HomeMy WebLinkAboutC-9750-1 - Central Library, Oasis Senior Center and VJC Community Center Carpet Replacement10/30/25, 2:11 PM
Batch 20095225 Confirmation
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
II �I II III IIIII IIII IIIII I II NO FEE
*$ R 0 0 1 5 8 7 6 0 6 1$
RECORDING REQUESTED BY AND 2025000298446 01:32 pm 10130/25
WHEN RECORDED RETURN TO: 869 EX12A N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
"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 Interior Resources, Inc., of Irvine,
California, as Contractor, entered into a Contract on 05/13/2025. Said Contract set forth
certain improvements, as follows:
Central Library, Oasis Senior Center and VJC Community Center Carpet Replacement
Contract No. C-9750-1
Work on said Contract was completed, and was found to be acceptable on
October 28, 2025, by the City Council. The title to said property is vested in the Owner
and the Surety for said Contract is Venture Pacific Insurance Services
BY
David Webb, Ilc�er s 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. I
Executed on f4 p e-4' a 0, A0 P-J` , at Newport Beach, California.
BY
Lena Shumway, City Clerk
https://gs.secure-erds.com/Batch/Confirmation/20095225 1 /2
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 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 Interior Resources, Inc., of Irvine,
California, as Contractor, entered into a Contract on 05/13/2025. Said Contract set forth
certain improvements, as follows:
Central Library, Oasis Senior Center and VJC Community Center Carpet Replacement
Contract No. C-9750-1
Work on said Contract was completed, and was found to be acceptable on
October 28, 2025, by the City Council. The title to said property is vested in the Owner
and the Surety for said Contract is Venture Pacific Insurance Services
BY � f- /) f",4) ) �,,
--�
David 1N b, lic arks 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 CA ee 0.213 0-2, at Newport Beach, California.
BY
Lena Shumway, City Clerk
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Before 2:00 PM on the 2nd day of April 2025,
at which time such bids shall be opened and read for
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
$240,000
Engineer's Estimate
Approved
James M Houlihan
uty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078
MANDATORY PRE -BID SITE WALK:
A mandatory job walk will be conducted for this project on 3/19/2025 at 2:00 p.m. at the
job site located at 1000 Avocado Ave, Newport Beach, CA 92660
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 1821 East Dyer Road # 125, Santa Ana, CA 92705
Contractor License Classification(s) required for this project: "C-15"
For further information, call Ellis Petersen, P.E., Project Manager at (949) 644-3014
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor-
registration
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10
NON -COLLUSION AFFIDAVIT..................................................................... 14
DESIGNATION OF SURETIES...................................................................... 15
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 22
CONTRACT.................................................................................................................. 23
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS................................................................. Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ SP-1
2
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope before the bid opening)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening.
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
3
Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
4
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
511928; C-15, B President
Contractor's License No. & Classification Autho 'z d Si natur )tle
1000007670
3.26.2025
DIR Registration Number & Expiration Date Date
Interior Resources, Inc. dba Commercial Interior Resources
Bidder
5
Bond No. 4143
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Car et Replacement
Contract No. C-9750-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID
Dollars ($ 10%********`***" ), to be paid and forfeited to the City of
Newport Beach If the bid proposal of the undersigned Principal for the construction of Central
Library, Oasis Senior Center and VJC Community Center Carpet Replacement, Contract
No. C-9750-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport
Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute
the Contract Documents in the form(s) prescribed, including the required bonds, and original
insurance certificates and endorsements for the construction of the project within thirty (30)
calendar days after the date of the mailing of "Notification of Award", otherwise this obligation
shall become null and void.
If the undersigned Principal executing this Bond is executing 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.
Witness our hands this 26th day of March , 2025.
Interior Resources, Inc., dba:
Commercial Interior Resources By:
Name of Contractor (Principal) Kenneth . Hu - resident -
The Ohio Casualty Insurance Company
Name of Surety
790 The City Dr., South, #200
Orange, CA 92868
Address of Surety
714-441-2722
Telephone
By:
Authorized Age'lit SigrmfLre
Les M. Mantle - Attorney in Fact
Print Name and Title
(Notary acknowledgment of Principal & SUrety must be attached)
0
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 March 27 2025 before me, Janey Partida
Notary Public, personally appeared Kenneth D. Hurd
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JANEY PARTIQA
WITNESS m hand and official seal. - Notary Public • untPomia
Y � Or�n4e County
Commission K 2S0oog
My Comm. E)TIres Feb 1, 2029
Si - ture (seal)
OPTIONAL INFORMATION
Date of Document 3/26/2025 Thumbprint of Signer
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Bidder's Bond
No
Type of Satisfactory Evidence:
_X_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
® Check here if
Capacity(ies) claimed by Signer(s): no thumbprint
Trustee or fingerprint
Power of Attorney is available.
