HomeMy WebLinkAboutC-5742 - Contract for the Construction of Public Works Construction of Lifeguard TowersT
f` CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK
U1 CONSTRUCTION OF LIFEGUARD TOWERS WITH R.G. FLEMING, INC.
THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ( "Contract") is
made and entered into as of this 27th day of January, 2014 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ( "City "), and R.G. FLEMING, INC., a California corporation ("Contractor'), whose
principal place of business is 33866 Zarzito Drive, Dana Point, California 92629, 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 desires to engage Contractor to construct lifeguard towers, as more fully
described in the Contract Documents ( "Project ").
C. Pursuant to the authority conferred to City as a charter city under California
Constitution, Article XI, Section 5, the City hereby exempts this Project from the
payment of prevailing wages because the funds used to finance this Project are
local funds and this Project is a matter of local concern.
D. City has solicited and received a proposal from Contractor and desires to retain
Contractor to render services under the terms and conditions set forth in this
Contract.
E. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, and is familiar
with all conditions relevant to the performance of services and has committed to
perform all work required for the price specified in this Contract over a period of
ninety (90) calendar days commencing upon issuance of the "Notice to Proceed ".
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on June 30, 2014, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Specifications and Scope of Work, attached hereto as Exhibit
A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as
Exhibit C, Faithful Performance Bond, attached hereto as Exhibit D; Labor and Materials
Payment Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special
Provisions and Standard Drawings; Plans and Special Provisions for Contract No. C-
5710; Standard Specifications for Public Works Construction (current adopted edition
and all supplements); and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents "). Exhibits A, B, C, D and E, and all other named
Contract Documents, are incorporated herein by reference. 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.
2.2. Scone 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
as identified in the Contract Documents ( "Work" or "Services ").
2.3. 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.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract
and Contractor shall complete the Work within Click here to enter text. calendar days
from the date of issuance of the "Notice to Proceed." Failure to complete the Work in
the time allotted may result in termination of the Contract by City and assessment of
damages as outlined in Section 3.2.
31. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for
in this Contract within Click here to enter text. calendar days from the date of issuance
of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in
the sum of One Hundred Dollars and 001104 ($140.00) for each calendar day beyond
the date scheduled for completion.
4. COMPENSATION
4A. 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 Ten Thousand Seven Hundred Fifty Dollars and
001100 ($10,750.00), less any money deducted pursuant to Section 3.2. Contractor
shall not receive any additional compensation unless approved in writing in advance by
City's Project Administrator as defined herein. City shall make full payment to
Contractor no later than thirty (30) calendar days after acceptance of the Work by City.
4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
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4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. 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.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Richard Fleming to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Fire Department City's Lifeguard
Battalion Chief, or designee, shall be the Project Administrator and shall have the authority
to act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall
not be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work 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 Contract, and that it will perform all Work in a manner
commensurate with the highest professional standards. For purposes of this Contract,
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.
7.4. All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
requirements of this Contract, all applicable federal, state and local laws, and the
highest professional standard.
7.5. Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
R.G. Fleming, Inc. Page 3
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers 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 Work required
hereunder; or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
9.2. 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 Contractor.
93. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the "Indemnified Parties "), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
R.G. Fleming, Inc. Page 4
conducted on the Project (including the negligent, reckless, and/or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them, or for whose acts they may be liable for any or all of them.
9.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
9.5. Contractor shall perform all 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.
9.6. 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.
9.7. Nothing in this Section or 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 above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of 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 Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
11. 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 Contractor on the Project.
R.G. Fleming, Inc. Page 5
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14.1. Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) 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 Contract in the form attached as Exhibit D and incorporated herein by
reference; and (2) 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 Contract
and in the form attached as Exhibit E and incorporated herein by reference.
14.2. The Faithful Performance Bond and Labor and Materials Payment 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.
14.3. Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and 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 State of California.
15. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Worts, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
R.G. Fleming, Inc. Page 6
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Contractor is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Contractor. Control
means fifty percent (50 %) or more of the voting power or twenty -five percent (25 %) or
more of the assets of the corporation, partnership or joint-venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to
City for all acts and omissions of any 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. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Work to be performed under this Contract shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
18.1. Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Contract, shall become the exclusive property of City, and City shall
have the sole right to use such materials in its discretion without further compensation
to Contractor or any other party. Contractor shall, at Contractor's expense, provide
such Documents to City upon prior written request.
18.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this Contract
by City or persons other than Contractor is waived against Contractor and City assumes
full responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
19. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this Contract.
