HomeMy WebLinkAboutC-4294 - Central Library Bookstore RenovationCITY OF NEWPORT BEACH CITY CLERK
CENTRAL LIBRARY BOOKSTORE
RENOVATION
CENTRAL LIBRARY BOOKSTORE
RENOVATION
LAMBERT FLOORCOVERING, 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 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 California 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 at seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
8. All documents shall bear signatures and tides 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.
35b "I1$ C -IG,
Contractor's License No. & Class' cation
m
1 -355 M
Signature/Tide
3 -as-aq
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
MASTER FORMAL CONTRACT
CONTRACT NO. 4069-C
DESIGNATION OF SUBCONTRACTOR(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 performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State law
and /or the Standard Soedfications 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 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
%of
Number
Total Bid
ame:
Address:
Phone:
State License Number:
Name:
Address:
Phone:
State License Number.
Name:
Address:
Phone:
State License Number:
1.F.W`l�VAI �WrwuiIffn,lvlC. * ai' <i er-
Bidder Authorized Signature/Title
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. Certificates) 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 I day o , 2009, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Lam Floorcovering, 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: Installation of
the carpet and VCT flooring for the Central Library Bookstore 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.
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 Six Thousand, Eight Hundred Fifty -Five
Dollars and 001100 ($6,855.00)
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: Mark Reader
(949) 981 -5260
(949) 644-3318 Fax
CONTRACTOR
Lambert Floorcovering, Inc.
1701 Rimpau Avenue, #014
Corona, CA 92881
(951) 734 -2388
(951) 734 -3698 Fax
INSURANCE Without limiting Contractor's indemnification of City, and np for 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. ftn-ature . 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 Reauirements.
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.
ii. 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.
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.
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 parry,
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
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 constriction 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
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:
ITY- LE �EwPp,�
APPROVED AS TO FORM: S'c�Foa�`P
ynet4,6. WaLj-cbVnp
Assistant City Attorney
Attachment: Proposal
CITY OF NEWPORT BEACH
A Municipal Corpo,/
fienW. Badum
is Works Director
LAMBERT FLOORCOVERING, INC.
By:
(Corporate Officer)
Title: ��CW_4—
PrintNam C La�m b�
By:
(Financial Officer)
Title: —C'cp
Print Name: aujib
amb4j--
Please note: Corporations must complete and sign both places above
even if each office is held by the same individual
10
This bond was issued in four(9)
identical counterparts.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Central Library Bookstore
BLIND NO, 349591P
Premium: See Performance
LAPOR AND MATERIALS PAYMENT BOND
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICY
WHEREAS, the City Coundi of the City of Newport Beach, State of California, by motion
adopted, has awarded to Lambert Flooring, hereinafter designated as the "Principal," a contract
for construction of flooring for Central Library Bookstore in the City of Newport
beach, in shiot conformity with the phm w, 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. 4068 -C and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
SAwnVocWT& 0all fali to gay for any matef aill. Fi0Yi&na, or other amlies and 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,
Indemnity company of california 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 Beads, In the sum of $8,855.00 lawful money of the
United States of America, Said sum being equal to 100 "A of the estimated amount payable by the
City of Newport Beach under the terms of the Contract; for which payment wall and truly to be
made, we bind ourselves, our hefts, executors and administrators, successors, or assigns, jointly
and severally, firmly by these present.
*Lambert Floorcovering, Inc.
THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's
subcontracors, fall to pay for any materials, provisions, or other supplies, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any otter
work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not emeading the sum
specified in this Bond, and also, In case suit Is brought to enfarco the obligations of this Bond, a
mmig* attemt y'g f04 tQ §8 fixed Dy ft V90 acs mgm!M gy ft PrWM itt ¢ge6Qn 32§9 Qf
the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the Calibmis 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 aocardence with the
provisions of Sections 3247 et seq. of the Civil Code of the State of Catfamial.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
tree, aiteratiens er adMIM ie the terms of the Centraet eF to the week to he peAamhed thereunder
11
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, aftwations or additions to
the terns 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 Surely from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Pflndwl and &Mty, 90 tho 11th day 9f march . 209%
Lambert Floorcovering, Inc.