CEO/CFO/COO
X President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
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 March 26 , 2025 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(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. ��: MARY MARTIGNONI
❑ S, .�,ACOMM. # 2463366
WITNESS my hand and official seal. NOTARY PUB1tCCAVORNlA o
t ORANGE COUNTY ^
J My comet expires Sept 15 2027 c
Signature U(seal)
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 } ss.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by hislher/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
i C
Liberty
Mutual.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8206001-972012
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the Stale of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Les M. Mantle
all of the city of Fullerton state of CA each individually of there be more than one named, its true and lawful attomeydn-fact to make,
execute, seal, acknowledge and deliver, for and on ils behalf as surety and as its ad and deed, any and all undertakings, bonds, realgnizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21 st day of _ July , 2021 .
State of PENNSYLVANIA
County of MONTGOMERY
Liberty Mutual Insurance Company
PV 1NSt/�0'l INSG a %Nstl,p The Ohio Casualty Insurance Company
J 3°����'�oycin eJ3GoaPoy�Pyy� \�P4aRPOrr,�Ay� West American Insurance Company
X c, m w a
i912 r+ o y i919 c 1991
YP
ds�y�f�cnuetaL Z� &A�a� L� o
p�7 * tN 3h1 i ��a asM * lea By' 4
David M. Carey, Assistant Secretary
On this 21 st day of July , 2021 before me personally appeared David M- Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duty authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
5a rasr
Q� w F( Ca,mlorrrraltll of Pennsynanb • hblary Seel
�vI a°t< y Teresa PeryNoWy
CauntebFc
OF My comnvssim exp6w March 28, 2025 (/
C=m4sionmoNr1126044 I3y.
'4 43YL.JP McWw.PennryN 1.A—ciftmMNotaries eresa Pastella, Notary Public
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This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV- OFFICERS: Section 12, Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to ad in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, reoognizances and other surety obligations. Such attomeys-in-tad, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomeyin-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts: Section 5, Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surely obligations. Such attomeys�n-fad subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a fun, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26 th day of lurch 2025.
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Fad s3� * a Renee C. Llewellyn, Assistant Secretary
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City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750.1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach, Bidders must also include
DIR registration numbers for each subcontractor.
Interior Resources, Inc. dba
Commercial Interior Resources
Bidder
E
President
Autho _ d Sl§nhtreffitle
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Interior Resources, Inc. dba Commercial Interior Resources
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1
Project Name/Number Orange City Hall and Police Department #7173
Project Description Demo existing carpet tile, provide and install new carpet tile, resilient flooring and related materials
Approximate Construction Dates: From March 2023 To: July 2023
Agency Name City of Orange - Public Works Department
Contact Person Matthew Lorenzen, City of Orange Telephone (944 742-1731
Original Contract Amount $ 241,616 Final Contract Amount $ 241,616
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
10
No. 2
Project Name/Number City of Cerritos - Senior Center Flooring #7217
Project Description Demo existing resilient flooring, provide and install concrete moisture barrer, resilient flooirng, & related materials
Approximate Construction Dates: From March 2023 To: April 2023
Agency Name City of Cerritos
Contact Person Amandeep Mann, City of Cerritos Telephone ( 564 916-1219
Original Contract Amount $123,089 Final Contract Amount $ 158,050
If final amount is different from original, please explain (change orders, extra work, etc.)
Moisture testing results exceeded manufacturer's limits, so moisture barrier was approved & installed
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 3
Project Name/Number Glendale Community College #6853
Project Description Apply epoxy flooring finish, primer and moisture guard, float and ramp flooring throughout
Approximate Construction Dates: From July 2023 To; May 2024
Agency Name California Community College System
Contact Person Jeff Trueman, DPR Construction
Telephone (714) 423-9804
Original Contract Amount $ 370,880 Final Contract Amount $ 494,174
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders due to added scope at client's request
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
11
No. 4
Project Name/Number West Covina Library #7274
Project Description Supply and install carpet, resilient flooring, and related materials
Approximate Construction Dates: From June 2023
Agency Name
Contact Person
Los Angeles County Library
To: Oct 2023
Matt Brock, Athena Engineering, Inc. Telephone (90� 374-9685
Original Contract Amount $ 177,471 Final Contract Amount $ 225,462
If final amount is different from original, please explain (change orders, extra work, etc.)
Concrete moisture testing results exceeded manufacturer's limits, so owner approved installation of moisture barrier
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 5
Project Name/Number Glendale Central Library's Youth Spaces Renovation #7392
Project Description Supply and install sheet vinyl, carpet, and related materials
Approximate Construction Dates: From Dec 2023
To: Aug 2024
Agency Name City of Glendale
Contact Person Dan Olfert, PCL Construction Telephone (818) 482-1018
Original Contract Amount $ 260,000 Final Contract Amount $ $400,938
If final amount is different from original, please explain (change orders, extra work, etc.)
