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HomeMy WebLinkAboutC-3460(M) - Back Bay Science Center, Bid Package #4 (Structural Steel)Recorded in Official Records, Orange County Toin Daly, Clerk -Recorder I!IIIIIIIIIIlIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200700033936011:04am 05125/07 227 186 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Junior Steel Company, of Gardena, California, as Contractor, entered into a Contract on March 1, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460) Work on said Contract was completed, and was found to be acceptable on May 22, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. Norks Director Newport Beach VERIFICATION 1 certify, under penalty of nerlury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 0 07 at Newport Beach, California. BY GI . City Clerk Q 9 T RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: V City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Toin Daly, Clerk -Recorder I!IIIIIIIIIIlIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200700033936011:04am 05125/07 227 186 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Junior Steel Company, of Gardena, California, as Contractor, entered into a Contract on March 1, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460) Work on said Contract was completed, and was found to be acceptable on May 22, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. Norks Director Newport Beach VERIFICATION 1 certify, under penalty of nerlury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 0 07 at Newport Beach, California. BY GI . City Clerk RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Junior Steel Company, of Gardena, California, as Contractor, entered into a Contract on March 1, 2006. Said Contract set forth certain improvements, as follows: Back Bay Science Center (C-3460) Work on said Contract was completed, and was found to be acceptable on May 22, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. orks Director City# Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on4th. , at Newport Beach, California. r S EW/ BY City Clerk �'cORN1� May 22, 2008 Junior Steel Company 146 W. 1681hStreet Gardena, CA 90248 • •r11,1140001 OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Subject: Back Bay Science Center (C-3460) To Whom It May Concern: On May 22, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on June 29, 2007. The Surety for the contract is Arch Insurance Company and the bond number is SU1020815. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Gail P. Pickart, P.E., Consulting Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us CiTY OF NEWPORT BEACH isUBUC WORKS DEPARTMENT MASTED FOaMAL Q NTRACT CONTRACT NO.3460 BOND NO. SU1020816 577-fiNFICAT a 07,77 LYN I TOUR The premium charges on this Bond is $ �1,252.00 , being at the nate Of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Mate of Celifomia, by motion adopted, awarded to Junior Steal Co., hereinafter designated as the "Principal a contract for construction tbaCK bay t3enCe Centei-DoWacx No. 3460 in the City of Newport Beach, in strict conformity with the pians, drawings, specifications, and other Contract Documents maintained in the Public Warks Department of the City of Newport Beach, all of which are incorporated heroin by this reference. WHEREAS, Principal has executed or Is about to execute Contract No. 3460 and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ARCH INSURANCE COMPANY . duly authorized to transact business under the laws of the State of California as Surety (hereinafter `Surety"}, are held and firmly bound unto the City of Newport Beach, in the sum of (510,940.00) lawful money of the United States of America, said sum being equal to 10D°/d 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 1S SUCH, that N 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 salve harmless the City of Newport Beach, it$ officers, employees and agerrte, ae fhlersin stipulated, theft, Surety will faithfully perform this same, in an amount not exceeding the .sum specified In this Bond; otherwise this obligation shall become null and void, iJ As a part of the obligation secured hereby, and in addition to the fac* amount specified in this Performance Bond, there shall be Included costa and reasonable expenses and fees, including reasonable attorneys fees, incurred by tho 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 fond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way Affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance mond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this band 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 8TH day Of MARCH :? mpg. JUNIOR STEEL CO. Name of Contractor (Principal) ARCH INSURANCE COMPANY Name of Surety C/O SURETY SOLUTIONS 49 NATOMA STREET, SUITE H FOLSOM, CA 95630 Address of Surety (916)294-0044 Telephone/Fax CLARICE LEE, ATTORNEY IN FACT POM Name and Title NOTARY ACKNOWLEDGMENTS CR CONTRACTOR AND SURETY MUST BE ATTACHED 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On before me M. Gonzales Notary Public, personally appeared Clarice Lee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. M. Gonzales J State of California County of Los Angeles