HomeMy WebLinkAboutC-3460(L) - Back Bay Science Center, Bid Package #3 (Concrete and Masonry)J
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9 RECORDING REQUESTED BY AND Recorded :n Official Records, „range County
WHEN RECORDED RETURN TO: Tom Daly, clerk -Recorder
co
V City Clerk
11111111111111111111111111111111IIIIII!li!II IIIIIIIIIIIIIIIIIIIII!!III No FEF
City of Newport Beach 2007000591987 04:17pm 10/01107
3300 Newport Boulevard 106 207 N12 1
Newport Beach, CA 92663 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 Romero General Construction Corp., of
Escondido, 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 Fidelity and Deposit Company of Maryland.
Y
blic Works Director
City 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 a Z 00 - , at Newport Beach, California.
BY (J[07L41-� M , "Je�V
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 Romero General Construction Corp., of
Escondido, 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 Fidelity and Deposit Company of Maryland.
,I , -
--P blic Works Director
City 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 x-00 7 , at Newport Beach, California.
BY dile r d'
City Clerk
C,y
September 25, 2008
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Romero General Construction Corporation
2150 N. Centre City Parkway Ste. 1
Escondido, CA 92026
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 Fidelity and Deposit Company of Maryland and the bond number is
7579611. 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
BACK BAY SCIENCE CENTER, BID PACKAGE #3 - (CONCRETE & MASONRY)
CONTRACT NO. 3460
BOND NO. 7579611
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 9,608.00 being at the rate of $ 12.50 / 10.00/ 8.75
thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Romero General Construction, Corp., hereinafter designated as the
"Principal", a contract for construction of BACK BAY SCIENCE CENTER, BID PACKAGE #3 -
(CONCRETE & MASONRY), 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 FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, 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 (INSERT CONTRACT DOLLAR AMOUNT) 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.
29
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shall in any way affect Its obligations on this Bond, and
it does hereby waive notice of any such change, extension of time, alterations or additions of the
Contract or to the work or to the specifications -
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 2ND day of MARCH 2006.
ROMERO GENERAL CONSTRUCTION
Name of Contractor (Principal) CORP.
FIDELITY AND DEPOSIT COMPANY
Name of Surety OF MARYLAND
801 N. BRAND BOULEVARD
GLENDALE, CA 91203
Address of Surety
818409-2815 PH.
818409-2820 FX.
Telephone/Fax
Authorized Agent Signature
VALERIE M. PEARCE
ATTORNEY-IN-FACT
Print Name and Title
0.
OL
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
10
CALIFORNIA ALL-PURPOSE A0KNOWLEDGMENT
State of Cal fomla
County of SAN DIEGO ss.
On MAR ®2 2006
before me, AUDI RODRIGUEZ, NOTARY PUBLIC
We Na" and TMN a ;;N4ti ;a,w Da, Notary
personally appeared VALERIE M. PEARCE
(q) a 80"hU1
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(p whose name) IsAM
subscribed to the within Instrument and
acknowledged to me that A/sheMW executed
the same In ]/herMM authorized
capacity(ies), and that by M/her;XWU
signaturek) on the Instrument the person(oo, or
the entity upon behalf of which the person(Ej
acted, executed the instrument.
WITNE my and and icl' eal
t
OPTIONAL .
Though the tnfomratlon below is not required bylaw, A may prove valuable to pemons te!ft on. the document and could prevent
haudutent renwW and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Cilpaclty(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Offloer — Title(s)
❑ Partner — ❑ Limited ❑ General
❑ Attomey-In-Fact
❑ Trustee
❑ Ouardlan or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT TI IUMBPRINT
OI -SIGNER
O 1888 NaVMW Noaly Auoa"M - 8860 De Soto Am, P.0, Box 24o2 • ChaMrorth, CA 81818.2402 wwa.nalbnah ryorV Prod. No. 6907 Raohd-: C4 WWros 1. *470 -*7
Bond Number: PRF7579611
ATTEST: FIDELITY AND DEPOSIT CON11PANY OF MARYLAND
Fac ot�os�.
�AItfl `i By:
Gerald F. Haley Assistant Secretary Frank E. Martin, Jr. vice President
State of Maryland1 ss:
County of Baltimore J
On this 2nd day of March , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and
qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each
acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said
officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
' %Soo g
Stephen G. Moxley Notary Public
My Commission Expires: November 1, 2007
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On April 11, 2006, before me, Michelle Badillo, Notary Public, personally appeared Jeff
Rohring,
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(a)e whose names) is/arm subscribed to the within instrument and
acknowledged to me that he/slcthey executed the same in his/heMheir authorized
capacity(ies), and that by his/her//their signature(s) on the instrument the person(&), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Description of Attached Document
MICHELLE BADILLO
Commission # 1395488
Notary Public - California
La
San Diego County
My Comm. Expires Jan 21, 2007
Title of Type of Document: Labor and Materials Bond #7579611
Document Date: 3/2/06
Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑
Individival
❑
Corporate Officer — Title(s):
❑
Partner - ❑Limited ❑General
❑
Attorney in Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing:
November 5, 2007
Mr. Jeff Rohring
Romero General Construction Corp.