Name of Contractor (PrfnclpaQ
Indemnity Company of California
Name of Surety
500 N. Brand Blvd., Suite 1120
Glendale, CA 91203
Address of Surety
888 -751 -2
Telephone
Ralph Eidem, Jr., Attorney -in -Fact
Print Name and Tifle
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
ACKNOWLEDGMENT
•YY IeYYYYYYYYYY \i•11• \ \1 \\ 111\ Y\\ YYtYttY \ \lll \YYY \ \Yt \ \1 \Y \Y \ \ \ \Y \ \ \Y •111 tYY \ \■
12
State of California
County of Riverside I ss
On 3/11/09 before me, Arturo Ayala Notary
Public, personally appeared Ralph Eidem, Jr.
,who
prcvad to me on the basis of satisfactory evidence to be the person(s) whose flame(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/heir/their authorized capaoity(ies), and that by histherRhetr stgnatures(s) on the
jng(,rgmept the eers90), 9r the "-VtY mon kmthelf 9f whl &h the emen(g) WK vngcuted 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
ARTURO AYALA
COMM. #1636649
M NOTARY PUBLIC-CALIRIRNIAy
lk ORANGE COUNTY �+
MY COMM. E XP. JAN. 10. 2010
(zeal)
owe s ■ Ono ■aom soon •• memo ea■■o•No Na moae■■oog Goa gas am alas sea Name an Dome as as as fad
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OP770MAL IAFORNA77ON
3/11/09 Tttumbprifltof Signer
Labor and Material Payment Bond
Two
Type of 9afisfactory Evidence:
_ Personally Known with Paper IdentlRcaf on
Paper Identification
— Credible Wftnese(es)
Lapaolty of Signer.
Trustee
x Power of Attomay
—CEO/CFO/COO
Other. _
Other information:
ACKNOWLEDGMENT
Q Check hare It
no thmbpdrt
or nmerp u
Is ovalrable.
■ee aa0•eYalaaa as amaiNa Rea am Yaee as as as a•era lama a•al ■al• ■amNaDie eeNa all a ■ ■eNaal
ACKNOWLEDGMENT
................................................ ...............................
State of C omia
County ofV dP }ss.
On Mt,t/r e t l 1 ". WlJ-i, beforg me,, I- I �1 Y e Y Iy C1 . DIe I ► j Notary
Public, personally appearbd
,who
proved to me on the basis of satisfactory evidence to be the person s) whose name(s)dare
subscribed to the within instrument and acknowledged to me that &she/they executed the
same in )her /their authorized capacity(ies), and that by(Sher/their signatures(s) on the
instrument the pgrson(s), or the entity upon behalf of which the persons) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal
I FA
4 MEA iffi-RI, 1 30475
K NMltLY& also
CamNmon 1 16!7669
eiveoo. cow*
MyCCnM &PWMW 1A101
!semi "
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
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
This bond was issued in four(9)
identical counterparts. THE FINAL PREMIUM IS
PREDICATED ON THE
CENTRAL LIBRARY BOOKSTORE FINAL CONTRACT PRICE
BOND NO, 349591P
FAITHFUL PERFORMANCE SOND
The premium charges on this Bond is $ 171-00
being at the fate of $ 25.00 per thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Lambert Flooring, hereinafter designated as the OPrfnolpat', a centred for
construCdton of - flooring for Central Library Bookstore in the City of Newport
Beach,'in strict confom ri y 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, 4069 -C and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Indemnity Company of California
, duly authorized to transact business under the laws of the State of
Callfamia as Surety (hereinafter °Surety°), are held and fiutnly bound unto the City of Newport
Beachl in the sum of $6,855110 lawful money of the United States of America, said sum being equal
to 10096 of the estimated amount of the Contract, to be paid to the City of Newport Beads, Its
succassors, and assigns; for which payment well and truly to be made, we bind ourselves, our
Mini. executors and administrators, successors, or assigns, jointly and severally, firmly by these
present
*Lambert Floorcovering, Inc.
THE CONDITION OF THIS OBLIGATION IS SUCH, that ti the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fait to abide by, and well and truly keep
and perform any or ail the work, covenants, conditions, and agreements in the Conbad Documents
and any alfanittkhn thereof made as thenrin provided on Ns park in be Rapt and performed at the
time and In the manner therein specified, and In will respects aocor4 tg to its true Intent and
meaning, or faits to indemnity, defend, and save hatmiess the City of Newport Beach, its officers,
employees and agents, as fherein stipulated, then. Surety will faithfully perform the same, in an
RMW, nt not 0*001no t!g RM w0ed In I& 0000 gll?ww of thl@ �i?I R00 vtlell b .a ntiLi
and void. .
is
As a part of the obligation secured hereby, and in eddillon to the face amount specified in
this Performance Bond, them shall be included costs and reasonable expenses and fees, Including
reasonable attorneys fees, incurred by the City, only to 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 tma,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or to
the specifications accompanying the same shad in any way affect Its obligations on this Bond, and it
does hereby waive notice of any such change, extension of Ume, alterations or additions of the
Contract or to the work or to the specifications,
This Faiihtul Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) yam following the date of format 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 ownerete the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this Instrument has been duty executed by the Principal and
Surety above named, on the 11t —h day of march 2008
Lambert Floorcovering, Inc.