On March 9, 2006 Date CALIFORNIA ALL-PURPOSE ss. CERTIFICATE OF ACKNOWLEDGMENT before me, Vanessa R. Bastian, Notary Public Printed Name of Notary Public personally appeared Gerald A. Bustrum Panted Name(s) of Signer(s) [X personally known to me - or - ❑ proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witness(es) to be the person(s) whose name(s) 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. VANESSA R. BASTIAN o COMM. #1517270 z e ait> a Notary Public " California Z % Los Angeles County o My Comm. Expires Oct. 2, 2008 (Seal) WITNESS my hand and official seal. r1 — Signature of Notary Public OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Faithful Performance Bond - Contract #3460, Bond #SU1020815 containing 2 pages, and dated 3/8/06 The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ® Corporate Officer(s) CEO Tide(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Junior Steel Co. Name(s) of Person(s) or Entity(ies) Signer is Representing 1 —Nyiiyni 1-1 --y nu racy, inc, vz� zytn Sr., ues moines, IA 50312-3612 Form ACK02. 02/04. To re -order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www_thenotaryshop.com cy June 29, 2007 Junior Steel Company 146 W. 168th St Gardena, CA 90248 CITY OF NEWPORT BEACH Subject: Junior Steel (C-3460) To Whom It May Concern: OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC On May 22, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 25, 2007, Reference No. 2007000339360. The Surety for the contract is Arch Insurance Company, and the bond number is SU1020815. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Gail P. Pickart, P.E., Consulting Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach. ca. us 1IUM INCLUDED IN PERFORMANCE BOND CiTY OF NEWPORT BEACH PUBLiC WORKS DEPARTMENT N118ATEREQRMAL Cts TR C 10 TRACT NO. 3460 BOND NO. SU1020815 s- s iinnR ►, WHEREAS, the City Council of the City of Newport Beach, Mate of California, by motion adopted, has awarded to Junior Steel Co., hereinafter designated as the "Principal," a contract for construction cBack Bay. JCienc;e--l.enter Contract No. 3460 in the City of Newport Beach, in strict comormrty with me puns, aravAngs, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference, WHEREAS, Principal rigs executed or is about to execute Contract No, 3460 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreod 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, ARCH INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Suretyl are held firmly bound unto the City of Newport Beach, in the sum of ( ,044.00) lawful money of the United States of America, said sum being equal to 1001% 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, flrmly 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 to 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 riot exceeding the sum specified in this Band, and also, in case suit is brought to enforce the obligations of this Band, 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 Capfornia. The Bond shall inure to the benefit of any and all persons, companies, and CoWrations entitled to file claims under Section 3181 of the California Civil Coda 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 8247 et. seq. of the Civil Cade of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall In Any wise affect its obligations on this Bond, and it does hereby waive Notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above namW executers this gond as an individual, it is agreed that the death of any suoh principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF=, this instrument has been duly executed by the above nam, ad principal and Surety, on the 8TH day of MARCH 2006 JUNIOR STEEL CO. Name of Contractor (Principal) ARCH INSURANCE COMPANY Name of Surety C/O SURETY SOLUTIONS 49 NATOMA STREET, STE. H FOLSOM, CA 95630 Address of Surety (916)294-0044 Teiephone/f�ax f Authorized Signat re/Tiile Authorizdd Agent Signature CLARICE LEE, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST RE ATTACHED State of California County of Los Angeles On 4f before me M. Gonzales Notary Public, personally appeared Clarice Lee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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(s), or the entity upon behalf -of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. cam- M. Gonzales State of California CALIFORNIA ALL-PURPOSE County of Los Angeles SS' CERTIFICATE OF ACKNOWLEDGMENT On March 9, 2006 before me, Vanessa R. Bastian, Notary Public r Date Printed Name of Notary Public personally appeared Gerald A. Bustrum Printed Name(s) of Signers) X❑ personally known to me - or - ❑ proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witness(es) to be the person(s) whose name(s) 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �. VANESSA R. BAS TllIi o� V COMM. #1517270 z s+ Notary Public • California � Z Los Angeles County NlComm. Expires Oct. 2, 2008 (Seal) WITNESS my hand and official seal. 0 6&460�t . 711112 - Signature of ay Public OPTIONAL INFORMATION Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Labor & Materials Payment Bond — Contract #3460, Bond #SU1020815 , containing 2 pages, and dated 3/8/06 The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact [3 Corporate Officer(s) CEO Title(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Junior Steel Co. Name(s) of Person(s) or Entity(ies) Signer is Representing I—Pyiiyin <uuv rvutary ❑umiy, mc. vz� zvTn xt, ues momes, IA 50312-3612 Form ACK02. 