2150 N. Centre City Parkway #1
Escondido, CA 92026
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
Subject: Back Bay Science Center (C-3460) - Bid Package #3 (Concrete and
Masonry)
Dear Mr. Rohring:
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. 2007000591987. The Surety for the contract is
Fidelity and Deposit Company of Maryland, and the bond number is 7579611.
Enclosed is the Labor & Materials Payment Bond.
Sincerely,
r
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
BACK BAY SCIENCE CENTER, BID PACKAGE #3 - (CONCRETE & MASONRY)
CONTRACT NO. 3460
BOND NO. 7579611
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Romero General Construction, Corp., hereinafter designated as the
"Principal," a contract for construction of BACK BAY SCIENCE CENTER, BID PACKAGE #3 -
(CONCRETE & MASONRY), 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 the 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, FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, 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 (INSERT CONTRACT DOLLAR AMOUNT) 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.
27
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this' Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.,
And Surety, for value received, hereby stipulates and agrees -that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed thereunder
or the specifications accompanying the same shall in any wise affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications„
In the event that any principal above named executed this Bond as an individual, it Is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 2ND day of MARCH , 2006.
ROMERO GENERAL CONSTRUCTION
Name of Contractor (Principal) CORP.
FIDELITY AND DEPOSIT COMPANY
Name of Surety OF MARYLAND
801 N. BRAND BOULEVARD
GLENDALE, CA 91203
Address of Surety
818-409-2815 PH.
818-409-2820 FX.
Telephone/Fax
Authorized Agent Signature
VALERIE M. PEARCE
ATTORNEY-IN-FACT
Print Name and Tifie
5
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL-PURPOSE AOIENOWLEDGMENT
State of Califomla
County of SAN DIEGO ss.
MAR 0 2 2006
On before me, AUDREY RODRIGUEZ, NOTARY PUBLIC
Oeb ".am TNN of WW (4.014 "V ooe, whry PW
personally appeared VALERIE M. PEARCE
Neme(q) a h?I "qo)
,
r
V personally known to me
O proved to me on the basis of satisfactory
evidence
to be the person(p whose name>R) isM
subscribed to the within Instrument and
acknowledged to me that f /she=# executed
the same In 3/herMWr authorized
capacity(ies), and that by M/herRM
signaturet) on the Instrument the person(jo, or
the entity upon behalf of which the person(jo
acted, executed the Instrument.
r
OPTIONAL
Though the khformalton below is not regdred by taw, it may prove vatuabte to persons raft on. the document and oodd prevent
haudutwd remove! and reattachment of Mls form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer
Signer's Name:
O Individtial To, of tht , h6
❑ Corporate Officer — Titie(s):
O Partner — 0 Umlted 0 General
O Attorney -In -Fact
0 Trustee
O Guardlan or Conservator
❑ Other
Signer Is Representing:
- .-..,, .....-,- � , rv. 0OX rwe 1 VIAWWOnh, CA 816/8.9402 4 www.ri%Omahotaty.org org Prod. No. 607 Norder: 00 Wree 1600 -078 -*7
Bond Number: PRF7579611
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by Frank E Iylartm, Jrr Vrce resident and Gerald F Haley Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By Laws`of sale company which are set forth ori thenet age hereof and are her certified tci be in full force and effect on
the date hereof, does here 5 titate, cQpstitute and appoint Valerie Ntedrearce i{ , ue and lawful agent and
Attorney -in -Fact to makes eXe�e, seal and deliver, for, and zr�(s be(i 'as surety, and as its act �iistld eeB{tdpr undertaking number
��:,
PRF7579611 issubehalf of Romero GeneralCon�l uCtioyfi dor . as Principal in
a penalty not to exceed the' tfm ofOne. Million One Hundred Thousand Six Hundrel$ ero CN -0-4-
1,197,600 01,197,600 i iirrdricecution of such boi?d pr AJ—drtaking in pursuance of thcstixeents sfi as binding upon said
company, as fully and arrt"H g2f,", l riteitts and purposes, as f t,had been ulyftcuted and ac owl' ed by the regulaply elected officers of the
Company at its office mal E e, MD, in their own properifons P
The said Assistant Secre s hereby certify that the extraGkSslforth ongage hereof is a true cop�rrticleon 2, of the By -Laws of
said Company, and is now uq T� s
IN WITNESS WHEitie said Vice -President and Asisartt2uek iaue hereunto subscribed £ili ttamd.rd affixed the Corporate
Seal of the said FIDELITVAft DEPOSIT COMPANY OF this ifid day of MaFeh , "A,D. 2006
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
DUO
4 ai,nc
Gerald F. Haley Assistant Secretary Frank E. Martin, Jr. Vice President
State of Marylandl ss:
County of Baltimore
On this 2nd day of March , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and
qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each
acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said
officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Stephen G. Moxley Notary Public
My Commission Expires: November 1, 2007
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or
Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the
concurrence of the Secret or an one of the Assistant Secretaries tq appoint Resident Vice -Presidents Assistant Vice -Presidents and Attorneys -
in -Fact asthe business `m,� -ay require, or to autl �: erson or persons to ex j� the Company any bonds,
undertaking, recognizan glicies, contracts, agi m, u and releases and asst en r[ients, decrees, mortgages
and instruments in the n e ,..and to affix the ser e C
'� Y thereto.
