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Home My WebLink AboutC-6105 - Contract for Purchase and Installation of Carpet for Police Facility Carpet Replacement ProjectFebruary 9, 2017 Commercial Interior Resources, Inc. Attn: Kenneth D. Hurd 1761 Reynolds Avenue Irvine, CA 92614 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov Subject: Purchase and Installation of Carpet for Police Facility Carpet Replacement Project — C-6105 Dear Mr. Hurd: On February 9, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 19, 2016 Reference No. 2016000069909. The Surety for the contract is The Gray Insurance Company and the bond number is GSM 26198. Enclosed is the Faithful Performance Bond. Sincerely, a 4- 'N'°v Leilani I. Brown, MMC City Clerk Enclosure PRII4IDII IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXECUTED IN DUPLICATE EXHIBIT D CITY OF NEWPORT BEACH BOND NO. GSM 26198 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2427.00 being at the rate of $ *SEE 11 BELOW* thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to COMMERCIAL INTERIOR RESOURCES, INC. hereinafter designated as the "Principal," a contract for the removal and disposal of existing carpet tile; preparation and installation of new replacement carpet tile, wall bases, and all necessary labor and materials necessary for the completion of the work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Gray Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Nine Thousand Eighty Five Dollars and 01/100 ($239,085.01) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Commercial Interior Resources, Inc. Page D-1 *#1 - 1.1751 1st $100,000.00 of Contract Amount .90Z for the Balance of the Contract Amount notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of June 120 15. Commercial Interior Resources, Inc. By, / Name of Contractor (Principal) Kenneth au d -'President The Gray Insurance Company Name of Suret c/o Lesron Insurance Agency, Inc. 1440 N. Harbor Blvd., #610 Fullerton, CA 92835 Address of Surety 714-441-2722 Telephone Autfrorized Agent Signature Les M. Mantle Attorney in Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Las • ••j - • f ��'�111 • - r V` 8r2AWW - 4.*AA g4IkU11r Commercial Interior Resources, Inc. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document County of 09AIQW41E )ss. On 20 (5r before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s, whose name($) is/we subscribed to the within instrument and acknowledged to me that helsli eNwy executed the same in his*4aall reir authorized capacity( and that by hisA WNiNWSiF signature4M on the instrument the person(fi), or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of it paragraph is true and correct ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ormwe )S.S. cortxnission M 1979019 Notary Public - California Orange County On June 3 2015 before me, nry Marti 0i Notary Public, personally appeared Les M Manta who proved to me on the basis of satisfactory evidence to be the person(, whose name((( isla%, subscribed to the within instrument and acknowledged to me that hetawtgey executed the same in hiSAVd(pedt authorized capaaty(104 and that by hislherltbeir signatures(,s�on the instrument the personK or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forlegoing paragraph is true and correct. MARY MARTiGNONI WITNESS my hand and official sea COMM. # 1947853 2 2 NOM" PUBLIC-CAUFORNIAC ORANGE COMM Signature MY Comm. Expires Sept. 9, 2015 Commercial Interior Resources, Inc. Page D-3 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 185293 GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Les M. Mantle and Ryan S. Mantle of Fullerton, California jointly or severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seat and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26' day of June, 2003. i `RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12th day of September, 2011. 3q R A N By: %�'I/ �/J Attest: SEAL Michael T. Gray Mark S. Manguno `al SEAL President, The Gray Insurance Company Secretary, �`•..•.. ^' and The Gray Insurance Company, •• + Vice President, The Gray Casualty & Surety Company The Gray Casualty & Surety Company " State of Louisiana _ ss: Parish of Jefferson On this 12'h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty :& Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. t� €•+t t< Lisa S. Millar, Notary Public, Parish of Orleans •Wecw�•, State of Louisiana +r ,.•s�� My Commission is for Life 1, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this //��%33rd�� day joff June, 201$ y i �Lbv v- /VI•—/`IN'��O moi'•~_._ �} -- "'F4 / Mark S. Manguno, Secretary j+ 1 The Gray Insurance Company yi'�. ,,,,..••+`-•..,,, ••^a The Gray Casualty & Surety Company j�,f 5S3TM1lf{°S11Jat3,li1f5V,19f�S111J3y'1f10,A{151.H,'l�'H3q,8ij81NlEldbktaYW VON,-110�0i �3'1'telti!'>IH `t�H31�M',3f1B?ftlSVH.` f's 3] tih `,S11N3H.L iON SI N31Nn�Af13LF1' CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC April 25, 2016 Commercial Interior Resources, Inc. Attn: Kenneth D. Hurd 1761 Reynolds Avenue Irvine, CA 92614 Subject: Purchase and Installation of Carpet For Police Facility Carpet Replacement Project C-6105 Dear Mr. Hurd: On February 9, 2016 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 19, 2016, Reference No. 2016000069909. The Surety for the bond is The Gray Insurance Company and the bond number is GSM 26198. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov PREMIUM INCLUDED IN PERPORNANCE BOND EXECUTED IN DUPLICATE EXHIBIT C CITY OF NEWPORT BEACH BOND NO. GSM 26198 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to COMMERCIAL INTERIOR RESOURCES, INC. hereinafter designated as the "Principal,° a contract for the removal and disposal of existing carpet tile; preparation and installation of new replacement carpet tile, wall bases, and all necessary labor and materials necessary for the completion of the work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Gray Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Nine Thousand Eighty Five Dollars and 011100 ($239,085.01), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principars subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. Commercial Interior Resources, Inc. Page C-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of June , 20 15. Commercial Interior Resources, Inc. Name of Contractor (Principal) The Gray Insurance Company Name of Surety c/o Lesron Insurance Agency, Inc. 1440 N. Harbor Blvd., 1610 Fullerton, CA 92835 Address of Surety 714-441-2722 telephone By: ha Kennethp., Hud - President By: :)� � A Authotlied Agent Signature Les M. Mantle -Attorney in Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Commercial Interior Resources, Inc. Page C-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document ✓RAT"Iff 2oL before me, Notary Public, personally appeared ��lla`L�J�:i►mill`//, ut Proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) islaw subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisR mMirWauthorized capacity(!