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C-4183 - Central Library Bookstore Renovation
m �o v CITY CLERK CITY OF NEWPORT BEACH CENTRAL LIBRARY BOOKSTORE RENOVATION CENTRAL LIBRARY BOOKSTORE RENOVATION STERNDAHL ENTERPRISES, INC. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................3 NOTICE TO SUCCESSFUL BIDDER .............................................. ..............................4 CONTRACT...................................................................................... ..............................5 LABOR AND MATERIALS BOND .................................................... .............................11 FAITHFUL PERFORMANCE BOND ................................................ .............................13 PROPOSAL................................................................................ ............................... PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the Public Works Department in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS PROPOSAL 2. 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. 3. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 4. 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. 5. 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 shall be deposited in a state or federal chartered bank in California, as the escrow agent. 6. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703- 4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the Califomia Labor Code — including, but not limited to the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 7. 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". 1 8. 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. 4491 $a3 63, A C:31 Contractor's License No. & Classification 3_2a,oq Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE REMODEL CONTRACT NO. 4069—N DESIGNATION OF SUBCONTRACTOR(S) (IF APPLICABLE. WRITE'N /A' IF YOU ARE A SUBCONTRACTOR) 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 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 Project Manager 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 Item Description of Work %or Number Total Bid Name: Address: f\,bo�� Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder Authorized Signatureffitle 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION 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. 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 of receipt of the Notice 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 Rating 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. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION THIS AGREEMENT, entered into this t' day of rl , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Sterndahl Enterprises, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: Provide parking lot ADA upgrades for the Central Library Bookstore Renovation project. 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, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for CENTRAL LIBRARY BOOKSTORE RENOVATION, 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. 5 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 Eighteen Thousand, Five Hundred Dollars and 001100 ($18,500.00). 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. 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: Mark Reader (949) 981 -5260 (949) 644 -3318 Fax Sterndahl Enterpirses, Inc. 1861 Branford Street Sun Valley, CA 91352 (818) 834 -8199 (818) 831 -8618 Fax INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. 2. S4gnature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 7. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 9 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: f TY Rp1P APPROVED AS TO FORM: flAynett"< B uch p Assistant City Atto n y Attachment: Proposal CITY OF NEWPORT BEACH A Municipal Corpora;ojf/ y: &G�. Badum li orks Director STERNDAHL ENTERPRISES, INC. 7 By: (Corpor e icer) Title:y P Print Namej. By: (Fin y ci I Officer) Title: a-- i C! of t Print Name: Depn'l S -5. slerm-10 Please note: Corporations must complete and sign both places above even if each office is held by the same individual 10 BOND NO.: 349483P BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND BOND ISSED IN FOUR COUNTERPARTS CENTRAL LIBRARY BOOKSTORE RENOVATION BOND NO: 349483P LABOR AND MATERIALS PAYMENT BOND VVERFAS, the Oty Cound! of the gay of Newport fir. Stags of Caltfomis. tM 01011M adapted, has awarded to ab n>tdaht Ott uprises Inc, hereinafter dmignalad as the `Prirrapal," a contract tar constnxiion of WSW FORMAL CONTRACT, Contact tax 406M in the City of Newport Beach, in strict conformity with the plane, drawings, specifications and other