Name of Centractor(prinapap
Indemnity Company of California
Name of Sruety
500 N. Brand Blvd., Suite 1120
Glendale, CA 91203
Address of Surety
see -751 -2663
Telephone
Ralph Eidem, Jr., Attorney -in -Fact
Print Name and Tide
NOTARY ACKNOWLEDGMENTS OF CONTMCTOR AND �RURET'Y ItausT Be
AMCHM
14
State of C rnl j
County oft�Q�(S�(
Notary
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 'are
subscribelto the within instrument and acknowledged to me that he/she/they executed the
same in /her /their authorized capacity(ies), and that by 45)herAheir signatures(s) on the
instrument the pgrgon(s) or the entity �Ipon behalf of which the gerson(s) gcltgd 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.
EM x/1/ i
IamenY A OIEat
"Gommgtlon rr f 667609
County
My o,,,,m. elp..ttav 1a Zm„�a
;sea:
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! Treasylrer
Other:
Other Information:
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Thumbprint of Signer
F1 Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
Y la rr ra Otlr. r. aYgarar rY rarr rr as ar r ■al r ■r ■ ■■ ■r ■ ■ ■ ■rr raw. ww ...................a
State of California
Bounty of Riveraide t ss.
On 3/11/09 before me, Arturo Ayala Notary
Public, personally appeared Ralph Eidem, Jr.
proved to me on the basis of satisfactory evidence to be the persw(s) whose name(s) islare
subscribed to the within Instrument and admowledged to me that he/she/they executed the
same In hislher/their authorized capaatypes), and that by hisiberAheir signatures(s) on the
Instrument the person(s), v to endhl upon WhW of which the pown(s) a0d, exec 04 the
instrument.
I carthy under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph Is true and correct.
WITNESS my hand and oMal seal. ARTURO AYALA
COMM, #1636549
y NOTARY PUBLIC- CALIFORNIAt4 Ilk ORANGE COUNTY N
MY. COMM, EXP. JAN. 10, E010
Signature
rsaap
r ra rr arrrO a■ rrra rr r ■rrO r■ rrrrr ■Orr alas rrrl ar Yr tart rr ar Orrrr rr r rr■ ■r rrar ra a�
r_=, r..3upu
Type or Tide of Document
Number of Pages in Document
Document in a Foreign Language
3/11/09 Thumbprint of Signer
Faithful performance Bond
Two
Type of Satisfactory EvidenCa:
Personally Known with Paper Identification
Paper Identification
Creftle WItnese(es)
Capacity of Signer,
_ Trustee
Power of Attorney
—CEO /CFO /COO
President l YI2t Rrojdsnt l $vcmtary / Treasraer
Other,
Other Informaticn:
[,] Crreok here#
nothumWint
orfiTgoord
Is onllabfa.
Band No. 349591P
POWER OFATTORNEY FOR
DEVELOPERS SURETYAND INDEMNITY COMPANY
INDEMNITY COMPANYOF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 2638309
KNOWALL MEN BY THESE PRESENTS, hat as axceptas myressy Ilmlted, DEVELOPERS SUREfYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, cons6aao and appoint
** *Ralph Eidem, Jr., Daniel Huckabay, Arturo Ayala, jointly or severally * **
as their tam and IMMASOmay(sy Tattomake. azewte, ddM and adknvaledge, for end on behalf of said oapordons, as sureties, bonds, undedakngs am! conCadsofourey -
sNp dung and granting unto setdAl omey(s) -n-Fact full power and au8wrgy to do and to pnfarm avert' ardnecessm,, requls8e or proper to be done In ownedlon tltarew'tll as oath of
said cbrpaatima odd do, bud mserwirg toeadh of sand capaatlonsN6 powerof subs8todom and rovacation, and all of the ads of sak AOorney(sWacl, purauadto these blosaft
are hereby m2W and ooMtmed.