*, and that by hisRhrckheir signatures(h) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true andc CL MARY TRUMBLE �'cJ eat Commission # 1979019 ;/ i Notary Public • California n Is Orange County L'sToYu r.. C,rwMae 1„w t] en ACKNOWLEDGMENT A notary pubic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange ) ss. on .Tune 3 20 15 before me, Mary Martignoni Notary Public, personally appeared Les M. Mantle who proved to me on the basis of satisfactory evidence to be the person0, whose name* isles subscribed to the within instrument and admowledged to me that heishelibey executed the same in histhyhf0* authorized capadty(ip4 and that by tltsll~ signatures%on the instrument the person(t); or the entity upon behalf of which the persorhpr)• acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fo of ag paragraph is true and correct r. MARY MARTIGNONI VMNESS my �l�and offl COMM. 1947853 PUBLIC Z NOTARY BL1C • CAUFONNu � ORANGE COUNTY �na� My Comm. Expires Sept. 9, 2015 Commercial Interior Resources, Inc. Page C-3 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 02 GENERAL POWER OF ATTORNEY 1" 9 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Les M. Mantle and Ryan S. Mantle of Fullerton, California jointly or severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26th day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to he signed by1their �authorized d000fficers this 1211 day of September, 2011. � u n .Nc� By. Attest: �E`` SEAL 'le - Michael T. Gray Mark S. Mangano Wil. --p" President, The Gray Insurance Company _ Secretary, —? r`•..•.„,. and The Gray Insurance Company, a Vice President, The Gray Casualty &Surety Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 121h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of rhe Gray Casualty & Surety Company, and Mark S. Mangano, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, �o�f their companies. >1 f” Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana 84 RUBLK' fig,€ ba„re os io roses My Commission is for Life 1, Mark S. Mangano, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this �3rd �/f day of June, 2015 `�S +p•�•."C� vP^`Y' e' BSN �i � �• /^I� S EA L g a; S E AL s Mark S. Manguno, Secretary The Gray Insurance Company y!'•.._.. •-`F� yYy'^•• ? The Gray Casualty & Surety Company RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11 ! h� I�� NO FEF * R 0 0 0 9 1 b 4 4 7 4 3 2016000069909 3:40 pm 02119/16 143 4011 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Commercial Interior Resources, Inc., Irvine, CA, as Contractor, entered into a Contract on May 26, 2015. Said Contract set forth certain improvements, as follows: Police Facility Carpet Replacement Project C-6105 Work on said Contract was completed, and was found to be acceptable on February 9, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Gray Insurance Company. I.� 3 � .. • � J w : BY C-) Public Works Director City of Newport Beach s VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on F/ V W/ at Newport Beach, California. BY City Clerk CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC February 10, 2016 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Marina Park Project — Marina Docks - Contract No. 3897(D) • Police Facility Carpet Replacement Project - Contract No. 6105 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, Leil*�rwnkmm'cb*' City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Commercial Interior Resources, Inc., Irvine, CA, as Contractor, entered into a Contract on May 26, 2015. Said Contract set forth certain improvements, as follows: Police Facility Carpet Replacement Project C-6105 Work on said Contract was completed, and was found to be acceptable on February 9, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Gray Insurance Company. BY l .-� 4 2 0 Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /() Executed on / V at Newport Beach California. M City Clerk �.r.e CONTRACT WITH COMMERCIAL INTERIOR RESOURCES, INC. FOR PURCHASE AND INSTALLATION OF CARPET FOR POLICE FACILITY CARPET REPLACEMENT PROJECT THIS PURCHASE AND INSTALLATION CONTRACT ("Contract") is entered into this 26th day of May, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and COMMERCIAL INTERIOR RESOURCES, Inc., a California corporation ("Contractor'), whose address is 1761 Reynolds Avenue, Irvine, California 92614, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. As part of the Police Facility Carpet Replacement project ("Project"), City desires Contractor to remove and dispose of existing carpet tile; prepare and install new replacement carpet tile, wall bases, and all necessary labor and materials necessary for the completion of the work. C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract. D. Pursuant to Section (c) of the National Joint Powers Alliance ("NJPA") Agreement No. 022712 -IFA for Floor Coverings with Related Supplies, Equipment, and Services with Interface Americas, Inc. DBA InterfaceFLOR awarded March 20, 2012 - March 19, 2016, Contractor is awarded this Project as a local contractor of InterfaceFLOR through whom City shall order materials and installation services. The City has decided to utilize its NJPA membership to take advantage of the national cooperative contract purchasing program for this Project: NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SCOPE OF WORK 1.1 Contractor shall provide all tangible items and perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that is shall follow the Commercial Interior Resources, Inc. Page 1 highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Contract, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 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 necessary for the Project. 