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HomeMy WebLinkAboutC-4029 - General Services Building D Locker Room/Restroom RemodelCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC January 13, 2010 R.G. Fleming 33866 Zarzito Drive Dana Point, CA 92629 Subject: General Services Building D Locker Room and Restroom Remodel (C -1029) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 17, 2009. The Surety for the contract is Western Surety Company and the bond number is 70542465. Enclosed is the Faithful Performance Bond. Sincerely, �4"�� brYKIK-1- Lreilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 17, 2009 R. G. Fleming 33866 Zarzito Drive Dana Point, CA 92629 Subject: General Services Building D Locker Room and Restroom Remodel (C -4029) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 16, 2009, Reference No. 2009000020608. The Surety for the contract is Western Surety Company and the bond number is 70542465. Enclosed is the Labor & Materials Payment Bond. Sincerer (� Leilani I. Brown, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 BOND NO. 70542465 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.G. FLEMING, INC., a California corporation, hWektaRer designated as the "Principal.' a contract for construction of GENERAL. 39RVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL, Contract No. 40251 in the City of Newport Beach, in strict conformity with the plans, drawings. specificatlons and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4029 and the terms thereof require the furnishing of a bond. providing that 4 Principal or any of Pci(Vipafs subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the taws of the State of California, as Surety, (referred to herein as 'Surety') are held firmly bound unto the City of Newport Beach, in the sum of EigWSLX Thousand, Two Hundred Sixty -Seven and 001100 Dollars (986,267.00) lawful money of the United Stales of America, said sum being equal to 100% of the estimated amount payable by the CRY of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we hind 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, implerrtents 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 arry amounts requred to be deducted, withheld and paid over to the Employment Oevelapment 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, than 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 Conn as required by the provisions of Section 3250 of the CM Code of the State of California. 0 0 The Bond sha8 inure to the benefit of any and all persons, companies, and corporations entitled to fits claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be Wormed thereunder or the specifications accompanying the same shall in any wise affect its obligations on ifhil 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 duty executed by the above named Principal end Surely, on the 9th day of July Y008, R.G. FLEMING, INC. (Principal) Western Surety Company Name of Surety 101 South Phillips Avenue Address of Surety Sioux Falls, SD 57117 AA 800 - 331 -6053 MCI h> . !b I i i Cynthia Ann Shaw (Attorney -In -Fact) Print Name and Tice NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 8/b :d 0200S89161:01 :W08A H91 :80 8002-L2-Nnr CNA 7/7/2008 11:42 AM PACE 3/003 Fax Server • i ❑ Acknowledgment of Principal (K Acknowledgment of Surety (Attorney -in-Fact) STATE OF CALIFORNIA COUNTY OF Sacramento I� On July R 2006 before me, )Ost'l" dais bme iamt mma and alls of the 90kw personally uprnarnd CYNTHIA ANN SHAW name(e) of sw r(e) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/we subscribed to the within instrument and acknowledged to me that ha/ehakhay executed the same in hialheritheir euthmized capscih'(ies), and that by bidherkbeur signature(e) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I oertify 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 se Signature (Seal) (The halence of this page is Irkentlanlly left hant) twaweev,egttearomyr«o aoataea 0 CNA 7/7/2008 11:42 AM PAGE 2/003 Fax Server • • V\kstem Suety Compw-ry POWER OF ATTORNEY - CERTIFIED COPY Bond Na 70542465 Bmw All Men By These Pmenis, that WESTERN SURM COMPANY, a corporation duly orgadsd and sdstiog under the law of tbs State of Booth Dakota, and having its principal adfits in Bronco Falls, South Dakota Wie'Compnyy, dos by there presents make, ocastitde and appoint CYNTHIA ANN SHAW its true and lawful dtorney(04n et, with toll potter and authority herby conferred. to execute, solmowledae and daRver for ad en its bal"s Busty, bonds for. Principal: R.G. Fleming, Inc. Obligee: City of Newport Beach Acmuot: $500,000.00 and to land the Company thmby s bib and to the samo stmt as d such bonds were maned by the S ®or Vice President, sealed with tho oaya rn seat of the Cernpaq and duly attested by its Seartsy, baeby rati yiq and coo6s>rdna all that the said dtasney(s}in -Lrt mq do within the above atared x^+ations. Said appointment is mods mods and by authority of W hDowbK bylaw d Western Surety Contyaq wbich tmats at full 6ws end e6set. 'Section T. All bomb, Pabds, tmdataluna6 Powas of Attorney or other obligations of the oaporatim shall be waded in the tspsas ante of the Compaq by the President, Secretary, arty Assistant Secretary, Ttesmer, or sty Vice Presides or by ruck Aber of hers as the Board dDirvesen may ndborisw The Proddeut, any Vice Presided, Bsasary, any Assistant Secretary, er the Teaasaer mow appoint Attorneys In Yen or agents who shall have smhstty te tarps bonds, pdkds, or tmdartaldogs in tbw came dtha Caeopa y. Ties ocuporate sal a cwt necessary 6e the vslimty of aq bands, podaim, udatakiq., Powers at Atisorney or elks ollisanons d the corporation. Ths signaias of any such isc and tbs corporate seal mm be primed by 6sni W An authority hereby canimad shall expire and tadnow, without notice, unless wed bsise andaight of December 6 , 2008 . ben until shot tie aha0 be irra n able, and in full fsoe end affect. In Witness Whale( Western Sues" Compaq has caved tbna presents to be signed by its Border Vim President. Paul T. Bruftd, and its aMNM jW] to be affixed this 7th day of July 1 2008 SEA%. WEST R SURE COMPANY Pat] T. Vice President COUI v es Cnthis 7th day d July in the year 2008 ,ivies me, a okay public, personally appeared Pd T. Bruflak who being to ms duly swam aaimewbdgW thet he signed the above Fewer of Attorney an the afiassid otBoar of WBBPERN SURrN COIdPANY and aokw,dedged acid osuwnmt to bar the vdmt:y act am dad ded/d corporation- D. KRELL % �C MSMMM Votary Public - South Dakota AN Osmiub Etpksa Nwmrher]0.2072 I the undersigned offs of Waste n Surety Cacopamy, a stack corporatim of the Stats of South Dakota, do hereby certify that the allacha Power ofAttorney is in 6x8 force and aBact and is itrr ocaWo, and 6rtharmae, that Section T dthe bylaw• of the Cocipany in an forth in tic Power of Attorney is new in bzoa. In Jtest� whseo4l have 00hereude set rag hand am seal d Western Surety Compaq We 7th day d WEST R SUREJ# COMPANY PruI T. Bruflayffissuar Vice President Fee F630W M 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange, On U . before m5, laude T. Rowe, Notary Public Persona 1 appeared r u� Y' g yk j W L Who proved to me on the is of satisfiwt&y evidence to be the person(syWhose mme(stjore subscribW to the within instrument and acknowledged to me that YF�e/they executed the same initller/their authorizedearacitVes), and that by )t0ibr/tbeir si ! (s) on the instrument the p;pen(s), or the entity upon behalf of which the p(Eq(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the State �­C 'u a t foregoing paragraph is true and correct UDE T. ROW E, c COMM. •1522723 Witness my pffiC' ~ rror,avauxiC•c,AUrOneaA Si Seal Mr cemm. EYO�E 29.2099 Claude T. Rowe, Notary Public Optional Description of attached Document �-Tn / w 4 �v � eS A4 Title of Document L. �� Y� An- I" L Document Date Number Of Pages Signets) Other than the Named Capacity (ies) Claimed by Signer(s) Signer's Name Signer's Name _Individual Individual _ _Corporate Officer-Title(s) Corporate Office - Title(s _Panner_Limited_General_ _Attorney in Fact u nu _Pammer_Limited_General _Attorney In Fact _Trustee ofSigoer Trustee of Signer Guardian or Conservator —Other Guardim or Conservator —Other Signer is Representing: Signer is Representing 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. to January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Project Engineer 949- 644 -3330 or sluy@city.newport-beach.ca.us SUBJECT: GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4029 Recommendations: Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On June 24, 2008, the City Council authorized the award of General Services Building D Locker Room and Restroom Remodel to R. G. Fleming Inc. The contract provided for mobilization, removing certain interior portions of the General Services Building -D Automotive Division locker room/restroom located at 592 Superior Avenue, remodeling the locker room/restroom at that facility including replacing toilets, sinks, urinals, mirrors, ventilation fans, floor and wall file, lockers, and repainting. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $86,267.00 Actual amount of bid items constructed: $84,917.00 Total amount of change orders: $3,477.00 Final contract cost:, $88,394-00 General senioes• ing D Loiter Room and Reshoam Remodel . Comp�e0on and Aonptance of Cmhad No. 4029 January 13, 2009 Page 2 The decrease in the actual amount of bid items constructed over the original bid amount resulted from the deletion of the painting of a handicapped parking space which had previously been painted by the General Services. The final overall construction cost, including one change order, was 2.5 percent over the original bid amount. The one change order was for additional framing to modify the drywall ceiling. A summary of the project schedule is as follows: Estimated completion date per June '07 schedule: November 3, 2008 Project award for construction: June 24, 2008 Estimated completion date at award: November 3, 2008 Actual substantial construction completion date: November 14, 2008 The project was delayed due to issues with the Contractor's insurance provider and questions regarding the correct documentation for the required coverage. Environmental Review. A Notice of Exemption has been filed with the County Clerk. Funding Availability- In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction Incidentals Total Project Cost $88,394.00 $435.37 $88,829.37 Funds for the construction contract were expended from the following accounts: Account Description Account Number Amou t Corporation Yard Bldg. D Rehabilitation 7011 - 01002001 58,000 General Fund (Budget Amendment) 7011- C1002001 $ 41,000 Total: $ 99,000 Prepared by: Submitted Works Director U RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document electronically recorded by Cert Mail A Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder JIM111111111111 NO FEE 2009000020608 11:57am 01/16/09 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.G. Fleming, of Dana Point, California, as Contractor, entered into a Contract on June 24. 