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HomeMy WebLinkAboutC-4311 - Construction Services Contract for Office Construction Services for The Office of the City Attorney�X CONSTRUCTION SERVICES CONTRACT WITH R.G. FLEMING, INC. DBA FLEMING CONSTRUCTION SERVICES FOR OFFICE CONSTRUCTION SERVICES FOR THE OFFICE OF THE CITY ATTORNEY THIS CONTRACT is made and entered into as of this 6A day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Caipwation V ( "City"), and R.G. FLEMING INC., doing business as ( "DBA ") FLEMING CONSTRUCTION SERVICES, whose address is 33866 Zarzito Drive, Dana Point, California, 92629 ( "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 demo an existing small office and hall space and construct an office approximately 6'8" x T8" and a small storage area, including a lay -in ceiling and new 2x4 fluorescent lights. C. City desires to engage Contractor to perform the construction work for the new office and storage space ( "Project°.) Contractor has agreed to perform the Project over four (4) weeks upon start of construction. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Contractor for purposes of the Project, shall be Rick Fleming. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 3& day of September, 2009, unless terminated earlier as set forth herein. 2. 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 Gass 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. 2.1 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. 2.2 Contractor shall perform all work on weekends arWor after 5:30 p.m. on weekdays. 3. 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 by Contractor to meet this deadline may result in termination of this Agreement by City and assessment of damages as outlined in Section 3.1. All work shall be completed by September 30, 2009. 3.1 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 Fifty Dollars ($50.00) for each calendar day beyond the date scheduled for completion provided in Section 3 of this Agreement assuming that the Contractor has access to the space on upon notice of commencement by the Project Administrator. Execution of this Agreement shall constitute agreement by the City and Contractor that Fifty Dollars ($50.00) 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 tine.. 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. 2 4. 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 Twenty Six Thousand Four Hundred Seventy Eight Dollars and 00/100 ($26,478.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. City shall pay Contractor no later than thirty (30) days after approval of the final invoice by City staff. 5. ADMINISTRATION This Agreement will be administered by the Office of the City Attorney. David ' Hunt 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. 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1 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. 6.2 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. 6.3 Contractor shall secure building during construction occurring after normal business hours and on weekends. 6.4 Contractor represents that all tools, materials, equipment and debris will be contained in construction area in a neat and orderly manner so as to not interfer with regular business activities or functions of the office. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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. 3 7.2 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. 7.3 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 subconcontractors 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. 7.4 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. 7.5 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. 7.6 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 7.3 above. 7.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. 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 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. 4 9. 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. 10. 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. 5 ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either 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 0 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. 11. 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 (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. 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. 