1.3 In consideration of the payment of the Purchase Price and subject to all the terms and conditions hereof, Contractor shall: remove and dispose of existing carpet tile; sell to City and prepare and install the carpet products and accessories necessary for the completion of the Project (hereinafter referred to as "Products"), as listed and set forth in the Scope of Work attached hereto as Exhibit A and incorporated in full by this reference. 2. TIME OF PERFORMANCE 2.1 Time is of the essence in the performance of services under this Contract and Contractor shall complete the Project removal, disposal, preparation, and installation within the time set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Contract by City as outlined in Section 18 below. 2.2 Force Majeure. The time period(s) specified in Exhibit A for performance of services rendered pursuant to this Contract shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including but not restricted to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the cause of the delay. City shall ascertain the facts and extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. City's determination shall be final and conclusive upon the parties to this Contract. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Contract, however caused, Contractor's sole remedy being extension of the Contract pursuant to this Section. 3. TERM Unless earlier terminated in accordance with Section 18 of this Contract, this Contract shall continue in full force and effect until completion of the services agreed to herein or until June 30, 2016, whichever occurs first. Commercial Interior Resources, Inc. Page 2 4. COMPENSATION 4.1 As full compensation for the performance and completion of the Project as required by the Scope of Work, City shall pay to Contractor and Contractor accepts as the full Purchase Price the sum of Two Hundred Thirty Nine Thousand Eighty Five Dollars and 01/100 ($239,085.01) ("Purchase Price"). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. 4.2 Payment for Labor and Products Installed. Payments for all costs shall be made by City as approved by the City Public Works Department after satisfactory inspections. Payments for labor shall be based on the hourly rates and other fees set forth in Exhibit A. Contractor shall prepare monthly invoices reflecting Products delivered and/or installed during the previous one-month period. 4.3 All shipping and insurance costs to and from the installation sites are included in the purchase price of the Project, as listed in Exhibit A. All payments to shipping agents and for insurance fees shall be made directly by Contractor and the City shall make no payments to any firm concerning the shipment, installation, and delivery of hardware which is not a part of this Contract and for which exact payments are not described. Contractor shall be responsible for all arrangements for the shipment of the Products to the City, and/or movement of the Products and any tools and equipment necessary to complete installation to the prepared site within the City. Contractor shall also be responsible for removal of all debris and packing materials from the City site resulting from the installation of the Products. 4.4 Extra Work. Contractor shall not receive any compensation for Extra Work without the prior written authorization of the City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project, but which is not included in the Purchase Price as specified in Exhibit A, and which parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the hourly rates set forth in Exhibit A. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Melissa Lira to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract will be administered by the Public Works Department. The Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Contract. Commercial Interior Resources, Inc. Page 3 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Contract. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Project Administrator. 7.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them, unless caused by the City's negligent acts, omissions, or willful misconduct. 8.2 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 to the extent arising from the negligent acts, omissions, or willful misconduct of the Contractor' or any subcontractor or supplier selected by the Contractor. 8.3 Contractor shall indemnify, hold harmless, and defend City, its officers, employees, agents, officers, representatives, employees and City Council, boards and commissions, 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 damage, or any other claims to the extent arising from any and all negligent acts or omissions or willful misconduct 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 performing this Project including, without limitation, defects in workmanship or materials and/or design defects; and/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's liability in this Subsection shall be limited to the maximum amount of its insurance coverage for claims arising out non -negligent and non -intentional acts performed under this Contract. Contractor shall not be held responsible for consequential or special damages, or claims made to City for such consequential or Commercial Interior Resources, Inc. Page 4 special damages. Nothing herein shall require Contractor to indemnify City from the negligence or willful misconduct of City, its officers or employees. 8.4 Intellectual Property Indemnity. Contractor shall defend, indemnify and hold City, its agents, officers, representatives, employees and City Council, boards and commissions harmless from any proceeding brought against City for any intentional or unintentional violation of the intellectual property rights of any third party with respect to Products deliverables purchased in this Contract This indemnification shall include, but is not limited to, infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Contractor's deliverables provided under this Contract. 8.5 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the system installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.6 Contractor shall provide traffic control and access in accordance with Section 7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic Control Handbook (WATCH), as published by Building News, Inc. 8.7 Traffic control and detours shall at a minimum meet the following requirements: a. Emergency vehicle access shall be maintained at all times. b. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. C. All advanced warning sign installations shall be reflectorized and/or lighted. d. Traffic signal system shutdown or planned "red flash" shall be limited to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday through Thursday), except as authorized by the Project Administrator. e. "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs," of the State Standard Specifications except that the base material for the signs shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each Commercial Interior Resources, Inc. Page 5 direction of traffic. Locations of the signs shall be per the WATCH manual. 8.8 Nothing in this Section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Contract, except to the extent provided in Section 8.3 above. 8.9 The rights and obligations set forth in this Section shall survive the termination of this Contract. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in this Contract, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. BONDING 12.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached hereto as Exhibit C which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached hereto as Exhibit D which is incorporated herein by this reference. 12.2 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Commercial Interior Resources, Inc. Page 6 Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 12.3 The Contractor shall deliver, concurrently with execution of this Contract, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 13. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Contract shall be paid to all workmen employed on the work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 14. SUBCONTRACTING The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Contract shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the services to be provided under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 15. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Commercial Interior Resources, Inc. Page 7 Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 16. CONFLICTS OF INTEREST 16.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 16.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 17. NOTICES 17.1 All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: David Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 17.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Kenneth D. Hurd Commercial Interior Resources, Inc. 1761 Reynolds Avenue Irvine, CA 92614 18. TERMINATION 18.1 Termination With Cause - In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of five (5) calendar days, or if more than five (5) calendar Commercial Interior Resources, Inc. Page 8 days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 18.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred in the performance of such services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Contract that City deems usable. 19. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract by Contractor is a representation that Contractor has visited the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 141) 71cl'?ALI`k�'1 20.1 Contractor warrants to City that all Products to be delivered hereunder will be free from defects in material or workmanship and will be of the kind and quality designated or specified by Contractor in Exhibit A, and warrants the quality of all Products as set forth in Exhibit E. 20.2 If Contractor -manufactured equipment delivered hereunder does not meet the above warranty, and if City promptly notifies Contractor in writing, Contractor shall thereupon correct any defect, including non-conformance with the specifications, either (at its option) by repairing any defective or damaged parts of the equipment, or by making available any necessary replacement parts, delivered and installed without additional charge to City within seven (7) working days. City will return the defective product to Contractor, at Contractor's expense. Contractor shall repair or replace the defective item and return it to City, shipping costs prepaid. Contractor shall perform any necessary testing, hardware and equipment removal, repair, replacement, certification, and installation at no cost to the City during the warranty period, using Contractor's equipment. 20.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. Contractor does not warrant any equipment of other manufacture designated by City. Commercial Interior Resources, Inc. Page 9 21. REPRESENTATIONS 21.1 Non -infringement. Contractor represents that to the best of its knowledge the technology embodied in the products sold herein does not infringe upon a United States patent or United States copyright in effect as of the Effective Date. 21.2 Authoritv. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Contract; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Contract or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Contract will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 21.3 No Other Representations. Each party acknowledges and agrees that it is relying on no representation of the other party except as expressly set forth herein. 22. CONFIDENTIAL INFORMATION. 22.1 Confidential Information. In the performance of this Contract or in contemplation thereof, the parties and their respective employees and agents may have access to private or confidential information owned or controlled by the other party and such information may contain proprietary details and disclosures. All information and data identified in writing as proprietary or confidential by either party ("Confidential Information") and so acquired by the other party or its employees or agents under this Contract or in contemplation thereof shall be and shall remain the disclosing party's exclusive property. The recipient of Confidential Information shall use all reasonable efforts (which in any event shall not be less than the efforts the recipient takes to ensure the confidentiality of its own proprietary and other confidential information) to keep, and have its employees and agents keep, any and all Confidential Information confidential, and shall not copy, or publish or disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose it to others, without the disclosing party's written approval; nor shall the recipient make use of the Confidential Information except for the purposes of executing its obligations hereunder, and (except as provided for herein) shall return the Confidential Information and data to the first party at its request. The City's duty to maintain confidentiality as described hereunder shall be subject to the laws of the State of California. 