HomeMy WebLinkAboutC-7222-1 - Facilities Carpet Replacement Project ContractJanuary 8, 2020
Tandus Centiva US LLC
Attn: Leonard Ferro
200 Sandpointe Avenue, Suite 110
Santa Ana, CA 92707
Subject: Facilities Carpet Replacement Project — C-7222-1
Dear Mr. Ferro:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca,gov
On January 8, 2019, the City Council of Newport Beach accepted the work for the
subject project and authorized the City Clerk to file a Notice of Completion, to release
the Labor & Materials Bond 65 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
January 9, 2019 Reference No. 2019000008172. The Surety for the contract is Federal
Insurance Company and the bond number is 8246-55-92. Enclosed is the Faithful
Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
The liability of the surety under this bond shall not extend beyond one year from the final completion
and acceptance of the work by the owner/obligee and in no way shall the surety be liable under any
extended warranty provided by Tandus Centiva, Inc. or the named Principal on this bond.
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO, 8246-55-92
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ ' 475.00 , being at the
rate of $ 2.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Tandus Centiva US LLC hereinafter designated as the "Principal," a contract for:
Removal and disposal of all existing carpeting and cove base and installation of new
carpeting and cove base at the following locations: (1) Central Library located at 1000
Avocado Avenue, (2) Mariners Library located at 1300 Irvine Avenue, and (3) Utilities
Yard located at 949 W. 16th Street, in the City of Newport Beach, in strict conformity
with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW; THEREFORE, we, the Principal, and Federal 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 Two
Hundred Thirty Seven Thousand Four Hundred Thirty Eight Dollars and 13/100
($237,438.13) 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 City, only in the
Tandus Centiva US LLC Page B-1
event City is required to bring an action in law or equity against Surely 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 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
Principal and Surety above named, on the 20th
TandUS Centiva US LLC
Name of Contractor (Principal)
Eq&ral Insurance Company
Name of Surety
202B Hall's Mill Road,
Whitehouse Station NJ 08889
Address of Surety
908 903-2000
Telephone
APPROVED AS TO FORM:
City Attorney
has been duly executed by the
Leffrey M. Wilson, Attorney -in -Fact
Print Name and Title
CA License #: OF41393
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Tandus Centiva US LLC Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
state of Califerr�ft-- 6e& °"
County of _ ,;� ilpa _} ss.
On '__ 20.j before me, TSu` �i
Notary Public, personally appeared zbnd.rd T r" rw'ey
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 capacily(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 41 fj% that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ubhA HALL
Notary PWl e d County, GAdt,My
commission Expires MAR 2, 202
Signature seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of XXKO= Alabama
County of Jefferson ) ss.
On Apri120 2018 before me, _
Notary Public, personally appeared Leff ev
proved to me on the basis of satisfactory evidence to be th
subscribed to the within instrument and acknowledged to
same in his/her/their authorized capacity(ies), and that by
instrument the person(s), or the entity upon behalf of which
instrument.
McClamma
e person(s) whose name(s) is/are
me that he/she/they executed the
his/her/their signatures(s) on the
the person(s) acted, executed the
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
�jWITNESS my hand and official seal.
VfA My Commission Expires: 1/24/2021
Signaldre (seal)
andus Centiva US LLC page 8-3
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Anna Childress, Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel,
Ronald B. Giadrosich, Richard H. Mitchell, William M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia;
Richard E. Daniels of Pensacola, Florida; Robert M. Verdin of Metairie, Louisiana ---------------------------------------------------------------------------------------
each as their true and lawful Attorney -in Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bunds) given or executed in the course of business, and any
instruments amending c raltering the same, and consents to the modification or alteration of any Instrument referred to in said bonds orobligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents andafted their corporate seals on this 14ei day ofjuly, 2017.
Dawn M. Chlorc,E,Asskagu Secretary
0-01 =�Aft
STATE OF NEW JERSEY
County of Hunterdon Ss.
Stephen M. Hancy. Vice President
On this 14'" day of July, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney Is in the genuine handwriting of
Stephen M. Haney. and was thereto subscribed by authority of mid Companies and in deponent's presence.
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
-RESOLVED, that the following authorisations relate to the execution. for and on behalfofthe Company, of bonds, undertakings, remgnlraaces, contracts and other written Commitments of the Company
entered into in the ordinary course oflutemes5 (eacha "WrNen Commmnenf):
(1) Each of the Chaimmn, the President and the Vim Presidents of the Company is hereby authorized in execute any Written Commitment for and on behalfofthe Company, under the
seal ofthe Company orotherwise.
(2) Each duly appointed adorneyInfact of the Company N hereby authorized to execute any Written Commitment for and on behalf of the Company. under the seal of the Company or
otherwise, to the extent that such action is auditioned by the grant ofpowers provided for In such person's written appointment as such attmory-In fact.
(.T) Each of the Chah'man, the president and the Vice Presidents of the Cnmpany is hereby authorized. for and on behalfofthe Company, to appoint In writing any Person the attorney -
In -fact of the Company with full power and authority in execute, for and on behalf ofthe Company, under the seal of the Company or otherwise. such Written Commitments of the
Company as may he specified in such written appointment, which speculation may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presldems of the Company E hereby authorized, for and on behalfin die Company, to delegate In writing to any other officer of the
Company the authority to execute, fmand on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specmed Install
written delegation• which specification may be by general type or clam of Written Commitments or by specification ofone or more particular Written Commitmens.
(5) The signature of any umreror other person executing any Written Commitment or appointment or delegation pursuant in this Resolution, and thencal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, flat the foregoing Revolution shall not he deemed to bean exclusive statement of the powers and authority ofumcem. employees and other persons to act for and on lxhall' )I
the Company. and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested."
].Dawn M. Chloros, Assistant Secretary of FEDERAL: INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(1) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(Lb the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed In Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(fi0 the foregoing Power of Attorney Is true, correct and in full force and effect.
Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this
April 20, 2018.
Mom .M,Chion. AseiamtSecu tm '
IN 7TTE EVEM' YOU WISH 11) NOTIFY US OF A CLAIM, VERIFY THE AUTHEN'ricirry OF -'IT us BOND OR NOT'IF'Y US 01, ANY OilWR MATITEL PLEASE CONI'A(TUS RI':
'fele hone (n08903.3A0a Nax (90A)003365G a -mail: snrct Mchuthama
Form 15-10-022513-U GEN CONSENT( rev. 12-15)
Notarial Seal
KATHERINE J,AWLAAA
NOTARYPUELIOONEW.WNseY
NTARP
r,.
No.2310M
oU1LN
COmMealm Expuex auN lE, 2pfE Way, NrHlr
a
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
-RESOLVED, that the following authorisations relate to the execution. for and on behalfofthe Company, of bonds, undertakings, remgnlraaces, contracts and other written Commitments of the Company
entered into in the ordinary course oflutemes5 (eacha "WrNen Commmnenf):
(1) Each of the Chaimmn, the President and the Vim Presidents of the Company is hereby authorized in execute any Written Commitment for and on behalfofthe Company, under the
seal ofthe Company orotherwise.
(2) Each duly appointed adorneyInfact of the Company N hereby authorized to execute any Written Commitment for and on behalf of the Company. under the seal of the Company or
otherwise, to the extent that such action is auditioned by the grant ofpowers provided for In such person's written appointment as such attmory-In fact.
(.T) Each of the Chah'man, the president and the Vice Presidents of the Cnmpany is hereby authorized. for and on behalfofthe Company, to appoint In writing any Person the attorney -
In -fact of the Company with full power and authority in execute, for and on behalf ofthe Company, under the seal of the Company or otherwise. such Written Commitments of the
Company as may he specified in such written appointment, which speculation may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presldems of the Company E hereby authorized, for and on behalfin die Company, to delegate In writing to any other officer of the
Company the authority to execute, fmand on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specmed Install
written delegation• which specification may be by general type or clam of Written Commitments or by specification ofone or more particular Written Commitmens.
(5) The signature of any umreror other person executing any Written Commitment or appointment or delegation pursuant in this Resolution, and thencal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, flat the foregoing Revolution shall not he deemed to bean exclusive statement of the powers and authority ofumcem. employees and other persons to act for and on lxhall' )I
the Company. and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested."
].Dawn M. Chloros, Assistant Secretary of FEDERAL: INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(1) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(Lb the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed In Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(fi0 the foregoing Power of Attorney Is true, correct and in full force and effect.
Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this
April 20, 2018.
Mom .M,Chion. AseiamtSecu tm '
IN 7TTE EVEM' YOU WISH 11) NOTIFY US OF A CLAIM, VERIFY THE AUTHEN'ricirry OF -'IT us BOND OR NOT'IF'Y US 01, ANY OilWR MATITEL PLEASE CONI'A(TUS RI':
'fele hone (n08903.3A0a Nax (90A)003365G a -mail: snrct Mchuthama
Form 15-10-022513-U GEN CONSENT( rev. 12-15)
STATE OF CALIFORNIA No. 5369
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the insurance Code of the Stale of Collfa ma,
Federal lasuraoce Company
of Indlanapolls, Indiana, organized order the laws Of lnd(onq subject to its Aracles of Incorporation or
othorfmrdamemal organisational doesonams, lshambym4horizedta transact within this State, suhjeet to all
provisloxr ofthis Cerdfoane, rhe jollowlogclasaesofimuronee;
Yirc, Marine, Surety, Dba6lRty, Plate Glass, Liability, Werisarat Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Crowe,
Sprinkler, Team and Vehicle, Automobile, Airerdt, and miscellaneous
as such classes are noway may htmJler be defbeed in the Insurance Laws of the State ofCaii
THIS CERTIFICATE is erpressly conditioned aeon the holder hereafnow and hereaflar being In
fail nompllaeee with all, and nor in violation ofoy; of thtapplicable laws area lawful requirements mode
under ausho" ofthelaws ofshe StateOfG010rntoatlong as such lows or requirements are in offset and
applicable, add as such Imes arnd rephemenu now are, or may hereaferbe changed or amended
IN WITNESS WHEREOF, effeeilve as of the )5* dory of October, 1990, 1
hove hereunto set my hand and caused my offclal seal to be ajfred
(his 15" drry of October, 1990.
Fee:S77.00
Rao.. Ne.542421
Roxwd M. Gillespie
hm." C04tMa lmM
Filed 5/30/90 Ity
Vsatane S. $Idbury
Ceraffecanon p`eey
!, the undersigned Insurance Commlzsionar of the State of California, do hereby ccrtifythall haw,
comparedthe above COPY ofCe"Ofale ofAuthority with the duplicate afmrg(dol nawonfile to myojJ�7cc,
and that the same is aful4 True, and correcstrarucHpl thercuf and gf the whole ofsold duplicate, andsald
Certlfeane ofAurhortd is now trefull fora and efjeci.
iN WITNESS WHEREOF.' have hereunto $et my hard and caused my
official seal to be gQlsed skis 1611 day ofJemre 201 S.
Dave Jones
Wm we Cawn4,k
By j'/�(g'ry8
(3irlo R�a
March 15, 2019
Tandus Centiva US LLC
Attn: Leonard Ferro
200 Sandpointe Avenue, Suite 110
Santa Ana, CA 92707
Subject: Facilities Carpet Replacement Project C-7222-1
Dear Mr. Ferro:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
On January 8, 2019 the City Council of Newport Beach accepted the work for the subject
project and authorized the City Clerk to file a Notice of Completion, to release the Labor
& Materials Bond 65 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
January 9, 2019, Reference No. 2019000008172. The Surety for the bond is Federal
Insurance Company and the bond number is 8246-55-92. Enclosed is the Labor &
Materials Payment Bond.
Leilani 1. Brown, MMC
City Clerk
Enclosure
The liability of the surety under this bond shall not extend beyond one year from the final completion and
acceptance of the work by the owner/obligee and in no way shall the surety be liable under any extended
warranty provided by Tandus Centiva, Inc. or the named Principal on this bond.
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO, 8246-55-92
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Tandus Centiva US LLC hereinafter designated as the "Principal," a contract for:
Removal and disposal of all existing carpeting and cove base and installation of new
carpeting and cove base at the following locations: (1) Central Library located at 1000
Avocado Avenue, (2) Mariners Library located at 1300 Irvine Avenue, and (3) Utilities
Yard located at 949 W. 18th Street, 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, Federal Insurance
Company duly authorized to transact
business under the laws of the Slate of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Thirty Seven Thousand Four Hundred Thirty Eight Dollars and 13/100
($237,438.13) 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 attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 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 9100 of the California Civil Code so as
Tandus Centiva US LLC Page A-1
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 9500 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 20th day of _ it 20 18 .
Tandus Centiva US LLC _
Name of Contractor (Principal) Authorized Signature/Title
Federal Insurance Company A �)2
Name of Surety Authorize Agent Signature
202B Hall's Mill Road,
Whitehouse Station NJ 08889 _
Address of Surety
(908)903-2000
Telephone
APPROVED AS TO FORM:
CITY ATTO NJ Y'$ OFFICE
Aaron C. Harp (NM
City Attorney
Jeffrey M. Wilson, Attorney -in -Fact
Print Name and Title
CA License #: OF41393
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Tandus Centiva US LLC Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califomia-- Gccsvbr
County of lJl�rc(d } ss. A
On ? 3 20 before me, I fCdS tGc /h , Eiir(
Notary Pu tic, personally appeared Leona rd (, rgf yo _
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)
s/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 hislher/their signatures(s) on the
nstrument the person(s), or the entity upon behalf of which the persons) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of £G-allferhis-that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
TREASIAA HALL
/t� I 1 ... Notary Public,Whitfield County, GA
l WtQ My Commission Expires MAR 2, 2022
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of1CXD0 f XAlabama
County of Jefferson ) ss.
On April 20 20 18 before me, Katherine Leigh McClarnma
Notary Public, personally appeared Jeffrey M Wilson
proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/aro
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
Amyhand and official seal. y
TsdMBS-'Ivly Commission Expires: 1/24/2021
Signature (seal;
Tandus Centiva US LLC Page A-3
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Anna Childress, Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel,
Ronald B. Giadrosich, Richard H. Mitchell, William M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia;
Richard E. Daniels of Pensacola, Florida; Robert M. Verdin of Metairie, Louisiana--------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed theircorporate seals on this IV day ofJuly, 2017.
Rival %I. Chlorog,:AsaistantSmrebuy,
STATE OF NEW JERSEY
Cauntyofflunterdon ss.
hen sl. Ifanly. Pico Pn aidenl
On this 14i° day of July, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chimes, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chimes, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she Is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. I laney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponent's presence.
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RKSOLVED, that the Billowing tut renin Ions relate to the execution, strand on belialfof the Company, of bonds, undemakings, recognisances, contracts and other written commitments of the Cempany
entered into in the ordinary course ofbnsiness (each a "Written Commitment"):
(n Each of the Chairman, the President and the Vice Presidents of the Company N hereby authorized mexecute any Written Commitment fin and on hehalfofthe Company. under the
seal of the Company or otherwise.
(2) Each duly a ixtinted attorney In of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the Brant i fpowers provided for In such person' written appointment as such attorney -In fact.
(a) Each of the Chairman the President and the Vice Presidents of the Company is hereby authorized, forand on hehalfofthe Company, to appoint in wilting any person the attorney
in fact of the Comp:my with full power and authority to execute, for and on behalfofthe Company, tinder the ,,at of the Company or otherwise, such Written Commitments of the
Company as may be specified In such wiitten appointment, which specification may be by general type or class' of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President;md the Vice Presidents of the Company is hereby authorised, for and on behalfofthe Company, to delegate in writing to any other officer onhe
Company the authority to execute, for and on behalf of the Company, under the Companys seal or otherwise, such Written commitments efthe Company as are specilled in such
written delegation, which, specification may be by general type or class of Written Commineenm or by specification ofone or more particular Written Commitmenix
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and Lite seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FUEL HER RESOLVED. that the foregoing Resolution shall not be deemed to be an excluivesmtement of the powers and authority ofofilceo, employees and ocher persons to all forand on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise ofnny suclh power or authority otherwise validly granted or vested."
1. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURA NCR COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and Federal Is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station. N, this April 20, 2018.
000 NVc)cAW1-_ fA. gok_e�
Ikwm ki.l.:hIoos, ,V1As;ml Stcrela
IN THEEVENT YOU WISHTO NOTIFY US OF A C, AIM,VERIFY'I'HF:AU'I'IIEN'1'ICI'INlit"1'1115 BOND OR NOTIFY(IS OF ANY OTHER mKrrER, PLEASE CONTACTUSA'I':
Telephone (908) 903-3493 Fax (908)9m 1656 v mail:sumly(,uchu heart
Form15-10-02258-U GEN CONSENT( rev. 12-16)
Notarial Seal H
I(ATHERINE J. ADELAAR
O7AgY
NOTPRY PUBU21896 JfiRSEY
PUBII�
P
No. 2t 8 Jo
ComnWNm Exit M8 10, 3018 Nnwry l'uMk
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RKSOLVED, that the Billowing tut renin Ions relate to the execution, strand on belialfof the Company, of bonds, undemakings, recognisances, contracts and other written commitments of the Cempany
entered into in the ordinary course ofbnsiness (each a "Written Commitment"):
(n Each of the Chairman, the President and the Vice Presidents of the Company N hereby authorized mexecute any Written Commitment fin and on hehalfofthe Company. under the
seal of the Company or otherwise.
(2) Each duly a ixtinted attorney In of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the Brant i fpowers provided for In such person' written appointment as such attorney -In fact.
(a) Each of the Chairman the President and the Vice Presidents of the Company is hereby authorized, forand on hehalfofthe Company, to appoint in wilting any person the attorney
in fact of the Comp:my with full power and authority to execute, for and on behalfofthe Company, tinder the ,,at of the Company or otherwise, such Written Commitments of the
Company as may be specified In such wiitten appointment, which specification may be by general type or class' of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President;md the Vice Presidents of the Company is hereby authorised, for and on behalfofthe Company, to delegate in writing to any other officer onhe
Company the authority to execute, for and on behalf of the Company, under the Companys seal or otherwise, such Written commitments efthe Company as are specilled in such
written delegation, which, specification may be by general type or class of Written Commineenm or by specification ofone or more particular Written Commitmenix
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and Lite seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FUEL HER RESOLVED. that the foregoing Resolution shall not be deemed to be an excluivesmtement of the powers and authority ofofilceo, employees and ocher persons to all forand on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise ofnny suclh power or authority otherwise validly granted or vested."
1. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURA NCR COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(it) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and Federal Is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station. N, this April 20, 2018.
000 NVc)cAW1-_ fA. gok_e�
Ikwm ki.l.:hIoos, ,V1As;ml Stcrela
IN THEEVENT YOU WISHTO NOTIFY US OF A C, AIM,VERIFY'I'HF:AU'I'IIEN'1'ICI'INlit"1'1115 BOND OR NOTIFY(IS OF ANY OTHER mKrrER, PLEASE CONTACTUSA'I':
Telephone (908) 903-3493 Fax (908)9m 1656 v mail:sumly(,uchu heart
Form15-10-02258-U GEN CONSENT( rev. 12-16)
STATE OF CALIFORNIA No. 589
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the insurance Code ofthe State of California,
Federal laauron" Company
of Indianapolis, Indiana, organized under the laws of Indiana subject to its Articles of Incorporation or
otherfurrdamemal organtzaiional documents, Is herebyauthorized to transact within this State, subject to all
provisloxr of this Comflcare, rhe following classes ofmswamceg
Fire, Madge, Surety, Disability, Plate Glass, Liability, Workers' Compensabim,
Common Cliri ler Liability, Befler and Machinery, Burglary, Credit,
Sprinkler, Team and Vesicle, Automobile, Aircraft, gad Mlsailanoous
as such classes are now or may h&wfttlr be defined In the Insurance Lows of the Slat, of ea/if,,r la.
THIS CERTIFICATE is expressly conditioned upon the holder hereofmw and hereafter being in
full compliance wdh all, and not In violation afWV,, ofthe applicable laws and lawful requirements made
wider audeor'ry of'lhe laws of theb74te ofCalifornioas long air such lows or requirements are In affect and
oppllcable, and as such laws and requirements now are, or may hereafter be changed or amended
IN WnINESS WHEREOF, effective as of the /5° day of October, 1990, 1
have hereunto set my hand and caused my official seal to be affixed
this 15" day of October, l9po.
F1oW7.00
Rae.. No.542421
Roxani M. Gillespie
bi;ve rCo.mavfmv
Filed 5i30/90 By Victoria S. Sidbwy
Cenyocabon D`wtt,
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have
compared the above copy ofCrrtf,Rcate ofAuthoray with the duptkwte oforigkml nowon fife in my 0 ke,
and that the some Is afull, true, and correct transcript hereof, and of Ike whole ofsaid duplicate, an mid
Certlflcare ofAwhoriry a now tnfull force and effect.
Rd WITNESS WFIEREOF, I have hereunto sol na hand and caused my
official seal to be of fixed this 16`^ day offs,, 7o15.
Uwe Jones
INI�(W/(Ig4"pCg UUaa
®idrla Rl'-_
Batch 4148202 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 1 of 2
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
111111111111111111111111111111111111 1I111 IIII JJJIIIIJIIIJl111 1111 111 NO FEE
�$ R 0 0 1 0 s 7 3 9 8 1$.
2019000008172 2:13 pm 01109119
90 SCS N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Tandus Centiva US LLC, Santa Ana,
California, as Contractor, entered into a Contract on March 13, 2018. Said Contract set
forth certain improvements, as follows:
Facilities Carpet Replacement Project - C-7222-1
Work on said Contract was completed, and was found to be acceptable on
January 8, 2019, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Federal Insurance Company.
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. /�
Executed on Q� �"1 V at Newport Beach, California.
BY
City Clerk
https:Hgs.secure-recording.com/Batch/Confirmation/4148202 01/09/2019
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Tandus Centiva US LLC, Santa Ana,
California, as Contractor, entered into a Contract on March 13, 2018. Said Contract set
forth certain improvements, as follows:
Facilities Carpet Replacement Project - C-7222-1
Work on said Contract was completed, and was found to be acceptable on
January 8, 2019, by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is Federal Insurance Company.
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on at Newport Beach, California.
BY' � lvrm,�—
ty
FACILITIES CARPET REPLACEMENT PROJECT
CONTRACT NO. 7222-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th
day of March, 2018 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and TANDUS
CENTIVA US LLC, a Delaware limited liability company ("Contractor"), whose address
is 200 Sandpointe Avenue, Suite 110, Santa Ana, California 92707, 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 has reviewed multiple cost proposals for the following described public work:
Removal and disposal of all existing carpeting and cove base and installation of
new carpeting and cove base at the following locations: (1) Central Library
located at 1000 Avocado Avenue, (2) Mariners Library located at 1300 Irvine
Avenue, and (3) Utilities Yard located at 949 W. 16th Street (the "Project" or
"Work").
C. Pursuant to the National Joint Powers Alliance ("NJPA") Flooring with Related
Equipment, Products, Supplies, Installation, and Services NJPA Contract
Number #121715-TFU with Tandus Centiva US LLC, awarded February 17,
2016, and any amendments thereto, Contractor is awarded this Project as a local
contractor of flooring with related equipment, products, supplies, installation, and
services, whom City has chosen to complete this Project through City's
membership with the NJPA.
D. City has determined that selection of Contractor through its NJPA membership is
the most economical and efficient method as it takes advantage of the national
cooperative contract purchasing program for this Project.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Cost Proposal; Labor and Materials Payment Bond (Exhibit A); Faithful Performance
Bond (Exhibit B); Insurance Requirements (Exhibit C); Scopes of Work for Newport
Beach Central Library, Newport Beach Mariners Library, and Newport Beach Utilities
Facility (Exhibit D); Standard Special Provisions and Standard Drawings, Plans and
Special Provisions for Contract No. 7222-1; Standard Specifications for Public Works
Construction (current adopted edition and all supplements); this Contract; and all
modifications and amendments thereto (collectively the "Contract Documents"), all of
which 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. 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.
3. COMPENSATION
3.1 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 Two Hundred Thirty Seven Thousand Four
Hundred Thirty Eight Dollars and 13/100 ($237,438.13).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 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, including tsunamis,
and which loss or expense occurs prior to acceptance of the Work by City.
4. 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 Dan Spear 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.
Tandus Centiva US LLC Page 2
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's
Public Works Director, 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 Work to be rendered pursuant to this
Contract.
6. NOTICE OF CLAIMS
6.1 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. The 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 Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to
follow the dispute resolution process set forth therein. Any part of such "Claim"
remaining in dispute after completion of the dispute resolution process provided for in
Public Contract Code section 9204 or any successor statute thereto shall be subject to
the Government Claims Act requirements requiring Contractor to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor/Consultant shall be required to file such claim with the City in strict
conformance with the Government Claims Act (Government Code sections 900 et
seq. ).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing,
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.
7.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attention: Public Works Director
City of Newport Beach
Public Works Department
100 Civic Center Drive
Tandus Centiva US LLC Page 3
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Leonard Ferro
Tandus Centiva US LLC
200 Sandpointe Avenue, Suite 110
Santa Ana, CA 92707
8. 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.
9. BONDING
9.1 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°/x) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit B 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 A and incorporated herein by reference.
9.2 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.
9.3 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
Tandus Centiva US LLC Page 4
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
10. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
11. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract or for other periods as specified in the Contract Documents,
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.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement 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 assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. 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.
14. PREVAILING WAGES
14.1 In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of per diem
wages in the locality in which the work is to be performed for each craft, classification,
or type of workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415) 703-4774,
and requesting one from the Department of Industrial Relations. All parties to the
contract shall be governed by all provisions of the California Labor Code — including, but
not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
Tandus Centiva US LLC Page 5
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the
job site.
14.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. 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
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers and all persons and entities owning or otherwise in legal control of the
property upon which Contractor performs the Project and/or Services 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 and/or Services by
Contractor, or its subcontractors, or its workers, or anyone employed by either of them.
16.2 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 and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees,
volunteers and any person or entity owning or otherwise in legal control of the property
upon which Consultant performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
Tandus Centiva US LLC Page 6
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 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).
16.4 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.
16.5 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.
16.6 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.
16.7 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.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 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.
Tandus Centiva US LLC Page 7
17.3 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.
18. CONFLICTS OF INTEREST
18.1 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.
18.2 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.
19. TERMINATION
19.1 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 party fails to give adequate assurance of
due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non-defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
19.2 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.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
20.2 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.
Tandus Centiva US LLC Page 8
20.3 Integrated 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.
20.4 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.
20.5 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.
20.6 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.
20.7 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.
20.8 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.
20.9 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 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 (1) and the same instrument.
21. 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 performed, and has correlated all
relevant observations with the requirements of the Contract Documents.
Tandus Centiva US LLC Page 9
22. 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.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Tandus Centiva US LLC Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: la /$
.4�
City Attorney
ATTEST: �7
Date:
By:
&-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
arshall "D " Duffield
Mayor
CONTRACTOR: TANDUS CENTIVA US
LLC, a Delaware limited liability company
Signed in Counterpart
By:
Leonard Ferro
Chief Executive Officer / Chief Financial
Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Exhibit D — Scopes of Work for Newport Beach Central Library,
Newport Beach Mariners Library, and Newport Beach
Utilities Facility
Tandus Centiva US LLC Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: t IA /8
By:
A ron C. Harp a'+ oclifs
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: TANDUS CENTIVA US
LLC, a Delaware limited liability company
Date: April 16, 2018
By: 'g� V,
Leonard Ferro
Chief Executive Officer / Chief Financial
Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Exhibit D — Scopes of Work for Newport Beach Central Library,
Newport Beach Mariners Library, and Newport Beach
Utilities Facility
Tandus Centiva US LLC Page 11
The liability of the surety under this bond shall not extend beyond one year from the final completion and
acceptance of the work by the owner/obligee and in no way shall the surety be liable under any extended
warranty provided by Tandus Centiva, Inc, or the named Principal on this bond.
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO, 8246-55-92
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Tandus Centiva US LLC hereinafter designated as the "Principal," a contract for:
Removal and disposal of all existing carpeting and cove base and installation of new
carpeting and cove base at the following locations: (1) Central Library located at 1000
Avocado Avenue, (2) Mariners Library located at 1300 Irvine Avenue, and (3) Utilities
Yard located at 949 W. 113th Street, 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, Federal Insurance
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 Two
Hundred Thirty Seven Thousand Four Hundred Thirty Eight Dollars and 13/100
($237,438.13) 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 attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 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 9100 of the California Civil Code so as
Tandus Centiva US LLC Page A-1
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 9500 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 20th day of _ il 20 18 .
Tandus Centiva US LLC ` 2
Name of Contractor (Principal) Authorized Signature/Title
Federal Insurance Company 2
Name of Surety Authorize Agent Signature
202B Hall's Mill Road,
Whitehouse Station, NJ 08889 _ Jeffrey M. Wilson, Attorney -in Fact
Address of Surety Print Name and Title
CA License #: OF41393
(908) 903-2000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICI
0
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Tandus Centiva US LLC Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of G-afifomra-- vG°vb�'"
County of lJk.tf"�►t.1ol, } ss.
Notary Pu�ilic, personally appeared l.eovard '('. 'r.P,( yp
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/herltheir authorized capacity(ies), and that by hislher/their signatures(s) on the
instrument.. ent the person(s), or the entity upon behalf of which the persons) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of Ee�kfer'�q
Atai that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
TREASIAA HALL
n Notary Pubiic,Whitfield County, GA
My Commission Expires MAR 2, 2022
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State ofEddtdtNXAlabama
County of Jefferson ) ss.
On April 20 20 18 before me, Katherine Leigh McClamma
Notary Public, personally appeared Teffrey M Wilson
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 helshe/they executed the
same in hislher/their authorized capacity(ies), and that by hislher/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument,
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.
�y Commission Expires: 1/24/2021
Signature (seal%
Tandus Centiva US LLC pagm e A_g
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Anna Childress, Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel,
Ronald B. Giadrosich, Richard H. Mitchell, William M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia;
Richard E. Daniels of Pensacola, Florida; Robert M. Verdin of Metairie, Louisiana ---------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business. and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 14i° day ofJuly, 2017.
FSC w -if -1m.
DawnM-Chlons. AssLStanrSttTclary
STATE OF NEW JERSEY
County of Hunterdon ss.
Stephen M-Ilancy.licc PItuidcnt
On this 140 day of July, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence.
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
'RESOLVED, that the following authorixalons relate to the execution, for and on behalf of the Company, of bonds, undertakings, recomizances, contracts and other written commitments of the Company
entered into in the ordinary course ca business (each a -written Commitment"):
(1) Each of the Chairman, the President and the Vice presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company. under the
seal ofthe Company or otherwise.
(2) Each duly appointed attorney in fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-irrmfact,
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney
In -fact of the Company with full power and authority to execute, for and en behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments ofthe
Company as may be specified In such wrinen appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officerofthe
Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
wrinen delegadon, which specification may be by general type or class of written Commitments or by specification more or more particular Written Commitments
(5) 'the signature carry officer or other person executing any Written Commitment or appointment or delegation remnant to this Resolution, and the seal ofthe Company, may be afraed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Romimion shall not be deemed to be an exclusive statement of the powers and authority ofoRcers, employees and other persons to acr for and on behalfof
the Company. and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or wrested."
1, Dawn M. Chimes, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect
(if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam. Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this
o- (a),
April 20, 2018.
f)(Uxytr-1Nly aqm 8 ,
Dawn .M.I:hkxras, Aivshmt Seerem
IN THE EVENTYOU WISH TO NOTIFY US OF A CLAIM, VERIFYI HE AU'rHENTIOTY OF THIS BONI) OR NOTIFY US OF ANY OTHER MATrER, PLEASE CONTACT US AT:
Telephone(908) 9033493 F (908)9033656 email: surew@chubhoom
Form 15-10-0225& U GEN CONSENT (rev. 12-16)
Notarial Seal 0
BATHER
OTARY s
NdfARY PUftlC VWhFSEY
PesLIC
p4�
No. 7d160ss
Canmasim Evp:ne,4ry 19, 2016 Notery Polk
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
'RESOLVED, that the following authorixalons relate to the execution, for and on behalf of the Company, of bonds, undertakings, recomizances, contracts and other written commitments of the Company
entered into in the ordinary course ca business (each a -written Commitment"):
(1) Each of the Chairman, the President and the Vice presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfof the Company. under the
seal ofthe Company or otherwise.
(2) Each duly appointed attorney in fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-irrmfact,
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoint in writing any person the attorney
In -fact of the Company with full power and authority to execute, for and en behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments ofthe
Company as may be specified In such wrinen appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfof the Company, to delegate in writing to any other officerofthe
Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
wrinen delegadon, which specification may be by general type or class of written Commitments or by specification more or more particular Written Commitments
(5) 'the signature carry officer or other person executing any Written Commitment or appointment or delegation remnant to this Resolution, and the seal ofthe Company, may be afraed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Romimion shall not be deemed to be an exclusive statement of the powers and authority ofoRcers, employees and other persons to acr for and on behalfof
the Company. and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or wrested."
1, Dawn M. Chimes, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect
(if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam. Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this
o- (a),
April 20, 2018.
f)(Uxytr-1Nly aqm 8 ,
Dawn .M.I:hkxras, Aivshmt Seerem
IN THE EVENTYOU WISH TO NOTIFY US OF A CLAIM, VERIFYI HE AU'rHENTIOTY OF THIS BONI) OR NOTIFY US OF ANY OTHER MATrER, PLEASE CONTACT US AT:
Telephone(908) 9033493 F (908)9033656 email: surew@chubhoom
Form 15-10-0225& U GEN CONSENT (rev. 12-16)
STATE OF CALIFORNIA No. 5309
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, not, pursuant to the Insurance Code of the State of California,
Federal Insurance Company
of Indlonapolls, Indiana, organized under the laws of Indiana, subject to its Articles of lncorparaimn or
olhafandamemalorganizationaldocr ew,, isharebyauthorizedrotransact within this Stale, subject to all
provistoW of this CerTemse, rhe following elasses of imuranae:
fire, Monne, Surety, D13obWty, plate Glees, Liability, Workers, Compemadau,
Common Carrier Liability, Boe7er and bUdibery, Burglary, Credit,
Sprinkler, Team wed Vebicle, Antomoblie, Atreraft, and Mise:eliaeeoaa
as such classes are now or may hirealk, be deflned in the Insurance Laws of the State ofCaiitcmja,
THIS CERTIFICATE is expressly conditioned upon the holder hereofmw andheree fuer being in
fall compliance with all And not in violation ofagy, Of the applicable laws and lawfat requirements made
surfer oulhariry ofthe fawn of the Slate OfGa4faratoas tongas such laws or regatremenis are In effect and
applicable, and as such laws and requbemems now. we, or may hereafter be charged or amended
IN'h7TNESS WHEREOF, effective as of the I P day of Ocrohar, 1990, 1
have hereunto set my hand and mused my offtctal seal to be affixed
this 150 day of October, 1990.
Fee:S77.00
Ree. No.542421
Rox_a�nl M. Gatespie
L
I/PY�Yco..aslWM
Filed 5130190 B�
Victoria S. Sidbury
Cerditcodoa DWO
1, the undersigned Insurance Commissioner ofr6e State of California, do hereby certify that I hove
con pared the above COPY offer *ale ofduthority with the duplicate ofortgiml nowon file in my oggke,
acrd that the same lr a full true, and correct iranrcripr ihereof, and of the whole ofsaid duplicate, anilsaid
Cerrtfleote al'Adhority is now infill force and effect.
IN. WITNESS WHEREOF, I have hereunto set my hand and caused my
OQkial seal to be i f fed this 160 day of lune 1015.
Dave Jones
f—Y Cgel ad.O
ey
A�u
The liability of the surety under this bond shall not extend beyond one year from the final completion
and acceptance of the work by the owner/obligee and in no way shall the surety be liable under any
extended warranty provided by Tandus Centiva, Inc. or the named Principal on this bond.
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 8246-55-92
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 475.00 , being at the
rate of $ 2.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California; has awarded to
Tandus Centiva US LLC hereinafter designated as the "Principal," a contract for:
Removal and disposal of all existing carpeting and cove base and installation of new
carpeting and cove base at the following locations: (1) Central Library located at 1000
Avocado Avenue, (2) Mariners Library located at 1300 Irvine Avenue, and (3) Utilities
Yard located at 949 W. 16th Street, in the City of Newport Beach, in strict conformity
with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and Federal 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 Two
Hundred Thirty Seven Thousand Four Hundred Thirty Eight Dollars and 13/100
($237,438.13) 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 City, only in the
Tandus Centiva US LLC Page 13-1
event 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 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 20th day ofa - Tpri., 120 18 .
Tandus Centiva US LLC
Name of Contractor (Principal)
Federal Insurance Company
Name of Surety
202B Hall's Mill Road,
Whitehouse Station NJ 08889
Address of Surety
(908)903-2000
Telephone
APPROVED AS TO FORM:
City Attorney
0
nt
Ieffrey M. Wilson, Attorney -in -Fact
Print Name and Title
CA License #: OF41393
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Tandus Centiva US LLC Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of QalifaH* --
County of ss
On �Q_ 20 _ before me, 'rte 4aa �7wv1
Notary Public. personally appeared h -ey
who proved to me on the basis of satisfactory evidence to be the person($) 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 Gr�rna' that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
A HALL
Notary PubfEAWhitfiie d County,202 GA
J 1�(.gX,r.� 6l " —My Commission Expires MAR 2,
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State OfX� Alabama
County of _ Jefferson ) ss.
On _ April 20 20 18 before me, Katherine Leigh McClamma
Notary Public, personally appeared Jeffrey M Wflson
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.
�jWITNESS my hand and
v�official
�seal.
Signal I 1 Wl,Cllv� r'n W/lMy Commission Expires: 1/24/2021
re (seal)
Tandus Centiva US LLC Page 8-3
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Anna Childress, Mark W. Edwards, II, Alisa B. Ferris, Robert R. Freel,
Ronald B. Giadrosich, Richard H. Mitchell, William M. Smith and Jeffrey M. Wilson of Birmingham, Alabama; Robert Read Davis of Atlanta, Georgia;
Richard E. Daniels of Pensacola, Florida; Robert M. Verdin of Metairie, Louisiana--------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 14'" day ofJWy, 2017.
Down M. Chlor(is. Assismnt Scor vary
�t+
STATE OF NEW JERSEY
County of Hunterdon SS.
✓ "�'i!" •' \ 0.1 v
Stephen )L Ilancy, Vice President
*00
On this 149h day ofJWy, 2017 before me, a Notary Public of New Jersey, personally came Dawn M. Chimes, to me known to be Assistant Secretary of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M.
Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC
INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by
authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M.
Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of
Stephen M. Haney, and was thereto subscribed by authority ofsald Companies and in deponent's presence.
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognirancm contracts and other written commitments of the Company
entered Into in the ordinary course ofbusiness (each a "Wrinen Commitment').
(1) Each of the Chairman, the President and the Vice Presidents of die Company E hereby authorized to execute any Written Commitment for and on behalfof the Company, under the
seal ofthe Company or otherwise.
(2) Each duly appointed attorney -in fact of the Company is hereby authenzed to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherxlse, to the extent that such anion is authorized by the grant of powers provided for in such Person's written appointment as such attorney -in fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized. for and on behalfofthe Company, to appoint in wilting any person the attorney-
in-fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such written Commitments of the
Company as may be specified in such written appoinmient, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to delegate to writing to any other officer ofthe
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general typeor class of Written Commitments or by specification atone or more Particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company. may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHERRESOLVED. that the foregoing Resolution shall not be deemed to bean exclusive statement ofthe powers and authority ofomcers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested.'
L Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this
-- ► )I
April 20, 2018.
Down M. Chlcste, A.duanl SLCreu,
IN THE EVENT YOU WISH TO NO FIFY US OF A CLAIM, VERIFY WE AUI I HENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTAM, US AT:
Telephone (908) 9033493 Fix (908) 903.3656 email: suretygichubb.com
Farm 15-10-0225& U GEN CONSENT (rev. 12-16)
Notarial Seal
KATHERINE J. AX"
a
NOTARYPMLICOFNEWJBRSEY
No. 2316885
CgmnY6610n Exprea JuN 18, 20i6 NmxryPUMir
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognirancm contracts and other written commitments of the Company
entered Into in the ordinary course ofbusiness (each a "Wrinen Commitment').
(1) Each of the Chairman, the President and the Vice Presidents of die Company E hereby authorized to execute any Written Commitment for and on behalfof the Company, under the
seal ofthe Company or otherwise.
(2) Each duly appointed attorney -in fact of the Company is hereby authenzed to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherxlse, to the extent that such anion is authorized by the grant of powers provided for in such Person's written appointment as such attorney -in fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized. for and on behalfofthe Company, to appoint in wilting any person the attorney-
in-fact of the Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such written Commitments of the
Company as may be specified in such written appoinmient, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalfofthe Company, to delegate to writing to any other officer ofthe
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general typeor class of Written Commitments or by specification atone or more Particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company. may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHERRESOLVED. that the foregoing Resolution shall not be deemed to bean exclusive statement ofthe powers and authority ofomcers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise ofany such power or authority otherwise validly granted or vested.'
L Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby
certify that
(i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true, correct and in full force and effect,
(if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico,
and each of the Provinces of Canada except Prince Edward Island; and
(iii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this
-- ► )I
April 20, 2018.
Down M. Chlcste, A.duanl SLCreu,
IN THE EVENT YOU WISH TO NO FIFY US OF A CLAIM, VERIFY WE AUI I HENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTAM, US AT:
Telephone (908) 9033493 Fix (908) 903.3656 email: suretygichubb.com
Farm 15-10-0225& U GEN CONSENT (rev. 12-16)
STATE OF CALIFORNIA No. 5789
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS 1S TO CERTIFY, not pursuant to the Insurance Code of the State of Cahfornia,
Federal Insurance Company
of/ndtanapol/s, Indiana, organized wider the laws of Indiana, subject to its ANicles of Incorporation or
otherfundamenialorganizationaldonanems, is hereby authorized to Ir enact within this State, subject to oil
Provisions ofthis Cerrocate, the following classes ofirnwanee:
rise, Marine, Surety, DpabWty, Plate Glass, Liability, Workers' CompeasWea,
Common Carrier Llablllty, Beller and Machinery, Burglary, Credit,
Sprinkler, Team and Vehicie, Automobile, AlrenK and MLeeitanaous
as such classes are now ar may hesofter be defined in the Insurance Laws of the State of california,
THIS CERTIFICATE is expressly oondWOned apo" the holder hereafnow and hereafter being in
full comp7lonce with all, and not in violation ofony, of the applicable laws and lawful raquiremenls mode
wider authonry ofthe laws of the Stale ofCabJornluas long as such lows or requirements are In effect and
applicable, and as such laws and requiremeru now, ate, or may hereafter be changed or amended
IN WITNESS WF.REOF, effective as of the 150 day of October, 1990, I
have hereunto set my hand and caused my official seat to be affixed
(his I S" day of October, 1990.
itee:977.00
Ree.. N0.542421
Roxana M. Gr7iespie
temc Com..tnlmv
Filed 5/30/90 BY Victoria S. Sidbury
Cerrlfeatlon urteer
6 the undersigned Insurance Commissioner of the State of California, do hereby cenifythal l have
compared the above Copy ofCerellicate afAuthortry with the duplicate aforigt"I now on file in my a��]]kr,
aid that the same is afuli. True, and correct tronscrip(lhereof, and gflke whole ofsaid duplicate, andsatd
Cer "fkaro ofAutharlry is now 110111 fora and effect.
A! V11714ESS WHEREOF, I have hereunto sat V held and caused my
offiklat seal to be of fired this 16^ day ofJune, 101 S.
Dave Jones
hremnae C~uda,n
BY
G7aft Rlhfti&r
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this 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 the City's Risk Manager.
3. Coverage Requirements.
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
Tandus Centiva US LLC Page C-1
insured contract (including the tort liability of another assumed in a
business 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.
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,
products and completed operations, 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 Contractor's 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 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
Tandus Centiva US LLC Page C-2
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. The 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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, sub-
contractors shall provide additional insured coverage with a format at least
as broad as CG 20 38 04 13.
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 A 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. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available proceeds in excess of specified minimum
limits of insurance and coverage shall be available to the City.
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 further agrees that it will not allow any indemnifying party to self-
Tandus Centiva US LLC Page C-3
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.
H. 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
Contractor's 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.
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 insurance 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.
Tandus Centiva US LLC Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/20/18 Dept./Contact Received From: Raynumd
Date Completed: 4/24/18 Sent to:
Company/Person required to have certificate:
Type of contract:
I.
Raymund By: Jan
Tandus Centiva US
Other
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/17 — 5/1/18
A. INSURANCE COMPANY: XL Insurance America, Inc.
B. AM BEST RATING (A-: VII or greater): A / XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT—please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
® Yes ❑ No
$1 M/$2M/$2M
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/28/17 — 9/28/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater) A++/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
E N/A
❑ Yes
❑ No
1.
NOTICE OF CANCELLATION:
❑ N/A
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/28/17- 9/28/17
A.
INSURANCE COMPANY: Travelers Indemnity Company of America
B.
AM BEST RATING (A-: VII or greater): A++/ XV
C.
ADMITTED Company (Must be California Admitted):
❑ Yes
® No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Broker of record for the City of Newport Beach
4/24/18
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval required for non -admitted Workers Compensation carrier, 4/20/18 Risk
Management approved use of non -admitted Workers Compensation carrier.
Approved:
Risk Management
* Subject to the terms of the contract.
Date
EXHIBIT D
Scopes of Work for Newport Beach Central Library, Newport Beach Mariners
Library, and Newport Beach Utilities Facility
Tandus Centiva US LLC Page D-1
Tandus Centiva
A Tarkett Company
RE: Flooring Work for:
CTRL# ABV2134
Newport Beach Utilities Facility
To finish and install Powerbond in Bldg I first Floor, Bldg 2, Bldg 213, Bldgs 3, 4, 6, 8,
& Bldg 88 Offices.
We are pleased to provide the following scope for the above referenced facility. Pricing is based on the Tandust NJPA contract 4 121715-TFU.
SCOPE OF WORK:
SJ'/e
Monumento Powerbond9 Cushion - RS
Monumenlo Powerbondt Medfloor + RS
C -56E Premium Floor Primer - 4 gal.
C -XL Powerbond Seam Sealer(Water Based) -qt
Furnish and Install 4" Cove Base
Carpet Installation - Powerbond
Carpet Removal - Direct Glue
Carpet Disposal
Removal and Disposal of Cove Base
Floor Prep (Portland Base) Material and Labor
(100vfper 104 bag to skim coat)
CA Stewardship Fee
Payment & Performance Bond
Color Name
Color N Omanti
U0211
4,298.94
Unit Rice
sry ,i S 025
Line Total
Trichrome
131.00
sty
.i
S
28.84
S
3,77804
Trichrome
310.00
vy
ii:
$
28.84
S
8,940.40
28,716.13
400
ea
d:
$
106.29
$
425.16
200
ea
iG
$
IT60
S
35.20
944.00
VH
ii
S
2.93
S
2,765.92
41900
s'v
u
S
8.62
S
3,611 78
419.00
s c
15
S
4.24
S
1,77656
41900
sc
'i:
S
093
$
389.67
944 00
Vfi
S
0.42
$
396,48
3,77100
s/fi a S 1-14
S
4,298.94
44300
sry ,i S 025
S
110,75
2900
ea 1,' 4.20
$
121.80
Subtotal
5
26,650.70
Estimated Sales Tax
$
2,06543
TOTAL
S
28,716.13
NOTES:
1. Estimated from: Quantities received from Interfinish Corporation
2. Above PowerbondC4 quantities include manufacturing overage, which mayor may not ship. Only quantities shipped will be billed.
3. Installation schedule will be approximate 14 working days, and may extend based on phasing schedule as determined by City.
EXCLUSIONS (unless specifically included in the above scope of work)
Protection of Floors
Attic Stock
Dumpster Cost
Bonding Cost
Preformed Comers
Trip Charges
Resilient Flooring
Stair Materials
Furniture Moving
Asbestos Abatement
Carpet Cleaning
Cleamng/Waxing of Resilient
P... I or 2
NighVWeekend Labor
Mats
Removal & Disposal
Extensive Floor Preparation
Sales Tax
Border Carpet
TANOUS CENTIVA US LLC
1715 CLEVELAND HAY
DALTON, GA a0721
UP) 800241,4902
(F) 706 259.2620
1. Lead Times: Please note that we are a made to order mill and we cannot begin production of
any order until we have a signed pmchawe order, or a fully executed contract in house.
Note that normal lead times are as follows:
• Fast Track Carpets, two weeks plus shipping,
• Running Line Carpets, six weeks plus shipping;
• Custom Carpels, eight weeks plus shipping,
• Lead times are approximate and do not start until after the purchase order or fully -executed contract is
received.
2. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of
the floor. Costs associated with this floor preparation will be negotiated on ajob-to-job basis. Our product
performs properly when installed on floors that are free of dirt, oil, paint and excessive moisture.
Floors that have moisture readings greater than 3.0 lbs. per 1,000 feet in 24 hours will not meet specification
and will require further curing time or treatment prior to carpet installation.
We recommend only wet scraping or mechanical removal of all non -water based adhesives.
3. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our
installers are responsible for the handling, removal or abatement of asbestos contained Floor material or
adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report
prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the
owner's responsibility to produce this report prior to executing this contract.
If any chemical stripping agents such as those commonly used in asbestos abatement have been used,
we and our installers may require additional measures be taken prior to installation of any product.
These measures may affect the price of this quote. Please contact our Technical Services Department at
800 248 2878 ext. 2129 for more details.
TANDUS CENTIVA US LLC
1715 CLEVELAND HM
DALTON, GA 30721
Pape 2 of 2 (P) 800.241.4802
(F) 708.259 2618
Tandus Centiva
A Tarkett Company
RE: Flooring Work for:
Newport Beach Central Library
CTRL,, ABV2145
We are pleased to provide the following scope for the above referenced facility. Pricing is based on the Turf NJPA contract 4 121715.TFU.
SCOPE OF WORK: Power6orMmlfrrnpoor. mWvlar Ne on secmdpoor.
Style
Runaway q Powerbondlf Cushion + RS
Plexus Colour IV, Powerbond® Cushion - RS
C -56E Premium Floor Primer- 4 gal.
C -XL Powerbond Seam Sealer( Water Basedfolt
Applicator Bottles (no charge)
Furnish and Install 4" Cove Base (Burke)
Carpet Installation - Powerbond
Carpet Removal - Modular Tile
Carpet Disposal
Removal and Disposal of Cove Base
Floor Prep (Portland Base)
Labor to cut around library stack bolts (I At Boor)
Labor to cul around library stack bolts (2nd Floor)
Staging / Inside Delivery
Payment & Performance Bonds
CA Carpet Stewardship Assessement
Color Name Color q
Quagingry
IM
Bonding Cost
Unit Price
Trip Charges
Line Total
Pine Sprig 18221
1,996.00
s/y
Carpet Cleaning
S
26.30
S
52,494.80
Lime Zest 18556
8400
s/y
®
S
27.83
S
2,337,72
17.00
ea
@
S
99.99
S
1,699.83
8.00
ea
a
S
16.56
S
132.48
6.00
ea
Burnt Umber 463
1,248.00
If
a
S
293
S
3,656.64
2,036.00
sy
v
S
8.62
S
17,550.32
2,036.00
sy
a
S
4.58
S
9,324.88
3,036.00
sy
a
S
0.93
S
1,893.48
1,248.00
If
a
5
0.42
S
524.16
18,324.00
sf
a
S
1.14
S
20,889.36
20.00
Man E r
S
t 13.56
S
2,27110
53,00
ea
a
S
113.56
S
6,018.68
2000.
Man ITT
a
S
6533
S
1,306.60
S
512,00
2,080.00
sy
a
S
0.25
S
520.00
Submtal
S
121,132.15
Ewonated
Sales Tas
S
6.333.52
NOTES:
1. Estimated from: Quantities received from Interfinish Corporation.
2. Above Powerbond® quantities include manufacturing overage. which may or may not ship. Only quantities shipped will be billed.
