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HomeMy WebLinkAboutC-4231 - Contract for M/RS or Purchase and Installation of Fire Alarm at the Newport Beach Central LibraryCONTRACT WITH INTELLIGENT TECHNOLOGIES AND SERVICES, INC., DBA FACILITIES PROTECTIONS SYSTEMS FOR MAINTENANCE /REPAIR SERVICES OR PURCHASE AND INSTALLATION OF FIRE ALARM AT THE NEWPORT BEACH CENTRAL LIBRARY THIS CONTRACT is made and entered into as of this 't" - day , of 2009 by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Ch rter City ( "City "), and Intelligent Technologies and Services, Inc., dba Facilities Protection Systems, a California corporation, whose principal place of business is 1150 West Central Avenue, Suite D, Brea, California, 92821, ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to remodel the Central Library Bookstore. C. City desires to engage Contractor to remove and replace existing fire alarm system at the Central Library ( "Project'). Contractor has agreed to perform the Project over a 60- Day period, commencing on May 12, 2009. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 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 necessary for the Project. 2. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure 3. 4. by Contractor to meet this deadline may result in termination of this Agreement by City and assessment of damages as outlined in Section 2.1. 2.1 The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should the Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the work called for in this Agreement on the date outlined above, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars ($500.00) for each calendar day beyond the date scheduled for completion provided in Section 2 of this Agreement assuming that the Contractor has access to the space on July 20, 2009, as described herein. Execution of this Agreement shall constitute agreement by the City and Contractor that Five Hundred Dollars ($500.00) per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Thousand, Four Hundred Ninety -Five and 001100 Dollars ($4,495.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. ADMINISTRATION This Agreement will be administered by the Public Works Department. Fong Tse shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 5.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 5.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 6. RESPONSIBILITY FOR DAMAGES OR INJURY 6.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subconcontractors, or its workers, or anyone employed by either of them. 6.2 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. 6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and employees 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 damage, 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 Agreement; (2) use of improper materials in performing this Project including, without limitation, defects in workmanship or materials and /or design defects; and/or (3) any and all claims asserted by Contractor's subcon contractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, ifs officers or employees. 6.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 6.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement 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. 6.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Agreement, except to the extent provided in Section 6.3 above. 6.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 7. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are 3 V] limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit or performance of any work. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. ii. General Liability Coverage. general liability insurance in ($1,000,000) per occurrenc property damage, including commercial general liability aggregate limit is used, eith El Contractor shall maintain commercial in amount not less than one million dollars for bodily injury, personal injury, and without limitation, contractual liability. If insurance or other form with a general ar the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. G. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 10. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent 5 (100 %) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit B which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibits C which is incorporated herein by this reference. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of Califomia, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed 14. 15. 16. sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3321 Fax: 949 -644 -3308 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: James Zaboski Intelligent Technologies and Services, Inc., dba Facilities Protection Systems 1150 West Central Avenue, Suite D Brea, CA 92821 Phone: 714 - 257 -2244 Fax: 714 - 257 -2240 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure 7 the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 17. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 18. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. 20. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 21. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 22. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 23. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 24. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 25. WARRANTY Contractor agrees that the Fire Alarm System installed pursuant to this Agreement shall be covered by a one year wear warranty as outlined in the Warranty Information, attached hereto as Exhibit D and incorporated in full by this reference. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Myn e D. BeauchAp, Assistant City Attorney for the City of Newport Beach ATTEST: 1,,�i� c By: v6-0uki Leilani Brown, City Clerk .doom i f7 U CITY OF NEWPORT BEACH, A Municipal Corpora_ n tephpeG. Badum Dir for of Public Works for the City of Newport Beach F A C I L I -N E -4 ROTE IT I SYS EMS By: Title: Printe: By: Title: �s Print Na e: Please note: Corporations must complete and sign even if each office is held by the same in Attachments: Exhibit A - Scope of Services Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond Exhibit D - Warranty Information i ' ewm above CITY OF NEWPORT BEACH BOND NO. 58660642 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Intelligent Technologies and Services, Inc., dba Facilities Protection Systems, hereinafter designated as the "Principal," a contract for the Newport Beach Central Library, located in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Western Surety 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 Four Thousand, Four Hundred Ninety -Five and 00/100 Dollars ($4,495.00) 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. 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 shall in any wise affect its obligations on this Bond, and if 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. 10 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 12th day of May 2009: Intelligent Technologies and Services, Inc. dba Facili esProte on yste s, Inc. 1150 W. Central Ave., Ste. D Brea, CA 92821 .. Name of Contractor (Principal) Au o ed Signature/Title Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117-5077 Address of Surety (605)336-0850___. Telephone Authorized fAgent Signature Nancy A. Clover, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED 11 ALL-PURPOSE ACKNOWLEDGMENT State of California /� County of SS. ���il5 On /VIA�� , before me, AMOIS� 4 • �Z /1/���vi DATE // personally appeared ux(l- 6 , who proved to me on the basis of satisfactory evidence to be the personofwhose name is/subscribed to the within instrument and acknowledged to me that he/� executed the same in his/ jb�tj.eif'a_uthorized capacity and that by his>cfr7thsignature�on the instrument the person , or the entity upon behalf of which the personcted, executed the instrument. CoM�`�,�Gc�� 1p1Z PLACE NOTARY SEAL INABOVE SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER E F APA01/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WW"CVALLEY-SIERRA.COM ©2005-2008 VALLEY -SIERRA INSURANCE PRINCIPAL ACKNOWLEDGMENT STATE OF COUNTY OF On , before me, a Notary Public in and for the above county, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: Signature of Notary SURETY ACKNOWLEDGMENT STATE OF MISSOURI COUNTY OF JACKSON) On May 12, 2009, before me, Kristina L. Fielder, a Notary Public in and for the above county, personally appeared Nancy A. Clover, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she is Attorney -in -Fact of Western Surety Company, a corporation organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his/her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: 06/02/2012 of Notary KRiSTINA L. FIELDER Notary Puhlic - Notary Seal STATE ".:`F NUSS( URI Cars County My Commissio,. `--xpires:.June 2, 2012 Commit ,on _-1'-'''`....'_`'' ���_i CITY OF NEWPORT BEACH BOND NO.58660642 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $(200..0.0), TWO, Hundred and 00/100„ being at the rate of $ 10.00/7.30/6.00/5.45/,4.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Intelligent Technologies and Services, Inc., dba Facilities Protection Systems, hereinafter designated as the "Principal," a contract for the Mai ntenance/Repair Services* {. located at the Newport Beach Central Library in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. *or Purchase and Installation of Fire Alarm at the Newport Beach Central Library WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company, PO Box 5077, Sioux Falls, SD 57117-5077 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 Four Thousand, Four Hundred Ninety -Five and 00/100 Dollars ($4,495.00) 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. 