Added scope including 3/4" self -leveling & ramping required to get subfloor suitable to receive flooring
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No. 6
Project Name/Number Los Alamitos HS Gymnasium #7436
Project Description Supply and install carpet, resilient, turf, sealed concrete and wood flooring
Approximate Construction Dates: From March 2025 To: May 2025
Agency Name Los Alamitso Unified School District
Contact Person Brenda Murillo, Erickson -Hall construction Telephone ( 769 310-6328
Original Contract Amount $ 665,535 Final Contract Amount $ Job is in progress
If final amount is different from original, please explain (change orders, extra work, etc.)
Not applicable -job has not completed
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor
sufficiently comprehensive to
conditions.
Interior Resources, Inc. dba
Commercial Interior Resources
Bidder
shall attach a financial statement and other information
permit an appraisal of the Contractor's current financial
13
President
Authori ed Sign to f l
•
CIEINTERIOR RESOURCES INC.
. COMMERCIAL INTERIOR RESOURCES
1761 Reynolds Avenue / Irvine, CA 92614
phone 949.752,1470 fax 949.752.6103
Jose Flores — Production Supervisor (General Construction Superintendent)
Jose Flores is the Production Supervisor at Interior Resources, Inc. (dba Commercial
Interior Resources), responsible for overseeing all project installations. He manages field
installers, tracks workflow, and coordinates construction schedules to ensure all projects
are completed on time, within budget, and to the highest standards of quality.
Jose has over 21 years of experience in flooring installation. He joined the Floorlayers
Local 1247 Union in 2013 and began working for CIR as an apprentice. He moved his way
up through the ranks to a Journeyman and in 2020, was promoted to his current role of
Production Supervisor. Jose has become an expert at quality control, safety and labor
management. His strong communication and leadership skills allow him to manage roughly
30 field installers within different projects at any given time. Jose has supervised the
successful completion of more than $20 million of construction over the course of his
career with CIR.
City of NewportBeach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9760-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of Orange )
Kenenth Hurd being first duly sworn, deposes and says that he or she is
President of Interior Resources. Inc. oba conunerclet interior Resources , the parry making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid Is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California Pat the foregoing is true and correct.
Interior Resources, Inc. dba
Commercial Interior Resources President
Bidder Autho ize b Sidnatu'reftitle
Subscribed and sworn to (or affirmed) before me on this 26th day of March , 2025
by Kenneth Hurd President , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JANEY PART10A �Jryloulglic
Notary Public • California
Grange County
[SEAL] Commission 0 2508689
My Comm, Expires Feb 1, 2029 My Commission Expires: 2.1.2029
14
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
DESIGNATION OF SURETIES
Bidder's name Interior Resources, Inc. dba Commercial Interior Resources
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Venture Pacific Insurance Services - Liability and Workers' Comp Broker
111 Corporate Drive #200, Ladera Ranch, CA 92694
License Number OM63276
Tracy Mullins, Account Manager - (949) 421-3540
Craig Mount, Account Executive - (949) 421-3524
Lesron Surety Bonds - Bond Broker
1440 N. Harbor Blvd., Ste. 610, Fullerton, CA 92835
Les Mantle - (714) 441-2722
15
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Interior Resources, Inc. dba Commercial Interior Resources
Record Last Five (5) Full Years
Current Year of Record
Record
Record
Record
Record
Record
Record
for
for
for
for
for
for
2024
2023
2022
2021
2020
2019
Total
No. of contracts
220
203
218
154
89
143
1,027
Total dollar
Amount of
Contracts (in
$13,375m
$17,157m
$13,553m
$8,773m
$5,319m
$4,199m
$62,376m
Thousands of $)
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
1
0
0
No. of lost
workday cases
involving
permanent
transfer to
0
0
0
0
1
0
0
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
State Contractor's License No. and
Interior Resources, Inc.
dba Commercial Interior Resources
1 761 Ray nolrl Ave. Irvine, CA 92614
(949) 752-1470
Classification: 511928 - C-15 B
Title President
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
3.26. 0 5
President
Secretary
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDZ
17
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Interior Resources, Inc. dba Commercial Interior Resources
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
W.
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9750-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Interior Resources, Inc.
Name of individual Contractor, Company or Corporation: dba Commercial Interior Resources
Business Address: 1761 Reynolds Ave., Irvine, CA 92614
Telephone and Fax Number: 949.752.1470
California State Contractor's License No. and Class: 511928; C-15, B
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 6/9/1987 Expiration Date
6/30/2025
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Sam Haase/Account Executive and Danielle Lisotto/Director of Business Development
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Z=10
Title
Address
Telephone
Kenneth Hurd President 1761 Reynolds Ave., Irvine, CA 92614 (949) 752.1470
Corporation organized under the laws of the State of California
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
None
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
None
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
None
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
No.