7 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 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. 14. 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. 15. 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: David Hunt Office of the City Attorney City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA, 92660 Phone: 949 - 644 -3152 Fax: 949 -644 -3155 W All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Richard Fleming R.G. Fleming, Inc., dba Fleming Construction Services 33866 Zarzito Drive. Dana Point, CA 92629 Phone: (949) 661 -4961 Fax: (949) 661 -6495 16. 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 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. IJ 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. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: r By. Leilani Brown, City Clerk UII :y ��RNIA CITY OF NEWPORT BEACH, A Municipal Corporation David Hunt " Office of the City Attorney CONTRACTOR: R.G. Fleming, Inc., dba Fleming Construction Services M_ Ri6hard'F1emifig ,/" President/Treasurer Attachments: Exhibit A—Scope of Work/ Rates Exhibit B—Labor and Materials Payment Bond Exhibit C— Faithful Performance Bond 11 t'B- 26-2009 10:25P,FROM: TO:6502014 P: 217 ,® R.G. E.J. MI-W lmm RICK SCOTT CITY OF NEWPORT BEACH (SAL SE RVIM DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 9UN S*act MY ATTORNEY OFFICE RENOVATKINS Jab No: E N R.V. &m. ood from work on the (Onw improvaneMs for em remodel work of the A#Mfey OIRae d 3300 Newport Blvd. we are rely irreeessted in beidg Ile OONIb7CtOr tir:t you 8l104t e0 perWrm this work. The prtoe of Twee* Sk Tiwwsrd Four Hundred 8ownyr WeM DO#m 026.4n.Oh1 Is basest on aw follm sooye of work. exokerl M end qMsll4qatlM. Office fanwbree fore m now office and *dw***uU" area is by City of Newpod Work ft to be cif bares in ooa*w space. The proposed ptfce era kKft CRY pamhs, plan check fees Of processing. Trio I c V - s d price Nlcktdes painnsnt and pmfomumoe ban&. Plomm let nw know if tlwse wM be roq*W as their fire 2 rree(a to proosm Trio wady should tslce 3 to 4 wASke,W bulM out figured on waking 00 hours for eanshvcbon In oxiolne office spans. Pelor to eorabuctiwy w4 WIN need 2 to 3 weeks to pwPa m qmp Irian for bu[It![n0 depwbnwd approval• The MMKO1nd prooee s would de Oeleerins,ttls start tK oarpNeyrA{gn. Wo Mrould eatleip*" an over tike gowrfer aoprovg process Imes eru . the relatlorrshyl between the city d"MAW"ft, Thm* yon spin for showing R.M.Pwing kit. to bid this WaNcL If you Mw pigs woulons ""raw" proposal, plem call nra d 949l878.6d77 (ftll . 1 � i:.°..�:, � � _ • -; � is d;, a<�. �: , r 1 ft(3.FL3iG INC. 33866 ZWzlb Drioe Dena POK .CA 02WO 84l1/661.9I161 Fate 949f6614495 uC # mm P:3,7 R.G. FL E M IS INC uc o mm OFFICE SPACE REWORK NEYYPORieEACF4 CA AREA: = &F. CONSTRUCTM ESTIMATE --- RATE: fae .w J"W roVIFIOn arztJOM TM WORK MS TO Deco THE ERSTWO 2 SNRLL VFFICHW ADLH:EMTTO THE AOMUSSTRATNE ASSISTANT. CREATE AN OFFICE APFRm t-W x P -6"ANO A SMALL STU RA6EAFtK *KlLCMAIAY#ICaUNGA1051MV2:4 F MORESWITLOMIS- EXCLIJOES REANOAK OF EXIMM WORK STAT*Wkw )M aysofns) MICUAES REPLACOAENTCFEMMARUCMMNZT JES. FW I X TODESW/Vt70EXIMMM MOTE TWIT THE ADIAMM&TwITWE,ASSISTANT WL L NEED TO R$OP.ATE FOR TFE DURATION OF TIMS PROdCi.'f. MAKE Md TOTAL SNIF coats: WWWORK $0 0130 2AOO 0 CARPENTRY o MSC. IRON s WATERPROOFING o QOORS/FRAUMNAROWARE as GLASS d GLAZING O DRYWALU OISU}1TXM cow CERAMIC TTL.E 0 FOOSN CARPENTRY 0 PAINTING E WALLCOVERING 1.eoo. TOLFTACCCSSORIE8 O MISC. SPECIALTIES 0 PLLAVvNO O N.V.A.C. T a00 FIRE SPRINKLER 0 ELECTRICAL 1A W 9TIEGENERAL 0 e wxt w -lots. TO:6502014 P:4,7 i C"?_f,:-7- �wjT .., a 0 1 us zesoeo 2w e 0 0 0 0 to o 0 0 • 0 0 0 t EA S" as O O 0 0 0 0 O 0 0 0. • 0 bmff x .2ovs. FEB *26 -2009 10:25P FROM ro:6502014 P: 517 MBV WTEMM VA%U,S SOMPATOWREP rt arEWCPSEOPENW(t MEWIAY MCELM16 0 0 arim o 0 0 0 0 0 0 • 0 1 1s ZSODAG 2AW 0 0 . 0 I LS 1AMM 7,OOY 0 0 0 0 emmr W .fOFf• WORM RpAMMSUPPLYCWLL,ES t DOW F WI LKRROYGWOMABt A004z4 LAY N LK MS AOOOouNENIPM0U"Em "K*NKRTA Orw (CANE WY071UNq e e 0 0 a D O 0 0 0 0 0 1 LS 7,0lOAO tAeD I Ui 0 Y EA 0 rF o z 6A o z EA o 0 0 0 v e o 0 e a e 0 e 0 0 0 r� o v e 2f we 4vly i1�b16 11 1 I1 -9400• AI. JAMS :*Vo Wakes Ave MEN" �owrlr 'sMOUV�unrnn3ticer3unNls�airar�N i Wooffi M sMOnnwsw*3Lvn - 0 Lf0AY1anuNmmvcm asw :1JBro4t4- AO SIA/b N00%M $19050!' K Y i1V111rltr S�SION Of Yi111011d�J10YF10 �R741ii1110 JN10M 1M?1 Stlf ION Np41�1{bysNOp by'ylAiy - A7N09NNMIW'J.