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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