HomeMy WebLinkAboutC-3460(K) - Back Bay Science Center, Bid Package #2 (Irrigation)Recorded in Official Records, Orange County
RECORDING REQUESTED BY AND Tom Daly, Clerk -Recorder
WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE
City Clerk 200700056601411:52am 09117107
City of Newport Beach 103 254 N12 1
3300 Newport Boulevard o 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION I�1
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and U.P. Landscape Maintenance, Inc., of
Irvine, 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 11, 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is Explorer Insurance Company.
, dWorks Director
of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. /
Executed on o3 00 % , at Newport Beach, California.
BY
City Clerk
U
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 U.P. Landscape Maintenance, Inc., of
Irvine, 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 11, 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is Explorer Insurance Company.
is Works Director
of Newport Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on '`J,&O'dA/,,�%c ' a°' , at Newport Beach, California.
BY civ t {•f
City Clerk T
September 11, 2008
CITY OF NEWPORT BEACH
Mr. Stephen Hanano
U.P. Landscape Maintenance, Inc.
16261 Construction Circle East
Irvine, CA 92606-4404
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Subject: Back Bay Science Center (C-3460) - Bid Package #2 (Irrigation)
Dear Mr. Hanano:
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 Explorer Insurance Company and the bond number is 2174281.
Enclosed is the Faithful Performance Bond.
Sincerely,
LaVonne M. Harkless, MMC
City Clerk
enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
MASTER FORMAL, CONTRACT
CONTRACT NO 3460
BOND NO. 217 42 81
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond Is $ 1,625.00
being at the rate of $ 25.00 Rer thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to UP Landscape Maintenance, Inc., hereinafter designated as the "Principar,
a contract for construction of MASTER FORMAL CONTRACT, Contraot No. 3450 In tate 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 EXPLORER INSURANCE COMPANY
. duly authorized to transact business under the fawn of the State of
California as Surety (hereinafter "Surety^}, are held and firmly bound unto the City of Newport
Beach, in the sum of ($65,000.04) 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 falls 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.
E
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond; there shall be Included costs and reasonable expenses and fees, Including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shall In any way affect its obligations on this Bond, and
It does hereby waive notice of any such change, extension of time, alterations or additions of the
Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate_ the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instruin$nt has been duly executed by the Principal and
Surety above named, on the 8TH day of _ RCH,, ,
200A-
U.P. LANDSCAPE MAINTENANCE, INC.
Name of Contractor (Principal) lAuthorizW SiOnature/Titid
ESQ-REB IM URANCE COMPANY `1_f 1
Name of Surety Authorized Agent Signature
11455 EL CAMINO REAL
_SAN QIEG9 C14 92130
Address of Surety
858-350-2400
858-350-2909
Telephone/Fax
VALERIE M. PEARCE, ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDCMIZENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
10
CALIPORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAN DIEGO ss,
On MAR ® 8 200 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC
Dab Nur* And rof of omoar (a.a, lhrn Da, Notary
personally appeared VALERIE M. PEARCE
Fwm(.) a slpnapr
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(DQ whose namel<t) Is"
subscribed to the within instrument and
acknowiedged to me that &/sheZ%i executed
the same In M/herME r authorized
capacity(ies), and that by M/her
signaturek) on the Instrument the person(%, or
the entity upon behalf of which the person(30
acted, executed the Instrument.
WITN SS - .y hand a official seal.
ss ,afore
of Nowy
OPTIONAL
Though the lnfomrallon below Is not mgcdred by law, It may prove vwuabte to persons rel ft on. the document and could prevent
fraudulent removal and reattachment of Nils 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(les) Claimed by Signer
Signer's Name:
❑ Individual w(, of thumb here
❑ Corporate Officer — Tltie(s):
❑ Partner — ❑Limited ❑General
❑ Attorney -In -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing:
- •--- --- 11—Y ...v ..wr • Waco u W W AVG., ru, no% 2402 - ChAtew0dfi, CA 61818.2402 - w".rwfonah otaryorg Prod. No. 6607 Reorder. Citi Three 1.800.870-W7
No. 0001363
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
DAVID L. WALKER, LAWRENCE F. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON
VALERIE M. PEARCE, JACK T. WARNOCK, AMERICA SAN MARTIN, PENNY E. KELLEY
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
GOMP"NYp SURAN - Vpr,TY M'p
,oe �NOORPOq,,Tt.� Q
o SEAL
Z ` to
f� 'oek,► *2 �d� Aja'
Jeffrey D. Sweeney, Assistant Secretary
State of California
}
County of San Diego ss.
INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY
COMPANY
John L. Hannum, Executive Vice President
On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
FRANCIS FAFAUL
COMM, *1471794
v NOTARY PUBLIC -CHUM
ODIJIA
0 = My CC0ffW ASM "j0n FX0iM8
FEBRUARY 23, 2668
Witness my hand and official seal.
Francis Fafaul, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this
day of
MAR 0 8 2000
r
Jeffrey D. Sweeney, Assistant Secretary ,
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Nvinber,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
October 22, 2007
CITY OF NEWPORT BEACH
Mr. Stephen Hanano
U.P. Landscape Maintenance, Inc.
16261 Construction Circle East
Irvine, CA 92606-4404
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Subject: Back Bay Science Center (C-3460) -
Bid Package #2 (Irrigation)
Dear Mr. Hanano:
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. 2007000566014. The Surety for the contract is
Explorer Insurance Company, and the bond number is 217-42-81. 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.34LO
BOND NO. 217 42 81
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion
adopted, has awarded to UP Landscape Maintenance, Inc., hereinafter designated as the
°Principal," a contract for construction of MAS'T'ER 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,
EXPLORER INSURANCE COMPANY duly authorized to transact
business under the laws of the State of Caiiiomia, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of ($65,000.00) 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 0 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 Surely will pay for the same, In an amount not exceeding the sure
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
"tied to file claims under Section 3181 of the Californias 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 Californla.
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, ails instrL
Principal and Surety, on the 8TH . day of
U.P. LANDSCAPE MAINTENANCE, INC.
Name of Contractor (Principal)
EXPLORER INSURANCE COMPANY
Name of Surety
11455 EL CAM INO REAL
SAN DIEGO, CA 92130
Address of Surety
858-350-2400
858-350-2909
Telephone/Fax
been duly executed by the above named
LRCH t. 2006. r
Authorized Agent Signature
VALERIE M. PEARCE, ATTORNEY-IN-FACT
Print Name and Title
NOTARY ACKNOWLEDOMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
a
CALII'ORNIA ALL-PURPOSE ACIENOWLEDGMENT
State of California
County of SAN DIEGO ss,
On MAR ® 8 2006 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC
DoU Hahhe end % d oAber (..a, •Jane DW, Notary
personally appeared VALERIE M. PEARCE
Ham+($) of egnu(q
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(50 whose name) IsM
subscribed to the within instrument and
acknowledged to me that S/sheMy executed
the same in XG1§/herZM authorized
capacityoes), and that by XE/her
signaturek) on the Instrument the person(;, or
the entity upon behalf of which the person(E)
acted, executed the Instrument.
WITUP4
al,
;
OPTIONAL
Though Nhe hrfomratlon below Is not required by haw, It may prove valuable to persons re(yktg on. the document and ,could prevent
fraudulent removal and reattachment of Nils 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(les) Claimed by Signer
Signer's Name:
O IndividualTbp a thumb hero
11 Corporate Officer—11He(s):
O Partner —❑ Limited ❑ General
❑ Attorney -In -Fact
O Trustee
O Guardian or Conservator
❑ Other
Signer Is Representing:
• •--- ---y ,... y ,wwFxuinF • .acv ve ww "', -- U" 24W • GhIM"rlh, CA 91818.2402 - www,nallonahwtary.org Prod. No, 6807 Ruder: C44 To"ree 40"76-W7
Crfy�y/may �ryp�
M! !A. iJ IL.t A/ 4J F
Y� .J'-3161'-'1
M
}.
t-
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(50 whose name) IsM
subscribed to the within instrument and
acknowledged to me that S/sheMy executed
the same in XG1§/herZM authorized
capacityoes), and that by XE/her
signaturek) on the Instrument the person(;, or
the entity upon behalf of which the person(E)
acted, executed the Instrument.
WITUP4
al,
;
OPTIONAL
Though Nhe hrfomratlon below Is not required by haw, It may prove valuable to persons re(yktg on. the document and ,could prevent
fraudulent removal and reattachment of Nils 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(les) Claimed by Signer
Signer's Name:
O IndividualTbp a thumb hero
11 Corporate Officer—11He(s):
O Partner —❑ Limited ❑ General
❑ Attorney -In -Fact
O Trustee
O Guardian or Conservator
❑ Other
Signer Is Representing:
• •--- ---y ,... y ,wwFxuinF • .acv ve ww "', -- U" 24W • GhIM"rlh, CA 91818.2402 - www,nallonahwtary.org Prod. No, 6807 Ruder: C44 To"ree 40"76-W7
No. 0001363
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a
Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
DAVID L. WALKER, LAWRENCE F. MCMAHON, LETICIA SAN MARTIN, CHRISTINE A. PATERSON
VALERIE M. PEARCE, JACK T. WARNOCK, AMERICA SAN MARTIN, PENNY E. KELLEY
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005.
4��pMPANYQA,r
v
`�y1SRANv �s 'L4dsG INSURANCE COMPANY OF THE WEST
�r�a`a�aaPoxAYFo "� taQ°r`pO�TF c+ \.' a 4 p EXPLORER INSURANCE COMPANY
0,
�;3 w y K INDEPENDENCE CASUALTY AND SURETY
�gA'CN t, 19'� ;� C,�•91�A, .°0`�b'-' Z a ° COMPANY
t'.;;." b
C
Jeffrey D. Sweeney, Assistant Secretary
State of California
}
County of San Diego ss.
John L. Hannum, Executive Vice President
On November 1, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
FRANCIS FAFAUL
CO
PUBLIC #14 1m
MI
ASDIEGO �NTY
.i-
MF coffwr
r:BRUARY 23,2809
Witness my hand and official seal.
Francis Fafaul, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this day of
MAR 0 8 2006
Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of -Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Ciroup,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
CITY OF NEWPORT BEACH CITY CLERK
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 UP Landscape Maintenance, 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 #2 - (IRRIGATION)
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 ($65,000.00).
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
UP Landscape Maintenance Inc.
16261 Construction Circle East
Irvine, CA. 92606-4404
Attention: Stephen Hanano
(949) 551-1323
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.
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.
CITY OF NEWPORT BEAC
A Munici al oration
By:
Mayor
APPROVED AS TO FORM: CO
el-�_ C By:
CITY ATTORNEY
Titl
M
Title: a f O
Print Name: � �E'/1� /v�A)
L
Sent By: Brown & Brown Of CA;
Fax #:
9498514407; Mar -2P M 1 :13PM; Page 1/1
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 7 A.6 Dept./Contact Received From: cI'ha��a
Date Completed: c Sent to: lgm n or, By:f if
Company/Person required to have certificate:
I.
II.
GENERAL LIABILITYr I /
A. INSURANCE COMPANY: Fvew-eS Oha a h
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? tdt rl'u f4 / r",Y dC[
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Ples ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is It included? FYas ❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): �
Is it Included? &Ves [] 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 to
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 l 1
A. INSURANCE COMPANY: EVtXeJ 0014. � �►'q.r�'.c.
B. AM BEST RATING (A: VII or greater): A f— XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D- LIMITS (Must be $1M min. Bt & PO and $500,000 UM): What Is limits provided?
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): 1s it Included?
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers oZ�-
1s it included? D Yes
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.
Yes ❑ No
Yes ❑ No
WORKERS' COMPENSATION II
A. INSURANCE COMPANY:�'�+'� 5 T
B. AM BEST RATING (A, VII or greater): _
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include):
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH 11E1103 NEED TO BF, CQMPLETE07
❑ No
Is It Included? Yes ❑ No
Yes ❑ No