Conhaot Documents in the otfioe of the Pub0 Vkft Dapolhrierd of the CRY of Newport Beads, all of wtrich are inoorporated herein by tinerefetanee WHEREAS. Principal has executed or is about to execute Contraet No. 4069.9 and the terms thereat require the fumidiing of a bond, pravtding Vint I Principal or any of Principars sirbcorihacims, shall Pall to pay for any mateflala, provisions, or other suppiles used in, upon, for, or about the portormanoe of the work agreed to be done, or for any work or labor done thereon of any bind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, Wk the underragnad Principal, and, DEVELOPERS SURETY AND INDEMNITY COMPANY . duly authorized to tllarmad business under the laws of the State of Ca!HFuPo4 as Surely, {referred to herein as "Swetyry sue held 6imly bound unto the Oily of Newport Beach, in the am d S18,911110; IawU rrianey of the linked Sidles of Amerir;a, said Burn being oWat to 10D% cr ftre estimated amount payable by the Ch of Newport Beads under the terms of the Oonhact; fon winch payment well acrd truly to be made, we bind orbs our hebi% mmulors and administrators, surer or reigns, jarttlY and wmrally, firmly by them preset. THE OONDMION OF THIS OBLIC,ATICN IS a", that if the Principal or the PrIndpal's subcrntractors, fad to.pay for any n>ettal04{s PJP'i v.k%ax.9lher.ftuDP` .�� t Y used in, won, for, g about,the peftin at" ,Wo gon#adad to be done, or for any fitter wo W or labor thereon of any."; or ter g 4 aunt dWa Wjd. the UnemPbymeM Insurarm Code with reaped to such wok or labor, or for any smoufts required to be daduc liK wdhhw1d and paid over to the Employment Development Departrnent from the wagee of errpbyem of the Principal and subcontractors pmuutt to Sean 13020 of to Unemployment lnsteanr2 Onde vAM neatest to such work and labor, than the Surety will pay For the wrnq in an aamwit not moseft the sum spedfkd in this Bond, and aleor in case out Is brought to enforce the obifoations of this Bond, a remonatle attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the qvn Code or the swe of CaNforrna The Bond shall Inure to the benefit of any Bud all parsons,, oomparues, and corporations armed to file eratrris under Sedleri 31E(I of the Z:ai!fairtra CMI Code so as to give a right Of action to tlnern or their astHgro;p ar±y jatougtrt stPan IN Qa�d. rspu: by and in acuorctance with the provisions of Sections 3247 et seq. of the &MI Cade of the S66 of Calti mfe. Arid Surety, for value reoekge hereby stipulates and agrees that no orange, extension of time, alteretions ur additions to the terms of the Contrad or to the wnxttt to be performed itemrmfer or the sons accompanying the same shat in any wise affect its abtigations on this Bond, and d does hereby waive notice of any such change, eflension of time, alterations or WdWns to the terms of the Qx*W or to the work or to the spec fors In the event that any prim * above named executed this Band as an tndfviduak it is agreed that the death of any such princ4ml snail rot exonerate the Surly from its obligotCns under this Bond. _.._........ .. IN WITNESS WN IEREOF, this Instrument ryas been duly exectOW by the above named Principal and Surety, on the 26 day of FEBRU am, STERNDAHL ENTERPRISES, INC. '&� L"�-tL� Name d Cmtrador (PrhdpaQ DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 500 N. Brand Blvd., Ste. 1120 Glendale, CA 91203 AddreBS Of Surely 818 -552 -6125 Telephone YUNG T. MULWK, ATTORNEY -IN -FACT Prht Name and Tltie NOTMyAcmKWAMOMEm of CONTRACTOR AND SURETY musTsE ATTACHED 12 ACKNOWLEDGMENT State of California County of Orange } On February 26, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick , who proved to me on the basis of satisfactory evidence to be the person(w) whose name(s) is /am subscribed to the within instrument and acknowledged to me that he /&b&,*fflV executed the same in hisAxx*l k authorized capacity(isso, and that by hish signature(s) on the instrument the person(p), or the entity upon behalf of which the person(7s) 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. 4sv, CHRISTINE T. HOANG COMM. # 1827909 NOTARYN IC.CA:JFCRNIA WITNESS my hand and official seal. ORANGE COUNTY My Comm. Expre DEC 23. 2012 Signature (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMMRY COMM DS= MTYCOMPANY OF CALFORMA PoMd19725,I iNE,CA928P8(W9}2S3�= MMOWALL MEN 8YTHiM PRESERM tpMl3ta¢eptcagra*WK DEVELOPERS SURETYAND INDEAMSTY,COMPANY and INOEBMMTY COWNY OF CALIFORNIA. do eadl haUbyade, rmdBAeed aPPoit :" * **Yung T. Mullitk, James W. Mollanen; ,1ennifer Giboney, Frances Lefler, jointly or severally * ** AM b)*IPA W WMAftWX$RWtcL bmete, execute. defwerad adaewledge, brand an behdddM torpaabaa, ne Weft. bonds. 