22.2 Excluded Information. The foregoing conditions will not apply to information or data which is, or which becomes generally known to the public by publication or by any means other than a breach of duty on the part of the recipient hereunder, is information previously known to the recipient, is information independently developed by or for the recipient or is information generally released by the owning party without restriction. Commercial Interior Resources, Inc. Page 10 22.3 Right to Injunctive Relief. Because of the unique nature of the Confidential Information, the parties agree that each party may suffer irreparable harm in the event that the other party fails to comply with any of its obligations under this Section, and that monetary damages may be inadequate to compensate either party for such breach. Accordingly, the parties agree that either party will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of this Section. 23. ASSIGNMENT This Contract shall not be assigned by any party, or any party substituted, without prior written consent of the City and the Contractor. 24. STANDARD PROVISIONS 24.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 24.2 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 24.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 24.4 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 24.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Scope of Services or any other attachments attached hereto, the terms of this Contract shall govern. 24.6 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 24.7 Amendments. This Contract may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. Commercial Interior Resources, Inc. Page 11 24.8 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 24.9 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 24.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 24.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Contract, the prevailing party shall not be entitled to attorneys' fees. 24.12 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Commercial Interior Resources, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7 (7-(11 S By: Aaron C. Harp (AM aslxuhv City Attorney ATTEST- Date: �n Date: 1 � J6 - By:. 9*Z I �Ml— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: (-25- IS By: (, W Edward D. Selich Mayor CONTRACTOR: COMMERCIAL INTERIOR RESOURCES, INC., a Ccs\&orlr�10- President / Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services and Schedule of billing Kates Exhibit B - Insurance Requirements Exhibit C - Labor and Materials Payment Bond Exhibit D - Faithful Performance Bond Exhibit E - Warranty Commercial Interior Resources, Inc. Page 13 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES Commercial Interior Resources, Inc. Page A-1 CffCOMMERCIAL INTERIOR RESOURCES 1761 Reynolds Avenue / Irvine, CA 92614 phone 949.752.1470 fax 949.752.6103 Attention: Lisa Newman Salesperson: Ken Hurd Estimator., Project Manager. Ken Hurd. Addendums Read: Newport Beach Police Dept Newport Beach PD, Recarpet 870 Santa Barbara Drive NJPA Contract # 022712 -IFA Newport Beach, CA 92660 870 Santa Barbara Drive Newport Beach, CA 92660 Lisa Newman SY Lisa Newman Phone: (949) 6443655- 2,930.20 Phone: (949) 644-3655- Phone: Cell: Cell: Cell: Pager: Pager: Pager: Fax: (949) 6443693- Fax: (949) 644-3693- Fax: NJPA Contract # 022712 -IFA, Carpet Replacement 1 C-1 Carpet tile supplied -for Offices and Hallway Border. Includes 2% Dedicated Shelf Stock -12/10/2014 �.�5}� 5/7/2015 2:10 PM 42943 Interface Flooring Systems SY Reincarnation, 50cm GlasBac Carpet Tile 2,930.20 $26.500 $77,650.30 Sandalwood 8895 2 C-2 Carpet tile supplied -for Hallway Inset area. Includes 2% Dedicated Shelf Stock Interface Flooring Systems SY Reissued, 50 cm GlasBac Carpet Tile 388.70 $26.500 $10,300.55 Sandalwood 8931 3 C-3 Carpet Broadloom supplied - for Locker Room Pedestals. Interface Flooring Systems SY Reincarnartion, 2 Meter Sheet Goods 266.00 $26.500 $7,049.00 Sandalwood 8895 4 C-4 Carpet Broadloom supplied - for 36" wainscot in upper level Hallways. Interface Flooring Systems SY S103, 2 Meter Sheet Goods 216.00 $23.230 $5,017.68 Walnut 9632 5 Carpet Tile adhesive supplied - Interface Flooring Systems EA Adhesive - Grid Set, 4 Gallon Units 19.00 $109.820 $2,086.58 N/A 6 B-1 Wall Base supplied and installed - at carpeted areas Johnsonite® LF Millwork Wall Base - Reveal (MW -XX -F6 ) 1/4" x 6" x 8' Sections 4,528.00 $2.760 $12,497.28 Fudge 167 7 Metal Nosing supplied and installed - at Briefing Room platform. Ropoe® Corooration LF Nosing -Commercial Stair Nosing #1 60.00 $7.320 $439.20 TBD 8 Vinyl Cap suppliede and installed - at top of wall carpet. Johnsonite® LF CoveCap-Vinyl-Carpet-CCC-XX-C- Square 990.00 $0.800 $792.00 Fudge 167 SUB -TOTAL THESE LINE ITEMS: $ 115,832.59 SALES TAX: $ 9,266.60 CA Crpt Stewardship Assessment $380.09 TOTAL (SALES TAX ADDED THESE LINE ITEMS) $ 125,479.28 517/2015 Bid #: 42943 Page 1 of 4 Newport Beach PD, Recarpet Newport Beach Police Dept Page 2 of 4 1 Procurement Management Fee - 15% of Material Costs CIR @ N/A 1.00 $18,823.900 $18,823.90 N/A TOTAL (THESE LINE ITEMS TAX EXEMPT) $ 18,823.90 SUB TOTAL: $ 134,656.49 SALES TAX: $ 9,266.60 CA Crpt Stewardship Assessment $380.09 TOTAL $ 144,303.18 Labor to Remove and Install Floor Coverings DescriptionLine 1 Provide labor to remove and dispose of existing carpet - the in Hallways and Locker Rooms. CIR SY Labor 623.00 $4.500 $2,803.50 As Indicated Below 2 Provide labor to remove wall carpet and prepare walls - for new wall carpet CIR SY Labor 482.00 $19.650 $9,471.30 As Indicated Below 3 Provide labor to install carpet tile - in Hallways and Locker Rooms in Ashlar pattern with release adhesive. CIR SY Labor 623.00 $12.600 $7,849.80 As Indicated Below 4 Provide labor to lift furniture in place - by Renovisions Lift Method for Offices and Conf