2008. Said Contract set forth certain improvements, as follows: General Services Building D Locker Room and Restroom Remodel (C -4029) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Comaanv. Iz A 9 VERIFICATION Works Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. vet Executed on �a� �l 141 k0 at Newport Beach, California. BY City Clerk P �l w U N � iY �wz w F- e5 Iz A 9 VERIFICATION Works Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. vet Executed on �a� �l 141 k0 at Newport Beach, California. BY City Clerk • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 14, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1. General Services for Building D Locker Room and Restroom Remodel (C -4029) 2. Eastbluff Drive Street Rehabilitation (C -3968) 3. Tennis Court Fence Replacement — Grant Howald Park (C -4043) 4. Mariners Park Restroom Construction (C -3992) 5. Pelican Hills Road North and Newport Coast Drive Southbound Right -Turn Improvements (C -3945) 6. 2007 -2008 Sidewalk, Curb and Gutter Replacement Program (C -3974) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.G. Fleming, of Dana Point, California, as Contractor, entered into a Contract on June 24, 2008. Said Contract set forth certain improvements, as follows: General Services Building D Locker Room and Restroom Remodel (C -4029) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. Works Director Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �a� �t 14, kO / p , at Newport Beach, California. BY City Clerk 0 40 CITY CLERK CITY OF NEWPORT BEACH- NOTICE INVITING BIDS A MANDATORY PRE -BID MEETING shall be held at the General Services Administration Building with an on site tour to follow for all bidders at 10:00 A.M. on the 27`h day of May 2008. Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 5th day of June 2008, at which time such bids shall be opened and read for GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL Title of Project Contract No. 4029 $ 50,000.00 Engineer's Estimate by ten G. Baltdum Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: `B" For further information, call Stephen J. Luy, Proiect Manager at (949) 644 -3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR-1 SPECIAL PROVISIONS .............................................. .............................................. SP -1 71 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NOWCOLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The We of the project and the words "Sealed Bid" shall be dearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S 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 Cafiforia, and (2) listed as an acceptable surety in the latest revision of the Federal.Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shalt be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at 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 Calfomia Labor Code retailing to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 601073 3 Contractor's License No. B Classification 'Z . L-, . 'T:-L;F-tA IW(. 1 t4 C., Bidder .2 / F i; 5i QEiV f' 'Authoriked Signature/ dle 46108 Date , aEPOR e CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES CASH RECEIPT � T 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 RECEIPT NUMBER: 01000085648 RECEIVED BY: DALIA PAYOR: FLEMMING CONSTRUCTI TODAY'S DATE: 06/05/08 REGISTER DATE: 06/05/08 TIME: 14:03:34 02022063 R.G. FLEMMING INC BID DEPOSIT $8,627.00 --------------- - TOTAL DUE: $8,627.00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $1,027.00 $7,600.00 Bauch /,3cks $8,627.00 $.00 'e .P. __ •F c L � k r b' 6 . sc u • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Cgnstrurtmn, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moves to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid I� Description of Work Bid T� Name: UNIC �. imc. W 2 >= LF_c_r�ic_ 2 •$ Address: 3 i Soo G i2AOE 5T. 3 31% . 3 L AiLE E.t.s1N ORE, CA RgZU Phone: q51/'q'6-5-'35X State License Number: Name: 'ZoMI. WE ID UMS- DN 14D NV AC- 2 .3 - it 3 Address: '4 'Swk--rLAA0 - ahP'JCO C .a-ioa . CA qulq Phone: qag / `ba$ -4y I State License Number: Name: aW,OeMCL C&4z1. .u� -rW#i 43 N-VI uL 2.R Address: '201 I -L r-s"A L" Dk- y0fti LA'Mtk. CA a26tL Phone: 714 / R70 -12-ti State License Number. 1. G, Fi m,N4 lntL. Bidder U , , 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 DESIGNATION OF SUBCONTRACTOR(S) State law requires the lisft of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. 9 a subcontractor is not listed, ft Contractor represents that he/she is fully qualified to and will be responsible for performing that Portion of the work. Substitution of subcontractors shag be made only in accordance with State low and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be me& in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information eid Item Description of Work %of Number Total Bid Name: 00CVom PWmbJru Address: '2g0V1 V,A1;,AJ1IG4NTrGam( // �'19 omVlcie,CA Prone: 949/ X155 -0337 7-6"11 State License Number: Name: D. "Ill" 5()9F- .S � 3 C�mi tTi tom.. 7-3.9 Address: / S$ 0,g1j De 1Nf)0!W =6AS Se.0 C�+�� • Phone: 9 Z[ 73 9�93io -o37� State License Number. Name: tkwki SPRI®&. nFU 03 oH Tpii er N"ns 10.5 Address: 11Z-2-o5 -2-o5 t -lg400 ROA& Jt�iv2 CeWWuAi CA 9 7 ° Pone: gig11278-9999 Slate License Number. :2.& ALryno w. Iuc. Bidder /�{ •li. H4* /Nr �jt4 Kl ic� 6 � C 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT N0.4029 DESIGNATION OF SUSCONTRACTOR(S} State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for perfotmtrtg that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Slarglard Specifications for Public Works Construction as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and In accordance with State law. No Changes may be made in two subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information FM kern Description of Work %Of Number Total Bid Name. Tic,N-r QOAPt rMS ING l?ErnoL,t IoN 9, 5 °!• Address: Z031 S. 4AIVt S7n&Fr !'aura Awd, CA Phone: 1 /Y/557-7So/ State License Number: Name: MAR- COH%PA"y -&4 1 le- PAINGNb STtr IPIWO 2• / °� Address: 2286& N. PATAV,A 06LA W,c, e61 9 5 Phone: 71gl 4&6--3'/42- State License Number. Name: Address: Phone: State License Number. ,•C • l l�MfglAl, Bidder 1 orized ignature ' e 6 p�n.Nrr 1 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name T::7L_JE_MIWe. kz_ FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: PProjecttName/Number NZ, CoMMUNIrY At -AT2.E Ra✓PAi(L$ Project Description ENL,'* E43i0115 Re_AAiL bArIMACAZZ WALL Approximate Construction Dates: From 4/0C To: 5108 Agency Name Gri eF rl•t3. P_P_LJL¢xr,cu 4 Srai,ot SFzwcF,s D$vr, Contact Person ,Ii M S ILSN4N Telephone (9NJ 611Y - 31(" t Original Contract Amount $11 _Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) GwnN6rr_ o"CL woM 0 r"t)A1LiN4 WL4E 2-1 'b4M44fa 57XVCrWC Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No.2 Project Name /Number Girl of WA. fiUMAN Rgs.uL.14- 2nuFx Rola)AT Project Description '7g&a moot- I ni-rc2►o2 of NlonyLA& - ramt4A ... iT Approximate Construction Dates: From I j f'� � To: Agency Name QTR y of N.,B. Pu &uc Wo"s Dear Contact Person ` ra-A SA.Wor- yf? Telephone (9W) 6`/y-33)L Original Contract Amount $16916- Final Contract Amount $ ?-8,"70'7— If final amount is different from original, please explain (change orders, extra work, etc.) EYTC.A'WoiUC ACCE -Q& t?AMP AIUD P-KILS I 1nt15C Ct}ANGrizS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 09 No.3 C-T-f or- H -$. Project Name /Number Z4ymr,"L 5yty1[.ES D "r- 2 ria Eoo bFFizel Project Description I N rt' iod— W A LL, A ho maid '71b -ZwA Axmt oWIL" Approximate Construction Dates: From 4,10 7 To: 7107 Agency Name CITY of NAB. CaE*iE4Let sg"m S 17 @Pt Contact Person ?14'g, OTT Telephone (9y9) 2-'7?-?1'7'7- Original Contract Amount $2997 Final Contract Amount $ 2-9,975 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? if yes, briefly explain and indicate outcome of claims. No • - i No.4 _ Project Name /Number Ct7%r orWR FPLa"MIMb brPr. tx ?AfYS1oN Project Description INTO -Zio4 ►ZtiM0tSL — P"141411" b"K Approximate Construction Dates: From 507 To: 71017 Agency Name L ITM or= 14,13 f7WWMIN4 Contact Person Ca Fo "r, B>✓"E& Telephone f19) ,tiyy -3207 Original Contract Amount $2a3,500 Final Contract Amount $ 7-3, 500 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. zMW Project Name /Number Cyr or- N.&. &rwiurL SrzL c&S ltPr- ZNO FzomlL QFMJA Project Description Apo oi*ica S , J? €HMO ML . RF-- PW rtY AND CI54 L iVA T7 (6S Approximate Construction Dates: From 8104 To: 91a Agency Name C" mF M,11. 6F -dELAL S&LUiMS DEPT Contact Person t tLt 5Cor -r Telephone (WI) 2.79 -9177 Original Contract Amount $2.3,&o Final Contract Amount $ 2 N.853 If final amount is different from original, please explain (change orders, extra work, etc.) LNAtf E nUM I LxrX — ..ba0dt& V*.1 L WoaY, ADD Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different.from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. is. 'P PFS18C=)V Bidder Auth4&duSignaJffrefTitIe 10 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO.4Qgg NON-COL .USION AFFIDAVIT State of California ) ) ss. County of A v(,e �' cld Aff �Jnn nrG, being first duly swom, deposes and says that he or she is 22ss1Drntr" of U1=ZrM1&e-, &,, , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that Party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone Interested in the proposed contract; that an statements contained in the bid are true; and, further, that the Wider has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative theretod, and will not pay, a to any corporation, partnership. company association. organization, bidory pr� or agent thereof to effectuate a collusive or sham bid. I dec lare under penalty of perjury of the laws of tR.4, MINA We— Bider is true and correct. ENT Subscribed and sworn to (or affirmed) before me on this_day of J✓A!X 2008 by ;2tL%G,,t /ew .'r5 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MATTHEW L KOVACN [SEAL] Commission # 1738574 QMyComm.EXpkesAPr3,2011 Nolory Public - Colitornia = Orange County £ 11 My Commission Expires: Ann ) Zorn r1 L CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMOD91- CONTRACT NO. 4029 DESIGNATION OF SURETIES Bidders name R, G,, F:'�-Cm1 I. iw_ Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): t3i�Bouo — CasNtFi K CHEC1c '%, 5do PLM CASH ZAV mr rr / Pt&;roL Avwtz aoaa C N A, s.12s.14 C�n[srvucrionl Sraujces kisonAUCe Aar .W SC4675 -?-Wo 9540 30SINESS thtL DUVE, SAcaA *F*p.CA 95 2,7 LlAatl,tr lwl OLArJCE — USF itAsyjtAN(:E- %%-ALA Gres INSOGAUC& S.Z"IC -S 9y9/y9y -ogzl 1105 IJ. COAST kitA Al L-AGUNA 6ucg , CA 92651 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 CONTRACTOR'S INDUSTRIAL SAFETY RECORD. TO ACCOMPANY PROPOSAL Bidders Name juL. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts je i t 8 to 11 q 55 Total dollar Amount of Contracts (in $5 170 / 35$ 133 / 95 1,X109 Thousands of $ No. of fatalities No. of lost Workday Cases 01 No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled time and I declare under penalty of within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Cjh& i^Le"11& C.D sr21X.T1oN SE2a1 US 33806 ZAC-Zrrn NAYi~, DkW& Po1kr. CA 9Z4q �3�bbl -y9b/ rnop} 3X9,/678-5577 6olc7.3 B from the records that are available to me at this perjury that the information is true and accurate If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth.. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partnersroint ventures if submitted with evidence of authority to act on behalf of the partnershiprjoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnersfjoint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CALIFORNIA a ACKNOWLEDGMENT <.i� 1. G\ ')�n'9$..3 State of California l County of r •e J} On _Tulle / ZOe4C before me, f� L I�OVaGh , iUo i«ry r��4'c Date Here Insert Name and Title c0l the Officer personally appeared MATTHEW L. KOVACH C_ ommlaaion 8 1736574 a Notary Public - California Orange County MVComm. B0esApr 3, 201 t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /sheithey executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature����v� Place Notary Seat Above y ' &gW.re M Publk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: / F3v ( '3UStheSS jAjavxAe dt` 3fjIle 1 Document Date: Ira' S" 0 Number of Pages: f Signer(s) Other Than Named Above: u. / Ni- — Capacity(ies) Claimed by Signer(s) Name: • Co rate • Partner • Attorney in Officer — Title(s): — ❑ Limited ❑ General • Trustee • Guardian or Conser • Other: Signer Is Representing: Name: • In t ' ual • Corporate ica • Partner — ❑ Lir • Attorney in Fact — Title(s): ed ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: vG'v 'y - avG'.v tiTt>G' avG'.VG'N 'N .lG�✓.G'yG'a 'vtiG' dG(.:G\ ✓.G'Y�'a' (J I, r.• '�•: " Y ply 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 ACKNOWLEDGEMENT OF ADDENDA Bidders name • • R+X.MiNt. 19L• The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R•Gi •�[ F.Mrnlr^ �Nc. Business Address: ' Z42ZM De V , DANA Prnrr, CA 9"Z9 Telephone and Fax Number: 701 bbl -`1961 Tj;x 9N9 /661 -6195 California State Contractor's License No. and Class: 60/073 B (REQUIRED AT TIME OF AWARD) Original Date Issued: 14 -1_ Expiration Date: 3 ) 31 Zoos List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: ZLAI -Aa0 FLrM1N4 VXSiDEµf The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone `,V-4% 4 'FL rIt4k PI.LS#QW1- LbaNt YY jtr, Gd 1y9/661 y�br C 4tNIA r-LrUwINd Seu�YnA Y ` Corporation organized under the laws of the State of CAU FoeN /a 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: P Lf-J"p" tANSr -R-O lo4 SEx-11L6S For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; K04 ; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the ownerlagency? If so, explain. 0 you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No ii Are any claims or actions unresolved or outstanding? Yes ' es No 17 • 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. R.U. Af. INC. Bidder jP,iC_AAW FlF_rnmtG (Print name of Owiler or President of o ra i 71 pany) v ` l9X51 r Pluthodzqil Sig na re tl itle % siDtwr- Title �L)#4E_ S, woe Date On T, 1e St2caT before me, Me.M4_ak -° Z Notary Public, personally appeared who proved to me on the basis of satisfactory evr'dence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her//their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. re MATTHEW L. KOVACH Commission # 1786574 @-My Nota ry Public - California AA/ n . � Orange County - %r(7 o ,.81iG�. (SEAL) COmm- EupiresApr8,2011 Notary Public in and for said State My Commission Expires: &2 7" L. 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business. of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratina Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 CONTRACT THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.G. FLEMING, INC., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL The work necessary for the completion of this Contract consists of mobilization, preparing the SWPPP or BMP Plan, removing certain interior portions of the General Services Building D Locker Room /Restroom at 592 Superior Avenue, remodeling the Locker Room /Restroom at that Facility, preparing As -Built plans and performing all related work as required to complete the contract work in accordance with the drawings and specifications. Contractor shall also complete the attached Schedule of Values with the bid. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4029, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications. and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Eighty -Six Thousand, Two Hundred Sixty -Seven and 001100 Dollars ($86,267.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 CONTRACTOR R.G. Fleming, Inc. 33866 Zarzito Drive Dana Point, CA 92629 949 - 661 -4961 949 -661 -6495 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract" G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with origina endorsements effecting coverage required by this Contract. The certificates anc endorsements for each insurance policy are to be signed by a person authorized by that 21 0 • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 • • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 • 1 • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. a�W J'O� 4 ATTEST: Cl 5 r A �<JKpAT��' )4U 12 �M� B) Dqr j CITY UERK APPROVED AS TO FORM: R. G. FLEMING, INC. a--,— By. RON C. HARP (Corp rate Officer) Assistant City Attorney Title: .?R£S/06i/7" Print Name: �Ie#AIAO k6�.vt By: (i ancial Offi r) Title: C/%9FP° *A V&4c 4PA* fr Print Name: A-14#A" )C:i"- /4 Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 BOND NO. 70542465 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.G. FLEMING, INC., a California corporation, hereinafter designated as the "Principal," a contract for construction of GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL, Contract No. 4029 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4029 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as °Surety") are held firmly bound unto the City of Newport Beach, in the Sum of Eighty -Six Thousand, Two Hundred Sixty-Seven and 00600 Dollars (586,267.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally. firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used In, upon, for, or about the performance of the work oontraeted 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 arty 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 tabor, than the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 B/£:d 020S9989TGT :0l :1406 -A 1:197:80 8002- L2 -Nlf The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above 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 9th day of July , 2008. Rle*AzD h C W"1"4 R.G. FLEMING, INC. (Principal) Western Surety Company Name of Surety 101 South Phillips Avenue Address of Surety Sioux Falls, SD 57117 ized Cynthia Ann Shaw (Attorney -In -Fact) Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED rxl 8/b:d 0205;9S69T6T:01 :WDHA UST:80 8002- L2 -Nnf CNA 7/7/2008 11:42 AM PAGE 3/003 Fax Server • • ❑ Acknowledgment of Principal % Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF Sacramento I as q � On July 2006 before me, �aS�P R R� �1��1 date here iaaert mace and title d' the office personally appeared_ CYNTHIA ANN SHAW name(s) of signer(e) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) isfare subscribed to the within instrument and acknowledged to me that hsWiehhey executed the same in his/herftheir authorized capacity(res), and that by hislher/their aignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea l Signature (884 (The balance of this page Is intentionally left blank.) areerm uregt Compaeylorn IN04-M 0 CNA 7/7/2008 11:42 AM PAGE 2/003 Fax Server 0 W2SLqC1Surety C"npxV POWER OF ATTORNEY - CERTIFIED COPY Bend VD. 705424 65 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the lawn of the State of South Dakota, and having its prlzefpat offco in Sioux Falls, South Dakota as "Conpaty'l does by these presents make, =.... .a and appoint CYNTHIA ANN SHAW its true and lawful attoraeg6j4 fact, with full power and authority hereby conferred, to aaecute, acknowledge and deliver for and an its behalf as Surety, bonds fm Principal: R.G. Fleming, Inc. Obligee: City of Newport Beach Amxxmt $500,000.00 and to bind the Company thereby as fully and to the same extent w if ouch bonds ware signed by the Senior Visa President, naiad with the corporate seal of the Company and duly attested by its Seceatuq, hereby ratifying and eoo6eaimg all that the said attonuyb}in -fast may do within the above stated limitmons. Said appointment is made under and by authority of the following bylaw of Western Surely Company which remains in full farce and effect. 