All such records and invoices shall be clearly identifiable. Contractor shall allow a
representative of City to examine, audit and make transcripts or copies of such records
R.G. Fleming, Inc. Page 7
and invoices during regular business hours. Contractor shall allow inspection of all Work,
documents, proceedings and activities related to the Contract for a period of three (3)
years from the date of final payment to Contractor under this Contract.
20. 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 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.
21. CONFLICTS OF INTEREST
21.1. 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.
21.2. 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.
22. NOTICES
22.1. All notices, demands, requests or approvals to be given under the terms of
this Contract 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.
22.2. All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Lifeguard Battalion Chief
Fire Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
22.3. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
R.G. Fleming, Inc. Page 8
Attn: Richard Fleming
R.G. Fleming, Inc.
33866 Zarzito Drive
Dana Point, CA 92629
23. 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. Contractor
and City expressly agree that in addition to all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Goverment Claims Act
(Govt. Code §§ 900 et seq.).
24. TERMINATION
24.1. In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. 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 parry faits 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 Contract forthwith by giving to the defaulting
party written notice thereof.
24.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract 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 Contract.
25. 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 as defined by the Contract
Documents, has become familiar with the local conditions under which the Work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
R.G. Fleming, Inc. Page 9
26. STANDARD PROVISIONS
26.1. Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
26.2. 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
26.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
26.4. Intearated Contract. This Contract 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.
26.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
26.6. Interpretation. The .terms of this Contract 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 Contract or any other rule of
construction which might otherwise apply.
26.7. Amendments. This Contract 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.
26.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
26.9. Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
26.10. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
R.G. Fleming, Inc. Page 10
26.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Contractor, the prevailing party shall not be entitled to attorneys' fees.
26.12. Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
R.G. Fleming, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: -
By:WA[ ,
Aaron C. V arp
City Attorney 'y
ATTEST:
Date: �� �.
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By:
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Leiian�i I. own
City Clerk
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CITY OF NEWPORT BEACH,
a Califomi mu cip corporation
Date: Z
By:
Scott Poster
Fire Chief
CONTRACTOR: R.G. Fleming, Inc. a
California Corporation
Date:
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By:
Richard Fleming
President
Date: ;//'?
uyntrgia t-ieming
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Specifications and Scope of Work
Exhibit B - Proposal
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
R.G. Fleming, Inc. Page 12
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractors indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at its
own expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. 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 City's Risk
Manager.
3. Coverage Rewirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000) each
employee for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation
insurance shall amend its policy by endorsement to waive all rights of
subrogation against City, its elected or appointed officers, agents, officials,
employees and volunteers. Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of
City, its elected or appointed officers, agents, officials, employees and
volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products - completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
R.G. Fleming, Inc. Page C 7-1
contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, 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 accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for "all
risk" or special causes of loss form with limits equal to 100% of the
completed value of Contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement for
such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City, its elected or appointed officers,
agents, officials employees and volunteers shall be included as additional
insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and /or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self - insurance maintained by City shall be excess of
Contractors insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
R.G. Fleming, Inc. Page C -2
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award ".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days advance
written notice of such change. If such change results in substantial additional
cost to Contractor, City and Contractor may renegotiate Contractor's
compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on
City, or its employees.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit C are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is
for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
F. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self - insured retentions on any portion of the insurance required herein and
R.G. Fleming, Inc. Page C -3
further agrees that it will not allow any indemnifying party to self - insure its
obligations to City. If Contractor's existing coverage includes a self- insured
retention, the self - insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination of
the self- insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
N. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractors
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insur4ance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
R.G. Fleming, Inc. Page C -4
EXHIBIT P
CITY OF NEWPORT BEACH
BOND NO. 1484309
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to R. G.
FLEMING, INC. hereinafter designated as the "Principal," a contract for the Construction
of Lifeguard Towers , in the City of Newport Beach, in strict conformity with the Contract
on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Western Surety Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Nine Thousand Nine Hundred Ten Dollars and 00/100 ($9,910.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from --the- wages of employees- of - the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as
required by the provisions of Section 3250 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
EXHIBIT iD
required by and in accordance with the provisions of Sections 3247 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 26 day of November 201 3
Richard Fleming Jr.
Name of Contractor (Principal) thorized Signature/Title
Western Surety Company
Name of Surety
101 South Phillips Avenue
Sioux Falls, SD 57117
Address of Surety
(800) 331-6053
Telephone
Agent Signature
Aleka Dawn Bridges Attorney -In-Fact
Print - and ORErp
Z,
��GrH DA��gP
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TTA CHED
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
ACKNOWLEDGMENT
State of California
County of SO- 'C'G } ss.