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T*Cedbnbisuwu dhlMC*daWKCWw,kta 26 dayd FEBRUAR`{, 2009 Bpf. go ACKNOWLEDGMENT .......................................... ..............................I State of California A County of ) t"� S Am QckW } ss. On 3 tee, amore me, C o Notary P blic, personally appeared 5 ,w -%,) a who p bved to me on the name(s) is /are subscribe d he /she /they executed the his /her /their signatures(s) which the person(s) acted, basis of satisfactory evidence to be the person(s) whose to the within instrument and acknowledged to me that same in his/her /their authorized capacity(ies), and that by on the instrument the person(s), or the entity upon behalf of 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. Signa u TROY HILL commkttoo +e feeete� = Lot AOPW Counttr Owm, 2e 2012 ,,.. ,. ............................. ............................... a... a......., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President I Vice - President / Secretary I Treasurer Other: Other Thumbprint of Signer Check here if no thumbprint or fingerprint is available. .,.•r_ ;o..... .,.0., ii; . BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND ISSUED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKS30RE RENOVATION SOA1ONO, 349483P 1.11 I I R 21Z-K It z I -' � � -' a The prermum charges on ttris Band is $ 27B-00 bring at the rc* cf $ 15.03 itcousand of the Gonhad price MEREA.S, the Cty Council or the any d Nawfiad Bh erh, State of adliorria, by motton adopted, awarded to Starridafrl Enkliprlseg htc., hereinafter designated as the 'Ptir*d a aaltrad for =WIR r UM d KASTER EOARIAL CONTRACT, Conftct Nor. 4OWN in the City of Newport Beach, in strtot conformity with the plane, drawings, Weacallorm, and other 0ontraet DOcumenle maintained In the Pudic VWft Department of tre City of Newport Beach, afi of which are tnoorporalied herein by fris refeter= V44ERFAS, Principal has ammitiad or is about: to ereoLte Canfrdat Nor 4069A and the terms thereof require the fi rnishing or a Bow for the faithful perramiance or the Ccurtract; NOW, THERE=FORE, wile, the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY duly authorized to transact business under the laws of tie Soft of C2Za as Strhefy (hereinalt r "Suety. are held and firmly bound unto the Uty of Newport Beach, in the sum OF $19-WO IawfurerteMeq of ttte kFAW41[Mm of Amenoa, said sum baring equal to 100% Of the estimated amount of the Contract, to be paid to the City of Newport Beach. its 8uo014e0M and assigns; for which payment well and truly to be made, we bind ourwk E,, our heirs, arw Aors and adminislratom, sucoessorA or assigns, jointly and severally, firmly by these Preterit. THE CONElITION OF THIS OBUGA71ON IS SUCH, that t the Prirrapal. or the PrRhcipars heirs, wmutas, wminiwrakM SUcasssom. or assigns, fail to amde by, and well and truly !seep are perromr arty or aG the work, covenants, conditions. and apreemerds in the Contract Documents and any atberdtion thereof trade es therein provided Oft its part, to he leapt vW perfnnoed at the time and in the manner therein! Wwfied, and in all „respects according to its true intent and meaning, or "3ilstO uxerrupfy. defend, and save hwaksis_ the _Citt of.NewpottBeach, its Officers, y� and agents, as there! .rA .cam vral_fai ply perform the same in an amount noi_aweedinc the Sum iii! ris=t rd ,�, s oki{gafion_shall become null and void. W, As a Part of the okilgation serxaed to". and In additiun 1a the fas ammL'nt Spridfied In tfns Pedhfm, ttce bond, there shell be wx*WW coats and reasormble expenses and fees; madr g mWonatie attomeys Ams, moumed by the City, only in the avant the City is required to bring an aeon in haw or equity agape Surety to enfatae the obligation of this Bond. EY, for value named, 51PAstes and agrees that no dtange, extensor of tune. aftahons or additions to the terms of the Contract Of tb the work tO be performed thamrKW or to ft ors awompanyirq the same shat) in any way of et its obligations on this Bond, and it does hereby waive notice Of an,Y such change extension Of time, alterations or adddlons of the CODntract or to the wank or to the sp x ficefta_ This Faif ft Pe formance Bond shall be w0undad and nrairdatrred by the Principal in full farce and eifed far One (1) Year Wouing the date of Wrial acosptanoe of the Project by the City. In the avant that the Principal wmwlad Vd8 bond as an individual, it is agrad that the death a any suds ftwPal OW not exanerMe the Suft tram 6 &IPWns under this Bond IN WITNESS %AHERE)OF, )his irm*ument has been duty ea=&3d by the f and f3ilrety above named, on the 26 der of FEBRUARY 2ppp. STERNDAHL ENTERPRISES, INC. Name of antlactor (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY wank c suwh 500 N. Brand Blvd., Ste. 1120 / Glendale, CA 91203 YUNG T MULLICK, ATTORNEY -IN -FACT Address at swety Preat Name and Tice BIB -552- 6125.. ,....