*vmmwglplwLw SI OMkMIM N3L am 11RI0<pm - 1 NUMLAOI10- SMK53001009 SPIL4M19LSW11 2NN911011M1M000SNU- G.10 ohoakf M3MMOiOV1AM- SadOtlISJSNM011AL31I8311- 7 MOMLSSE140 SNOLLOgWDOAN3V&MMBOOIl0i1MGWWW- POMMOWLTIVMV WV0: S=fBO/WMaVN""dSM Mj&W407W019M- SNOLLVNMOBL9 Q19V01unnVS V VIVO lamN- L.L:d b102OS9:01 :WO8-4 d92:OT 6002- 92 °83j EXHIBIT B CITY OF NEWPORT 13EACH BOND NO. 70753899 OR AND MATERIALS PAYMENT 13 WHEREAS, the City of Newport Beach, State of California, has awarded to R.G. FLEMING, INC., dba FLEMING CONSTRUCTION SERVICES hereinafter designated as the "Principal," a contract for OFFICE CONSTRUCTION SERVICES AT THE OFFICE OF THE CITY ATTORNEY, located at 3300 Newport Blvd., 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, Wes ein'Surety Com any 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 $26, 478.00 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, jointlyand 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 matefials, provisions, or other supplies, Implements or madUnery 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Catifomia. 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 wwrdarm with the provisions of Sections 3247 at 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 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. 13 8.S:d 620S9S89S6S:01 :W021dW 1:129:11 2662 -LS -WW 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 .l4th dayof July 2009, Richard Fleming Name.of Contractor (Principal) A thorlzed.Signatunetritle Western Surety Company Name of Surety 101 South Phillips Avenue ,Sioux.Falls,. SD 57117 Address of Surety 800- 331 =6053 Telephone i Cynthia Ann Shaw /Attorney -In -Fact �Q�SRRE) "y�O2 z z ��UTH ❑P���P NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 14 B�9:d 020S9S89i6t:01 :WEIa.4 e2s:tt 3M -it -amt CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On Data personally appeared I j.� wLAA � A•AAA %PHILLIP R. GUSTAVSON H COMM. #1788805 OTARY PUBLIC • CALIPORNIA ..I ORANGE COUNTY O Y Comm. Expiry January 21, 2012 Place Notary Soal Above who proved to me on the basis of satisfactory evidence to be the person() whose name() is/ge subscribed to the within instrument and acknowledged to me that he /shW'k executed the same in his/&r/thl'r authorized capacity(l), and that by his/06rMeir signatureM on the Instrument the person(;), or the entity upon behalf of which the person (l) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d d fic I al Signature va ,e Na ary PUhNc OPTIONAL Though Me information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of thle form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capeclty(les) ClalmeZNQSigner(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb hors Number df Pages: _ Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ Partner — ❑ Limited ❑General ❑ rney In Fact ❑ Truste ❑ Guardian or nservator CI Other: Signer Is Representing R1 OF SICMER 'e�CV .ate a�CwR� 'e�i ".✓Na _ Q_ _ .v�..�{�✓ ✓ CNA 7/10/2009 2:14:14 PM PACE 2/004 Fax Server ❑ Acknowledgment of Principal ' © Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA: . ee COUNTY -O�FJ t SSa�cramento i On date haelnskrt name and.title of the afka Personally appeared (yn -hia Ann. Shaw m=e(s) of aignffr x) . who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed . to the within instrument and acknowledged to me that he/she/they executed the same in His/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of.Cahibrnia that the foregoing paragraph is true and correct. ��BARAH M. NEILI 44ITNESS�my hand and official seal. ��. N Signature �-. C (Seal) Mr cau E roes, sa6 tt (The balance of this page is Intentionally left blank.) Westem sully company Pam 190-11•2002 CNA 7/10%2009 2:14:14 PM PARE 3/004 Fax Server Western Surety Comp'a'ny POWER OP ATTORNEY - CERTH -1 D.COPY Soad Mo. 707 538 99 . $now All Man By These Prmante, that WESTERN SVRSTY COMPANY; a corporation duly ozganiw i gad existing under the laws of the State of Smith Dakota, and having its principal office in Sioux Falls, South Dakota (the •CompagyI, doee.by thmepraeenta make; mmatitute aid appoint Cynthia Ann Shaw its tcu® and lawfel attorney(s)- in-fact, with full power and authority hereby conferred, to execute, acknowledge end deliver for and units lie]ualf u Barely, bonds far: . Principal: R. G. Flening, Inc.. . Obligee: City of Newport Beach ' Amount: $300,000.00 .. end to bind the Companjthereby m fell and to the same extent as if such heads were signed by the Barium Vice president, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attoigry(a)4-fnct may, do within the above stated limitations. Said appointmemd is made mule: and by authority of the following bylaw of Wasters Surety Company which remain s in5d1 farce and effect. . •SccMon T. All bonds, policics, rmdcrtoldage, powers of Attamry or other obligation" of the corporation shall bo exco red is the corporate unarm of the Company by the Prasideab, Secretary, any Assistant Secretary, Treasurer, a any Vim president or by such other officers u the Board of Directors coq audhaiae. The Preddom, any Vice President, Secretary, agy.Awistent Secretary, or the Treasurer mry appoint Attorneys in Fact a agents who shall have authority to inane bonds: Dtdicies, or undertakings is the none of the Company. . The cooperate seal is net necessary far the validity of any bonds policies, undertakings, ings, Powers of Attorney or other oftaticam of the . . eoriamation.'fie mignature of any such afgner and the rn Tarata aril may im printed by faotrnile." " All authority hereby cauhrred&A expire and teeminate, without notice, unless used before midnight' of December 1 1009 , but u .W sonhii. shall bar irravoeable and in fnllfeme and affect. In Wifaem Whereof, Wertera Surety Company has canoed theme presents to be eigued by its Sealer Vim President, Paul T. B}gffat, and its to be affixed this 10th day of July -.2009 WErTR SUREM COMPANY a r x.�� � � f.,d.A PaviT.Bnrfka 'crVuePraeide� yea Onthis 10th day of July ,ia Lhe year 2009 ,luefureme, aiwtarypubllu:,persoaall aypmred Paul T. BruBak, who being to me Judy swma, acknowledged that he signed the above Power of Attorney m the aforesaid office of VESTERbk SUR.M COMPANY and acknowledged maid im4vment to be the voluntary act and deed of e d corporsttmr- . 0. KRELL No" PUBLIC SOUTH CAN7Bt Notary Putehc- Southl7akola M \ \ \ \\\ \N \NNNN1 \N f My Convnisdon ErWres Nrvearber 30 .2012 I the undorelpmd officer of Weatom Surety Company, a stock corporation of tbo Stoto of South Dakota, an hereby ecrtify.that the attached Power of Attorney is in fail fore and effort and is irrevocable, and feiihernore, that Sectien f ofthe bylaws of the GumspmV pm and firth in the Power of Atsamay fa now in f are, In testimow whereof, I hnva hereunto set my hand and seal of Western Surety Company Sofa loth day of July 2009 . WEST R S U.A 95# COMPANY Paul T. VacePresldent Form PS3094-2M EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 70753899 FAITHFUL PERFORMANCE BOND The premium charges on this Bond Is $ 794.00 being-at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R.G. FLEMING, INC. dba FLEMING CONSTRUCTION SERVICES hereinafter designated as the 'Principal, a contract for the OFFICE CONSTRUCTION SERVICES AT THE OFFICE OF THE CITY ATTORNEY, located at 3300 Newport 131vd., 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 for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company duly autha'ized 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 $20,478.00 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 perromied at the time and in the manner therein specified, and In all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers; employees and agents, as therein stipulated, then, Surety will faithfully perform the same; in an amount riot exceeding the sum specified in this Bond; otherwise this obligation shall become null and vold. 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 spedficatkxts. 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 Protect by the any. 15 B,.Z:d 02OS9989161:01 :14021d HFS:tt 2002- Lt -duw 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 WHEI� ?fhthis instruTep has been duly executed by the Principal and Surety above named, on the day of u y Richard Fleming Name of Contractor (Principal) Western Surety Company me of Surety. 101 South Phillips Avenue Sioux Falls, S,D 57117 Address of Surety 800 -131 76053 Telephone I cvnthia Ann Shaw /Attorney -ln -Fact Qv$URETy ,. c� y i YI 1' � z z spG18 UAWP7�1 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 16 8'i8�d @2{�9S�9S6S�171 twwzi H£S :St 2802 -0 -ww CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .cr— m�'. cr�s,�a�+.�d�r,:�°.C.s�.w.