Have you ever failed to complete a project? If so, explain.
No.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / o®
20
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Interior Resources, Inc. dba
Commercial Interior Resources
Bidder
Kenneth Hurd
(Print name of Owner or President
of Corporati n! ompany)
Author -e Signature ' le
President
Title
3.26.2025
Date
On 3/26/2025 before me, Janey Padida , Notary Public, personally appeared
Kenneth Hurd President , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
,No ry lic in and for said State
My Commission Expires, 2.1.2029
21
r L db_ —
dANEY PARTIOA
ig Notary Pubiic • Cailtomia
• Orange County
Commission X 2508669
My Comm. Expires Feb 1, 2029
City of Newport Beach
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
Contract No. C-9760-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers;
The undersigned declares that the Contractor has carefully examined the location of the
work, has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials except that material supplied by the
City and shall perform all work required to complete Contract No. C-9750-1 in accordance
with the Plans and Special Provisions, and will take in full payment therefore the following
unit prices for the work, complete in place, to wit:
3.26.2025
Date
(949) 52.1470 / (949) 752-6103
Bidder's Telephone and Fax Numbers
511928 - C-15 B
Bidder's License No(s).
and Classifications)
1000007670
DIR Registration Number
Bidder's email address:
Interior Resources, Inc.
dba Commercial Interior Resources
Bidd7
President
Bidder's utho ize ignature and Title
1761 Reynolds Ave., Irvine, CA 92614_____
Bidder's Address
shaase@cir-resource.com; dlissotto@cir-resource.com
PR-1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
Central Library, Oasis Senior Center and VJC
Community Center Carpet Replacement
CONTRACT NO. C-9750-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-3 SUBCONTRACTS
2-3.2 Self Performance
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
1
1
2
2
2
2
2
2
2
2
2
2
3
3
3
3
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3
6-1.1 Construction Schedule 4
6-7 TIME OF COMPLETION 4
6-7.1 General 4
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5
6-9 LIQUIDATED DAMAGES 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6
7-2 LABOR 6
7-2.2 Prevailing Wages 6
7-8 WORK SITE MAINTENANCE 6
7-8.4 Storage of Equipment and Materials 6
7-8.4.2 Storage in Public Streets 6
7-8.6 Water Pollution Control 6
7-8.6.2 Best Management Practices (BMPs) 6
7-10 SAFETY 7
7-10.4 Safety
7-10.4.1 Work Site Safety
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
9-3 PAYMENT
9-3.1 General
9-3.2 Partial and Final Payment.
PART 2 - CONSTRUCTION MATERIALS
SECTION 215 — BUILDING CONSTRUCTION MATERIALS
215-1 CARPET
215-1.1 General
215-1.2 Storage
215-1.3 Installation
215-1.4 Warranty
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
300-1.3.1 General
SECTION 315 — CONCRETE SLAB MOISTURE PROTECTION/TESTING
315-1 GENERAL
SECTION 316 — FLOOR PREPARATION
316-1 GENERAL
SECTION 317 — CARPET INSTALLATION
317-1 GENERAL
7
7
7
7
7
7
9
9
C
10
10
10
10
10
10
10
10
11
11
oQROF ESS/pN
CITY OF NEWPORT BEACH 25�\SpNOROp�,q��
PUBLIC WORKS DEPARTMENT
�m
SPECIAL PROVISIONS
C08 458._ Z
Central Library, Oasis Senior Center and VJC 4lF C/V IL ��p
Community Center Carpet Replacement of AILIFO
CONTRACT NO. C-9750-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) The Plans/Scope of Work (Drawing No. B-5329-S); (3)
the City's Design Criteria and Standard Drawings for Public Works Construction, (2021
Edition); (4) Standard Specifications for Public Works Construction (2015 Edition)
including supplements. The City's Design Criteria and Standard Drawings for Public
Works Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www bnibooks com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class "C-15" license. At the start of work and until completion of work, the Contractor
and all Subcontractors shall possess a valid Business License issued by the City.
Page SP 1 of 11
2-3 SUBCONTRACTS
2-3.2 Self Performance
Delete this section.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of replacing carpet and
wall base along with associated efforts including furniture moving in 3 facilities as further
defined below and in the Scope of Work document.