Rooms. Includes labor to lift furniture in place, remove and dispose of existing carpet tile and install new carpet tile with release adhesive. CIR SY Labor 2,630.00 $15.000 $39,450.00 As Indicated Below 5 Provide labor to install wall carpet - as 36" high wainscot on upper Level Hallways and Locker Room Pedestals. CIR SY Labor 482.00 $14.560 $7,017.92 As Indicated Below 6 Provide labor to install Millwork vinyl base - CIR LF Labor 4,489.00 $2.570 $11,536.73 As Indicated Below 7 Provide labor to install vinyl cap for wall carpet - CIR LF Labor 990.00 $1.710 $1,692.90 As Indicated Below 8 Provide labor to install stair nosing on at Breifing platfroms - CIR LF Labor 60.00 $3.690 $221.40 As Indicated Below 9 Overtime Premium to complete work after hours - CIR SY Labor 3,735.00 $3.000 $11,205.00 N/A TOTAL (THESE LINE ITEMS NON-TAXABLE) $ 91,248.55 5/7/2015 Bid #: 42943 Page 2 of 4 Newport Beach PD, Recarpet Newport Beach Police Dept Paye 3 of 4 Option to provide Payment Performance Bond 1 Provide Payment and Performance Bond -1.50% of Contract Value N/A @ N/A 1.00 $3,533.280 $3,533.28 N/A TOTAL (APPLICABLE TAX INCLUDED) $ 3,533.28 SUB TOTAL $ 229,438.32 TAX $ 9,266.60 CA Crpt Stewardship Assessment $380.09 TOTAL $ 239,085.01 NOTES Commercial Interior Resources has been recognized by the State of California and Cal/OSHA for its effort in implementing and maintaining an effective injury and illness prevention program and therefore has achieved "CaYOSHA Golden Gate Partnership" recognition. This proposal includes 46 hours of expected floor preparation. Field labor tickets for all floor preparation will be presented for verification, and any time additional to the expected hours will billed at a rate of $76.50 per man hour plus materials used. Floors are to be free and clear of all other trades and materials. Sub floor must be a suitable substrate for specified installation. Sub floor must be clean and dry, not powdery and free of dirt or other contaminates. Temperature in space where flooring is to be installed must be within manufacture's temperature guidelines (CRI -104 states 65 -95 degrees) Concrete Dryness testing by Insitu and pH testing may be performed on the sub -floor to insure suitability for the proposed floor coverings. In the event conditions are not suitable, we will provide a proposal for remedy when possible. Exclusions Touch-up paint Clean, seal and wax resilient flooring Protection of completed finishes 5/7/2015 Bill #: 42943 Page 3 of 4 Newport Beach PD, Recarpet Newport Beach Police Dept Page 4 of 4 This Proposal is not binding upon the parties until Customer executes and returns to Commercial Interior Resources (CIR) a copy hereof or unfit CIR delivers to the Project any of the materials herein described or commences the herein described services. CIR shall famish and install materials as specified herein. Pricing includes materials, freight, labor and sales tax. The materials shall be installed in phases after regular working hours. This Proposal excludes excess floor preparation, floor leveling,damp mopping, buffing, waxing, sealing, asbestos abatement, protection of completed finishes and attic stock materials. Customer will provide areas dean and clear of all debris. This Proposal shall be modified only to the extant specifically provided for herein, when such modification is accepted in writing by CIR and in all other respects said Proposal and all of the terms and conditions thereof shall remain in full force and effect This Proposal shall be construed and enforced in accordance with the laws of the State of California. CIR shall not be liable for any delay in delivery of any part of the materials herein described due to accidents, strikes, fire, war, government regulations or any other conditions orcauses beyond the control of CIR. CIR makes no warranty of merchantability or of fitness of the materials for a specific purpose unless otherwise expressly stated herein. This Proposal constitutes the entire agreement between the parties and it cannot be orally changed, modified ordischarged in whole or in part. Any change, modification or discharge to be effective must be in writing and signed by the parties hereto. This Proposal was prepared from a site visit and actual measurements. State Contractors License No. 511928 Commercial Interior Resources Newport Beach Police Dept Signed: Ken Hurd Accepted By: Total: $ 239,085.01 Anticipated Installation Start Date: 5/712015 Bid #: 42943 Page 4 of 4 EXHIBIT B INSURANCE REQUIREMENTS Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 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. Coverage Requirements. a Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. b General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. c Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor Commercial Interior Resources, Inc. Page B-1 arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: d Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. e Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. f Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. g Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. Additional Contracts Between the Parties. The parties hereby agree to the following: h Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. i City's Right to Revise Requirements. City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Commercial Interior Resources, Inc. Page B-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. j Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. k Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. m Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. n City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractors right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. o Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractors performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. p Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Commercial Interior Resources, Inc. Page B-3 judgment may be necessary for its proper protection and prosecution of the Work. Commercial Interior Resources, Inc. Page B-4 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN DUPLICATE EXHIBIT C CITY OF NEWPORT BEACH BOND NO. GSM 26198 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to COMMERCIAL INTERIOR RESOURCES, INC. hereinafter designated as the "Principal," a contract for the removal and disposal of existing carpet tile; preparation and installation of new replacement carpet tile, wall bases, and all necessary labor and materials necessary for the completion of the work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Gray Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Nine Thousand Eighty Five Dollars and 01/100 ($239,085.01), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Commercial Interior Resources, Inc. Page C-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of June _'2015 . Commercial Interior Resources, Inc. Name of Contractor (Principal) The Gray Insurance Company Name of Surety c/o Lesrou Insurance Agency, Inc. 1440 N. Harbor Blvd., 1610 Fullerton, CA 92835 Address of Surety 714-441-2722 Telephone By. X/44 Kenneth D. Hud - President By: Authoiized Agent Signature Les M. Mantle -Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED aET Commercial Interior Resources, Inc. Page C-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only, the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State County of 1jaA'J144: 1 ss. On 20 14-::� before me, Notary Public, personalty appeared V4I NN!E-Ta-t "D, who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hisThergheirauthorized capacity(ies), and that by his/hentheir signatures(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrumenL I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and rrect. �tr- E � 4/ 1 MARY TRUMBLE WITH SS m and and.offic seal. Commission # 1979019 /J7M�'� 9 �'' Notary Public -California Signature I ✓ Orange County My Comm. Expires Jun 17, 2C ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange }ss. On June 3 20 15 before me, Mary Martignoni . Notary Public, personally appeared Les M. Mantle who proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged to me that he/s in hidhlado* authorized capacfty(ioQ, and that by hist~ signatures person(lq;or the entity upon behalf of which the persoros acted, executed )rse name* 0" executed the same In the instrument the instrumenL I certify under PENALTY OF PERJURY under the laws of the State of Calitomia that the fore of paragraph is true and correcL MARY MARTIGNONI WITNESS my hand and official -seat COMM. # 1947853 'z �n.-. Z • NOTARY PUBLIC - CALIFORNIA Sinature �_. ORANGE COUNTY 9 My Comm. Expires Sept. 9, 2015 Commercial Interior Resources, Inc. Page C-3 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 12 GENERAL POWER OF ATTORNEY 5294 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Les M. Mantle and Ryan S. Mantle of Fullerton, California jointly or severally on behalf of each of the Companies named above its We and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26ih day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12`" day of September, 2011. SUflq,y By: Attest. yn,4-4• ,row-4°P�Tv, e'sov ! t SEAL Mark S. Manguno I, Michael T. Gray President, The Gray Insurance Company Secretary, 1 ...........••'r and The Gray Insurance Company, * Vice President, The Gray Casualty & Surety Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 12" day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly swom, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. ;'�vt c��i�{• y� 45 '- Lisa S. Millar, Notary Public, Parish of Orleans ava Pueu� /2<, State of Louisiana +�+r'..... ....••"e�°'•` My Commission is for Life "wt',ur Lodes I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this yddaaayy(y of J"e, 2015 r / ;. SEAL �t SEAL ;•� Mark S.Manguno,Secretary The Gray Insurance Company +`L..,,,,,,,.fr r`•..,,• „ • The Gray Casualty & Surety Company PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXECUTED IN DUPLICATE EXHIBIT D CITY OF NEWPORT BEACH BOND NO. GSM 26198 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2427.00 being at the rate of $ *SEE #1 BELOW* thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to COMMERCIAL INTERIOR RESOURCES, INC. hereinafter designated as the "Principal," a contract for the removal and disposal of existing carpet tile; preparation and installation of new replacement carpet tile, wall bases, and all necessary labor and materials necessary for the completion of the work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein bythis reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Gray Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and finely bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Nine Thousand Eighty Five Dollars and 01/100 ($239,085.01) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Commercial Interior Resources, Inc. Page D-1 *#1 - 1.1752 1st $100,000.00 of Contract Amount .90I for the Balance of the Contract Amount notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of June 20 15. Commercial Interior Resources, Inc. By: &1 AL Name of Contractor (Principal) Kenneth Hud = President The Gray Insurance Company Name of Surety c/o Lesron Insurance Agency, Inc. 1440 R. Harbor Blvd., #610 Fullerton, CA 92835 Address of Surety 714-441-2722 Telephone Au rizrized Agent Signature Les M. Mantle Attorney in Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED APPROVED AS TO FORM: CITYA 'S OFFK;E Date;�Fµ----- Aaron Harp, ityAttomey �aaAacols4uC Commercial Interior Resources, Inc. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State County of 6V.4WL4C--. ) ss. On 201 before me, Notary Public, personally appeared Ic.t�tWlr"It-t IJ t+yyr o I who proved to me on the basis of satisfactory evidence to be the person(a) whose name(,q) is/are subscribed to the within instrument and acknowledged to me that he/sLteAliey executed the same in hiss erAheir authorized capacity(i@�;), and that by his/her/their signatures(s) on the instrument the person(€), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of ti paragraph is true and correct. IT,i t hand-anndd off cial,seat_ Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Slate of California County of Orange ) ss. Commission # 1979019 Notary Public - California Orange County Comm. Exoifes Jun 17. 