On I I — Z-1 (0 — , J before me,' -111\1 A M I(- %'NfM� Notary
Public, personally appeared
\Aho
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 signatures(s) 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.
WITNESS my handJl and official seal.
Signature
ACKNOWLEDGMENT
State of California
County of CJ's: } ss.
On Ur—U. I
Public, persona
(seal)
proved to me on the basis of satisfactory evidence to be the perso whose name(6Ware
subscribe to the within instrument and acknowledged to that he/they executed the
same in her/their authorized capadty(iA, and that b is er/their signaturesk5) on the
instrumen the person(, or the entity upon behalf of which the personxacted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foreqoinq paragraph is true and correct.
WITNESS my • and official
4.1
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01A 40F
gnature•
CAMILLE CELESTE SULE
Commission # 2016215
+' .. 11
.i, Notary Public - California z
Z fes' Orange County D
' My Comm, Expires Mar 29, 2017
(seal)
SARAH M. MARINELLI
Commission # 1987480
; =i
Notary Public • California
Z
Z
Sacramento County
I My
Comm. Expires Sep 5, 2016
ACKNOWLEDGMENT
State of California
County of CJ's: } ss.
On Ur—U. I
Public, persona
(seal)
proved to me on the basis of satisfactory evidence to be the perso whose name(6Ware
subscribe to the within instrument and acknowledged to that he/they executed the
same in her/their authorized capadty(iA, and that b is er/their signaturesk5) on the
instrumen the person(, or the entity upon behalf of which the personxacted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foreqoinq paragraph is true and correct.
WITNESS my • and official
4.1
r
01A 40F
gnature•
CAMILLE CELESTE SULE
Commission # 2016215
+' .. 11
.i, Notary Public - California z
Z fes' Orange County D
' My Comm, Expires Mar 29, 2017
(seal)
EXHIBIT E:
CITY OF NEWPORT BEACH
BOND NO. 71484309
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 323.00
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. hereinafter designated as the "Principal," a contract for the Construction
of Lifeguard Towersin 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 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 Nine Thousand Nine Hundred Ten Dollars and 00/100
($9,910.00) lawful money of the United States of America, said sum being equal to
100% of the estimated amount of the Contract, to be paid to the City of Newport Beach,
its successors, and assigns; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified
in this Performance Bond, there shall be included costs and reasonable expenses and
fees, including reasonable attorneys fees, incurred by the City, only in the event the City
is required to bring an action in law or equity against Surety to enforce the obligations of
this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 26 daypf_November _ 201'3
Richard Fleming Jr.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
101 South Phillips Avenue
Sioux Falls, SD 57117
Address of Surety
(800) 331-6053
Telephone
Authorized SAgnature/Title "
Authorized Agent Signature
Aleka Dawn Bridges Attorney -In-Fact
Print - and Title Q�SURETyC
htp O
SEAL3 z
�OGTH DAK��P
ACKNOWLEDGMENT
State of California
County of }ss.
On 11 ��m�
\ � Z � — 1 � before me, c��c� �� ���\ Notary
Public, personally appeared 21C'' c�--jn
A0
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 signatures(s) 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.
WITNESS my hand and official seal. SARAH M. MA RINELLI
Commission # t9874ni
,,/r,/� Notary Public -California z
Sacramento County D
Signature My Comm. Expires Sep 5, 2016
ACKNOWLEDGMENT
State of California
County of n9eNGq1 }ss.
On (D�-'C. I S , a')1-9 before me,
Pubic, personally appeared �1C:4ftP O
, Notary
who
proved to me on the basis of satisfactory evidence to be the personX whose name�are
subscribed to the within instrument and acknowledged to m tha she/they executed the
same in ii /her/their authorized capacityoes`), and that by is)her/their signatures;(3`j on the
instrument the persono, or the entity upon behalf of which the persoW 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 hand and official seal.
Signature
CAMILLE CELESTE SILZLE
Commission # 2016215
Notary Public - California n
Z
Z +'' Orange County
My Comm. Expires Mar 29.2017
CNA
11/25/2013 4;40;19 PM PAGE 4/004 Fax Server
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No.
71484309
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make;
constitute and appoint Aleka Dawn Bridges
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: R. G. Flening, Inc.