Oasis Senior Center (801 Narcissus Ave, Corona Del Mar, CA 92625)
Approximately 8,000 SF carpet replacement and wall base replacement
Central Library (1000 Avocado Ave, Newport Beach, CA 92660)
Approximately 6,300 SF carpet replacement and wall base replacement
VJC (1300 Irvine Ave, Newport Beach, CA 92660)
Approximately 1,630 SF carpet replacement and wall base replacement
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs and shall constitute the markup for all overhead and
profit:
Page SP 2 of 11
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs and shall constitute the markup for all
overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48-hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Page SP 3 of 11
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the schedule in the future. Such stoppages of
work shall in no way relieve the Contractor from the overall time of completion
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
All recarpeting and associated work must be complete within 8 consecutive weeks of
issuance of the Notice to Proceed. Schedule requirements are outlined by facility below:
Oasis Senior Center (801 Narcissus Ave, Corona Del Mar, CA 92625)
Recarpeting of this facility shall be conducted within a 16 consecutive day period (3
consecutive weekends and two consecutive 5 days weeks). Recarpeting of Office Area
#1 shall be done is a 4 consecutive day period (2 weekdays and 2 weekend days).
Office Area #1 shall be fully operational and accessible at all times outside of the 4
consecutive day recarpeting period. Recarpeting of Office Area #2 shall be done is a 4
consecutive day period (2 weekdays and 2 weekend days). Office Area #2 shall be fully
operational and accessible at all times outside of the 4 consecutive day recarpeting
period.
Central Library (1000 Avocado Ave, Newport Beach, CA 92660)
Recarpeting of this facility shall be conducted within a 7 consecutive day period (5
weekdays and 2 weekend days). This shall be scheduled concurrently with a proposed
closure of the library in fall/winter for replacement of the library's air handlers.
Mariners Library (1300 Irvine Ave, Newport Beach, CA 92660)
Recarpeting of this facility shall be conducted within a 7 consecutive day period (5
weekdays and 2 weekend days).
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within the scheduling
requirements outlined above. The Contractor shall ensure the availability and delivery of
Page SP 4 of 11
all material prior to the start of work. Unavailability of material will not be sufficient
reason to grant the Contractor an extension of time.
Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Sunday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 9:00
p.m., Monday through Sunday. A request for working outside the normal working hours
must be made at least 72 hours in advance of the desired time period. A request must
be made for each work shift. The Engineer reserves the right to deny any or all such
requests. Additionally, the Contractor shall pay for supplemental inspection costs of
$276 per hour when such time periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be at the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
Page SP 5 of 11
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 and 6.1-1
for completion of the work (or any portion of the work for which the stated timeframe is
exceeded), the Contractor shall pay to the City or have withheld from moneys due it, the
daily sum of $1,000.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
Page SP 6 of 11
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and backcharging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Page SP 7 of 11
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, submittals, insurance
and financing; preparing and implementing the BMP Plan; providing photographic
record or building and surroundings documenting preconstruction conditions; preparing
and updating construction schedules as requested by the Engineer; attending
construction progress meetings as needed and all other related work as required by the
Contract Documents. This bid item shall also include work to demobilize from the
project site including but not limited to site cleanup and providing any required
documentation as noted in the Contract Documents.
Item No. 2 Oasis Senior Center Carpet Replacement (801 Narcissus Ave, Corona
Del Mar, CA 92625): Work under this item shall include furnishing all equipment,
materials, supplies and labor for demolishing, disposing of and replacing/reinstalling all
carpeting and wall base in the areas indicated in the Scope of Work. (Drawing No. B-
5329-S). This item includes removing, storing and returning furniture to its original
location.
Item No. 3 Central Library Carpet Replacement (1000 Avocado Ave, Newport
Beach, CA 92660): Work under this item shall include furnishing all equipment,
materials, supplies and labor for demolishing, disposing of and replacing/reinstalling all
carpeting and wall base in the areas indicated in the Scope of Work (Drawing No. B-
5329-S). This item includes removing, storing and returning furniture to its original
location.
Item No. 4 VJC Carpet Replacement (1300 Irvine Ave, Newport Beach, CA 92660):
Work under this item shall include furnishing all equipment, materials, supplies and
labor for demolishing, disposing of and replacing/reinstalling all carpeting and wall base
in the areas indicated in the Scope of Work (Drawing No. B-5329-S). This item includes
removing, storing and returning furniture to its original location.
Item No. 5 Provide As -Built Drawings and Close-out Documents: Work under this
item shall include, but not be limited to, all labor, tools, equipment and material costs for
all actions necessary to provide as -built drawings, close-out documents and warranties.
All warranties shall name the City as owner and recipient of warranties. These drawings
must be kept up to date and submitted to the Engineer for review prior to request for
payment. An amount of $2,500.00 is established for this bid item. The intent of this pre-
set amount is to emphasize to the Contractor the importance of as -build drawings.
Page SP8of11
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 215 — BUILDING CONSTRUCTION MATERIALS
215-1 CARPET
215-1.1 General
The contractor shall be experienced and certified in installing both Shaw Contract and
Tarkett carpets as further outlined below:
Installation Qualification: Contractors for floor covering installation should be
experienced in managing commercial flooring projects and provide professional
installers, qualified to install the various flooring materials specified. An installer is
"qualified" if trained or certified by Tarkett or a certified INSTALL (International
Standards & Training Alliance) carpet installer.
