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HomeMy WebLinkAboutC-3460(Q) - Back Bay Science Center, Bid Package #8 (Doors, Frames, Plaster and Painting)�l r� 9 T RECORDING REQUESTED BY AND 1 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 IIIII IIIA Ii111111ll llll1IEl 1E11111 11111111 V111111IIIII IIIA NO FE E 200700056601311:52am 09/17107 103 254 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 Standard Drywall Inc., of Corona, California, as Contractor, entered into a Contract on March 8, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460) Work on said Contract was completed, and was found to be acceptable on September 11, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. Norks 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 /If �LO (9 7 , at Newport Beach, California. BY nf U,14W�fi),Iyioc� City Clerk i 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 Standard Drywall Inc., of Corona, California, as Contractor, entered into a Contract on March 8, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460 Work on said Contract was completed, and was found to be acceptable on September 11, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. JBY�= y� Pubi orks Director z pity of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /I �-()6 %' , at Newport Beach, California. If BY City Clerk u tg:.In 1 L�ro ttN�P C9 September 11, 2008 Standard Drywall Inc. 3100 Palisades Drive Corona, CA 92880 6ALGIDVIV U1,• � OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #8 (Doors, Frames, Plaster and Painting) To Whom It May Concern: On September 11, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on October 22, 2007. The Surety for the contract is Liberty Mutual Insurance Company and the bond number is 024021773. Enclosed is the Faithful Performance Bond. Sincerely, ;V%/� LaVonne M. Harkless, MMC City Clerk enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 BOND NO. 024021773 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,526.00 being at the rate of $ 10.80/1st $500x, $6.53/Next $2.5M thousand of the Contract price_ WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Standard Drywall, Inc., hereinafter designated as the Principal", a contract for construction of MASTER FORMAL CONTRACT, Contract No. 3460 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference_ WHEREAS, Principal has executed or is about to execute Contract No. 3460 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the principal, and Liberty Mutual Insurance Company 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of ($519,357.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formai acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of March —,2006. Z�/C--7 Authoriz d Signatur?/Title Blaine M. Caya, Vice President Standard Drywall, Inc. Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety Authorize Agent Signature 505 South Main Street, #830 Orange, CA 92868-4528 Tyson Dethloff, Attorney -in -Fact Address of Surety Print Name and Title (714) 542-0115 Telephone/Fax NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ss. On March 10, 2006 before me, Dawn L Brewer, Notary Public Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public") personally appeared Blaine M. Caya Name(s) of Signer(s) CK personally known to me ❑ �ix�x��t�x4lx�i�A+"if �a DAWN L. BREWER Commission # 1493553 OMYNotaryp ublic - Callfomia RiversideCounty Comm. Expires Jun 30, 2008 to be the person(;) whose name(jt) is/xx subscribed to the within instrument and acknowledged to me that he/sneftW executed the same in his/badbair authorized capacity0alst and that by his/bax tboir signature(s) on the instrument the person(s)7, or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS hand and official seal. Signature of Notary 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: 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: © 1999 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www rialionalnotary.org Prod. No. 5907 Reorder: Call 1011 -Free 1-111)(1-5/15-bUl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Di On March 9, 2006 Date personally appeared ss. before me, Michelle C. Goddard, Notary Public Name and Title of Officer (e.g.. "Jane Doe, Notary Public") Tyson Dethloff Name(s) of Signe(s) © personally known to me ❑ proved to me on the basis of satisfactory evidence d6 A MICHELLE C. GODDARD Commission # 1588543 92 Notary Public - Califomia San Diego County My Comm. Expkes Jun 19, 2009 to be the person( whose name(g) is/Xoe subscribed to the within instrument and acknowledged to me that he/sbeAlaay executed the same in his/heWksir authorized capacity0s), and that by his/IvWV4 MW signature(g) on the instrument the person(g), or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. `nr 64"_ u C- t' � Signature of Notary Public OPTIONAL Though the information below is not required bylaw, 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: Performance Bond Document Date: March 9, 2006 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Tyson Dethloff ❑ Individual ❑ Corporate Officer — Title(s): F1 Partner — ❑ Limited ❑ General DQ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Liberty Mutual Insurance Company Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chalswonh, CA 91313-2402 - www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1821978 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TYSON DETHLOFF, GLENN DETHLOFF, TODD CADY, ALL OF THE CITY OF SAN DIEGO, STATE OF CALIFORNIA........ .......................................................... ..... ............. .... ...... ........................ .................................. each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any. and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100****"*************,*** DOLLARS ($ 100,000,000.00*"". ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of.. the Company in their own.proper persons. That this power is made and executed pursuant to and by authority of the following By-law acid Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 0signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C as binding as if signed by the president and attested by the secretary. a By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby .: authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. L 7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of —E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of September 5 2005 -a •Fo O i / LIBERTY MUTUAL INSURANCE COMPANY 60 `d 1 Lw Garnet W. Elliott, Assistant Secretary y +, COMMONWEALTH OF PENNSYLVANIA ss d COUNTY OF MONTGOMERY CM L It 4) On this 30th day of September 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged C that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above E4- 6 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0 W A IN TESTIMONY WH 1, unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 0014W � COMMONWEALTH OF PENNSYLVAMA 41 C Oi 7�,;- esaP-,bt a,Ns Pub By Z V FIR hTwp.,Mo?4W.naryC,*vAy � ` Wcoxmi , +6Smu, 2a. s Ter sa Pastella, Notary Public ? Yl °t � + Mamum. PWit spivalia Assoctatlon of NoW46 CERTIFICATE I, the undersigned, Assistant ecretary. of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint atforneys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TE$T,la OhY WHEREOFbI�hgve hereunto subscribed my name and affixed the corporate seal of the said company, this 9th day of Z& Brcy VR ! David M. Carey, Ass' nt Secretary October 22, 2007 Mr. Blaine Caya Standard Drywall Inc. 3100 Palisades Drive Corona, CA 92880 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) - Bid Package #8 (Doors, Frames, Plaster and Painting) Dear Mr. Caya: On September 11, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 17, 2007, Reference No. 2007000566013. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 024021773. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city.newport-beach. ca. us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 BOND NO. 024021773 Premium Included in n Premium Charged for Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Standard Drywall, Inc., hereinafter designated as the "Principal," a contract for construction of MASTER FORMAL CONTRACT, Contract No. 3460 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3460 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, • and, Liberty Mutual Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of ($519,357.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 7 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Principal and Surety, on the 9th Standard Drywall, Inc. Name of Contractor (Principal) instrument has been duly executed by the above named day of March , 2008, Authorized ignature/Title Blaine M. Caya, Vice President Liberty Mutual Insurance Company Name of Surety 505 South Main Street, #830 Orange. CA 92868-4528 Address of Surety (714) 542-0115 Telephone/Fax 6tho�nzedgent Signature Tyson Dethloff, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On March 10, 2006 Date personally appeared ss. before me, Dawn L Brewer, Notary Public Name and Title of Officer (e.g.. 'Jane Doe. Norary Public-) Blaine M. Cava EWER 1493553LJ& T;��DA;�WNL. Notary Public - Callfomia Riversidef /ly Co Names) of Signers) B personally known to me ❑ p(xtt��xl�xt��x4�x�i�Arit to be the person(50 whose name(a) is/am subscribed to the within instrument and acknowledged to me that he/gip executed the same in his/biack4AE iT authorized capacityoecs , and that by his/baxklxair signature(:) on the instrument the person(:), or the entity upon behalf of which the person(x) acted, executed the instrument. WITNESS my, hand and official seal. r -/ Signature of Notar;P..c--c 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: Number of Pages: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer Signer's Name: Top of thumb here ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 • www.nalionalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-600.676- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On March 9, 2006 before me, Michelle C. Goddard, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Tyson Dethloff Name(s) of Signers) N personally known to me ❑ proved to me on the basis of satisfactory evidence MICHELLE C. GODDARD Commission # 1588543 Notary Public - Collfomla San Diego County My Comm- Expires Jun 19, 2009 to be the person() whose name(x) is/M subscribed to the within instrument and acknowledged to me that he/shgRlwy executed the same in his/heMbeir authorized capacity*s), and that by his/hte~ signature(g) on the instrument the person(4g), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea l. Signature of Notary 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: Payment Bond Document Date: March 9, 2006 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Tyson Dethloff ❑ Individual Top of thumD here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General X Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Liberty Mutual Insurance Company 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - wvw.nationalnotaryorg Prod. No, 5907 Reorder: Call Toll -Free 1-800-6766627 THIS POWER OF ATTORNEY IS NOT VALID .qLESS IT IS PRINTED ON RED BACKGROUND. 