�... .. .. x';3.0 ..:. "._. Telephone ' WTARyAeKr WLMD fwwnofCONTRACT0RAmSURETY :MUSTfare ATICACMD E ACKNOWLEDGMENT State of California County of Orange ) On February 26, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick , who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is /am subscribed to the within instrument and acknowledged to me that he4ftWW executed the same in hisi r authorized capacity( *, and that by his/JmwjkMk signature(&) on the instrument the person(*), 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. w ,�' °` CHRISTINE T. HOANG COMM. p 1827809 "r NOTARY %1EUGCPIIFORNIA ORANGE COUNTY N Y Comm. Ewoty DEC 23.201? Signature (Seal) a t ACKNOWLEDGMENT ......... ... . ... ................................ SUN ........... ..........9 State of California County of Ispc-*) A r. a c(c 1 ss. On c�3 t*ore- me, 1 Cam, .`t. Notary Public, personally appeared I1� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TROY HILL AZM Comndsdon * 1500167 # Notm/ Publk • COMIA �f Los Anpttlfs County my Cow Et ineAo 25 2012 �sar�i ........................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 1 ;.:: 4A.ws ?re;'aabnn Ira 00D ti85 -8.156 vmw ailstatenotary.cori Best's mating Center - Company Information for Developers Surety and Indemni... Page 1 of 2 Ratinit Curder Ritlnq Pdr0'inrlGlu d incur b, F. -frrh Ratlrx74 Detraticrls k, Scar' h E` +t l' P -junq- Pr+ F•elated Prn9ui t F; Country F. I--.. tr Lp= ti.v ?•I Flnarire 'j Hnw In r . I F rt•`a - Contain an /vrr..l ;( rt View Ratings HnadoralStrength Issuer Credit Securities Advanced Search odhr 11'r,Cenlrra r Developers Surety and Indemnity Company .v n nr ' "I 111 h'd,r, nrounl AM auxr♦ In,, druc. Ien. 'Elul V. 0]0019110 rr "9' MOrp f'1r•f..rrcf .r nil uLe Fir Address 17190 Filch. Smte 200 Phone: 949 A3 -3300 • n n.,I, i. irr „ a m., Varne. CA 92614 Fax 949 252 1959 Web wvv.nrscodcocum Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ralmgs View Definitions Rating A- (Excellent) Long -Term a- Af4oapdn Core 9(Group) Dv00o1, Stable Finanoal Sae Category VII ($50 Width to $100 Mrpronf Action Affirmed Oullook Stable Dale' April 15, 2009 Action ' Affirmed Effective Dale April 15, 2008 " Denotes Under Review Ratings. See rating definitions Reports and News Visit our NewsRoOm for the latest news and press releases fur this company am its A M Best Group + AMB Cretlit Report - Insurance Professional fUnabridged)(formerly known as Best's Company Report) Includes BeslSFin • �� nitcr ale along with coniprenensme ana ...... I commentary, detaned business overvlen and aey frnanodl data I Refund Revision Dale: 07116,2009 (represents the latest significant change) Historical Reports are avaalabte in AMB Great Repprl Insurance Professional )Unaondged) Archie Best's Executive Summary Reports (Financial overview) available in three versions Ihcse presenraodn sir +e reCOrls /eatery balance s key financial peammance lesls including praf abOLy. Egurdnly and reserve analysis lM. Data Sbn 6:2009 Best's Statement Fie -PIC, US Contains pals complied as of 3112/2009 (QUallly Cross Checked) F Single Lompany -Lve years of hnanaal data spr,Cificapy on 1M1is company F Comparison side by side financial analysis of this company with a peer group of up to five other companies you select F Composite evaluate this company's financials against a peed group composite Report displays dot. the average antl late/ composile group ... .. .... ... ........._......._ ... _.. ... .. AMB Credit Report - Business Professional - provides three years of key fmanoal data presented with colorful charts and tables Each rr latest Best's Ratings, Rating Rationale and an excerpt from ow Business Review cwpmentdry Data Status: Contains data compiled as of 3112;2009 (Quality Cross Checked) Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and knaneal data as prounned in Best's Key Ra i� Data Status: 2001 Finanoal Data (Quality Cross Checked). 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Customer Service I Product Support I Member Center I Contact Info I Careers About A M Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing http://www3.ambest.com/ratings/FullProfile.asp?BI=O&AMBNum=l 1752&AItS rc... 03/13/2009 California Business Search C.