3. Manufacturing leadtime for Runaway II color Pine Sprig is five weeks from receipt of purchase order.
4. All work to be done during 'off" hours, based on prevailing wage.
5. Furniture moving, AND removal of cables, electronics, etc. are EXCLUDED.
6. Owner to remove books from 1st shelf on 2nd Floor.
7. Owner to move computer stations on 2nd Floor,
8. Installation Schedule will be approximate 12 working days, and may extend based on phasing schedule as determined by City.
EXCLUSIONS (unless specifically included in the above scope of work)
Protection of Floors
Attic Stock
Dumpster Cost
Bonding Cost
Preformed Comers
Trip Charges
Resilient Flooring
Suit Materials
Furniture Moving
Asbestos Abatement
Carpet Cleaning
Cleaning/Waxing ofResiliem
Page 1 o12
TOTAL S 127,465.67
Nighb Weekend Labor
Mats
Removal & Disposal
Extensive Floor Preparation
Sales Tax
Border Carpet
rANDus CENT rvA ua lLc
1735 CLEVELAND HWY
DALTON. GA 30721
( 800291 0902
�q7W 2592638
L Lead Times: Please note that we are a made to order mill and we cannot begin production of
any order until we have a signed purchase order, or a fully executed contract in house.
Note that normal lead times are as follows:
• Fast Track Carpets, two weeks plus shipping,
• Running Line Carpels, six weeks plus shipping,
• Custom Carpets, eight weeks plus shipping;
• Lead times are approximate and do not start until after the purchase order or fully -executed contract is
received.
2. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of
the floor. Costs associated with this floor preparation will be negotiated on ajob-to-jab basis. Our product
performs properly when installed on floors that are free of din, oil, paint and excessive moisture.
Floors that have moisture readings greater than 3 0 lbs. per 1,000 feet in 24 hours will not meet specification
and u411 require further curing time or treatment prior to carpet installation.
We recommend only wet scraping or mechanical removal of all non -water based adhesives.
3. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our
insudiers are responsible for the handling, removal or abatement of asbestos contained floor material or
adhesive. Further, am policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report
prior to proceeding with any floor material or floor adhesive. removal. We and our installers consider it the
owner's responsibility to produce this report prior to executing this contract.
If any chemical stripping agents such as those commonly used in asbestos abatement have been used,
we and our installers may require additional measures be taken prior to installation of any product.
These measures may affect the price of this quote_ Please contact am Technical Services Department at
800.248.2878 ext. 2129 for more details.
TANDUa OENTIVA U6 LLC
1735 CLEVELAND HWY
DALTON DA 39721
Page 2 012 (P1809 241 4992
�F�7e 25s 2638
Tandus Centiva
ATarkett Company
RE: Flooring Work for:
Newport Beach Mariners Library
CTRLd ABV2146
We are pleased m provide the following scope for the above referenced facility. Pricing is based on the Tandus/ NJPA contract a 121715-TFU.
SCOPE OF WORK:
Slvle
Color Spectrum, Powerbond® Cushion - RS
Abrasive Action B Powerbond® Cushion Non -RS (Dry)
C -TR Adhesive - 4 gal.
C -56E Premium Floor Primer - 4 gal.
C -M, Powerbond Seam Sealer(Water Based) -qt
Furnish and Install 4" Cove Base (Burke)
Carpet Installation - Powerbond
Carpet Removal - Modular Tile
Carpet Disposal
Removal and Disposal of Cove Base
Floor Prep (Portland Base)
Additional Cost for After Hours Installation of Carpet
Additional Cost for all Remaining After Hours Work
Labor to cut around library stack bolts
Staging / Inside Delivery
Payment & Performance Bonds
CA Carpet Stewardship Assessement
Color Name Color #
Ouantity
UoM
Bonding Cost
Unit Price
Trip Charges
Line Total
Prism
1,349.00
sty
@
S 1748
S
23,580.52
Midnight Blue
50.00
s/y
@
S 28.25
S
1,412.50
100
ea
@
S 73.75
S
73.75
11.00
ea
@
S 9999
$
1,099.89
5.00
ea
@
$ 16.56
S
82.80
StormCloud -71
1,20000
LF
@
$ 2.93
S
3,51600
1,36900
SY
@
$ 8.62
S
11,800.78
1,322.00
SY
@
S 4.58
S
6,05476
1,322.00
SY
@
S 0.93
S
1,229.46
1,200.00
LF
1@
S 042
S
504.00
11,898.00
SF
@
S 1.14
$
13,563.72
1,369.00
SY
@
S 5.68
$
7,775.92
1.00
job
@
$ 3,754.70
$
3,754.70
26.00
Man Hr
@
$ 113.56
S
2,952.56
13 00
Man Hr
@
S 65.33
S
849.29
S
324.00
1,399.00
SY
@
S 0.25
S
349.75
Subtotal
5
78,924.40
Estimated
Sales Tax
S
2,33193
TOTAL S 81,256.33
NOTES:
I. Estimated from: Quantities received from Interfinish Corporation.
2, Above Powerbondt quantities include manufacturing overage, which may or may not ship. Only quantities shipped will be billed.
3. Manufacturing leadtime for Color Spectrum color Prism is two weeks from receipt of purchase order.
4. All work to be done during "off' hours, based on prevailing wage.
5. Furniture moving, AND removal of cables, electronics, etc. are EXCLUDED.
6. MAJOR Floor prep is excluded.
7 Installation schedule will be approximate 10 working nights, and may extend based on phasing schedule as determined by Cit .
EXCLUSIONS (unless specifically included in the above scope of work)
Protection of Floors
Attic Stock
Dumpster Cost
Bonding Cost
Preformed Comers
Trip Charges
Resilient Flooring
your Materials
Fun ureMoving
Asbestos Abatement
Carpet Cleaning
Cleaning/Waxing of Resilient
Night/Weekend Labor
Mats
Removal & Disposal
Extensive floor Preparation
Sales Tax
Border Carpet
TANOUS CENTNA US LLC
1735 CLEVELAND HWV
DALTON, GA 30721
( 9002414902
�F7%2592630
L Lead Times: Please note that we are a made to order mill and we cannot begin production of
any order until we have a signed purchase order, or a fully executed contract in house.
Note that normal lead times are as follows:
• Fast Track Carpets, two weeks plus shipping,
• Running Line Carpets, six weeks plus shipping,
• Custom Carpets, eight weeks plus shipping,
• Lead times are approximate and do not start until after the purchase order or fully -executed contract is
received.
2. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of
the floor. Costs associated with this floor preparation will be negotiated on ajob-to-job basis. Our product
performs properly when installed on floors that are flee of din, oil, paint and excessive moisture.
Floors that have moisture readings greater than 3 0 lbs. per 1,000 feet in 24 hours will not meet specification
and will require further curing time or treatment prior to carpet installation.
We recommend only over scraping or mechanical removal or all non -water based adhesives.
3. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our
installers are responsible for the handling, removal or abatement of asbestos contained floor material or
adhesive. Further, our policy is to request an Asbestos Fla2ard Emergency Response Act (AHERA) report
prior to proceeding with any floor material or floor adhesive removal. We and ow installers consider it the
owner's responsibility to produce Ibis report prior to executing this contract.
If any chemical stripping agents such as those commonly used in asbestosabatement have been used,
we and our installers may require additional measures be taken prior to installation of any product.
Thesemeasures may affect the price of this quote. Please contact our Technical Services Department at
800.248.2878 ext 2129 for more details.
TANDus GENTWA us LLC
1735 CLEVELAND HWY
DALTON. GA K721
IPl M 2414902
Page 2 of 2 (FI7e6 259 26M