572575
NOTARY PUBLIC-CALIFORNIAG
ORAW73E COUNTY
COMM. EXP, APRIL 24, 2004'
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OF TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
IU -1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT
Tel (973) 624-7200
EWER OF ATTORNE
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
.....................................................................................................................................................................................................................................................................................
WILLIAM SYRKIN, LEONARD ZIMINSKY, JOAN M. WYNN, CLOE BIERMAN, SERGIO D. BECHARA,
REBECCA HAAS -BATES
Irvine, CA.
........................................................................................................................................................................................................................................................................................
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATNAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attomey-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
t� $O signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
SEAL M INTERNATIONAL FIDELITY INSURANCE CO
y 1904 c1b STATE OF NEW JERSEY
Sic, p County of Essex
JET a�
1N� Secreta
On this 29th day of August 2003, before me came the individual who executed thepreceding instrument, to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
�OMIQ��RIN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ' at the City of Newark, New Jersey the day and year first above written.
NOTARY
033
"s PUBLIC �- L.•►
JE, A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 8th day of March, 2006
Assistant Secretary
CITY CLERK
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 Vance and Associates Roofing, 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 #7 — (ROOFING & SHEET METAL
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 ($151,000.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of
the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall submit
to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Stephen G. Badum
(949) 644-0000
CONTRACTOR
Vance & Associates Roofing, Inc.
2550 East Mira Loma Way #200
Anaheim, CA. 92806
Attention: Bill Peters
(714) 688-7150
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
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0002 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0002 0287
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, agents, officials, employees and volunteers and Construction
Manager are to be covered as additional insureds as respects: liability arising
out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor;
or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, employees or volunteers and
Construction Manager.
Contractor's insurance coverage shall be primary insurance and/or primary
source of recovery as respects City, its officers, officials, employees and
volunteers and Construction Manager. Any insurance or self-insurance
maintained by City, its officers, officials, employees and volunteers and
Construction Manager shall be excess of the Contractor's insurance and shall
not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers and Construction Manager.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification/hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
agents, officials, employees and volunteers and Construction Manager for losses
arising from work performed by Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
All of the executed documents referenced in this contract must be returned within ten
(10) working days after the date on the "Notification of Award," so that the City may
review and approve all insurance and bonds documentation.
5. Acts of God
4
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have been
proximately caused by an Act of God, in excess of 5 percent of the Contract amount
provided that the Work damaged is built in accordance with the plans and
specifications.
6. Right to Stop Work for Non -Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and/or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof, including Construction
Manager, shall not be responsible in any manner: for any loss or damages that may
happen to the Work or any part thereof; for any loss or damage to any of the materials
or other things used or employed in performing the Work, for injury to or death of any
person either workers or the public; or for damage to property from any cause arising
from the construction of the work by Contractor, or its subcontractors, or its workers, or
anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
and Construction Manager from and against (1) any and all loss, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, or any other claims arising from any and all acts or omissions of Contractor,
its employees, agents or subcontractors in the performance of services or work
conducted or performed pursuant to this Contract; (2) use of improper materials in
construction of the Work; or, (3) any and all claims asserted by Contractor's
subcontractors or suppliers on the project, and shall include reasonable attorneys' fees
and all other costs incurred in defending any such claim. Contractor shall not be
required to indemnify City or Construction Manager from the sole negligence or willful
misconduct of City, its officers or employees or Construction Manager.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the terms
of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
5
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:,' CITY OF NEWPORT BEACH
i' ;jA Municipal C oratio
.; p
6Kd6:tt-
s"3bZ.
By:
CITY CLERK Mayor
APP VED AS TO FORM.
C,
CITY ATTORNEY
C.1
CONTRACTOR
Vance & Assoicates Roofing Inc.
(Corporate Officer)
Title: President
Print Name: Bill Peters
By:
(Financial Officer)
Title: cbl-gf Officer/Corporate Secret
Print Name: Karin Peters
MAY -04-2006 09:43 FROM: TO•"19496443318 P.1/1
Fax #: Cgg9 &`1 q
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprisedof requirements as outlined by the City of Newport Beach. /
Date Received: S /Zl%o G Dept./Contact Received From:
Date Completed: 3 AG Sent to: A By, i7 -
Company/Person required to have certificate: �V ni e 4 rfoGf4r cra PIX
I. GENERAL LIABILITY J " "�
A. INSURANCE COMPANY: 4Gi n t"etd /CJ
Like -R It L'4 6 _
B. AM BEST RATING (A: VII or greater):
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided? D!{
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): is it included? Dyyes 0wo
F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ET'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 MIC
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
II. AUTOMOBILE LIABILITY J r� 'jam
A. INSURANCE COMPANY: N441CV IAW� r .L YlkYI.iQYf(rL
B.
C.
AM BEST RATING (A: VII or greater): / X -k
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D, LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided?
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
[n Yes ❑ No
4 4 ,..U—/
Yes ❑ No
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Hauler only):
Is it included? ��A- [71 Yes El No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY:
441ftl
B. AM BEST RATING (A: VII or greater): NOT VaLt-101
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 TORE COMPLETED? Wyk C-Orh