Obligee: City of Newport Beac:Z
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact.
may do within the above stated limitation,. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the rorpnrate seal may he printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 25
7 01 4 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
corporate seyjtjq} _affixed this 25th day of November 2013
WEST R SURE COMPANY
er
Paul T. Jfruflat, Vice President
ST �._ �aVTI :s= E`fA ss
COUNP
On this 25th day of November ill the year 2013 , before me, a nu Lary public, persunally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said co at'on.
+4ti�!l1YYrh440.4titi1���hvA {
S. PETRIK f
NARY PUBLC ff
Notary Public - South Dakota�ALSOUTH DAKOTA (Mr
♦..rrtitititititititititih�r���h,.titi
My Commission Expires August 11, 2016
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney i, now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 25th day of
Novemoer 2013
WEST R �SURE COMPANY
r
Paul T. at, Vice President
Form F5306-8-2012
CNA
11/25/2013 4;40;19 PM PAGE 3/004 Fax Server
❑ Acknowledgment of Principal
❑X Acknowledgment of Surety (Attorney -in -Fact)
STATE OF CALIFORNIA
COUNTY OF Sacramento 1 ss
On I `-'2D before me, " \ 1 ' ' C • Y `� ,
date here insert name and title of the officer
personally appeared Aleka Dawn Br_dges
name(F) of signer(s)
who 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.
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
WITNESS my hand a Zd official seal. _
`Sacramento
Signature (Seal)
Commission # 1987480
a :G=o
Z .,,., Notary Public - California ZZ
County
MY Comm. Expires Sep 5, 2016
(The balance of this page is intentionally left blank.)
Western Surety Company Form 1900.1.2008
EXHIBIT A
REQUEST FOR PROPOSALS /BIDS
1. Contractor shall construct two (2) new lifeguard towers. Towers shall be built to the
general requirements, standards and plans provided by the City.
2. Materials for construction of the towers shall be provided by the City.
Contractor will provide construction labor. Contractor shall be a Glass C, General
Contractor, or better. Contractor shall also have, or have the ability to obtain, a
business license from the City of Newport Beach prior to the start of construction.
3. Construction will take place just to the west of the Newport Pier (between the pier
and the Dory fleet).
4. Contractor may use stationary power tools, and must provide own small hand
portable power tools, which shall include:
4.1. Radial arm saw
4.2. Drill press
4.3. Table saw
4.4. Chop saw
4.5. Band saw
5. Contractor shall complete the Work within thirty (30) calendar days from the date of
issuance of the "Notice to Proceed."
6. City shall provide a relatively level construction pad on the sand.
7. Contractor may open back door of workshop for easy access to construction site
8. Contractor may park up to two (2) vehicles in Lifeguard Headquarters parking lot
during construction only.
9. Lifeguards may move a tower adjacent to the construction site for contractor to use
as a rough template, if requested.
10. Contractor shall be responsible for proper cleanup of the work area at the end of
each work day. This shall include the removal of trash and debris from the work
site.
11. Project Administrator and /or his/her designee shall observe construction progress
on a regular basis. Any issues, problems, or corrections shall be noted, and
corrected by the Contractor prior to final acceptance of the work.
12. Lifeguard towers shall be completed no later than May 10, 2013.
R.G. Fleming, Inc. Page
Plans
All specifications and work shall conform to the plans included in this Exhibit, unless
otherwise specified by the Project Administrator.
R.G. Fleming, Inc. Page A -2
EXHIBIT B
PROPOSAL
Far Sid Proposals, Contractors shall bid bosed on the specifications provided in AttachmentA and C.
Bid shall include ail items necessary to complete the Project.
Proposaloffer.$ 10, 750
(Must Include labor, Insurorim, bonding, travel, tools, supervision, etc. for the construction of two
121 towers. Refer to Attachment C for insurance and bonding requirements.)
Number of Estimated Labor Hours Required: 2.593
The undersigned certifies that submission of this Proposal is made without prior understanding,
arrangement, agreement, or connection with any corporation, Firm or person submitting a Proposal
for the same services, and is in all respects fair and without collusion of fraud. The undersigned
certifies that they have not entered into any arrangement or agreement with any City of Newport
Beach public officer. The undersigned understands collusive practices are a violation of State and
Federal law and can result in fines, prison sentences, and civil damage awards.
Proposer ignature Wte
�t r mea Ft xmi. 4 0 Awms ,n-
Printed Name and Me
/;,�' 4. f7LZktmra IA(Z.
Fleming, Inc. Page BV-