The contractor shall provide an "attic stock" (extra/unused carpet for future spot
repairs/replacements of stained/damaged carpet) which shall be equivalent to the lesser
of 500 SF or 10% of each carpet type specified for this project.
All carpet proposed for this project is carpet tile (not roll carpet).
215-1.2 Storage
Carpeting materials shall be stored in accordance with the manufactures' specification
including temperature and humidity.
215-1.3 Installation
Carpet shall be installed per the manufactures' specifications.
215-1.4 Warranty
The contractor shall comply with the manufacturer's warranty requirements.
PART 3 - CONSTRUCTION METHODS
Page SP9of11
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer.
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
SECTION 315 — CONCRETE SLAB MOISTURE PROTECTION/TESTING
315-1 GENERAL
The Contractor shall ascertain that concrete slab surfaces upon which new carpeting is
to be placed is sufficiently dry to receive the new carpet. Therefore, the Contractor may
want to consider only removing the section of existing flooring that can be covered by
the end of the same workday. In the event that the concrete slab is too "wet" for the
new installation, the contractor shall deploy acceptable drying techniques to reduce the
concrete slab moisture to a level acceptable to the product manufacturer.
SECTION 316 — FLOOR PREPARATION
316-1 GENERAL
The Contractor shall:
a) Clean away debris and scrape up cementitious deposits from surfaces to receive
flooring.
Page SP 10 of 11
b) Fill cracks, depressions, and rough areas using materials recommended by the
flooring manufacturer.
c) Verify substrate surfaces are smooth and flat with maximum variation of 1/8" in
101.
d) Vacuum clean immediately before installation.
SECTION 317 — CARPET INSTALLATION
317-1 GENERAL
The Contractor shall:
a) Strictly follow the flooring manufacturer's installation instructions.
b) Only use manufacturer's approved adhesives and seam sealers to maintain the
factory product warranty.
c) Provide cutouts where needed.
d) Install edge guard where edge of flooring is exposed.
e) Another edge guard to substrate.
f) Apply seaming adhesive on edge of flooring at seams. All exposed adhesives
shall be removed.
g) Fit the flooring material into each space for fitness prior to applying adhesive.
h) Trim edges and butter cuts with seaming cement.
i) Apply adhesive in a preplanned and uniform pattern.
j) Roll the flooring material tightly to avoid air pockets.
PROFESSIONAL MOVING SERVICES
The contractor shall provide professional moving services to relocate furniture prior
to carpet installation, as well as to move furniture back to its proper location once
installation is completed. This includes all tables, chairs, freestanding book displays,
office furniture, carts, other work materials, etc. The City will disconnect any
electronic equipment prior to moving. Furniture which is affixed to the walls or floors
shall not be moved and the carpet shall be cut around any such furniture.
Page SP 11 of 11
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CENTRAL LIBRARY, OASIS SENIOR CENTER AND VJC COMMUNITY CENTER
CARPET REPLACEMENT
CONTRACT NO. 9750-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day
of May, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and INTERIOR RESOURCES,
INC., a California corporation, doing business as ("DBA") Commercial Interior Resources,
("Contractor"), whose address is 1761 Reynolds Avenue, Irvine, CA 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. City has advertised for bids for the following described public work: the work
necessary for the completion of this contract consists of replacing carpet and wall
base along with associated efforts including furniture moving in three (3) facilities
(the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 9750-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of One Hundred Fifty One Thousand Seventy Dollars
($151,070.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. 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 Jose Flores 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.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public
Works Director, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
represent City in all matters pertaining to the Work to be rendered pursuant to this
Contract.
Interior Resources, Inc. dba Commercial Interior Resources
Page 2
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, 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.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Interior Resources, Inc. dba Commercial Interior Resources
Page 3
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Kenneth Daniel Hurd
Interior Resources, Inc DBA Commercial Interior Resources
1761 Reynolds Avenue
Irvine, CA 92614
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of 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.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) 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 as Exhibit B and incorporated herein by reference; and
(2) 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 as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment 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 Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and 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.
Interior Resources, Inc. dba Commercial Interior Resources
Page 4
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. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. 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 the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
14.1 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
Interior Resources, Inc. dba Commercial Interior Resources
Page 5
labor laws, rules and regulations, and the parties agree that the City shall not be liable
for any violation thereof.
14.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor
and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of
per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on
request.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and 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 Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers 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 Work 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.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
Interior Resources, Inc. dba Commercial Interior Resources
Page 6
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all 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 be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
Interior Resources, Inc. dba Commercial Interior Resources
Page 7
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. 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.
19. TERMINATION
19.1 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
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) 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.
19.2 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
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor 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 Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
Interior Resources, Inc. dba Commercial Interior Resources
Page 8
20.3 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.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 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.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 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.
20.8 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.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 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.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
Interior Resources, Inc. dba Commercial Interior Resources
Page 9
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Interior Resources, Inc. dba Commercial Interior Resources
Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
TiAttorney
Harp
ATTEST: �
Date: `�� AP6,-
LIM
CITY OF NEWPORT BEACH,
a Californi municipal corporation
Date: S 2 2S
By.
Joe aple on
May r
CONTRACTOR: INTERIOR
RESOURCES, INC., a California
corporation doing business as ("DBA")
Commercial Interior Resources
Date:
Signed in Counterpart
Bv:
Kenneth Daniel Hurd
Chief Executive Officer, Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Interior Resources, Inc. dba Commercial Interior Resources
Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: aN>
:Attorney
n C-Harp
i
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONTRACTOR: INTERIOR
RESOURCES, INC., a California
corporation doing business as ("DBA")
Commercial Interior Resources
Date: 4/28/2025
By: ' !U
Kenneth Daniel u
Chief Ex cutive Officer, Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Interior Resources, Inc. dba Commercial Interior Resources
Page 11
PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN DUPLICATE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 024281907
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Interior
Resources, Inc. dba Commercial Interior Resources hereinafter designated as the
"Principal," a contract for: the work necessary for the completion of this contract consists
of replacing carpet and wall base along with associated efforts including furniture moving
in three (3) facilities 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 Ohio Casualty 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 One
Hundred Fifty One Thousand Seventy Dollars ($151,070.00).lawful money of the United
States of America, said sum being equal to .100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
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
Interior Resources, Inc. dba Commercial Interior Resources
Page A-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder 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 25th day of April , 20 25 , '
Interior Resources, Inc., dba:
Commercial Interior Resources
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
790 The City Dr., South, #200
Orange, CA 92868
Address of Surety
714-634-3311
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
el�nI (1
p
Attorney yjS
By:
Kenneth D. urd - resident
By:
Les M. Mantle - Attorney in Fact
Print Name and Title
(Corporate Seal)
NOTARYACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Interior Resources, Inc. dba Commercial Interior Resources
Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
cedificate 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 QOAt-4e ss.
On AMI C_ 4 20 25 before me,
Notary Public, personally appeared Kenneth D. Hurd
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS y hand and o icial seal. 'yY MARY GARMSHAUSEN
Notary Public - California Z
ZOrange County a_
«` Commission # 2490788
My Comm, Expires Jun 17, 2028
g ature•
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 April 25 , 2025 before me, Mary Martignoni
Notary Public, personally appeared Les M. Mantle
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me -that he/she/they executed the same
in his/her/their authorized-capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. MARY MARTIGNONI g
N Ji,
COMM. # 2463366 �
WITNESS my hand and official seal. na`-ii c c s NOTARY PUBLIC CALIFORNIA o
ORANGE COUNTY
,I My comm. expires Sept 15, 2027 it
i ature
Interior Resources, Inc. dba Commercial Interior Resources
Page A-3
This Power of Attorney limits the acts of those named herein, and they have no authority to
10� bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8206001-972012
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Les M. Mantle
all of the city of Fullerton state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21 st day of July 2021
Liberty Mutual Insurance Company
P� INSU'D Po"i INS& \NSURq The Ohio Casualty Insurance Company
�J 4°pPO�T �n y`W 4°RPORST�y �4P 4oaPOPqT y� West American Insurance Company
u� 3 Fo m � 3 Fo cn
N T�1912y0 0 1919 1991 0 DIA **�y�O �M /
CJ,rN .. ..-4 MP���s
.20
By
Ca
David M. Carey, Assistant Secretary 6 cc
s `m State of PENNSYLVANIA 5
County of MONTGOMERY ss ^ E
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On this 21st day of July 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance re
aa)i
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes n
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. @
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written
�P PAST
Q4i N W- F<'
�W Q� 9(Z 9
OF
Commonwealth of Pennsylvania -Nolary Seal
Montgomery County
Teresa Pastella, Notary Puhlic�ZiGcic�t
My commission expires March 28, 2025
By: bi
�P
�jr., yNSyCVP� �G
Aqy PVg�.
Commission number 1126044
eresa Pastella, Notary Public
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
W ARTICLE IV —OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
cPresident may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
> o any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25 th day of April 2025
P� INSU� P0-1 INS& � WSW.