This Pourer ofAgomey Is grouted and Is signed byfsalargo under and by ougwdy of the fdkring resolutions adapted by the respective Board of Directors of DEVELOPERS SURETY
AND INDBRO Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA, egedNe as of January tst, 2008.
RESOLVED. Mot the ""own dine Board, the President and any Vms PreYdedof the oarpora0m be, and that each of hem herebyls, adAaized to execute Powers of
Attorney, qualflying the agomay(s) named In the Powers crAttomey to ezecufe, on b"ofthe oarporedons, bonds, andadakngs and conhscts of surelyoWil. and thatto Sears" a
any Assistant Secretary of the corporations be, and each of game hereby Is, aulhodzed to oWthe aecutlon of any such POW OfAgansy,
RESOLVED, FURTHER, that ga signatures of such olfmers may be algmad to eysuch Power of Attorney or to any certificate relating thereto by facdmle, and any such
Power dAgardey or certigcak bearing suchfabsimie signatures shall be wa0d and binding upon the wrporallonswhen soaffmed and In the future respect to ary bard, undo takag
or contract ofaraelysl to to which It is agached.
IN WITNESS WHEREOF, DEVELOPERS SUREfYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIAhawe sehmraly cRMW areaepreswrroto be &pried by
tlhanrreapectiveVkePrealdentamla> tusOttlbyNekrespxtireASSdmdSeaetaytldsJanu�rylst .2008.
StdeblCddode
Coady of Orange
On January ist 2000 - bdore me, CWAWff J. RD" Notary Public
Data more mot Name and Title Of the Officer
persondyappeared Stephen T. Pate and Charles L. Day
Nams(s3 of Signer(e)
who proved to me on the basis of satismdwy e+idenre tobethe punw(s) whose nsme(s) Were subscrmed tu
:., �. ;- ,•, ^,4 -.:. - the wft kisbument and admowtedged tame that hakhallbey executed the some In hislhedlwbaughalzed
wadtp(les), and natby histantebdgnatures) on Me neh MWtthe pasogs} or the unity upm helhafd
atdcth the person(s) acted, exectrted the Instrument.
1 eerily under PENALTY OF PERJURY under the laws of the State of Cagfamle tlatthe Pomgaft pawpraph Is
hue and correct.
.. - -... - .: 7 . 4 ,...- ... .. WITNESS al' hand and 'seat.
Place Naary Seal Above Signature
Ch J. Ra&0
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNTY COMPANY OF CALIFORNIA, does hereby certiy
that the "olng Povarof Attorney remake In U Once and has not been rejoined, and furlherwa, that the puss of Cie resotu8aw of ga rwpedNe Boards of Direst= of said
ndrpaatlaw adIcah In to Power of Attorney. are In face asdthe data of dds Certificate.
This Certificate isexecatad Into CByof Was, Cdgamla, thelith day of March, 2PO9
By.
Albert HRebrand.Asastatd eaetary
10.1380hVeq(R607107)
: .tee s.. ...
02/28/2010 BT30026969"
�i
LAAIS$RT FQpRGOVERFAW' IN2 BHARLES LAMBERT
1701 RIHPAU AVE #1049
CORONA CA 92881 CORPORATION''
OTH FLOOR LAYING & FLOOR WORK 0.00 EMPLOYEES
NO SELLERS PERMIT 02/26/2009
03/05/2009
California Business Search
C.alli z�i�l a :use less PorIM
T7EEF:3'EOiYEN
DISCLAIMER: The information displayed here is current as of MAR 13, 2009 and is updated
weekly. It is not a complete or certified record of the Corporation.
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: / /kepler. ss.ca.gov /corpdata /ShowAli List ?QueryCorpNumber= C3095392 &pri... 03/1712009
Corporation
LAMBERT FLOORCOVERING INC.
Number: C309:5:3921
Date Filed: 4/7/2008
Status: active
Jurisdiction: California
Address
PO BOX 1506
CORONA, CA 92878
Agent for Service of Process
CHARLES LAMBERT
42761 JUNIPER ST
MURRIETA, CA 92562
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: / /kepler. ss.ca.gov /corpdata /ShowAli List ?QueryCorpNumber= C3095392 &pri... 03/1712009
Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 1 of 2
Department of Consumer Affairs t
Contractors State Lie se oard
Contractor's License Detail - License # 358718
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: 358718 Extract Date: 03/17/2009
LAMBERT FLOOR COVERING
Business Information:
PO BOX 1506
CORONA, CA 91718
Business Phone Number: (951) 734 -2388
Entity:
Sole Ownership
Issue Date:
06115/1978
Expire Date:
0212812011
License Status:
This license is current and active. All information below should be reviewed.