I, the undersigned, jap ecretary of the FIDELI DEPS ANY OF MAR , do rtify that the original
Power of Attorney of foregoing is a full, true an co , , ' rce and effect o ificate; and I do further
certify that the Vice-Pho executed the said Power , "f the additional = ecially authorized by the
Board of Directors to , y Attorney -in -Fact as provid Ie Vection 2, of the By o DELITY AND DEPOSIT
COMPANY OF MARYLAND.
:..-,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy
of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2nd day of
March 2006
'gyp OEI
tl
4'r.m
L.L. Goucher Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On April 11, 2006, before me, Michelle Badillo, Notary Public, personally appeared Jeff
Rohring,
® personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s)"whose name(s�--is/arersubscribed to the within instrument and
acknowledged to me that he/s4te/they executed the same in hisfiwkheir authorized
capacity(ies)- -and that by his/herheir signature(s) on the instrument the persons ,_or the
entity upon behalf of which the persoRo acted, executed the instrument.
WITNESS my hand and official seal.
Description of Attached Document
MICHELLE�O
Commission # 1395488
Notary Public • Calitomia
San Diego County
My Comm. Expires Jan 2 t 2001
Title of Type of Document: Faithful Performance Bond #7579611
Document Date: 3/2/06
Number of Pages: 1
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑
Individival
❑
Corporate Officer — Title(s):
❑
Partner - ❑Limited ❑General
❑
Attorney in Fact
❑
Trustee
❑
Guardian or Conservator
❑
Other:
Signer Is Representing:
CITY CLERK
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACK BAY SCIENCE CENTER, BID PACKAGE #3 - (CONCRETE & MASONRY)
CONTRACT NO. 3460
CONTRACT
THIS AGREEMENT, entered into this 1st day of March, 2006, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Romero General Construction, Corp.,
hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
BACK BAY SCIENCE CENTER, BID PACKAGE #3 - (CONCRETE & MASONRY)
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.
21
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 ($998,000.00).
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
Romero General Const. Corp.
2150 N Centre City Parkway #1
Escondido, CA. 92026
Attention: Jeff Rohring
(760) 489-8412
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.
t�
ATTEST: u F yj CITY OF NEWPORT
A MunicipJrRoratl
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By:�
CI Y CLERK Ma r
APPROVED AS TO FORM:
A"-� C -
R r'� ,
CITY ATTORNEY
CONTR CTOR
By:
iJ
Corporate bfficer)
Title:
Print Name:
By:
Financial Office )
Title:
Print Name:-C��4'�11�'l,
RPR -06-2006
57 FROM:
07:�q6
TO:819496443318 P.1/1
Fax#:
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CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received. SA 6 Dept.//Contact Received From: `rh"ig PL
Date Completed : -166 (
: to
Sent to: YtQ C, /1 /By: _"a
Company/Person required to have certificate: DNM C.✓b ?Cru-GiX 1A►1 -st��
1.
GENERAL LIABILITY ,
A. INSURANCE COMPANY: Uf k"C�1 nt4 fGWe -11.. 6►21
B. AM BEST RATING (A: VII or greater): A —X
C.
ADMITTED Company (Must be California Admitted):
A.
INSURANCE COMPANY:
Is Company admitted in California?
Yes
❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
'Conva a 9j
IM,,,•/ OCL
E.
PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included?es
ff
No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided?
officers, officials, employees and volunteers): Is it included?
Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be included):
officers, officials, employees and volunteers). Is it included?
Is it included?
�,�
L�4s
(] No
H.
CAUTION! (Confirm that loss or liability of the named insured is not
Is it included? N IA—
limited solely by their negligence) Does endorsement include "solely by
❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
negligence" wording?
El Yes
��
I►!I No
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.
A.
II. AUTOMOBILE LIABILITY �+ � (A
A.
INSURANCE COMPANY:
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 min. BI & PD and $500,000 UM): What is limits provided?
Mu*/
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers). Is it included?
2 Yes
❑ No
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers nly):
Is it included? N IA—
❑ 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_
Ill. WORKERS' COMPENSATION
J I Y ��+''� a
A.
INSURANCE COMPANY: V m,
B.
AM BEST RATING (A: VII or greater): �X
C.
D.
LIMITS: Statutory
WAIVER OF SUBROGATION (To include): Is it included?Ye
❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
Yes
❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?