� -s•r State of California County of On r7 oC, Dal personally appeared PHILLIP R. GUSTAVSON� COMM. #1788805 U NOTARY PUBLIC •CALIFORNIA ORANGE COUNTY 0 %FMY Comm. Eaplree,fameary 21, 2818 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(k) whose name(N) WAre subscribed to the within Instrument and acknowledged to me that he /sk/t*y executed the same in his/hArAtlbir authorized capacity(ift), and that by hisAr/thbir signature4) on the instrument the person( $), or the entity upon behalf of which the person(t) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my t I of , i al. Signature �M atur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to all+ or document. Description c I Title or Type of Document DatE Signer(s) Capaclty(les) Claimed by Signer's Name: ❑ Individual • Corporate Officer —Title(s): • Partner — ❑ Limited ❑ General • Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: fiNMIRM Top of thumb here Signer's NaI ❑ Individual Corporate Officer — TIBe(s): _ 'Partner — ❑ Limited ❑ General ❑ Attoilrett In Fact ❑ Trustee \ ❑ Guardian or ❑ Other: Signer Is CNA 7/10/2009 2:14:14 PM PAGE 2/004 Fax Server ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) . " STATE OF CALIFORNIA Be t COUNTY OFF ,Sacramento �} On / — ILA " ©c l before me, date hereiveert name andAitle of the officer personally appeared_ Cun =hia Ann Shaw nama(a)nfaianer(n) � who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subacribed . to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(a) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------- SARAH M. MARINELLI o� SoM BWTTNESS�d and ilicial a xsl� '�vj /n s�cnwurocoanr th COyM. Ers. 8E4.3 PDIP Signature (Seal) (The balance of this page Is Intentionally left blank.) Weebm surely Ccm"W Form 1900614008 CNA 7/10/2008 2:14:14 PM PAGE 3/004 Fax Server Western Surety Company POWER OP ATTORNEY - CERTHM D COPY " $ondNo. 70753899 $naw All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly aiganized and existing under the laps of file State of Set& Dakota, end having its principal office is Sioux Falls, South Dakota (the "Company'), doeow these pteeeute make, constitute end appoint Cynthia Alin BhiaW its true and lawful attarnhy(sHn- act. with full power and authority hereby conferred, to execute, acknowledge and deliver for and units behalf as Surety, lwadaftw: Principal: R. G. Fleeing, Inc. Obligee: City of Newport Beacz Amain $300,000.00 . . ' and to bind the Company thereby ea fially end to the mama extent as if much bonds were signed by the Semim Vice President, sealed'wid, the corporate zeal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorpeyo)- ia-fact may do within the above stated limitsti'ms Said appointment is muds under and by authority of the ibllowing bylaw of Western Surety Company which remains infull fore and effect. 'Scation 7. All bonds, policfm, hndertolungs, Powers of Attorney or other obligation of the corpvraton shall bo oxecuted in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or arty Vice President or by such other oi8wrs as the Board of Directors may authorize. The President, any Pace President, Secretary, any.Asaiekant Secretary, or the Treasurer may appoint Attorneys in Factor agents who vball have authority to ism bonds, policies, orundeytakings in the name oi'the Company. . The corporate veal is act caeessery for the validity of say bonds, policies, undertakings, Powers of Attorney or other oidigstioos of the mrinration. Tko signature afary such afar and the corporate Real may he prinW by fosdmile..." All autharttyhareby cexrred shall expire and termite, without notice, unless used befra mtdrdCj&sf December 1 7009 , but on tilauehdranalullbeirresaeable mudinfullisma sadeffnat. In W3tneas Whertot Western Surety Company has tamed these presents to be dgmd by its 8mior Vice President, Paul T. Bruflat, and its to beaffinedthis loth day of July 2D09 .1. WEST R SU RE COMPANY a¢ Pxul T. Br uffa^ nior Vies Pie ddcut AMW a tr On this 10th day of July ,Wtlm year 2009 ,before mm,auotary puldkg perhuonnlly appeared Paul T. Bruflat, who being to me duly swmu, acknowledged that be z geed the above Power of Attorney as the afnwaid officer of W -EKERN SURETY CCMPANY =1 acknowledged said instrument to be the voluntary act and deed of a }d omporation. _ hA�N\ b. 1 KRELMN\MN KNELL K3 1j \llC /J•IIiI Y ///t WNW PWLIC ROM AIlem Notary Public - Soh Dakota M \ \NNN \ \N..... . My CommdWon Erplres Nmvarrber 30, 2012 I the ntdertigned 4ccr of Western Surety Company, a steak corporation of the State of South Dakota, do hereby eortify.thnt the attached Power of Attorney is in fell force and effect and is irrevocable, and fiut6rrmore, that Section T ofthe bylaws of the C®pmry Am set firth in the Power ofAttmsey is new in Imes. In t zany whereof, I ha hereunto act ay hand end seal of Western Surety Company this 10th dry of . WEST R SURE COMPANY Pau1T. orPrceloresideat Porn M0842M 03/09/2009 14:21 FAX 9497152047 �.