2r On June 3 2015 before me, )!ferry Martignoni ,Notary Public, personally appeared Les M. 2�nt e Who proved to me on the basis of satisfactory evidence to be the personK whose name(g islay; subscribed to the within instrument and acknowledged to me that he/&�e/tlley executed the same in hislvdlre r authorized capacity(iO4 and that by his/hoi signatures(;4on the instrument the personK or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea MARY MARTIGNONICOMM. # 1947853 ZNOTARY PUBLIC • CALIFORNIA C ORANGE COUNTY Signature U My Comm. Expires Sept. 9, 2015 Commercial Interior Resources, Inc. Page D-3 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 185293 GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Les M. Mantle and Ryan S. Mantle of Fullerton, California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26t1 day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 1211 day of September, 2011. �j� ` S=p=NCF By: Attest: 742414 I"' �ynA f P,-Y� M.,,�y�• k P � 1l G 11 to t 6, Michael T. Gray Mark S. Mangano SEAL y\ -- President, The Gray Insurance Company Secretary, my. _ a' r`'"••-•••' and The Gray Insurance Company, r'`^••.; *Vice President, The Gra Casualty & Surety Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 1211 day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Mangano, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, oftheir rccompanies. YO„nfie,�Y�� Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana +r �•„..•••s�P MY Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this /3rd / day of June, 2015 \�5 �.p. A.4 C� 9JP+i„•b•s�RF Vi- i /A. 4,s' f00$4 6 rcl >( „I S E A L � �t SEAL ;•� Mark S. Mangano, Secretary The Gray Insurance Company '�••. „,..••`4 yr'`••.,,„,,..••�2 The Gray Casualty & Surety Company * * EXHIBIT E WARRANTY Commercial Interior Resources, Inc. Page E-1 Interface Interface Standard Product Warranty InterfaceFLOR, LLC (Interface) warrants its modular and performance broadloom carpet products to the original end-use customer as stated below for a period of fifteen (15) years from the date of invoice. Interface® and Heuge brand products are warranted against manufacturing defects resulting in excessive surface wear, edge ravel, backing separation, shrinking, stretching, cupping, doming, and static electricity. Excessive surface wear means loss of more than 10% by weight of face fiber. Products containing Intersept® antimicrobial are warranted to maintain antimicrobial effectiveness. Products constructed of 100%soluton dyed yarns are warranted against excessive color loss due to normal exposure to indoor light If a product fails to perform as warranted, Interface will correct the problem in the affected area either by repair or (at its option) replacement with comparable products(s) at no charge to the customer, or if Interface in its sole discretion determines that repair or replacement is not feasible, by pro -rated refund. This warranty does not cover tears, burns, cuts, pulls or other damage, deterioration, problems or loss caused by abuse, neglect, misuse, improper installation, improper maintenance, flood/excessive moisture, excessive alkalinity, use on stairs, or use with athletic equipment Interface's liability is limited to repair, replacement, or refund as stated herein, and the end-use customer must provide reasonable cooperation to facilitate Interface's repair or replacement in the affected area Warranty claims must be made in writing to the Interface Field Service Department within a reasonable time from the discovery of the claimed warranted defect, but in any event they must be received no more than ninety (90) days from the time the claimed defect was discovered. Warranty claims must be addressed to Field Services Dept, InterfaceFLOR, LLC, 1503 Orchard Hill Rd., LaGrange, GA 30241. Moisture and pH testing are not the responsibility of Interface, and issues related to or arising from excessive moisture and/or pH are specifically excluded from this warranty. This warranty will be void if its terms are not followed or if covered products are not handled, installed and maintained in strict compliance with Interface's recommended procedures and instructions, including without limitation initial floor preparation and installation. Interface recommends the use of TacTiles® connectors for installation of its carpet products. Where a wet adhesive is required, follow Interface's installation instructions. This warranty does not cover any problems or damages arising from or related to the use of adhesives or non -recommended installation techniques. THE WARRANTY, REM EDYAND LIMITS OF LIABI LITY CONTAI N ED HEREIN ARE EXPRESSLY IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, REMEDIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED. INTERFACE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES THAT MAY ARISE BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF ITS PRODUCTS FOR ANY PARTICULAR PURPOSES NOTE THAT SOME STATES DO NOT PERMIT DISCLAIMERS OF SOME IMPLIED WARRANTIES, SO YOUR RIGHTS MAY BE DIFFERENT THAN STATED HEREIN. INTERFACE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES I N ANY CASE. No person other than an officer of Interface may authorize a waiver or modification of the terms of this warranty, which must be in writing and signed by that officer. q CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/10/15 Dept./Contact Received From: Raymund Date Completed: 6/16/15 Sent to: Raymund By: Chris/Alicia Company/Person required to have certificate: Interior Resources, Inc. Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/14 to 12/31/15 A. INSURANCE COMPANY: West American Insurance Compan: B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: ® Yes ❑ No 1,000,000/2,000,000 ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No X Yes ❑ No ❑ Yes ® No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/31/14 to 12/31/15 A. INSURANCE COMPANY: American Fire and Casualty 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 - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? _1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/15 to 1/116 A. INSURANCE COMPANY: California Contractors Network Inc B. AM BEST RATING (A-: VII or greater): Self -Insured C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 5,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: Z N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY 1181111111111111:1911III*]gCk9CI10 C/ HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 6/16/15 Date Z N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed as Work Comp carrier is Self—Insured. Approved by Sheri on 6/16/15. Approved: Risk Management Date * Subject to the terms of the contract.