J 3°ore°r�roy�crt 3°oaPor�Pgy \VQ'°°aPoryr�4'�'
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�91912�%3 yy1919�o Q 1991 0
d� ssq°tiUSF as (7 MPSa`aa le �N-0. da By. Renee C. Llewellyn, Assistant Secretor
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$1958.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT EXECUTED IN DUPLICATE
TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO.024281907
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City")
has awarded to Interior Resources, Inc. dba Commercial Interior Resources, (hereinafter
referred to as the "Contractor") an agreement for the work necessary for the completion
of this contract consists -of replacing carpet and wall base along with associated efforts
including furniture moving in three (3) facilities (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated May 13, 2025, (hereinafter referred
to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for. the faithful - performance of said Contract
Documents,
NOW, THEREFORE, we, the undersigned Contractor and
The Ohio Casualty Insurance Company as Surety, a corporation
organized and ' duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City In the sum of One Hundred Fifty One
Thousand Seventy Dollars ($151,070.00), said sum being not less than one hundred
percent (100%) of the total amount of the Contract, for which amount well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations
including the one (1) year guarantee of all materials and workmanship; and shall
Indemnify and save harmless the City, their respective officials, officers, employees, and
authorized volunteers, as stipulated in said Contract Documents; then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses .and fees
including reasonable attorney's fees, incurred by City in enforcing such obligation.
Interior Resources, Inc. dba Commercial interior Resources Page B-1
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by City, during which
time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the
City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure Section 337.15.
. Whenever Contractor shall be, and is declared by the City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly,"at the City's option:
Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City, and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages for which Surety may be liable. The term "balance of the contract
price" as used in this paragraph.shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less
any amount previously paid by the City to the Contractor and any other set
offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable.
The term "balance .of the contract price" as used in this paragraph shall
mean the total amount payable to Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City
to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by
the Contractor.'
Surety shall not utilize Contractor in completing the Project nor shall Surety accept
a bid from Contractor for completion of the Project if the City, when declaring the
Contractor in default, notifies Surety of the City's objection to Contractor's further
participation in the completion of the Project.
Interior Resources, Inc. dba Commercial Interior Resources Page B-2
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project to
be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 25th day of Aril ,2 25 ..
Interior Resources; Inc., dba:
Commercial Interior Resources B :
Name of Contractor (Principal) Kenneth WHurd - President
The Ohio Casualty Insurance Company
Name of Surety
790 The City Dr., South, #200
Orange, CA 92868
Address of Surety
714-634-3311
Telephone
(Attach Attomey-in-Fact Certificate)
By-.
Les M. Mantle - Attorney in Fact
Print Name and Title
(Corporate Seal)
The rate of premium on this bond is $12.96 per thousand. The total amount of
premium charges is $1958.00
(The above must be filled in by corporate attorney.)
Any claims under this bond may be addressed to: -
(Name and Address of Surety or Lesron Insurance Agency, Inc. - License No. 0792430
Agent for Service in California) 1440 N. Harbor Blvd., #610, Fullerton, CA 92835
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 57 I /Z �
By: D'
ron C. Harpr
City Attorney �J
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BEATTACHED
Interior Resources, Inc. dba Commercial Interior Resources Page B-3
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 ss.
On AW L- 20'/�- before me,WY &AMrzi��
Notary Public, personally appeared Kenneth D. Hurd
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
• and •icial seal.
U 11�
MARY GARMSHAUSEN
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a W = Notary Public - California z
z _ . Orange County
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"`"° Commission # 2490788
My Comm, Expires Jun 17, 2028
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 April 25 2o25 before me, Mary Martignoni
Notary Public, personally appeared Les M. Mantle
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official sea
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l NOTARY PUBLIC CALIFORNIA
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This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8206001-972012
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Les M. Mantle
all of the city of Fullerton state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons. -
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21 st day of July 2021
Liberty Mutual Insurance Company
P� 1NSURq POSY INSU XX INSURq The Ohio Casualty Insurance Company
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David M. Carey, Assistant Secretary a
State of PENNSYLVANIA 'i]
County of MONTGOMERY ss .2
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On this 21st day of July 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a (D
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes L N
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > @
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Q
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Commonwealth of Pennsylvania - NotarySeal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
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Commission number 1126044
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Member, Pennsylvania Association of Notaries
By: V m/ata")
Teresa Pastella, Notary Public Q o
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE Xlli — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such allomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25 th day of April 2025
P� INSU� P�ZY INS&
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EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. 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.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee 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. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to City,
along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, 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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Interior Resources, Inc. dba Commercial Interior Resources Page C-1
insured contract (including the tort liability of another assumed in a business
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
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 for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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 and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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. All of the executed
Interior Resources, Inc. dba Commercial Interior Resources Page C-2
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements 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. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is
cancelled or reduced, Contractor shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. The 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 ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. 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. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. 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.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A 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. If the Contractor maintains higher
Interior Resources, Inc. dba Commercial Interior Resources Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor 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 Contractor's 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.
H. 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 Contractor's
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.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Interior Resources, Inc. dba Commercial Interior Resources Page C-4
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