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 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. 12 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 12th day of May , 20 Q9. Intelligent Technologies and Services, Inc. dba Facili 'e Pro cti Sys ems, Inc. 1150 W. Central Ave., Ste. D Brea, CA 92821 Name of Contractor (Principal) Aujhoizdff SignaturelTitle Western Surety Company Name of Surety PO Box 5077 Sioux Falls, SD 57117-5077 Address of Surety (605)336-0850 Telephone rized($gent Signature Nancy A. Clover, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE ATTACHED F:\Users\PBW\Shared\Contracts\FY 08-09\Central Library Bookstore CA 008\CONTRAQT(S)\FacilIties Protection Systems\FORM - Maintenance -Repair Services or Purchase and Installation. doc 13 ALL-PURPOSE ACKNOWLEDGMENT State of California County of SS. On Aww 11� 12 -CM , before me, IWIWi l.576L ' . 00?E-0, /1J(1%� g'y AW6& , DRIE personally appeared 07 , who proved to me on the basis of satisfactory evidence to be the persona'j whose name/subscribed to the ithin instrument and acknowledged to me that he/ /executed the same in hist/t Ir authorized capacity and that by his/1 Ir signature' on the instrument the personaAl or the entity upon behalf of which the personWacted, executed the instrument. . "_ p *Z ��AR1So#A80gIFONNIA N COMM• ,�.cw. � NOIARV PUS N OMNEx�Pcko�. 8.2052 Mr Co>w►�• PLACE NOTARY SEAL IN ABOVE SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APA 01/2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM ©2005-2008 VALLEY -SIERRA INSURANCE PRINCIPAL ACKNOWLEDGMENT STATE OF COUNTY OF On . before me, a Notary Public in and for the above county, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: Signature of Notary SURETY ACKNOWLEDGMENT STATE OF MISSOURI COUNTY OF JACKSON On May 12. 2009, before me, Kristina L. Fielder, a Notary Public in and for the above county, personally appeared Nancy A. Clover, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she is Attomey -in -Fact of Western Surety Company, a corporation organized and existing under the laws of the State of South Dakota, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his/her voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission, Expires: 06102/2012 of Notary KRISTILdA L. FIELDER Notary Public - Notary Seal STATE OF MISSOURI Cass County My COm'niSsion Exoires: June 2, 2012 (.:rnmis<..m « 08567246 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a Soutb Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint David M. Lockton, Debra J. Scarborough, Mary T. Flanigan, Christy M. McCart, Clifford B. Young, Kathy L. Fagan, Laura E. Coon, Jeffrey C. Carey, Adam J. Cantu, Charles R. Teter III, Mark Duggan, Nancy A. Clover, Laura M. Murren, Melissa D. Evans, Ronald J. Lockton, Patrick T. Pribyl, Claudia Mandato, Individually of Kansas City, MO, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fullyand to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 16th day of December, 2008. WESTERN SURETY COMPANY .�'t OPPnAy�fiP ipi1v�`SEA �p,f °+N a Paul . BmOat, Senior Vice President Suite of South Dakota Ss County of Minnehaha On this 16th day of December, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires }444444444444444444444444 j D. KRELL November 30, 2012 r sEAt i�NOTARY PUBLIC _ SOUTH DANOTAs� r , }44444444444444454444444} D. Krell, Norary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of May 2009 � i"E , 'reo- WESTERN SURETY COMPANY :3P�SEAy rF � /'ll yc�/ L Nelson, Assistant Secretary Form F4290 -0906 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. N° 34'72 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE AMBHDED Certificate of Authority Tms Is so Cm =y. That, parmant to the Insurance Cods of the State of California, WESTERN SUnTr COMPANY Of SIOUX FALLS, SOUTH DAKOTA , organised under the Iatus of SOUTH DAKOTA , subject to its Articles of Incorporation or other fundametttaI organizational docmnents, is hereby mahm*;ed to transact within this State, subject to all provisions of this Certfficats, the following dams of bw m m- SURETY and LIABILITY as such dosses are now or may hereafter be defined in the Insurance Lams of tha State of California. Tins Cmmmc&=, Is espresdy conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of as applicable lows and Imofrd rega fitments mods under authority of the lame of the State of California as long as such lams or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN wrarass w>zmor, effective as of the 2 SZ —day of- - MARCH 1925, 1 have hereunto set my hand and caused my official sed to be aftsed ddr 21ST dayaf MARCH 1875 Fee WESLEY J. KINDER ra.aw::os corm kolm , Ate. No. Filed By /w NOTiCB: QuJification