1821980 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint TYSON DETHLOFF, GLENN DETHLOFF, TODD CADY, ALL OF THE CITY OF SAN DIEGO, STATE OF CALIFORNIA........ ••••••••••••••.••.•••••••••••••••••.. .................. .. • -.y ••.••••............•••••••............•....•••..•••••• .........................................._••....••..• •i•.••. ...• .................................... each individually if there be more than one named, its true and lawful attomey iri-fact t. make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed an "I and all undertakings, bonds, recognizances: and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND QO/100 **********"****** 000.00****.. . DOLLARS ($ 100,000, )each, and the execution of such undertakings bonds, recognizances and other surety obligations, in pursuance of -these presents,. shall be as binding upon the Company as if they had been duly signed by the president and:attested by the secretary of t{ie Company:in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: M C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby L authorized to appoint such attorneys -in -fact as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. G That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. O j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of September d 2005 O i LIBERTY MUTUAL INSURANCE COMPANY O C O /,J� 3� n. L Bey" Garnet W. Elliott, Assistant Secretary N N COMMONWEALTH OF PENNSYLVANIA ss r C � COUNTY OF MONTGOMERY O 'C On this 30th day of September 2005 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged d C - that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. '0 2. •� IN TESTIMONY WH ! unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year d _ e v first above written. iaPttV *� l0 C (y fry CdMWNl4°i MJH 01 Pi NN YLVANiA N > .i .��e� ` Z 0op..T isP> to .NWvyr'utia r .>n civ y �� ._ MgGxtxit��orrEresM�at?$ Ter sa Pastella, Notary Public cOi `'art-� �+` tdemh+3f Penn9ytxsni$fiesociailona�NbiaAB.... -0 o. CERTIFICATE I, the undersigned, Assistan ecretaryof Liberty Mutual Insurance Company, d4 hereby certify that the original power: of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this=certificate; and f":do further certify that the_:officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairinan or the-presiderit to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy.of anypower of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed: IN TESTIMONY WHEREOF, 1have hereunto subscribed my name and affixed the corporate seal of the said company, this 9th day of March By x'>' David M. Carey, Ass' nt Secretary CITY OF NEWPORT BEACH CITY CLERK PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 CONTRACT THIS AGREEMENT, entered into this 8th day of March, 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Standard Drywall 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 #8 — (DOORS, FRAMES, PLASTER & PAINTING) 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 ($519,357.00). 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 Standard Drywall, Inc. 3100 Palisades Drive Corona, CA. 92880 Attention: Blaine Caya (951) 256-8656 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 2 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers and Construction Manager are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers and Construction Manager. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers and Construction Manager. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers and Construction Manager shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers and Construction Manager. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers and Construction Manager for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God 4 Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non -Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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 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 CLERK APPROVED AS TO FORM: 14 ,- r ffc-, CIT ATTORNEY 9 ITY OF NEWPORT BEACH Municipal Corporation By Mayor CONTRACTO By. (Corporat Officer) Title: Vice President Print Name: Blaine M. Caya By: Same (Financial Officer) Title: Print Name: MAY -W -2006 11:18 FROM: TO -1.9496443318 P.1/1 Fax 4: (qqq VV —33 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Reach This checklist is comprised of requirements as outlined by the City of Newport Beach. /} Date Received: 'i2- D b Dept./Contact Received From:{p1�ytG{ Date Completed: g 0 6 Sent to: `ch 0'"n a By: Company/Person required to have certificate: _ C r. it TIT_ GENERAL LIABILITY A. INSURANCE COMPANY: Lcr, f') Y0/1 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 $1 M or greater): What is limit provided? E_ PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? es 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? L11'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 Dlo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY Y� r� a"/ V_�/' A. INSURANCE COMPANY: �- �-o B_ AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes C3 No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided?y I- AW 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 Haule s only): Is it included? N A- ❑ 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: -Pe, Yt', B. AM BEST RATING (A: VII or greater): C_ LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? Yep No HAVE ALL ABOVE REQUIREMENTS BEEN MET? j (� Yes o IF NO, WHICH ITEMS NEED TO BE COMPLETED? kJork- 6o - Ill alV�' , - �� 1 f