--. I M DATE (MWDWM ^41E. >I�o' CERTIFICATE OF LIABILITY INSURANCE 03/09/09 ii� . PRODUCER Beach Cities insuiance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1105 N Coast Highway HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Laguna Beach CA 92651 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plume (949)494 -0421 Fax (949)494 -0956 INSURERS AFFORDING COVERAGE 14AIC 9 INSURER A State National insurance CD INSURED R.G Fleming. Inc. . INSURER B 33866 Zarzito Drive INSURER(! Dana Point. CA 92629 INSUREH D INSURER E COVERAGES INSURERI THE POI IMES Ur INSURANCE LIST FD HAVF 1TFEN ISSUED TO IRE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY RFUUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANC CONOR"KINS OF SUCH POLICIE i AGGREGATE MITTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADWI. TYPE OF INSURANCE POLICY NUMBER 'P0UrY EFFEGTIW' POLICY 9MI%AT10N LIMBS LTR IR5Re DATEINieDTRYYI OATEIkWODIYY) GENERAL L"LIY J. COMMERCIAL GENERAL LIAI10.fTY OR1000356 A J CLANSMADE J OCCUR GEN'L AGGREGATE LIMIT APPI IFS PER' V POLICY PROJECT IOC. AUTOMC81LE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOUI.En AUTOS ERRED AU I OS NON OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESSILIMBRELLA UABIJTY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY 'ROPRIETOR I PARTNER I EXECUTIVE OFFICER I MEMBER EXCLUDED? If yes describe urbe, SPECIAL PROVISIONS below OTHER EACH OCCURRENCE 1,000,000 DAMMACE TO RENTED 100,000 06/05108 08105109 'PREMISES (Ea ccairence) MEDEXP(Arrycrre Person) 5,000 PERSONAL 5 ADV INJURY 1,000,000 GENERAL AGGREGATE 2,000.000 ' PRODUCTS - COMP /OP AGG 2.000,000 COMBINED SINGLE I wffl (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per acadent) PROPERTY DAMAGE (Per acortenl) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY- AGG EACH OCCURRENCE AGGREGATE WC STATU. OTH. . TORY LIMITS ER : EL EACH ACCIDENT E L. DISEASE - EA EMPLOYEE E.I. DISEASE -POLICY LIMIT o6cmPTTON OP OPERATIONS I LOCATKSNs I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contractor - Remodeling - Residential Job Location. Cliff DnYe Park, 301 Riveisafe Ave.. Newport Beach CA 92260 ;City of Newport Beads is named additional insured per the attached endorsement CGL!816 01U6 'Waiver of Subrogation is included CG2404 0509 and Primary and non- conlrihufory wording CGLIB16 0509 `EXCEPT 10 DAYS FOR NON - PAYMENT CERTIFICATE HOLDER City Of Newport Beach 3300 Newport Blvd Newport Beach. CA 92860 ACORtr 25 (20010!1) OF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPItA'R_OH DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL '30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT] THE •�O�BRB-69RPARATION t98B 03/09/2009 14:21 FAX 9497152047 .Potic:y fl: ORIIP)W'56 1000:5 CGL 1616 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - PRIMARY AND NON - CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Location(s) Of Covered Oper C11 y Ut Newport. livwch Cliff Drive Perk 301 Riverside Ave. N v w p o I i fienc h, CA 92260 A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. It is agreed that the insurance provided for the benefit of the above additional insured(s) shall be primary and non - contributory, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by. 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CGL 1816 0106 Includes copyrignted material of Insurance services Office. Inc. with Its Page 1 of 1 ❑ permission. C ISO Properties, Inc, 2004 univaizuuv ra:Zz r3A uvvilaevaf POLICY NUMBER: OF 1()0035r Vy VVY COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Newport )Inrush The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: 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 ansing 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. C-3 24 04 05 09 © Insurance Services Office, Inc., 2008 Dedarations. Page 1 of 1 El