wits: the Secretary of State must be accomplished as required by the CalHernia Corporations Coda promptly after take of this Certificate of Authority. Failure to do so will be a violation of im. Code Sec 701 and will be grounds for revoking this pmti0eato of Authority pursuant to the wv®auts =de in the application therefor and the mndidom contained hereto. FG�� e0.a mu�w� M O DM meY c4lwjFacilities Protection Systems ' 1150 West Central Avenue, SuiteD • Brea, Cafifomia 92821 • TEL: (714) 257 -2244 FAX: (714) 257 -2240 MIKE Fire Alarm Distributor FPS PROPOSAL 08 -9906 To: Erik Beck Dale: 0411712009 LandWorks Dev. Ser. Total Pages: 2 Job Name: Newport Beach Library Location: 1000 Avocado Ave. Newport Beach, CA. 92660 Equipment Type: Fire Alarm System Scope of Work: Design and Build Facilities Protection Systems appreciates the opportunity to bid the library remodel and presents our proposal for a design/build Fire Alarm system which includes permits, product information, and one year factory warranty. Facilities Protection Systems Scope of Work Revised 04117109 Provide labor & Final Test • Remove and replace existing fire alarm panel not more than five feet from existing location. • Remove and Relocate one Manual Pull Station • Shut down FA panel, safe off wiring, relocate panel and complete wire extension & terminate. • Provide Pre -test & final testing with AHJ. • Project priced to include Prevailing Wage. Work Provided By Others: 1. Patching, painting and coring. 2. CAD files for design and engineering. 3. 120Var to fire alarm panel. 4. Pipe, (EMT or underground) & boxes. S. Primary and secondary phone lines for central monitoring station. Our Price Does Not Include: 1. System Monitoring 2. Any additional work added by the AHJ resulting from plan check or site inspection. 3. Any work not listed. 4. Permits or plan check fees. 5. Any make -up can or electrical gutters 6. Any conduit or electrical boxes. 7. Overtime or premium time labor 8. Fire watch due to system failure or new installation. 9. Union Labor. 10. Any after hour's labor will require a premium time charge. Total Price for installation, equipment, design, submittals and materials (Four Thousand Four Hundred Ninety Five Dollars) This proposal will remain valid for thirty (30 days from this date). Net thirty. Billing. Acceptance Date: Title: Facilities jj��Proteotio stems ae �� Title: Account Manager mdawson@fpsys.com LandWorks LandWorks Development Services 1072 SE Bristol St., Suite #209 Costa Mesa, CA 92626 May 21, 2009 RE: Newport Beach Central Library Friend's Bookstore Remodel Facilities Protection Systems Warranty Information To Whom It May Concern: Please find attached a sample warranty provided by Facilities Protection Systems. A final, signed copy will be provided by the contractor in the close -out package upon completion of the contract. Sincerely, Erik Beck LandWorks Development Services 714 - 662 -1132 1072 SE Bristol Street, Suite 209, Costa Mesa, CA 92626 Phone#: (714) 662-1132 WARRANTY /GUARANTEE Facilities Protection Systems (FPS), guarantees the complete Fire Protection System at: Owner: NEWPORT BEACH CENTRAL LIBRARY Location: 1000 AVOCADO AVE., NEWPORT BEACH, CA 92660 In accordance with the Drawings, Specifications, FPS Proposal # and all corresponding revisions and the standards set by the NFPA, pamphlet 72, and the State Fire Marshal. All systems components furnished under this contract are guaranteed against defect in design, material and workmanship, at no additional charge to Owner, for the full warranty time which is standard with the manufacturer and /or supplier, but in no case less than one year from the date of system acceptance ( 1. Any deficiencies which occur during the guarantee period, will be corrected to the satisfaction of the Owner and Architects and begin as soon as possible after receipt of written notification. When under maintenance contract with the installing contractor, FPS, the equipment warranty period will be extended up to a period of sixty (60) months after installation and original start-up of the system. Batteries and initiators /GCA's are limited to a one (1) year warranty. Facilities Protection Systems 0 Jack Gerard, General Manager Date: Conditions Applying to Warranty 1. The warranty does not cover the replacement costs of any agents or any components that may be damaged as result of a fire condition. 2. Facilities Protection System, must be notified immediately upon system actuation or trouble, and be allowed access to the area in order to establish and /or identify the cause of alarmttroubte. Furthermore, the user agrees to record vfikh panel and annunciator light(s) are energized, and have it verified by the responding fire department or other authority, before resetting or attempting to reset the control panel. 