�1�'t �o_rrt�ia � us ►111 @ -SS 111111. UtFV;bi State DEBRA Ba�vEiv DISCLAIMER: The information dispiayed here is current as of MAR 06, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation STERNDAHL ENTERPRISES, INC. Number: C1066904 Date Filed: 2/23/1982 Status: active Jurisdiction: California Address 11861 BRANFORD ST SUN VALLEY, CA 91352 Agent for Service of Process TAMARA C HOLDER 1880 WINTERDEW AVE SIMI VALLEY, CA 93065 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. Page 1 of 1 http://kepier.ss.ca.gov/corpdata/ShowAlIList?QueryCorpNumber=C1 066904&pri... 03/13/2009 ICrI _^J Encompass Detail Acct. Type: Business Tax License #: BT30026962 Bus. ID: 0056731 Name: STERND.AHLENTERPRISES INC Owner STERNDAHL. DENNIS Name: Owner C Type: Exp. Date: 213312010 S Addy: 11861 BRANFORD ST S Addy 2: Addr3: SUN VALLEY CA. Zip: 91352 B Addr1: 11861 BRANFORD ST B Addr2: B Addr3: SUN VALLEY, CA R Zip: 91352 Phone: 81 8834 -8199 FEIN: 6739 SEIN: C106690 Established: 2/26/2009 SIC: 1771 - CONCRETE WORK Owner #: 0056731 # of Emps: 0 usr1: 95965 usr2: usr3: usr4: usr5: usr6: 940329078 usr7: Done it Internet tStatt : 'PERMIT... ' SI:erndah... 4 Inte...- ^, V2 10:54 AM Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State License board Contractor's License Detail - License # 421823 rL DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database License Number: 421823 Extract Date: 03/13/2009 STERNDAHL ENTERPRISES INC Business Information: 11861 BRANFORD STREET SUN VALLEY, CA 91352 Business Phone Number: (818) 834 -8199 Entity: Corporation Issue Date: 04/23/1982 Expire Date: 04/30/2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C32 PARKING AND HIGHWAY IMPROVEMENT Classifications: A GENERAL ENGINEERING CONTRACTOR C31 CONSTRUCTION ZONE TRAFFIC CONTROL CONTRACTOR'S BOND This license filed Contractor's Bond number CB2412 in the amount of $12,500 with the bonding company CONTRACTORS BONDING AND INSURANCE COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DENNIS SCOTT STERNDAHL certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 09/2612000 BQI's Bonding History This license has workers compensation insurance with the htti)s:// www2. cslb. ca. qov/ OnlineServiceslCheckLicense /LicenseDetail.asp ?Lich... 03/13/2009 Check a License or Home Improvement Salesperson (H,S) Registration - Contr... Page 2 of 2 DELOS INSURANCE COMPANY Policy Number: 02DKRM12000759 Workers' Compensation: Effective Date: 08/0112008 Expire Date: 08/01/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California https:// www2. cslb. ca. qov /OnIineServices /CheckL ice nse /L ice nseDetai1. asp? LicN... 03/13/2009 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/30/2009 Dept. /Contact Received From: Shari Rooks Date Completed: 3/31/2009 Sent to: Company /Person required to have certificate: Shari Rooks By: Jennifer King Sterndahl Enterprises, htc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Colony Nalional Insurance Company B. AM BEST RATING (A: VII or greater): A 1X 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? $IMM32MM E. PRODUCTS AND COMPLETED OPERATIONS (Must 1,000,000 E. include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No F. City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ❑ Yes ❑ No G. included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named endeavor wording. insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No L 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: Unigard Insurance Company B. AM BEST RATING (A: VII or greater) A IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M 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 ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): N/A 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: Delos Insurance B. AM BEST RATING (A: VII or greater): A- C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No ❑ Yes ❑ No All appears to be correct, the only comment I have is the IF NO, WHICH ITEMS NEED TO BE COMPLETED? Workers Compensation AM Best Raring is an A -. The City will have to advise if acceptable or not. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT BEACH CENTRAL LIBRARY REMODEL PARKING LOT 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 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 Re- Stripe Accessible Parking Spaces, as Shown on Drawing CA 010-rr @lD " Dollars and Cents U1� Per Lump Sum 2. Lump Sum Install Sign at Entrance to Parking Lot @i flt Dollars and Cents $ 3od to Per Lump Sum 3. 696 S.F Install Detectable Warning Tiles @_ r ( Dollars and A9l kN Cents $ Per Square Foot. PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS lE�lz n1 -R"a n,& P,—�Z Nu&P�kzd Dollars and tj) Cents Date Bidders Telepho a and Fax Numbers yum - C-5;1, (--)/ Bidders License No(s . and Classifications) $ l 5yt�.aa Total Price (Figures) Bidder '/ n D---f ✓ ` Bidder's Authorized Signature and Title (lpl 6p*) p �r. Sw j y-/ , (4. g114, Bidders Address