'Section 7. All bands, policies, undertakings, Powers of Attorney or other obligations of the cooperation atudl be executed in the corporate acme of the Company by the President, 8seetsty, any Assistant Secretary, Treasurer, ar any We President or by such other offi.cen u the Board of Directors may autiwrixe. The President, any Pane President, Secretary, any Assistant Secretary, or the Treenurer may appoint Attorneys in Feet or agents who shall have authority to issue bonds, polidea, ar undertakings in the users of the Company. The corporate seed is net necessary for the validity of my bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The dgnatuueofany such offwer and the corporate sealeasly be printed by fwsimite." All authority hereby conferred shell expire and terminate, without notice, mniese need before Wight of December 6 2008 , but until such time doll be irrevocable and in full faro and effeet. In Witaas Whmw& Western Surety C=Pazw has cawed these presents to be Agaed by its Senior Vice President, Paul T. Bm", and ita tahe affixed this 7th day of July 2008 Ad a; WEST R SURE COMPANY ; "n& � T ;'' V*i pis *x Paul T. vice President 8T A sv C On this 7th day of July in the year 2008 ,befre me, anstary public, personally appeared Paul T. Beuflat, who being to me, duly -wore - Amowledged that be signed the above Power of Attorney as the aforevaid offiear of WESTERN SURETY COMPANY and salmowledged said instrument to be the volmatmy ant and deed of said 0. aaM�... R K.,.a,..v...,. ' ,a f D. ELL Nam ptNLM �ImA I ofary Public -South Dakota MMMMYMMMNw,wwM,w,avw a My camn ssfon Erpres Novelrher 30.2812 I the uuuiarsignud officer of Western Surety Cogan y, a stack cooperation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full few and effect and is irrevocable, and fu the nnore, that Seatien 7 of the bylaw of the Cguwmw as set firth the Power of Attorney is now in force. In Jt-eti Tony whereA I have hereunto set my hand and seal of Western Surety Company this 7th d of WE6T R SURE COMPANY Paul T. BrunKV5omor Vice President Form F63084- g 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT State of California County of Orange, T. Rowe, Notary Public Who proved to me on the basis of satisfactory evidence to be the person(s) Whose name(sMqre subscribed to the within instrument and acknowledged to me that he/they executed the same injWler/their authorizedee�t�y't ies), and that by r /their sig2!t s) on the instrument the pgwaia(s), or the entity upon behalf of which the pCE!qks) acted, executed the instrument. I certify under PENALTY OF PURJURY under the State foregoing paragraph is true and correct. ii witness my d a fficia 11, Sign Seal Claude T. Rowe, Notary Public Optional of attached Document Title of IN Document Signer(s) Other than the Named Capacity (ies) Claimed by Signer(s) CLAUDE T. ROWt COMM. #1522723 NOTARY PUBLIC. CALIFORNIA ORANGE COUNTY My Comm. Expires October 2% 2008 h Signer's Name Signer's Name Individual Individual _Corporate Officer_Title(s) Corporate Office- Title(s _Pamter_Limited_Geneial _Panriner_ Limited _General _Attorney in Fact ht Thom Attorney III Fact L t T6 rin _Trustee of Signer Trustee of Signer _Guardian or Conservator _Guardian or Conservator Other Other Signer is Representing: Signer is Represeming CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 BOND NO, 70542465 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,588.00 being at the rate of $ Flat thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.G. FLEMING, INC., a California corporation, hereinafter designated as the "Principar, a contract for constriction of GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL, Contract No. 4029 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 4029 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company , duty 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 Eighty -Six Thousand, Two Hundred Sixty -Seven and OOM00 Dolls (586;267.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fad 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. 29 8 /S :d 02099989T6T :01 :WMU FIST :80 8002- L2 -Nnf As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations Or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. . This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of July 2008. Rtc.kl*AWrUt11YL ` s,rxtf R.G. FLEMING, INC. (Principal) Adthorized Signa ure Ue n Western Surety Company Name of Surety 101 South Phillips Avenue Sioux Falls, SD 57117 Address of Surety 800 - 331 -6063 elephone f'sz a Ann R.h—T (attmrnny -In -Fact) Pr JA Name and Title NOTARY ACKNOWL.6DGMENTS OF CONTRACTQR AND SURETY MUST BE ATTACHED 29 8.9:d 020S%89TGT:01 :W08A UST:80 8002- 22 -14nr CNA 7/2008 11:42 AM PAGE 3/003. Fax Server ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF Sacramento I as q On July 2006 before me, 7 � !�A Ajt , here ert acne and tilde 0M. offim Personally appeared CYNTHIA ANN SHAW who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subsen"bed to the within instrument and acknowledged to me that helahelthey executed the same in hislherhheir authorized capadty(iss), and that by hialher /their aignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I cartify under PENALTY OF PERJURY under the laws of the State of CaYarnia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JOSEPH BALBUINI ���777 N x � 1764243 .0 u Signature (Seal) N kv Caw. Err. A00. 28, 2011 r (The balance of this page Is intentionally [art blank.) 1fYntnn luny oompmy►om 7e00 -0.2001 CNA 72005 11:42 AM PAGE 2/000 Fax Server I M POWER OF ATTORNEY - CERTIFIED COPY Bond No. 705424 65 )mow All Man By These Presents, that WESTERN SURETY COMPAN% a corporation duly ordamzed and existing melee the laws of the State of South Dakota, and having its principal office to Slum Fells, Smith Dakota (the'Compicirl does by these presents make, constitute and appoint CYNTHTA NN SHAW.. its true and lawlhl stiormy(s) ice- fact, with fall power and authority heroby cmforred, to ereoute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: R.G. Fleming, Inc. Obligee: City of Newport Beach Amount: $s00,000.00 and to bind the Company thereby se fully and to the eama extent as if such ban& were signed by the Series Vice President, sealed with the corporate seal of the Company and duly attested tp its Secretary, hereby rxtiWug and confirming all that the said attasney(s)-m -fat say do within the above stated limitations. Said app®ntmmt n made under and by authority of the 511owfng bylaw of Wastan Surety Compary which remains ins full force and effect. "Section 7. All bonds. policies, undertakings. Powers of Attorney or other obligations of the corporatism shall be asocuMd in the c uporato name of the Compaq by the President, Secretary, any Assistant Secretary, Tnampz, a my V ce President or by such other afBcere as the Board of Directors euy authorize. The President, my Vtce President, Secretary, any Assistant Secretary, a the Treaaorar 10377 appoint Attorneys in Factor agents who shall have an unity to issue bonds, policies, a undertakings is the name of%he Company. The amporata seal is not recassary, for the validity of my bonds, policies, nndertaldngs, Powers of Attorney or other obligatimm of the cmparation. Tian signalise of any such officer and the cooperate seal may be printed by f ice m7e." 2008 an hority hereby codartud shall espiaa and terminate, without notice, unless mod before �dmght of December 6 but until such time d udl be irrevocable and in full form and effort. In Wriams Whereat Western Smarty Company has caused these presents to be signed by its Semty Vice President., Prod T. Bruf at, and its WM"mil to be affixed this 7th day of July 1 2008 WESSUR E COMPANY Paul T. Vice President STMMI On this 7th dawa>E July in the year 2008 before ruu ,smtary pmbEq peraaeaU,y appeared Pad T. Bruffst, who being to me duly ssa a, acknowledged that he signed the above Power of Attorney as the sfaresaid officer of WE9PEBN SURETY COMPANY and acknowledged said metramment to be the Vchmtory set and dead of said cwrporatiea f D. KRELL Ommp" pumm p_aar N= DAM Notary Public - South Dakota hrw�rw�wwM��ww�• My Cmmmiasian Emkas NmvetMer 30, 2012 I the undersigned office of Western Surety Compaw, a stock corporation of the State of South Dakota, Is hereby certify that the attached Power of Attoaagy in in frill force and affect ands irrevocable, and futthetawra, that Section 7 of the bylaws of the Conwayy m act farthin the Power of Attorney is now in force. In testirr wla r"& I have hereunto met my hand and seat of Western Sway Company this 7th day of July 2008 WEST R SURE COMPANY OF Pail T. Vrce Pra nde d Fenn F63d6P1d0g CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT State of California County of Orange, T. Rowe, Notary Public Who proved to me on the Gasis of satisfactory evidence to-be the Nrson(a)-whose name(905dre subscribed to the within instrument and aclmowl , ged to me tME) lthe} ecated the same infer /their authorize acity ), an by !their si on the inctn,mrlx the s), or the entity upon behalf o which the )acted executed I certify under PENALTY OF PURJURY under the State of California that the foregoing paragraph is true and correct. .. ° ` ` CLAUDE T. ROWE 1` Witness my d ffic' F C.I'. R1522723 n Signature _Seal m NOTAAVPUBLIC- ��TMORNIA c Claude T. Rowe, Notary Public Mr Comm. Etpint Oct9W 2a. 2aae Optional Description of attached D�umen Title of Document f G � `i'6 1� l J' p / � 1, Document Date Number Of Pages_ Signer(s) Other than the Named Capacity (ies) Claimed by Signers) Signer's Name Signer's Name Individual Individual _Corporate Officer_Title(s) Corporate Office- Tide(s _Parmer_ Limited _General _Parmner_ Limited _General _Attorney m Fact t Then 'o Attomey In Fact F Rigbf Then rie _Trustee of Sigaer Trustee of Signer _Guardian or Conservator _Guardian or Conservator Other Other Signer is Representing: Signer is Representing 0 CERTIFICATE OF LIABILITY INSURANCE F7=1 PRODUCM Beach Cabs Insurance Servlcsa 1105 Al. Cmat HWway LagLIIe Beach, CA 92851 Ph" (949j494-0421 Fax (WA) 494-0856 THIS CERTIFICATE TS i98UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THRI CERTFICASE DOER NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE NAIL X INSURED R.G Fleming, Inc. 33866 ZarzitD Drive Dana Point, CA 92829- MURERA. State National Insurance Co. OF ANY KIND UPON THE INSURIB L, ITS AGENTS OR R1lPR!