3. warranty Is vold if the cause is determined to be because of owner negligence, carelessness, abuse or misuse of the system. War- guar.doc Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: May 4, 2009 Dept. /Contact Received From: Shari Rooks Date Completed: May 4, 2009 Sent to: Shari Rooks By: Jennifer King Company /Person required to have certificate: GENERAL LIABILITY Intelligent Technologies & Services, Inc. dba: Facilities Protection Svstems A. INSURANCE COMPANY: Westport Insurance Corporation B. AM BEST RATING (A: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 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? $ I MM/$2MM/$ I MM 0/ K o ■ ❑ Yes E No E Yes ❑ No ❑ Yes E No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Casualty & Surety Company B. AM BEST RATING (A: VII or greater) A +;XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property & Casualty Company of America B. AM BEST RATING (A: VII or greater): A +: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No GL: Verify if Westport is Admitted or Non - Admitted, I believe they are non - admitted. If this is the case, Risk Management will have to review. GL: Additional Insured wording is not complete IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto: Additional Insured Endorsement was not attached 5/12/2009 — All open items have been addressed. ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE 5,,,/2,99 09""""' PRGDULER Lockton Companies, LLC -I Kansas City 444 W. 47th Street, Suite 900 Kansas City MO 64112 -1906 IS 16) 960 -9000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INTELLIGENT TECHNOLOGIES & SERVICES, INC. 1868 dba FACILITIES PROTECTION SYSTEMS INSURER A: Westport Insurance Co oration 39845 INSURER B: Travelers Casualty and Surety Company 19038 1150 W. CENTRAL AVENUE, SUITE D BREA CA 92821 -2259 INSURERC: TTeYeler3PropeAy C.S..Ity Compenyof America 25674 NSURER 0: NSURERS. COVERAGES FIKC00I V2 THIS CERTarCATE'RUIRSUAANCEDDES NOT CONSTITUTE A CONTRACT INSURERIS, ASTN0 ED REPRESENTATNE OR PRODUCER AND THE BETWEEN THE ISSUING CERTIFICATE HOLDER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 111T D' NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMMOIYY POLICY EXPIRATION DATE MMIODM LIMITS GENERAL LIABILITY IIACH OCCURRENCE $ 1,000,000 DA6IAGETORENTED PREMISES Ea DCarence $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OX OCCUR IRG47713 -5 5/31/2009 5/31/2009 MED EXP (Any one person ) $ 5,000 PERSONAL s AOV INJURY $ 1,000,000 X CROSS LIAB., X,C,U X CONTRACTUAL LIAB. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATEUMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 1,000,000 POLICY X P" LOG C AUTOMOBILE LIABILITY X ANY AUTO 810551 K I85A -08 (CA) 5/312008 513112009 COMBINED SINGLE LIMIT IE8 a iddevl) $ 1,1100,000 BODILY INJURY (Per peesonj $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY I (Per awrJtcar) is XXXXXXX X PHYSICALDAMAGE ,P° aE accident) DAMAGE 8 XXXXXXX X $500 COMP /$1000 COLL GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EAACC $ XXXXXXX ANY AUTO NOTAPPLICABLE $ XXXXXXX AUTO ONLY. AGG A EXCESSARIERELLA LIABILITY X OCCUR 0CLAIMS MADE IRE47843 5/3112008 5/31/2009 EACH OCCURRENCE $ 51100000 AGGREGATE $ 5,000,000 S XXXXXXX UMBRELLA OFORM 8 XXXXXXX DEDUCTIBLE $ XXXXXXX RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS? LLUSILITY IJB551 KI 117 -08 CA ( ) 5 /31/2008 5(31(2009 WCSTATU- 0TH. X TORY LIMITS I E.L.EACHACCIDENT $ 1,000,000 ANY PROPRIETORNARTNERIEXECUTIVE EL. DISEASE-EA EMPLOYE $ 1,000,000 OFFICENMEMBER EXCLUDED? I(ya descibe under NO SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: C -1696; NEWPORT BEACH CENTRAL LIBRARY REMODEL. City of Newport Beach, its officers, officials, employees and volunteers are added as additional insured on a primary and non - contributory covemge basis as respects liability coverage and subrogation is waived as respects WC, GL, AL, and Umbrella for this project as permitted by Slate. Insurance shown applies only to extent o(wrirten contract. 10467879 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 25(2001/081 Forw..rwN ar,.ai US, m -U,. weuu m.....,.faro SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL)WVEVKD=MAIL 30 DAYS WRTREN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, A@X A4MIexEmKM3= 'rA7.��T.7- nT.riaJ.T -T.TI r ra.TCC7:T:i WESTPORT INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY NAMED INSURED In consideration of the premium charged, it is agreet that the named insured in Item #I of the policy Declarations is amended to read as follows, but, for the purpose of giving and receiving notices and the payment or the return of premium, the first named insured shall be deemed the only named insured and shall act as the agent for any and all other named insureds: 1. Fike Corporation 2, Fike Energy Corporation 3. Fike International Corporation 4. Fike Leasing Corporation 5. Fike Sales Corporation 6. Fike International Sales Corporation 7. Intelligent Technologies & Services, Inc. d.b.a. Facilities Protection Systems 8. Newmark Industries, Inc. 9. Superior Electric, Inc. 10. Fike Metal Products Corp. 11. LCD Microsystems 12. Clovis Ethanol Facility 13. Cartridge Actuated Devices, Inc. 14. Nobel Alloy Valve 15. Fike Suppression Systems, Inc. 16. Suppression Systems, Inc. 17. Intelligent Technologies & Service, Inc. 18. Keller Fire & Safety, Inc. 19. "Any subsidiary owned 100% by Fike Corp. and to the extent of Fike Corp. interest herein, any company, corporation, or partnership or joint venture or other registered or unregistered trading entity in respect of which Fike Corp. exercised management control, situated worldwide." All other terns and conditions of this policy remain unchanged. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Endorsement Effective: 5/31/08 Policy Number: IRG47713 -5 Named Insured: Fike Corp. Miscellaneous Attachment: M4946 Certificate ID : 10467879 POLICY NUMBER: IRG47713 -5 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT YOU WILL WAIVE ANY RIGHT OF RECOVERY AGAINST SUCH PERSON OR ORGANIZATION. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc. 1992 Page 1 of 1 Miscellaneous Attachment : M40673 Certificate ID: 10467879 COMMERCIAL AUTO ENDORSEMENT - CA T3 40 02 99 POLICY NUMBER: 810551K185A -08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident', provided that the "accident' arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 02 99 Fike CA AUTO WOS Miscellaneous Attachment : M43718 Certificate ID : 10467879 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY POLICY NUMBER: (UB551K1117 -06) ENDORSEMENT WC 04 03 06 (01) -001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 00.00% OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEUDLE PERSON OR ORGANIZATION Any person or organization for Whom the named insured has Agreed by Written Contract to Furnish this Waiver Date of Issue: 05 -31 -08 ST ASSIGN: Fike CA WIC WOS Miscellaneous Attachment: M43715 Certificate ID: 10467879 JOB DESCRIPTION Various Jobs Installing Fire Suppression Systems And /or Electrical Wiring I;Zi10[�i'i�Pl r�ILI= 3�;AL-ZKiiLlk�: COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any such person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy and this edition date of endorsement is specified. (If no entry appears above, information required to complete thisendorsement will be shown in the Declarations as applicable to thisendorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured theperson or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Miscellaneous Attachment: M28357 Certificate ID: 10467879 WESTPORT INSURANCE CORPORATION THIS ENDORSEMENT CHANGED THE POLICY - PLEASE READ IT CAREFULLY PRIMARY AND NON - CONTRIBUTING INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART BUSINESSOWNERS LIABILITY COVERAGE FORM Section IV: Commercial General Liability Conditions, Paragraph 4, and all subparts thereof, as contained in the policy is deleted in its entirety and replaced with the following condition as respects the Third Party shown below: Section IV: Commercial General Liability Conditions Other Insurance: (a) The insurance provided by this policy is in all instances primary coverage. Any and all other valid and collectible insurance available to any party with whom any named insured has agreed by writter contract to provide such coverage on a primary basis for a loss covered by this policy shall in no instance be considered as primary, co- insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. All other terms and conditions of this policy shall remain unchanged. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise staled herein. (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Endorsement Effective: 531-08 Endorsement Serial #SP 2 839 0603 Miscellaneous Amehment : M4949 Certificate ID : 10467879 Policy Number: IRG 47713 -5 COMMERICAL AUTO POLICY POLICY NUMBER: 810551K185A -08 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Paragraph c, of the WHO IS INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraph a. or b. of the provisions, subject to the following additional provisions: 1. No liability is assumed by that person or organization for the payment of any premiums stated in the policy or earned under the policy. 2. This insurance is primary for the person or organization shown in the schedule, but only with respect to liability rising out of your work for that insured by or for you. Other insurance afforded that insured will apply as excess and not contribute to the insurance afforded by this endorsement. Person or Organization: AS PER WRITTEN CONTRACT EXECUTED PRIOR TO LOSS. Miscellaneous Attachment: M43719 Certificate ID : 10467879