CLASS DESCRIPTION
Classifications:
C15 FLOORING AND FLOOR COVERING
CONTRACTOR'S BOND
This license filed Contractor's Bond number SC135497 in the amount of $12,500 with
the bonding company
Bonding:
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 03/0212009
Contractor's Bonding History
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 579- 0000059
Workers' Compensation:
Effective Date: 07/01/1995
Expire Date: 07/01/2009
Workers' Compensation History
https:// www2. csIb. ca. gov/ 0nIineServices /CheckLicense /LicenseDetai1.asp 03/17/2009
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
NEWPORT BEACH CENTRAL LIBRARY REMODEL
CONTRACT NO. 4069--C
FLOORING
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 materiais except that Material Supplied by the City and shall pefmrm
all work required to complete Contract No. 4069 - -C 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
PRICP WRITTEN IN WORDS
PRICE
PRICE
MOVE -IN 1:
400 S.F. Install Carpeting In Book Store
Q —� Dollars
and dp
Z�aZ D Cents $ $
Per Square Foot
I.A. Lump sum pre job walk additions listed below $ 2$0.00
+Add 90 LF @ $3.50/LF to remove, furnish, and install 4" rubber cove base
I.B. Lump sum pre job walk additions listed below $2,770.OU
+Add 400 SF * 6.92 /SF (Tandus Sonar Spec) to furnish carpet for installation
+Option: Deduct up to $1,300.00 to use recommended Shaw Contract Movement Series
I.C. Lump sum pre job walk additions listed below $ 240.00
+Add $240.00 to prep floor where stone removed at book store entry for carpet
2.A. Lump sum pre job walk additions listed below $ 245.00
+Add 70 LF @ $3.50 / LF to remove, furnish, and install 4" rubber cove base
2.B. Lump sum pre job walk additions listed below
+Add 300 SF aQ $2.00 SF to furnish Armstronu Em
$ 600.00
PR2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
2. 280 S.F. Install VCT Flooring in Expanded Storage Room
@ I C Dollars
and
zM Cents
Per Square Foot
TOTAL PRICE IN WRITTEN WORDS
and Cents
3-10-09
Date
Bidder's Telephone and Fax Numbers
35871 ? GIS
Bidder's License No(s).
and Classification(s)
$ (0,95s
Total Price (Figures)
Bidder
BidderVAuthorized Signature and Title
Bidders Addrbss
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: 4/6/2009 Dept. /Contact Received From: Shari Rooks
Date Completed: 4/6/2009 Sent to:
Company /Person required to have certificate:
Shan Rooks
By: Jennifer
Lambert FloorCoverine. Inc.
GENERAL LIABILITY
A. INSURANCE COMPANY: Peerless Insurance Company
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 or greater): What is limit provided?
$IMM/$2MM/$2MM
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® 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 ® 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.
I1. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: State Farm General Insurance Compan
B. AM BEST RATING (A: VII or greater) A -: XIV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? N Yes ❑ No
D. LIMITS (Must be $f 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 N No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? NIA ❑ 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.
111. WORKERS' COMPENSATION
5
INSURANCE COMPANY: SCIF — State Compensation Insurance Fund
AM BEST RATING (A: VII or greater): NR
LIMITS: Statutory
WAIVER OF SUBROGATION (To include): Is it included?
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
® Yes ❑ No
® Yes ❑ No
GL — Primary & Non -Contributory Wording is not provided.
Golden Eagle has a specific form they must endorse when
Completed Operations Additional Insured status is provided.
IF NO, WHICH ITEMS NEED TO BE COMPLETED? The Certificate is not signed. Please have Agent sign.
4/7/2009 — No, the Certificate is not finalized. Further clarification for Shari, the Primary & Non -Contributory
endorsement is not satisfactory. Golden Eagle has a specific endorsement they must provide, if completed operations
status is provided. We have the Completed Operations status, but NOT the correct Primary & Non -Contributory wording
endorsement.
4/30/2009 — GL Requirements have been met with the addition of GEIC 22-123 Primary Form
Auto — No Additional Insured Endorsement attached with the Auto Certificate
6/12/2009 — Additional Insured requirement appears to ha- e een me