>lW7TATIVES. INSURER B: INSURER C: INSURER D: INSURER E: .. NSURER F: POLKM'OF WIURANCE LISTED HAVE BEEN ISSUIDTO THE NBURED WAWA ABOVE FOR THE POLICY PERIOD INDICATED. NOTN6M1ISTAHDM ANY REO OMAENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH1CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE NSURANOE AFFORDED BY THE POLICIES DESCRIBED NEREW IS SUBJECT TO ALL THE TERAO, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. AII01. TYPE Of INSURANCE I>OLICYNWPoLR POL�ICY OLIO WAITS A ® GENSRALLIANU r WaoMMERcuaGe4ERALLwa1Lm ❑❑ CLAWS MADE RI OCCUR p ORID00356 08/05!08 08115149 EACHOODURRElCE 1,004040 OMAWE TO RENTED oopaallm 100,000 A119 FJw ON ana Praon) 5,000 PERSONAL AADVINJURY 1,000,000 ❑ OENERALIWOREGATE 2,000.000 GENL AGGREGATE LMIT APPLES PER 0 POLICY ❑ PROJECT ❑ LAC PRODUCTS - OOAPJOP AGO 2,044,000 ❑ AUI'OMOe0.a UAWLFT`/ ❑ ANYAUTD ❑ ALLOWNEDAUTOS 0 � AUTOS ❑ NON OWNED AUTOS ❑ 00/189100 SINGLE LIMIT as aooa. BODILY INJURY ow PW" (PW , 1111!) PROPERTY DAMAGE ❑ GARAGE LNIIWTY ❑ ANY AUTO ❑ AUTO ONLY -EA ACCIDENT OTHER THAN FAACC AUTOOMY: AM ❑ EXCEBBUMMRIL ALMBDJTY ❑ OCCUR ❑ CLAWS MADE ❑ DEDUCTIBLE ❑ RITENTKIN S EACHOCCURRENCE AGGREGATE AND ANY PROPREFFORIPARTHER /EXECUTIVE OFFICIRIMMISMOUXEI ED7 IT,. aa.wA. nne11T SPEL'AAI. 61111 ❑ 8— ❑ EA -EACH ACCIDENT El DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS r LOCATIONS I VIEWLES I EXCLUSIONi ADDED BY ENDORSEMENT t SPECIAL PROVISIONS Contractor - Remodeling - Residential Job Location: General Services Buliding'D', 592 Superior Ave., Newport Beach,CA Certificate Folder is named additional insured per endorsement. CG 20 10 07 04 *EXCEPT 14 DAYS FOR NON - PAYMENT f_u•;.•illyl _t4iiP 7W:9.Ta.' _' -7�i S ^iCTd SHOULD ANY OF THEABOVE DESCMMPOUCOM EE OANCBL1110BEPORE THE EXPIRATION DATE'THERROF. THE MM MIRERVALLENDEAVORTO MAIL City d N Newport Beach 30 DAyswm TTBENoTimio TNEoomFA ENOLDWt NAM ®To 330 Newport Blvd. THEU TEUTFABLMETODO SOMALLMWMNOOBLNMTIONORLIABILITY NomPort Beach, CA 92658 OF ANY KIND UPON THE INSURIB L, ITS AGENTS OR R1lPR!>lW7TATIVES. QED REPRESINTATIVE f_u•;.•illyl _t4iiP 7W:9.Ta.' _' -7�i S ^iCTd POLICY NUMBER: 0R100356 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 BIWNC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON- CONTRIBUTORY- OWNERS, LESSEES OR CONTRACTORS TNa endorsement modifies insurance provided under the folkr ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Hams Of Additional Insured Person(s) Or O t}i Covered. Any person or organization thatth*nannld,h� mrsdla General Services Building obligated by virtue of a written contract so kto 592 5upierior Ave., Newport provide Insurance such as Is afforded by#&#*gcy *W Beach, CA 92658 Is approved by the Company In wv1EIng i4diln 9t} days of the inception of the contract or agreenumt, or the Incep- tion of this policy, whichever Is later. {nfonnstion required to comptate this Schedule if not shown above will be shown M the Declarations. A. Section 11- Win Is an Insured -is amodsd b Include so an additional Insured tie person(s) or Organkation(s) shown In the Schedule, but only with respect to Ilabltty for "bodily injury", "Property Damage" or "personal and adverthing Injury" caused, In whole or M Part , by: 1. Your acts or omte*{om; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(*) at the locations) designated above. B. with Respect to the insurance afforded to these additional Insureds, the following additional exciuslons apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insureds) at the location of the covered operations has boon completed; or 2. That portion of "your work" out of which the Injury or damage anises has been put to Its Intended use by any person or organt ation other than another contractor or subcontractor Engaged In performing operations for a principal as a part of the some project C. R Is agreed that the Insurance provided for the bo nafft of tins above additional Insured(s) shag be Primary and Non- conbilutory, but only with respect to Ilabift for "bodily Injury". "Property damage" Or "personal and advertising injury" caused, In whole or In part, ay" 1. Your acts or omissions; or 2. The acts or omk alons of those acting on your behalf; In the performance of your ongoing operations for the additional Insured(s) at the locstlon(s) designated above. CG 2010 07 04 BAVNC Interinsurance Exchange of the Automobile Club In Personal Umlralia Coverages and Limits Renewal Declarations We are pleased to offer you a renewal for your personal umbrella insurance policy. To renew your policy, send at least the minimum payment on or before the due date. Insurance is in effect only for the coverages and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your policy. ITEM 1. YOUR NAME AND ADDRESS FLEMING, RICHARD AND CYNTHIA �Y�y� 33888 ZARZITO DR POLICY PERIOD DANA POINT CA 92629 -2431 (snrAwl Tkm at s,,,awmi;,a.mned www ITBA 1.) THIS POLICY IS EFFECTIVE FROM: gaWI.:oot 12x1 A.M. TO: er.a.aM 1201 AM. ITEM 2. LIMITS OF LIABILITY LIMIT OF LIABILITY: $1,000,000 DEDUCTIBLE: $250 (II EXCESS OF THE LINTS OF LIABILITY OF PRMNRY NSLMMM ITEM 3. SCHEDULE OF REQUIRED MINIMUM PRIMARY INSURANCE DESCRIPTION Loan OF tINSILITY aOOILY "JURY PROPERTY DAMAGE UAI LITY COMPREHENSIVE PERSONAL LIABILITY (OR NOINIOWNERS LIABILITY) $318 $500.000 AUTOMOBILE LABILITY $500,000/5500,000 $100,000 wATE CRAFT LAD0LITY $500,000 TIE 'NARnELANCE OF PRIMARY NJIURANCE" PROVISION OF YOUR POLICY MOM COVERAGE LAIYTAT10H6 IF PRNARY EIMRIAUM0 NOT MANTAINM PLEASE REVIEW YOUR POLICY CAREFULLY LY. ITEM 4. ENDORSEMENTS IN EFFECT ITEMS. EXPOSURES BASIC (I RESIDENCE, / AUTO) 2 ADDITIONAL AUTOMOBILES YOUTHFUL OPERATOR PROCESS DATE 054&21108 A HKiH LIMIT PREMIUM TOTAL. EXPOSURE PREMIUM I TOTAL ENDORSEMENT PREMIUM TOTAL ANNUAL POLICY PREMIUM $318 $318 THIS PREMIIM IS BASED ON NFORMATION CURRENTLY IN OUR RECORDS. OTHER COVERAGES, LMT&, AND EXCLUSKM APPLY. PLEASE REFER TO YOUR POLIIM. FOR QUESTIONS OR CHANGES, CALL TOLL FREE AT 1i1r411Y41100. See reverse sift for Privacy Pmtectim Act Notice PLEASE KEEP WITH YOUR POLICY 0 .0 Interinsurance Exchange of the Automobile Club Personal Umbrella Coverages and Limits Renewal Declarations We are pleased to offer you a renewal for your personal umbrella insurance policy. To renew your policy, send at least the minimum payment on or before the due date. Insurance is in effect only for the coverages and limits of liability shown on this declarations page and as set forth in the insurance policy and endorsements. These declarations, together with the contract and the endorsements in effect, complete your policy. REM 1. YOUR NAME AND ADDRESS FLEMING, RICHARD AND CYNTHIA POLICY NUMBER 33H 33886 ZARZITO DR cAU alYSIOD DANA POINT CA 92629 -2431 POLICY PERIOD (sl�.0 Time ar Ille aam'eo amweo user ITea, a THIS POLICY IS EFFECTIVE FROM W41I&VOGII ,Mi AM. TO: 01-01-2000 1I2M AX ITEM 2. LIMITS OF LIABILITY LIMIT OF LIABILITY: $1,000,000 DEDUCTIBLE: $250 1N EXCESS OF THE LOM OF LIABILITY OF PRIMARY NSURANCE) ITEM S. SCHEDULE OF REQUIRED MINIMUM PRIMARY INSURANCE DESCRIPTION LMSra OF LIABILITY BODILY NIJURY PROPEIMTY DAMAGE LIABILITY PERSONAL LYIBILMY (OR HOMEOWNERS LIABILITY) $316 $500,000 AUTOMOBILE LUEUrY $500,0001$500.WO $100.000 VVATERCRAFT QTY 5500,000 WAGNM THE "MAMTEW= OF PRIMARY R9R1RANCE" PROVISpM OF YOISM POLICY Sw0NES COVERAGE LIYTATNMp IP PRIMARY NSURNICE 6 NOT MANITAMIED. PLEASE RLAIEW YOUR POLICY CAREFULLY. ITEM 4. ENDORSEMENTS IN EFFECT ITEM 5. EXPOSURES BASIC (1 RESIDENCE, I AUTO) 2 ADDITIONAL AUTOMOBILES YOUTHFUL OPERATOR PROCESS DATE 05-05.2DOS 3,- HIGH LIMIT PREMIUM TOTAL EXPOSURE PREMIUM TOTAL IDf memENT PREMIUM TOTAL ANNUAL POLICY PREMIUM $318 $316 THIS PREMIUM IS BASED ON INFORMATION CURRENTLY N OUR RECORDS. OTHER COVERAGES, LSATS, AND EXCLUSIONS APPLY - PLEASE REFER TO YOUR POLICY. 6TIONS OR CHANGES, CALL TOLL FREE AT 1. 1177422 @100. See reverse side for Privacy Protection Act Notice PLEASE KEEP WITH YOUR POLICY 0 RCYHOLDER COPY so STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07 -03 -2008 GROUP: POLICY NUMBER: 1241166 -2008 CERTIFICATE Ill 38 CERTIFICATE EXPIRES: 01 -01 -2008 01- 01- 2008/01 -01 -2008 CITY OF NEWPORT BEACH SG JOB:BLDG D LOCKER a RESTROOM ATTN: STEVE LUY 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. H REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - RICHARD FLEMING PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - CYNTHIA FLEMING SECRETARY - EXCLUDED. ENDORSEMENT #1600 - TIMOTHY CANNON VICE PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -1993 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008 -07 -03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER R.G. FLEMING INC. DBA: FLEMING CONSTRUCITON SERVICES 33866 ZARZITO DR UNIT C DANA POINT CA 92629 [RCV,CS] - (REV.2 -08) PRINTED : 07- 03-2008 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach 0 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/6/08 Dept. /Contact Received From: Shauna Oyler Date Completed: 8/8/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: A.G Fleming, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: State National Insurance Company B. AM BEST RATING (A: VII or greater): AVIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $IM Each Occ/$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes N No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Interinsuance Exchange of the Automobile Club B. AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes N No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A: VII or greater): Not Rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): ]sit HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Included. ® Yes ❑ No [—]Yes ® No and endorsement not Check A License: Contracto icense Detail Page 9 of 2 Skip to: CSLB Flome i Content j Footer I Accessibility garct 4 Department of Consumer Affairs O.Gov Contractors State Li eBoard t CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from tht Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center CSLB Library Frequently Asked Questions Online Services • Check A License or HIS Registration • Filing a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt complaint disclosure, a link for complaint disclosure will appear below. Click on the link o to obtain complaint and /or legal action information. • Per B &P 7071.1 7, only construction related civil judgments reported to the CSLB are dis • Arbitrations are not listed unless the contractor fails to comply with the terns of the arbitr • Due to workload, there may be relevant information that has not yet been entered onto It Board's license database. License Number Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: 601073 R G FLEMING INC 33866 ZARZITO DRIVE DANA POINT, CA 92629 Business Phone Number: (949) 661 -4961 Corporation 08/23/1990 08131/2008 Extract Date: 06/06/21 This license is current and active. All information below should b, reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed Contractors Bond number 6014926 in the amow $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/0112007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) RICHARD GENE FLEMING JR certified that he/she owns 10 percent or more o voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/18/1991 http: / /www2.cslb.ca.gov /Genera I -i nformation/i nteractive- tools /check -a -I i6ense/Li... 06/06/2008 Check A License: Contracto*icense Detail . Page 2 of 2 Workers' Compensation: This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1241166 Effective Date: 10/18/1991 Expire Date: 01/0112009 .. .. ...... ................. .. Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2. csl b.ca.gov /General -i nformation /inte ractive- tools /check -a -I icense /Li... 06/06/2008 California Business Search • • Page 1 of 1 tev1'Ci;ll'% of'%lale..DEBRADOEVE_ \T DISCLAIMER: The information displayed here is current as of MAY 30, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation R. G. FLEMING, INC. Number: C1483786 Date Filed: 6/25/1990 Status: active Jurisdiction: California Address 33866 ZARZITO DRIVE DANA POINT, CA 92629 Agent for Service of Process RICHARD GENE FLEMING, JR 33866 ZARZITO DRIVE DANA POINT, CA 92629 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. hftp: / /kepler. ss. ca.gov /corpdata /ShowAi lList ?QueryCo rp Nu mber =C 1483786 &pri... 06/06/2008 Encompass Detail Acct. Type: Business Tax License #: BT30019016 Bus. ID: 0049134 Name: FLEMING CONSTRUCTION SERVICES Owner FLEMING, RICHARD Name: Owner C Type: Exp. Date: 3/3112009 S Addy: 33666 ZARZITO DR S Addy 2: Addr3: DANA POINT CA ZIP: 92629 B Addr1: 33866 ZARZITO B Addr2: B Addr3: DANA POINT CA 134p: 92629 Phone: 9496614961 FEIN: 330421752 SEIN: 1483786 Established: 3/21/2007 SIC: 1511 - GENERAL CONTRACTOR Owner #: 29718 # of Emps: 0 usr1: 255316 usr2: usr3: usr4: usr5: usr6: usr7: C $Sto ; A MiCrQ Dft... le-)CONTRA.. Ij Inbox - ... 'PERMf T... f,0 2 IMe...- • s CITY OF NEWPORT BEACH GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL Contract No. 4029 Prebid Meeting Sign In Sheet Tuesday, May 27, 2008, 10:00 A.M. NAME CONTRACTOR/AGENCY PHONE NO. 4off metz-4.y *CxAl `iEN�R�rL Go ir-7 ^0-r. wy- 9Za, 77W. 5-krz (F 91y-so/ 4&iw /'t 14) 12Ib -0-C-1-3 q [AW66 W1g Ace A2ww,17a --� A6k b) n�, 9 `I9 • 707 `/ K'eX Ate*AwA Fz."iaG Ccw3rtvczoa /1,'78 -5577 ('�fil 914"m Akl ---)l �74! 3io 037 WlcG 6pcp " t`(7tf ?3 -3 993 �2AG05 GAY2iLEScu acG 445f-Tre.c 4/Y9 c64-57,t cXb#, �7 /lt��t0l� -7057 4off metz-4.y *CxAl `iEN�R�rL Go ir-7 ^0-r. wy- 9Za, 77W. 5-krz (F 91y-so/ 4&iw /'t 14) 12Ib -0-C-1-3 q [AW66 W1g Ace A2ww,17a --� A6k b) n�, 9 `I9 • 707 `/ K'eX Ate*AwA Fz."iaG Ccw3rtvczoa /1,'78 -5577 ('�fil 914"m Akl ---)l �74! 3io 037 r • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4029 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization F.,t'TrrrVsa,uo r--71t AA104fD @ �i O, Tt6gC� Dollars le Cents $ 11"163— Per Lump Sum 2. Lump Sum Demolish and Remove Existing Locker RoomiRestroom facilities @ N� c'5 "Vo �t/A Itars�j.+�/ /W and Cents $ 9 95o "=' Per Lump Sum 3. Lump Sum Construct New Locker Room, and Restroom Facilities $rxry Nw--r#eus4.uo 61vt11yv0A& @ -141"m 711 A1(#E Dollars and Cents $ Olz% Per Lump Sum 0 9 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Install Handicapped Parking Space / Qn/- Tr14vSAMP 54veW $,1VVArP @ Dollars �s and Cents $ 1,950 Per Sum 5. Lump Sum As, Built Plans �� �WE/I�NiaXk9. doilares and Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS �/ % �}0V -r d " 1Wz1 1IvA10"Y S/Xf'7 5FVFIV Dollars and Cents $ Z ..7 Total Price (Figures) By signing this document the bidder acknowledges that bidder, or his designee, attended the prebid meeting held at the General Services Administration Building at 10:00 A.M. on the 274' of May, 2008. b J5109 Date 9N9/ bbl -4961 fax 661 -b495 Bidder's Telephone and Fax Numbers (oO1073 & Bidder's License No(s). and Classification(s) 338&6 ZAazaavDiz,va,DRuA4iQr A Bidder's Address 7 z62,9 Bidder's email address: RICHARD ;f L9 Mw& e099 a MSN, COM 4 AM( B l o Ii,9 rN C.U6I AND u I-- 'VN-1 F:UJsersV4r&SharedlContracls1FY 07 -0!Nluild'i g D Locker Room Remodel C4020PROPOSAL C- 4029.doe • • From: Harp, Aaron Sent: Tuesday, June 17, 2008 11:25 AM To: Oyler, Shauna; Tse, Fong; Stein, Robert; Luy, Steve Cc: Locey, Mary; Rooks, Shari; Pollard, Jamie Subject: RE: General Services Building D Locker Room Thanks Shauna, we should go ahead and award to low bidder (Fleming) if he has removed all additional terms. Thx From: Oyler, Shauna Sent: Tuesday, June 17, 2008 11:24 AM To: Tse, Fong; Stein, Robert; Luy, Steve Cc: Harp, Aaron; Locey, Mary; Rooks, Shari; Pollard, Jamie Subject: General Services Building D Locker Room Aaron has reviewed the faxed letter from R.G. Fleming authorizing the City to remove the pages in question from the contract bid documents. Please let me know when you have modified the Council memo to reflect the changes. Thank you Shauna Oyler Public Works Specialist City of Newport Beach 949 - 644 -3311 1 JUN -16 -2008 04:50F' FROM: • •6443318 N R.G. FLEMING INC. BOB STEIN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 S„ niect GENERAL SERVICES SLOG. -D' LOCKER ROOMIRESTROOM City of Newport Beach Contract No. 4029 Per your instructions, R.G. Fleming Inc agrees to omit the pages attached to the contract proposal submitted on June S, 2008. These pages are described as the detailed CONSTRUCTION ESTIMATE, labeled Exhibirt W pages 1 through 6 of S. Thank you again for allowing R.G. Fleming Inc. to bid this project. If you have any questions regarding this proposal, please call me at 9491679 -5577 (cell). SINCEREL2FLEMING, RICHARD PRESIDENT P:1�1 6115108 R.G.FLEMING WC. 33866 Zan to Drive Dana Point. CA 92629 9491661 -4961 Fax 949 /661 -6495 LICENSE *SM073 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3-3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7.10 PUBLIC CONVENIENCE AND SAFETY 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7.15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -31 General 9 -3.2 Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.5 Solid Waste Diversion SECTION 310 PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint SECTION 313 BUILDING CONSTRUCTION 313 -1 BUILDING AMENITIES 313 -1.1 Tile 313 -1.2 Paint El 5 5 5 5 5 5 6 6 6 6 6 6 7 7 7 7 FA 0 313 -1.3 Lockers and Benches 9 313 -1.4 Light Fixtures 9 313 -1.5 Partitions 9 313 -1.6 Exhaust Fan 9 313 -1.7 Urinals 9 313 -1.8 Handicapped Plumbing 9 313 -1.9 Toilet 9 313 -1.10 Door Hardware 9 ATTACHMENTS SCHEDULE OF VALUE FOR GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM MODEL (SAMPLE) CALTRANS HANDICAPPED PAINT PARKING DETAIL A90A & B ORANGE COUNTY STANDARD DRAWING 408, BREAKAWAY SIGN POST • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEI CONTRACT NO. 4029 INTRODUCTION SP 1 OF 9 All work necessary for the completion of this Contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B- 5203 -5); (3) the City's (2004 Edition), including Supplements; (4) the Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) the California Building Code (2007 Edition); and (6) the Building permits. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802; Tel. (714) 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this Contract consists of mobilization, preparing the SWPPP or BMP Plan, removing certain interior portions of the General Services Building D Locker Room /Restroom at 592 Superior Avenue, remodeling the Locker Room /Restroom at that Facility, preparing As -Built plans and performing all related work as required to complete the contract work in accordance with the drawings and specifications. Contractor shall also complete the attached Schedule of Values with the bid." SP2OF9 SECTION 3 --- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and Standard Drawings for Public Works Construction and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. • SP3OF9 SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to the pre- construction meeting. Said schedule may be bar chart or CPM style. Construction shall not begin until a Notice to Proceed has been issued, a pre- construction meeting has been conducted, and the construction schedule has been approved by the Engineer. The Engineer will review the schedule and may require the Contractor to modify it to conform to the requirements of the contract documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet the approved schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. The term "work" as used herein shall include furnishing acceptable contract documents, obtaining permits, and performing demolition, removals, construction, installation, adjustment, cleanup, etc., as specified herein and on the Plans." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all construction within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all construction materials prior to starting work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St , the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 3:30 PM, Monday through Friday. The Contractor and his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after these normal working hours. SP4OF9 Should the Contractor elect to work outside normal working hours or on Saturdays, the Contractor shall first request approval from the Engineer. A separate approval shall be requested for each work shift. The Engineer reserves the right to deny any or all such requests. If the work is progressing on -time or ahead of schedule, the Engineer could consider exempting the Contractor from paying the after -hour supplemental inspection fees at the rate of $123.00 per hour when inspection is required for after -hour work. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7.1 for completion of work that work is not completed, the Contractor shall pay to the City, or have withheld from moneys due it, the daily sum of $500." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City of Newport Beach and the Contractor that $500 per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to the General Service's Department and the public as a result of the Contractor's construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace this section with "The City's Building Department has approved the drawings and the project is deemed 'permit- ready'." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "General Service's personnel are on continuous duty at the General Service's Facility and will require continuous access adjacent to the site during construction. These operations shall not be disturbed. To minimize the impact of construction, the Contractor shall: 1. Make every effort to conduct his work in a manner that will not interfere with General Service's operations onsite or within the General Service's Facility. 2. Provide barriers to control construction dust and debris at all times. 3. Remove construction debris from the work site at the end of each work day. 4. Provide restrooms, telephone and trash service for construction personnel. 5. Maintain General Service's Department business vehicle access to and from the General Service's Facility and its parking lots at all times. F • SP5O1`9 6. Park construction and personal vehicles on site as approved by the Engineer. To assure the security of this essential facility during construction, the Contractor shall instruct workers to remain within the work area and not to enter other areas of the General Service's Facility without prior approval of the Engineer." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "The Contractor will have gratis use of the City's water and power at the site." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from exiting the project site. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http: / /www.city.newport- beach .ca.us /i)ubworks /Iinks.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.03OA23 of the City's Municipal Code. Contractor shall also comply with the Clean Air and Water Act summarized is Section S -1 of the Specifications. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.4 Public Safety • 0 SP6OF9 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Building Contractor B License. At the start of work and until completion of work, the Contractor and all subcontractors shall each possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide to the Engineer "As- Built" corrections upon a copy of the drawings. The "As- Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The lump sum price bid shown on the Proposal shall include full compensation for furnishing all labor, materials, tools, and equipment and doing all the work, providing dust and debris control, including cleanup and restoring existing improvements, to complete the item of work in place and no other compensation will be allowed." Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and construction schedule, bidding, obtaining a Building Permit, preconstruction meeting, bringing equipment and material onsite, and all other related work as required by the Contract Documents. SP7O1`9 Item No. 2 Demolish and Remove Existing Locker Room /Restroom Facilities: Work under this item shall include all removals, demolition, proper disposal of debris, and all other work items as required to complete the work in place. Item No. 3 Construct New Locker Room and Restroom Facilities: Work under this item shall include furnishing and installing new fixtures, junction boxes, fans, conduits, wiring, repainting, installation of tile, benches, lockers, remodeling of the facility per the drawings, and all other work items as required to complete the work in place. Item No. 4 Install Handicapped Parking Space: Work under this item shall include installation of a handicapped parking space, and all other work items as required to complete the work in place. Item No. 5 As Built Drawings: Work under this item shall include maintenance of drawings on site, updating of the drawings, and submittal of a full and complete set of as built drawings upon completion of the project. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 0 • SP8OF9 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: `The Contractor shall perform all layout, alignment, and spotting for striping and stencils. The Contractor shall be responsible for the completeness and accuracy of all layout alignment, striping, stencils and spotting. Handicapped parking space shall be per Caltrans Standard Plan A90A &B, see Attachments Section. Breakaway sign post shall be per County of Orange Standard drawing 408 in the Attachments Section. Concrete wheel stop shall be by Macon Concrete Products ((800) 397 -9255) or approved equal." 310 -5.6.8 Application of Paint. Add to this section: "Paint for all painted areas shall be sprayable reflectorized thermoplastic. The thermoplastic shall be applied at 0.90 mm minimum thickness." SECTION 313 - -- BUILDING CONSTRUCTION 313 -1 FACILITY AMENITIES 313 -1.1 Tile. New floor tile shall consist of American Universal (M -814) 2" x 2" floor tile. Wall tile shall consist of Dal -tile Virestone Whitestone, 8" X 8" wall tile. 313 -1.2 Paint. All paint shall be Dunn - Edwards semi -gloss water based paints. Color shall be Swiss Coffee for all painted surfaces including, walls, ceilings, doors, etc. 313 -1.3 Lockers and Benches. Lockers shall be Republic Storage Systems "standard" single tier lockers, 18" X 18" X 72 ", with a sloping top, 3" Zee base and built in combination lock. Lockers shall be clored gray (Rpublic #50). Benchs shall be 1] Republic Storage Systems Bench and Pedestall and ADA Compliant Bench and Pedestall. Republic Storage Systems (800) 477 -1255. 313 -1.4 Light Fixtures. Light fixtures shall be Day -Brite DW AE232- 277 -1/2 light fixtures (6). 313 -1.5 Partitions. Partitions shall be Bobrick Phenolic Grey partions. 313 -1.6 Exhaust Fan. Exhaust fan shall be Tradewind VQTH -2 exhaust fan (2). 313 -1.7 Urinals. Urinals shall be American Standard Washbrook 6501.010.1.0 Urinals (2). Each urinal shall have a Sloan Valve 180 1.0 SMO. 313 -1.8 Handicapped Plumbing. Handicapped sink shall be an American Standard 9141.011 handicap sink (1). Handicapped toilet shall be an American Standard 3043.102 Madera 17" elongated handicap toilet (1). Handicapped toilet shall also have a Sloan valve 110SMO Closet Valve. 313 -1.9 Toilet. Toilet shall be an American Standard 3451.160 Madera 15" elongated toilet (1). Toilet shall also have a Sloan valve 110SMO Closet Valve. 313 -1.10 Door Hardware. All door hardware shall be schlage, heavy duty, Series "L ", Rhodes Lever Type with a brushed chrome finish. F:Wsers%PBWShared\Contracts\FY 07- 081Building D Locker Room Remodel C- 40291SPECS C- 4029.doc J SCHEDULE OF VALUE FOR GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM MODEL (SAMPLE) SCHEDULE OF VALUES GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL CONTRACT NO. 4029 Within two calendar days after award of Contract, the Contractor shall submit a Schedule of Values to the engineer for approval. It shall include, as a minimum, the following payment items: No. Payment Item Quantity Unit Total Price 1 A/S No. 0356.015 Vitreous China Lavetory W /Integral 1 Back Splash, Front Overflow and Faucett Ledge, Color - White, With delta No. 3551 -WF Fitting. A/S Support Bracket, McQuire No. 2150- LA -PW -WC Drain, Tailpiece and P -Trap. Wall (Hung Lavatory) 2 Kohler No. K4350 "WELLCOMME" Siphone Jet, Floor 1 Mounted, Elongated Bowl, Water Saver Complete With Sloan No. 111- 1.5 -YB -YC Flush Valve and Olsonite No. 95CC -SS Open Seat. Toilet 3 Zurn No. Z- 1446- NH -Z -VP, Complete With Round Vandal 3 Proof Polished Steel Cover. Wall Cleanout) 4 Kohler No. K- 4960 -T "BARDON" Wall Hung, Siphon Jet, 1 Water Saver, Complete with Sloan Regal XL No. 186 - 10-YB-YC Flush Valve, Zurn No. Z -1222 WLL Hanger and Stainless Steel Strainer. Urinal 5 Kohler No. K-4368 "HIGHCLIFF" Siphon Jet, Floor 1 Mounted, Elongated Bowl, Water Saver Complete with Sloan No, 111- 1.5 -YB -YC Flush Valve and Olsonite No. 95CC -SS Open Seat. (Handicapped Toilet 6 24" X 36" Plate Glass Mirror in Polished Stainless Steel 1 Frame. (Mirror) 0 0 CALTRANS HANDICAPPED PAINT PARKING DETAIL A90A & B ISA pallet g Sign R99, SIN . ISD mm vTyp ,rv.a bad Retaining curb if necessary f-J63 Si""Ik V09 mm Ml See Note 3 0N4}area —' lad linil6 line d a orals at 900 mm ter., ... Note e. Sidewalk 100 mm Ipo mm MMro en". line ins Gardar5, Wrp�_ — Not. 6 ESA Ms%In Reedier mac- occsalble of rear limiparking etaN tall (Eta of Btail A) —I Z.p m Win 1,53 m gu m in for relar a aeible pocking l tall 2.a8 Yln for wan acceSlDle parking stal se, No1a9 2. I I e M 12 SINGLE PARKING STALL 1.22 be e ��MiinI curb reap, See Not. T Siaeeoll, .I H l,n 'I .I PoM1lnp yavf SNioue uio mm MI bstructed 1 -x5 ISA M sell, at_ � ea•w 2 ` drab- --- - When See lol -1w See l5bpp 5 ew -wo Note 3 ]pIJtO XOte 3 ..to 6 a n sal i w -'Z x or rorol obetw Mm able loo mm of 1 Sad Rot* 6 located to prevent embraaCbment of vehicles Wet the feQUired Of Stell Is. Detail AI vidfh of plkwys. Parkirp afaNe small be 50 located that inersms with dlsabllltiea are not COmcelled to Neel ar walk behind parked tonne line cars e,W, than their pit. E Surface 6kepa. Of accessible aft- street parking atolls Nan W Ma $ ee minimum abuR1e 0.0 salt not exceed 2 percent in any direction. Daraer5 , See Note I TWIG A .MIT b0 used he materials. tta r.out," cumber of pomki.g 'falls accessible parking stalls in dry' parking lot Or Somali.. e.Tppe���9 Intend R9g °ISA Parkirp'or RSEA -Vt Accessible' Signs ore installed all, on siasroll s or otM paths of trove', the WtMm Of W sign ISA Wareing Oa^el s1a11 ae . minim.lm a 2A9 m above the surface of iM eboeeolk or both. yJ CUrb fM. Stoll Canfofm to the details BMe. M Standard men, 12.whare a . ntaSSible paraiN sp0ss is provided, the leading .'adding DB 2.44 . Exc lDBAept that the detectable yarning surface Seen only apply of rear lio mit �wZF Of atoll (See Detail A)- - 2.15 m Yin 2.15 m Min 1.53 m Min belvePre TO 0 nceal parking dial x.44 en Min ro ['T'IM right van oaroY9a parking See Nete6 2 aM 12 DOUBLE PARKING STALL TARI G A PoM1lnp yavf SNioue A¢intae feRlrafs{wi Mme. 1 -x5 ISA M sell, at_ � ea•w 2 ` (ear See Detail A) When DIAGONAL DOUBLI lol -1w s l5bpp 5 ew -wo 1 ]pIJtO 5 ..to 6 9 n sal i w -'Z x or rorol obetw Mm able Vii nw evver1 wi W1 ISA Parking Sign R99 Po"'inp 'i9n ram, Mot 1.22 m Min UiB I I .22 e line ISA Parking Sign R99 I ra pYm tfe ca0rans wro enw SONmo- /h..vdCmpv ISA M sell, at_ � Accessible Parking serving O Particular Wising shill be Pa limits of stall ` (ear See Detail A) �rking to an accOesiDle enwdmcb. N bog facilities that ad DIAGONAL DOUBLI lob mm Nnite 1 I,iie IiM an iM BW,t..t Moodu role of travel to ..sassable i" parking ty. m 2. of 900 \ \ centers, See \ \ ..to 6 e \ \\\v OFF— STREET PARKING F span (Parking net n goads) of 1 Sad Rot* 6 VW sCCE$SIDU SIGN IR99g1 Standard SOD mm x 200 mm ::::: ... : i'.. See NOM9 3 and 6 ISA PALM ENO SIGN (R9g) St IDIKiN NgT NIRIIXp Total TEXI0.E3 YII M1�WED AT Eli IT TEEEFXOIIIE mel,wo..s.n tardOTo 30o mm x AEG mm S** Note 6 SIM (RIOOS) Standard 450 mm z 600 mm See Note 10 FT01. Wits line aiagawla mm cent,"... See Asia 61 NOTES I ra pYm tfe ca0rans wro enw SONmo- /h..vdCmpv 1. Accessible Parking serving O Particular Wising shill be Pa =6 located an This beer accessible route of travel from adjacent Curb �rking to an accOesiDle enwdmcb. N bog facilities that ad t serve a pariiWar Wilding Moveable parking shwa be located iDIe 1 I,iie IiM an iM BW,t..t Moodu role of travel to ..sassable i" parking ty. m 2. Ona in eight a ,n every sigh} off se, parking Cut not \ \ TO less teen ells, sh011 M served by an naccessi0 e,sle of le of TZ11"lDle On bob m \ \ minimum moth and atoll W signed vas 9A accessible. The R99A e \ \\\v below sign shall be mWntea below its n99 "(SA Fork M' i,iDlt" P.kinO' digs. — ISA MarAirg 3. In each Denial .taM, a wM or Dumper anon M Drovldem ono 01 red, limits located to prevent embraaCbment of vehicles Wet the feQUired Of Stell Is. Detail AI vidfh of plkwys. Parkirp afaNe small be 50 located that inersms with dlsabllltiea are not COmcelled to Neel ar walk behind parked cars e,W, than their pit. See Ibis 9 a. Surface 6kepa. Of accessible aft- street parking atolls Nan W Ma (Z.44. minimum abuR1e 0.0 salt not exceed 2 percent in any direction. ntween reg 'Ors' TWIG A .MIT b0 used he materials. tta r.out," cumber of pomki.g 'falls accessible parking stalls in dry' parking lot Or Somali.. aacesslblel9ht oT 6. Intend R9g °ISA Parkirp'or RSEA -Vt Accessible' Signs ore installed all, on siasroll s or otM paths of trove', the WtMm Of W sign 2, old 12 Oa^el s1a11 ae . minim.lm a 2A9 m above the surface of iM eboeeolk or both. 1. CUrb fM. Stoll Canfofm to the details BMe. M Standard men, 12.whare a . ntaSSible paraiN sp0ss is provided, the leading .'adding DB 2.44 . Exc lDBAept that the detectable yarning surface Seen only apply R1Ti to ISA Nitre he CUM ramp Is provided for 0 potle.inan to cross a POD mm Rhite 6. glue saint, instead of vhiie may M used far marking aaceeaibility aielea in area. ehare once. may added Nice, merkinga to Mt ba 'Olble. Ej 9. The warda 'ND PARKING', shall M boiled in white letters n0 less teed 30D mm hlah and located $0 that it N JO traffic enforcement offi et, Sao Standard Plan A906 for aeMlls of the IID PARKING' Dovenent morking. 10.A Of loch piece algn NMII be Mated in o c4lities entrance W off-om r Immediately parking facilities or FOR ISA RKING o end 10 red visible fads each atoll. TM Bien small a M ine t addres ins Otltlress PARKING SPACE ON STALLLE CR STALL chafe the Weed taide m% M reclaimed! at hM 1DIeDhaM o, Pl ISCO Sid. Plat .12fG 1 traffic amber of +hem local irdffla lOV enforcenleni agenry. DETAIL A II.Akre a single (Ma -von) accessible parking apace is prwina, the IOOdirq aM embossing cCsses Olale atoll be ON tee paGishp.'r aide e tee vehicle as the vehicle is going formard into tee pwk'ng basso. 12.whare a . ntaSSible paraiN sp0ss is provided, the leading .'adding DB 2.44 end s teed 01810 atoll m wide minimum, and small filly be an iM pdssevil aids Of the vehicle as 1M Vehicle is going forward into the barking spas. ISA a international SMWI Of ACtgoibllity STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION ACCESSIBLE PARKING OFF - STREET NO SCALE ALL O(IENSIMS ARE IN r MtsLISETERS UNLESS OTNI:RK'ISE SaaIM 1 0 L53 m Min Direction of Travel seer aW,e , A See Note i L53 n Min See Note 5 IT np�_ Meslrw Parting Space M white Me DOrOx see Nate 6 �— Ra r PM in9 $Pace W mm Shlte Me innrto earn oci Avwe , , o- 4b 4 nuv20wrt Y— Curb cluganan at ,ya..m'•riw`r o,� °aO w SBOOee Notes enter¢ �. n`°• °w 3 x Curb To pJm Ma CdhwS won MM 2s Xly /rmwpymµv Curb Pomp I,ITYP See Hate 0 Bee PoNted Lure 2000 mm SlderaM ISA ParKing sign 6991 NOTES 1. peace algll be eo I°N}ed that Persons with d% In aiaaDii t'ea are hot cancel lea to wheel or behind SINGLE PARKING SPACE walk Parsed wfa other than their own. 2. SMrfdae slopes Of accsstWe on -.tla Parking spaces 91x11 Dlreation of Travel �► be the minimum feasible. See Note 5 3. there R99 "ISA Parking Sigh' are iAStalled on sidsvalka or 1.53 in Min other paths of travel, the bottom of the Sign NMI atoll CO a 2.04 \ $es Note i minimum of in above rho surface of the Sidewalk o- °o}h, N e. Wfb ram" Snell Conform to the details Shown all Standard Q Plan ABBA. Q Igo mm Shift H. mm 5. ACcesaiDle on- street parking lu,Nw. atoll Mt M .11, in Ien91h Cr width than that aMClfied by the A Parking A Ilse Wt. 6, der, or, See Note 6 N0 ' ' Reg Parking $pace ICCeI jurisdiction for other parking SpdcH. CD 9000 0 6 E nR 6. Blue pointy instead of whip may be used for marKiny In a gur0 CA Panted Nue Poln}00 – Qlrp tore accessibility aisles areas where Show may cause Mite mafkings to Mt be visible. N O ll l iYP Mall be pointed Mire letters no T. The wren "NO Pin ,0 CUrD R°ip lose high background and 300 mm high a cto Sae Nofe 0 sa that it is el S visible to traffic enforcement traffic orceme n} S Sidewalk Us Standard 2 a e d minofficials. See Standard Plan INGE far ¢gWre meter area for pointing for the "N0 PARKING ". Z ISA PwkNg words Sign IR99) DOUBLE PARKWG SPACE a ON— STREET PARKING O rkt IPonaWel Parking) W 1 1 114 ........... .�_ r50 STATE OF CALFORMA 3 ISA PAIMMG SIGN 0199) OEPARTNENT Of TRANSPORTATION stdnaarS 0 Note 3 Z """ ACCESSIBLE PARKING 40 �� ON- STREET PAVEMENT NARKING DETAIL See Wt.? NO SCALE ISA = 111}erao}INgI $ymb010f AEGe5aR111 }y ALL gINEN$Ig15 ARE IN A °OB Mi LL [METERS UNLESS OTNE" SE SNGNN O 0 E 0 ORANGE COUNTY STANDARD DRAWING 408, BREAKAWAY SIGN POST FOOTING DETAIL NGN POST 'ROUND SURFACE 3" 6 UNIVERSAL HEAD 1 Drive sign post anchor into ground approximately 2' -6" depending on local soil conditions. Leave one hole exposed above ground for bolt connection. Post anchor is the next size larger tube than sign post. 2 Drive in anchor sleeve which is a size larger than post anchor and about 18 inches long. The sleeve insures more strength at critical bending area and provides a double wall thickness for the break -away post function. When driving sleeve, leave post anchor 2 or 3 inches above surface as friction from dirt between anchor and sleeve causes anchor to drive slightly with sleeve. The top rivet hole of the anchor and sleeve assembly shall remain exposed. 3 Insert sign post and rivet in place with two 5/16" Universal Head Drive Rivets, one placed facing traffic and one perpendicular to traffic. -AN [ADVANCE ANGE COUNTY ENVIRONMENTAL MANAGEMENT /J AGENCY 8 Approved �. I . , iredp pied: Res. 77-92. Revised: Res. TS -791 CR. Nedspn Assisldnl D 'F 2 STREET NAME SIGN STD. PLAN A � • .OF 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ,IH >.: 3 '11 1 T Agenda Item No. 14 June 24, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949- 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: General Services Building D Locker Room and Restroom Remodel — Award - Contract No. 4029 Recommendations: 1. Approve the project Drawings and Specifications. 2. Award Contract No. 4029 to R. G. Fleming, Inc., for the Total Bid Price of $86,267.00, and authorize the Mayor and the City Clerk to execute the contract. Establish a contingency of approximately 15% in the amount of $12,733 to cover unexpected construction and miscellaneous costs. 4. Approve a budget amendment transferring $34,400 from project savings in Account No. 7015- C5100817, Mariners Park Improvements, and $6,600 from project savings in Account No. 7013- C5100019, Citywide Street, Parking Lot and Storm Drain Improvements, into Account No. 7011- C1002001. Discussion: At 11:00 a.m. on June 5, 2008, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low R. G. Fleming, Inc. $86,267.00 2 Unique Performance Construction, Inc. 106,600.00 3 Ascend Management Services, Inc. 114,601.00 4 MZN Construction Inc. 116,000.00 5 DLG Electric and Construction 150,000.00 The low total bid amount is 72 percent above the engineer's estimate of $50,000. The discrepancy between the engineer's estimate and the low bid may be due to the volatility in the energy market, higher unit costs for building equipment, appliances and fixtures due to the small size of this project, and the specialized nature of some of the work. The low bidder R.G. Fleming possess a California State Contractor's License Classification "B' as • • General Services Building D Locker Room and Restroom Remodel — Award — Contract No. 4029 June 24, 2008 Page: 2 required by the project specifications. The contractor has satisfactorily completed similar projects for the City of Newport Beach. The work necessary for the completion of this contract consists of mobilization, removing certain interior portions of the General Services Building -D Automotive Division locker room /restroom located at 592 Superior Avenue, remodeling the locker room /restroom at that facility including replacing toilets, sinks, urinals, mirrors, ventilation fans, floor and wall tile, lockers, and repainting. Environmental Review: A Notice of Exemption has been filed with the County Clerk. Funding Availability: General Fund cost savings from two completed projects: 1) Mariners Park Improvements and 2) Citywide Street, Parking Lot and Storm Drain Improvements, are available to augment funding for this project. Upon approval of the budget amendment, there are sufficient funds available in the following account for the project: Account Description Corporation Yard Bldg. D Rehabilitation General Fund (Budget Amendment) Proposed uses are as follows: Vendor R. G. Fleming, Inc. R. G. Fleming, Inc. Various Prepa by: -,,1 ;Z �4— Stephen tuy, P. E. Associate Civil Engineer Attachment: Location Map Account Number Amount 7011- C1002001 58,000 7011- C1002001 $ 41,000 Total: $ 99,000 Purpose Amount Construction Contract $ 86,267 Construction Contingency $ 10,733 Inspections /Incidentals $ 2,000 Total: $ 99,000 Submid y: Stephen G. ad um Public W s i or Mark arm n General Services Director • VICINITY MAP General Services. Building D Locker Room /Restroom Remodel DRA -VinN0 No: EfcWW A C -4029 CW of Newport Beach NO. BA- 08BA -081 y BUDGET AMENDMENT 2007 -08 AMOUNT: $al,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance FYPI ANATICIN- This budget amendment is requested to provide for the following: To transfer expenditure appropriations due to project savings from the Mariners Park improvement project and from the Citywide Street, Parking Lot and Storm Drain Improvement project to the General Services Building D Looker Room and Restroom Remodel project ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: Signed: Number Number Number Number Number Number Number Number Number Number Description Description Description 7015 General Fund - Parks C5100817 Mariners Park Improvements 7013 General Fund - Street C5100019 Citywide Street, Parking Lot & Storm Drain 7011 General Fund - Facilities C1002001 Corp Yard Field Maint Locker Room Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $34,400.00 $6,600.00 Automatic $41,000.00 Date