02/04. To reorder, call toli-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint KD Conrad, C.K. Nakamura, Joyce Herrin, Tom Branigan, Edward C. Spector, Marina Tapia, Clarice Lee, Lisa L. Thornton, .Maria Pena, E.S. Albrecht Jr., Tracy Aston, Simone Gerhard, Michael R. Mayberry, Regina Rangel and Brenda Wong of Los Angeles, CA (EACH) its true and lawful Attomey(s}in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuande of these presents shall be as: binding upon the said Company as fully and amply to all intents and purposes, as if the same had "15666 duly.execUted and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, . and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous. consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed .with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. l)0MLOO 13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29th day of December , 20 04 Attested and Certified vO COVORATE SEAL 1971 MISlOYf) Joseph S. L I, Corporate Secretary STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS Arch Insurance Company Thomas P. Luckstone, Vice President 1 Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFIVAL SEAL MH. W B. G UMN, Notary pubic StateoFConnediait Melissa B. Gilligan, Notary Public My Cmw9s3Im E Vim February 28' 2005 My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated _December 29, 2004 on behalf of the persons) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do. further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the. Arch Insurance Company on this day of i �s xz ,20 Joseph S ell, Corporate Secretary This. Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MASTER FORMAL CONTRACT CONTRACT NO. 3460 CONTRACT THIS AGREEMENT, entered into this 1St day of March, 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Junior Steel Co., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MASTER FORMAL CONTRACT BACK BAY SCIENCE CENTER, BID PACKAGE #4 — (STRUCTURAL STEEL) Contract No. 3460 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3460, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of ($86,940.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen G. Badum (949) 644-0000 CONTRACTOR Junior Steel Co. 146 West 168th Street Gardena, CA. 90248 Attention: Gerald A. Bustrum (626) 968-4671 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 2 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers and Construction Manager are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers and Construction Manager. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers and Construction Manager. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers and Construction Manager shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers and Construction Manager. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers and Construction Manager for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God 4 Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non -Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof, including Construction Manager, shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees and Construction Manager from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City or Construction Manager from the sole negligence or willful misconduct of City, its officers or employees or Construction Manager. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be 5 performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPROVED AS TO FORM: ..,� C CITY ATTORNEY R CITY OF NEWPORT B H A Municipal C orati n By. Mayor CONTRACTOR By: �' / (Corporate Officer) e: e &79 Print Name: .5-ci% JUN -07-2006 11:04 ?r� O�j(� FROM: l Tr'919496443318 P.1/1 Fax #; C"1 `C9 1 b 7'1 — S-3 /W CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: & /6 b 6 % Dept./Contact Received From: " aw/1 A Date Completed: Sent to: swlul4vrACBy ado&ft Company/Person required to have certificate: s )r, �. y �_ I. GENERAL LIABILITY A. INSURANCE COMPANY: Ccyl4q a `� n Lf�l�Lt�'Gt � Gc �►� B. C. D. E. AM BEST RATING (A: VII or greater): fJ )q _F )(V ADMITTED Company (Must be California Admitted),- Is dmitted);Is Company admitted in California? LIMITS (Must be $1 M or greater): What is limit provided? 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? Yes ❑ No 1a aq otc . es 0 No es [] No C�ye's ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? © Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ii. AUTOMOBILE LIABILITY . A. INSURANCE COMPANY: C�C4F'PMh Ala 1�wgI Iii s_ _Y-aYi B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): E. 6. What is limits provided? (1 ko,,"I_ ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ No es ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? Wk ❑ 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: CC' 6- 1 ?TM1_4410L C0kh B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include). Is it included? es ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? - Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED?