HomeMy WebLinkAboutC-3959 - Community Youth Center Rehabilitation* a
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani 1. Brown, MMC
August 19, 2010
Mr. Thomas B. Copenhaver
TBC Contractors Corporation
1241 N. Lakeview Avenue, Suite K
Anaheim, CA 92807
Subject: Community Youth Center Rehabilitation (C-3959)
Dear Mr. Copenhaver:
On August 11, 2009, the City Council of Newport Beach accepted the work for
subject project and authorized the City Clerk to file a Notice of Completion, to
release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Labor & Materials Bond was released on September 22, 2009. The Surety for
the contract is Insurance Company of the West and the bond number is 2276550.
Enclosed is the Faithful Performance Bond.
Sincerel
Leilani I. Browrl, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us
*Executed in quadruplicate*
r
CITY OF NEWPORT BEACH Premium: $8,066.00
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
BOND NO. 2276550
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 8,066.00
11/per thous for 1st $500,000
being at the rate of $ 8/per thous for remaining thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to TBC Contractors Corporation, hereinafter designated as the "Principal", a
contract for construction of COMMUNITY YOUTH CENTER REHABILITATION, Contract No.
3959 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications,
and other Contract Documents maintained in the Public Works Department of the City of Newport
Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3959 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Insurance Company of the West
, duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport
Beach, in the sum of Eight Hundred Twenty Thousand, Seven Hundred and 00/100 Dollars
($820,700.00) lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
9
0 0
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 12th day of January J2009.
TBC Contractors Corporation (Principal)
Insurance Company of the West
Name of Surety
11455 E1 Camino Real
San Diego, CA 92130
Address of Surety
858-350-2400
Telephone
Authorized Sig'natureNitle
�r
Authorized Ag nt Signature
Ryan Tash/Attorney-in-fact'.
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
29
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Leilani I. Brown, MMC
September 22, 2009
Mr. Thomas B. Copenhaver
TBC Contractors Corporation
1241 N. Lakeview Avenue, Suite K
Anaheim, CA 92807
Subject: Community Youth Center Rehabilitation (C-3959)
Dear Mr. Copenhaver:
On August 11, 2009, the City Council of Newport Beach accepted the work for
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond 35 days after the Notice of Completion had
been recorded in accordance with applicable portions of the Civil Code, and to
release the Faithful Performance Bond one year after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
August 18, 2009, Reference No. 2009000445011. The Surety for the contract is
Insurance Company of the West and the bond number is 2276550. Enclosed is
the Labor & Materials Payment Bond.
Sincerely,
CUTX
myk
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us
*Executed in quadruplicate* CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
BOND NO. 2276550
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to TBC Contractors Corporation, hereinafter designated as the
"Principal," a contract for construction of COMMUNITY YOUTH CENTER REHABILITATION,
Contract No. 3959 in the City of Newport Beach, in strict conformity with the plans, drawings,
specifications and other Contract Documents in the office of the Public Works Department of the
City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3959 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,
Insurance Company of the West duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety') are
held firmly bound unto the City of Newport Beach, in the sum of Eight Hundred Twenty
Thousand, Seven Hundred and 00/100 Dollars ($820,700.00) 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 attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
26
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 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 or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, 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 12th day of January 2009.
TUC Contractors Corporation (Principal)
Insurance Company of the West
Name of Surety
11455 E1 Camino Real
San Diego, CA 92130
Address of Surety
858-350-2400
Telephone
Authorized Si nature Ale
Au horized Agefit Signature
Ryan Tash/Attorney-in-fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
27
No. 0004066
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
WILL MINGRAM, JENNIFER WAYNE, RYAN TASK
JEFF DAVIS, RACHEL HOLBROOK, JEFF ARSE, JANELLE L. MILLER
their true and lawful Attomey(s)-m-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other
similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008.
�,,st�raanwYaff �d`' p0""Co 'Wow
aaoaroxs4,a s o°p ��m p� cy �4(/� G� INSURANCE COMPANY OF THE WEST
o „SEAL EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
Jeffrey D. Sweeney, Assistant Secretary
State of Calilmn a 11
County of San Diego I ss.
J. Douglas Browme, Senior Vice President
On January 2, 2005, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory
evidence to be the persons) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and
that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
MARY COBB
COMM. *1602390
N NCTARY PL%Lr.�s
�J SAN DIEGOCDUN7Y
MY Comtalomm City m i
SEPTEMBER 20.2009
Mary Cobb, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and
current status of the appointment, may be fammile representations of those signatures; and the signature and seat of any notary, and the seal of the
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying."
CERTIFICATE
L the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify
that the foregoing Power of Attorney is in full force and effecS and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies, and are now in full force. -
INWnNESSWHEREOF,lhavesetgtytandthis 12th dayef January 2009
Jeeffny D. Sweeney, Assistant Secretary
To verify the autheMiclty.of this Power of Attorney you may call 1.800.877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above
named individual(s) and d4ai)`.of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino
Real, San Diego, CA 92 1341-2 0 4 5 of eall (858) 350-2400.
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of Los Angeles J}
On 1/12/09 before me, Cesira L. Scarnici-Notary Public
Date Here inaert Name and Title of Aa officer
personally appeared Ryan Tash
Names) of Signerts)
CESIRA L, g— C�-
Commission # 1561247
`e Notary public -
t
Los Angeles County
ty to
M1' Comm. E><ptres Mar 19.2a
Piece Notary Seal Above
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
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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 Ynd And 1I. n A
Signature \ /'-'" -
Signature of Notary Pudic
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Signer Is Representing:
RIGHTTHUMBPRINTER
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ACKNOWLEDGMENT
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State of California
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On Yv kAY z- -2,;t before me, jl t".-1 z3. itip<L o ,
Notary Public, personally appeared TNnrnsn Bu f 9 C Jb e iv #jtyevL_
who proved to me on the basis of satisfactory evidence to be the personA whose
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I certify under PENALTY OF PERJURY under the laws of the State of California that the
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WITNESS my hand and official seal.
JOHANJ. HARDY
w COAMM. #1812155 CU
P
0 � NOTARY PUBLIC -CALIFORNIA 0
LOS ANGELES COUNTY CID
My Comm. ExPiies Sept, 05. 2012
Sig - u -re
(seal)
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Type of Satisfactory Evidence:
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'.. '01':S 41:clatr !.Ir.,lAr P�=per2tinn_ Inr. - (BUU I fi86-84SG - wmrr;.alls{a lenofary.COm
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and TBC Contractors Corporation, of
Anaheim, California, as Contractor, entered into a Contract on January 27, 2009. Said
Contract set forth certain improvements, as follows:
Community Youth Center Rehabilitation (C-3959)
Work on said Contract was completed, and was found to be acceptable on
August 11. 2009, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Insurance Company of the West.
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on I1 ��I �%vV �?', �lf!� at Newport Beach, Califomia.
BY ""Co
City Cleric
U
9�/PoRN%P
0 Recorded in OffiAecords, Orange County
RF� �% Toni Daly, Clerk -Recorder
RECORDING REQUESTe[�Bi' �J ED lliil .II IIIIiIIIIIIIIIIIIIiIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111ld4 FEE
WHEN RECORDED RETURN TO: 2009000445011 12:49pm 08/18109
2819 AUG 25 AM 9= 12 100 286 N12 1
City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City of Newport Beach OFFICE OF
3300 Newport Boulevar�I�, THE CITY CLERK
Newport Beach, CA 9286'3 OF NIPAPORT BFEXH
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and TBC Contractors Corporation, of
Anaheim, California, as Contractor, entered into a Contract on January 27, 2009. Said
Contract set forth certain improvements, as follows:
Community Youth Center Rehabilitation (C-3959)
Work on said Contract was completed, and was found to be acceptable on
August 11, 2009, by the City Council. Title to said property is vested in the Owner, and
the Surety for said Contract is Insurance Company of the West.
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on ► I ��I �/�UV 1 y �1t!� at Newport Beach, California.
` 4 NEVvpO
BY O VUVv'— O 'Q�
City Clerk A.
9�'F0 R W'�
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Lcilani L Brown, MMC
August 12, 2009
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
RE: Notices of Completion for the following project:
Community Youth Center Rehabilitation (C-3959)
Community Youth Center Parking Lot Improvements (C-4132)
Please record the enclosed document and return it to the City Clerk's office.
Thank you.
Sincerely,
Leilani I. Brown, MC
City Clerk
Enclosures
3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www. city. newport-beach.ca.us
• ! 2s°G�Oo7L!
CITY OF NEWPORT BEACH( I All11 1 1 7099CITY COUNCIL STAFF REPORT
August 11, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse
949-644-3321 or ftse(a)newportbeachca.aov
SUBJECT: COMMUNITY YOUTH CENTER REHABILI,TA-T ON — COMPLETION
AND ACCEPTANCE OF CONTRACT NO 395
RECOMMENDATIONS:
1. Accept the completed work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after
the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
DISCUSSION:
On January 27, 2009 the City Council awarded the Community Youth Center (CYC)
Rehabilitation project to TBC Contractors Corporation to remodel the center's interior
and exterior. The extensive rehabilitation work included:
• new glass partitions to minimize sound spillage across activity rooms;
• new reception, office spaces, and restrooms;
• new flooring;
• new ceiling systems;
• an upgraded HVAC system;
• electrical and plumbing system upgrades;
• new wirings and provisions for future audio-visual equipment;
• new energy efficient solartubes/circular skylights in the restrooms;
• rebuilt exterior door hardware;
• CYC Rehabilitation - Completia,d Acceptance of Contracl No. 3959
August 11, 2009
Page 2
• enlarged concrete patios;
• secondary exit staircase;
• new entrance trellis and walkway;
• new signage;
• new exterior stucco;
• new interior and exterior paint; and
• new landscaping.
While the designers of building rehabilitation projects cannot be expected to have
included all subsurface work items on the plans, the contract documents for this project
could have been more complete and included more details. Numerous changes and
extra work items totaled $85,487.00 (see attached tabulation sheet).
The contract has now been completed to the satisfaction of the Public Works
Department. A summary of the contract cost is as follows:
Original bid amount: $820,700.00
Actual amount of bid items constructed: $820,700.00
Total amount of change order: $ 85 487.00
Final contract cost: $906,187.00
The final overall construction cost including the extra work and credits was $85,487.00
or 10.4% over the original bid amount.
The following is a summary of the project schedule per the Fiscal Year 2008-2009
Master Project Schedule,
Schedule Summary
Estimated completion date per June 2008 Schedule: June 19, 2009
Project award for construction: January 27, 2009
Estimated completion date at Award: June 2, 2009
Actual construction completion date: June 5, 2009
Environmental Review:
The project is Categorically Exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This
exemption covers the repair, maintenance and minor alteration of existing public
facilities with negligible expansion.
CVC Rehabilitation - Completiood Acceptance of Contract No. 3959
August 11, 2009
Page 3
Funding Availability:
In addition to the primary construction contract, this project involved other project
expenses. Total project expenses are summarized as follows:
Construction
$ 906,187.00
Design
132,165.10
Project Management
26,85927
Surveying
9,564.00
Landscape Design
6,484.00
Materials Testing
5,216.00
Construction Drawings
4,396.90
Printing and Incidentals
1,806.17
Total Project Cost
$1,092,678.44
Funds for the construction project were expended from the following account:
Account Description
CYC Rehabilitation - General Fund
CYC Rehabilitation — Building Excise Tax
Prepared
Civil Engineer
Account Number Amount
7011-C4120806 $ 904,187.00
7271-C4120806 2,000.00
$ 906,187.00
Submitted by:
CYC Rehabilitation - Completions Acceptance of Contract No. 3959
August 11, 2009
Page 4
CYC Rehabilitation Contract No. 3959
List of Change Orders
Work
Chan es
Description
Amount
1
Additional construction site temporary edmeter fencing
$
976.00
2
Replace existipA patio railings to meet Building Code
$
9,287.00
3
Install restroom solid countertop in lieu of specified laminates
$
3,348.00
4
Add above grade area drainage connections and new grates
$
3,897.00
5
Separate and rewire conduits in attic sub panels per Building Code
$
6,112.00
6
Removelrewire above ground junction box. Add two duplexes and
lower two plu s.
$
2,466.00
7
Rebuild, certify, and re -install reduced pressure backflow preventer
$
2,460.00
8
Concrete encase existing Edison feed under new trellis
$
4,703.00
9
Reconstruct ceiling in Offrce/Room 9
$11,308.00
10
Sandblast interior walls next to entrance
$
2,240.00
11
Credit — Light fixtures substitution
-$
5,346.00
12
Galvanize exterior guardrails
$
1,344.00
13
Credit — Acoustical ceiling chane
-$
8,084.00
14
Exterior concrete staircase re -alignment
$12,203.00
15
CMU planterwalls
$
1,666.00
16
Paint exposed spiral mechanical ductwork
$
1,913.00
17
Rework walls and install wirings and conduits for AV equipment
$15,902.00
18
Credit — Delete trash receptacles
-$
1,884.00
19
Replace existing soffit with new
$
6,439.00
20
Reworklinstall new front entry header
$
1,791.00
21
Repair irrigation lateral andsprinkler wires
$
4,276.00
22
Roof water testing
$
1,118.00
23
Additional landscaping in front of entrance
$
2,979.00
24
Sign modifications
$
481.00
25
Exterior door hardware replacement
$
3,824.00
26
Rework and re -finish interior wood ca
$
593.00
27
Credit — Delete independent air balance testing
-$
1,000.00
28
Re-route existing condensate lines
$
475.00
Total Project Changes
$85,497.00
•
•
CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 11:OOAM on the 6th day of January, 2009,
at which time such bids shall be opened and read for
COMMUNITY YOUTH CENTER REHABILITATION
Title of Project
Contract No. 3959
$700,000
Engineer's Estimate
�4FOR�
t6phen G-Badum
blic Works Director
Contract documents and Special Provisions may be obtained at Public Works
Department for $10.
Bidders must obtain the Building and Landscaping Plans and Building Specifications through
Reliable Graphics of Costa Mesa. Contact Frank Arevalo, Manager via fax or email:
RG6(a�reliablegraphics.com or Fax 714-445-0008.
Contractor License Classification(s) required for this project: `B"
For further information, call Fong Tse, Project Manager at (949) 644-3321
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://wwwcity. newport-beach.ca. us
CLICK: e-onlineservices/e-bidPublicWorks
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
TABLE OF CONTENTS
NOTICE INVITING BIDS......................................................................................... Cover
INSTRUCTIONS TO BIDDERS......................................................................................3
BIDDER'S BOND............................................................................................................5
DESIGNATION OF SUBCONTRACTOR(S)...................................................................6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................7
NON -COLLUSION AFFIDAVIT.....................................................................................11
DESIGNATION OF SURETIES.....................................................................................12
CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13
ACKNOWLEDGEMENT OF ADDENDA.......................................................................15
INFORMATON REQUIRED OF BIDDER......................................................................16
NOTICE TO SUCCESSFUL BIDDER..........................................................................19
CONTRACT..................................................................................................................20
LABOR AND MATERIALS BOND.................................................................................26
FAITHFUL PERFORMANCE BOND.............................................................................28
PROPOSAL............................................................................................................... PR -1
SPECIAL PROVISIONS............................................................................................SP-1
ARCHITECTURAL SPECIFICATIONS............ Bidder to order from Reliable Graphics
FA
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
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)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
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.
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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
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.
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
i
•
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.
8. 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. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
641460 B
Contractor's License No. & Classification
TBC Contractors Corporation
Bidder
'.
AThom°aseB SOopenhaveie, President & CEO
01/05/2009
Date
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
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 Amount 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
COMMUNITY YOUTH CENTER REHABILITATION, Contract No. 3959 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 2nd day of January 2009.
TBC CBntractors Corporation
Name of Contractor (Principal)
Insurance Company of the West
Name of Surety
!_�
Authorized Signat" ure/TW
Pre7' ent & CE
Authorized Agieht Signature
11455 E1 Camino Real, San Diego, CA 92130 Ryan Tash (Attorney-in-fact)
Address of Surety Print Name and Title
858-350-2400
Telephone
(Notary acknowledgment of Principal & Surety must be attached)
- No. 0004066
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer
Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized
under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint
WILL MINGRAM, JENNIFER WAYNE, RYAN TASH,
JEFF DAVIS, RACHEL HOLBROOK, JEFF AASE, JANELLE L. MILLER
thew true and lawful Atmmey(s)-m-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other
similar contracts of suretyship, and any related documents.
In witness whereof, the Companies have caused these presents in be executed by its duly authorized officers this 2nd day of January, 2008.
3'caaPM'Yy' SAS eRA,Vo V" ..
3' espVOt+>eny* 47 `P �rF o cY INSURANCE COMPANY OF THE WEST
O: O SEALEXPLORER
d� r a EXPLORER INSURANCE COMPANY
++•
"40
Jeffrey
INDEPENDENCE CASUALTY AND SURETY COMPANY
°a�was ,.:•.d
7etfrey D. Sweeney, Assistant Secretary J. Douglas Browne, Senior Vice President
State of California
} ss.
County of San Diego
On January 2, 2008, before me, Mary Cobb, Notary Public, personalty appeared J. Douglas Browne and Jeffrey D. Sweeney, 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 they executed the same in thew authorized capacities, and
that by thew signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
MARY CCM
COMM. *9602890
NOTARY PUBLE-ON MC NIA q
�y SANDIEGOCOUINTY n
My Commission Expif¢s
SEPTEMBER 2D. 2009
Mary Cobb, Notary Public
I;i:f.Ya7Sa1YLi]287
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective
Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are
hereby authorized to execute Powers cf Artom.y appointi.^.g the peknn(s) :caned as Aftomey(s)-m-Fact to date, execute, sign, seal, and deliver on
behalf of the Company, fidelity and surety bonds, undertakings, and other similar contacts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and
current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the
Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred in herein may be affixed by stamping, printing, typing, or photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify
that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of
Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF; I have yet my hand this 2nd dayof January . 2009 .
d-11�, -
Jeffrey D. Sweeney, Assistant Secretary
To verify the authenticity ofinis Power of Attorney ;,ou may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above
named individual(s) and details of rhe :xiui'uwhich the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino
Real, San Diego, CA 92130-2045 oroall (858) 350-2400.
F_
1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
<�'.C,C' �.:.vs �`t'.C`CtC."+•C"_"�s – – – ��f'�iK�-£"'�-c.X'–.el'.E�.cvoi�,Fi`i�.i�Y'a'P' — .6f�.fY��`K
State of California l
County of Los Angeles Jy
On /A Lot before me, Cesira L. Scarnici-Notary Public
Date Here Imert Name and Title of the OR'"
personally appeared Ryan Tash
Name(e) of Signer(s)
CESIRA L. SCARNICI
CommlaaIon # 1561247
Notcry RbVC - Couromlo
Mycomm Mar9r,2004
1919
Place Notary Seal Above
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 fficial seal.
Signature
gnetum of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Nat
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner —❑ Limited ❑ General
• El in Fact
Top OF Thumb here Top of Thumb here
LJ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0200WNational Notary Assodation• 9350 De Soto Ave., P.0.9ox 2402 -Chat orth, CA 913132402-w .NatlonalNotaryonj tem #5907 Reorder: Call Toll -Free 1-80M79A827
ACKNOWLEDGMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
State of California
County of 0A -A ,AGE } ss.
On JfovvrmY .5— 20oc, before me, JoNrrj 5- Hi+v-vY
Notary Public, personally appeared _7Hymnc_ [io`f 9 Loftlu I+Pt/&rz
who proved to me on the basis of satisfactory evidence to be the personA whose
name;A is/Ore subscribed to the within instrument and acknowledged to me that
he/�Pe/tJxy executed the same in his/ja r/ttir authorized capacity(Jes`), and that by
his/bcr/titer signaturesA on the instrument the person(4, or the entity upon behalf of
which the personA acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Sibfa6re
,, eP , )
..........................................•.............................r
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
Other
President / Vice -President / Secretary 1 Treasurer
Other:
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
_ v r 'MWPi t ,='.coin
JOHAN J. HARDY
COMM. #1812155 n
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY m
My Comm. Expires Sept. 05. 2012
,, eP , )
..........................................•.............................r
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
Other
President / Vice -President / Secretary 1 Treasurer
Other:
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
_ v r 'MWPi t ,='.coin
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Insurance Company of the West
IA—Wr flew o,00nt
AM.Baarp:.. lli11. FEINY: 02161
Address: P.O. Box 85563
San Diego, CA 92186-5563
Country Risk
Best's Ratings
Structured Finance
Financial Strength Ratings View Definitions
How t0 Get Rated
Rating: A. (Excellent)
Contact an Anal St I
AH'lllatnn Code: p (Pooled)
Y
Financial Size Category: IX ($250 Million to $500 Million)
Oullock: Stable
Action: Affirmed
Effective Dale- August 15, 2008
Phone: 858-350-2400
Fax 85&350-2792
Web: www_igwgroup.com
Cuter web Camera. sale,
has nits' moan oro a i Fir
oov�op' abo�o
om.,e oaia.Im�a io rm�rro::.
Issuer Credit Ratings View Definitions
Lang -Term: a-
Oullook: Stable
Aolian: Affirmed
Date: August 15, 2008
* Denotes Under Review Ratings. See rating definitions.
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• 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
%of
Total Bid
Name:
Bidder
Authorized Signature/Title
Address: 1 o 0oX 2�) Z
Co(i-on,Ci2l Rz32-4
[�
Phone: -760, ZL{-b, g7�•�-�
State License Number: g 43 70-7
Name: 0r V'IIe
4dlyt��S
Address: mt c; P.
or"ee, e Oct 7,86-7
5
I
Phone: I 1 Q9-7, Z-00'01
5'3 3 4q I
State License Number.
Name: Moo-0-Iil
Address:
Phone: C{l)-t I q T gCDS 0
-3&9 Ct `
State License Number: 1
TBC Contractors Corporation
nk
f
Bidder
Authorized Signature/Title
1
lee t
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)i
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
% of
Total Bid
Name:
c
Address:Y\ ,
{-& �
5GLX IP4 zri
Phone: 11+ Lf 7--7 0 foo
State License Number: -7 335,1 c)
Name:
Address: 1-7 T 3 11
�fNbG-WY�V�t CVS c(2"Phone:
-7 H . 5-n , 0515
State License Number: -7 5
Name: *D_\ DC J &_ (V44
Address: Z-700 �LAv-� S�� C(`
'
Phone: 6-&Z , C(ggr , 3goo
State License Number: (oZ4 500
TBC Contractors Corporation tV4 1
Bidder Authorized Signature/Title
6
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
% of
Total Bid
Name: Z u)n co
SI LL�e�
Address: `1T1 W ATrvv__ �
V J
tip q n l�b
5
qtM
Phone: JO_(.Q ` —` Li
State License Number: 3
Name:
Address
- t
X!
Phone.
State License Number.
Name:ee
Address: 5
`v_l
l-kuv~,t-t
� q
1 ictt�S ('Gw1�S
L-1}-
/n�
Phone: L4 --I �jLf Ifl
a_fJ
AI
State License Number: 3 Z_
TBC Contractors Corporation
Bidder Authorized Signature/Title
0 •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
%of
Total Bid
Name: �j j t L�111(� Gl l L
���t `
Tole�- lkecessones
Address 3�3 N
ktcA C(("
5
P&CA , � UV� S
1 Y
f
Phone: 81g Zq0 i & 2-7
State License Number: 2S9 Gq 72 +
Name: (;.(QT((.e_,
T1 e,
�"
Add ress:2bjlJZ r/ S. LJ�(Tck(vi
Phone:
State License Number. �� Z S 6
Name: VtkfA f loo n fl)
AddressAlsoku S
�lar�te�c�t
�yC%_
�—C1i2�{
D
Phone: Q cJ 6 CLOOt
`
State License Number: 334 � `Z
TBC Contractors Corporation (nW�
Bidder Authorized Signature/Title S
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
%of
Total Bid
Name: l6
}(yl C)
CCS L
Address: G� —1
Phone:
nj
State License Number: Sg 4l
ll 11
Name: lern�
Address: -7j Z. N - D�OIVFt�?1'
lO
tk-yI6 < IcAq k 1 jI(oc�
PhoneI0 Ip , p! 60 ZI (7
00
�
1f
State License Number:
Name: K!>wL�r
LO ,_ P(ctSi
Address: t��yvl �
5
` O
t014Z
`I
Phone: q5J -2-79,61960
�0 5,3 -7
State License Number:
TBC Contractors Corporation
Bidder Authorized Signature/Title
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
%of
Total Bid
Name: Pr t ZC ,,1l+c,, „p ��
F('+`6i �
n
11 YC�
Address: i O l`
toy- qZ's 6-1
Phone: Cr) t -7 -J� -I d
State License Number:
Name: Sj () �� 4
Address:
�6tt((S'Q'�(f!�,(l
1��nil O
/ /i't0"fL�
Phone: a'5 ( 365 oU
State License Number:L-
Name:2��}(�lp�
Address:
bnt (�(p(1n /V n1
V
Ii
�S c c� g2b�s
Phone:
State License Number: Zb 5 1 L
TBC Contractors Corporation
Bidder Authorized Signature/Title Cp
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Number
Description of Work
%of
Total Bid
Name: Ah
f pPf
Address:
Z1, O
Phone: 'M 1535100
State License Number: J5`A
Name: ?/ f e us C5
��J�U
Address: 15
Phone: q`51 f7a 2 b( z 3
State License Number. -1 No� f q I
Name:/, S [+J� (NA rESo t
�pu
Address
11ftl�
Phone: 160 LJ
_t`j]umber:
State License
TBC Contractors Corporation
Bidder
61i��
Au�hor�� iz�ed Si tur
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name: C Qth' af\`
Address: 32-95 f V`T\e_<*
mvca, Lo 106
Phone:, 4� 5
�5� $
5
State License Number: L 51 O Ll{ o
1
Name:
Address:
Phone:
State License Number:
Name:
Address:
Phone:
State License Number:
TBC Contractors Corporation Kyl- ; /C��
Bidder Authorized Sig ature/ itle
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
TBC Contractors Corporation
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 $15,000, provide the following information:
No. 1
Project Name/Number Forensic Biology Laboratory Remodel #8503
Project Description Remodel of Sheriff's Investigation Lab
Approximate Construction Dates: From 04/21/2008 To: 5/21/2008
Agency Name County of San Bernardino
Contact Person L
Herkelrath
Telephone ( ) 909.387. 3165
Original Contract Amount $ 108, 953Final Contract Amount $ 115,793
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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
VA
E
0
No. 2
Project Name/NumberPolice Department Air Conditioning Upgrade #08-132
Project Description HVAC Upgrade
Approximate Construction Dates: From
Agency Name
Contact Person
10/13/2008 To: 10/17/2008
City of Rialto
John Wheatley
Telephone ( ) 909-841.0285
Original Contract Amount $ 41, 667 Final Contract Amount $ 41,667
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
No. 3
Project Name/Number UCI :
Project Description
3rd Floor Renovation Social Science Lab #5100764
I classroom remodel
Approximate Construction Dates: From 07/07/2008
To: 09/09/2008
Agency Name The Regents of the University of California
Contact Person Kyoko Adachi Telephone (
) 949/824-9520
Original Contract Amount $ 103 , 678Final Contract Amount $ 116,817
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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
0
No. 4
Project Name/Number UCI
Medical Center S1
1]
Quarters 4999125
Project Description Underground Utilities for Modular Sleep Qtrs.
Approximate Construction Dates: From 07/14/2008 To: 09/14/2008
Agency Name The Regents of the University of California
Contact Person Jerry Wetsch Telephone ( ) 714-456-6511
Original Contract Amount $165, 90017inal Contract Amount $ 173,796
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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/NumberUCl: Renovate LARC Offices Rowland Hall #997440
Project Description Renovation of Offices @ UCI
Approximate Construction Dates: From 09/08/2008 To: 10/31/2008
Agency Name The Regents of the University of California
Contact Person
Dave Anderson
Telephone( ) 949.824.4846
Original Contract Amount $ 14 8 , 730Final Contract Amount $ 175,974
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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
2
No. X 7
ProjectName/NumberUCI: Relocate Academic Senate Berkeley Place #5108159
Project Description Renovation of Offices
Approximate Construction Dates: From 10/31/2008
Agency Name
Contact Person
12/16/2008
The Regents of the University of California
Kyoko Adachi
Telephone( ) 949.824.9520
Original Contract Amount $123, 199Final Contract Amount $ 129,410
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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.1+ 8
ProjectName/NumberUCI: Dean's Suite Berkeley Place North 1000 #5107957
Project Description Renovation of the Dean's St
Approximate Construction Dates: From 11/03/2008 To: 01/06/2009
Agency Name
Contact Person
The Regents of the University of California
David Hooks
Telephone ( ) 949-824.9328
Original Contract Amount $ 229, 750 Final Contract Amount $ 255,159
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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
9
•
No. 6
Project Name/Number Remodel 3200 Berkeley Place #5108008
Project Description Remodel of offices @ UCI
Approximate Construction Dates: From 09/08/2008 To: 10/10/2008
Agency Name
Contact Person
The Regents of the University of California
Dave Anderson
Telephone( ) 949.824.4846
Original Contract Amount $99, 662 Final Contract Amount $ 114,982
If final amount is different from original, please explain (change orders, extra work, etc.)
Owner Initiated Change Orders
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 shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
TBC Contractors Corporation
Bidder
10
qed S' natur itle
Thomas B. ope aver, President & CEO
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
NON -COLLUSION AFFIDAVIT
State of California )
ss.
County of Orange )
Thomas B. Copenhaver being first duly sworn, deposes and says that he or she is
President & CEO of TEC Contractors Corporation , the 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 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 that the foregoing is true
and correct.
TBC Contractors Corporation
Bidder Authorized Sign ture/Titl
Thomas B. Copenh ver, President & CEO
Subscribed and sworn to (or affirmed) before me on this day of 12009
by , personally known to me or proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before me.
[SEAL]
11
ec- f4-rtrka,
Notary Public
My Commission Expires:
•
ACKNOWLEDGMENT
State of California
County of CiEA-i-GI )
•
On jf7xSU rn.-`f 5 —1-cN:�i`t before me, cSzt -A „+ 5. ftt%Tyy CNUTYM-e po-C�LL`i
(insert name and title of the officer)
personally appeared /Nm Ws 6NK9 CoPew fhRJtIz-
who proved to me on the basis of satisfactory evidence to be the persona whose name(%] is/qf4
subscribed to the within instrument and acknowledged to me that he/sKe/tljefi executed the same in
his/t er/thefauthorized capacity, and that by his/hOht*r signatureWon the instrument the
personK. or the entity upon behalf of which the person -(o 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. JHANJ. HARDY
COMMCOMM. k1812155 W
m NOTARY PUBLIC -CALIFORNIA 1
LOS ANGELES COUNTY 10
l My Comm. Expires Sept. 05, 2012
Signature ------ (Seal)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
DESIGNATION OF SURETIES
Bidders name TBC Contractors Corporation
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):
e (GL & Auto) Aon Risk Services Philip Arzu
1901 Main St #300; Irvine, CA 92614
Insurance (Worker's Comp) State Fund 877.405.4545
Bonds (Bid/Perf/Pmt) Bond Services of CA, LLC Ryan Tash
900 Wilshire Blvd; Ste. 1400, LA, CA 90017
12
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name TBC Contractors Corporation
Record Last Five (5) Full Years
Current Year of Record
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.
Ii67
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2008
2007
2006
2005
2004
Total
2009
No. of contracts
0
15
27
48
37
50
177
Total dollar
Am
Conttractsracts (in
0
$1.216
$9.097
$8.772
$7.213
$4.315
$30.613
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
1
1
No. of lost
workday cases
involving
0
0
0
0
0
0
0
permanent
transfer to
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.
Ii67
• 0
Legal Business Name of Bidder TBC contractors Corporation
Business Address: 1241 N Lakeview Ave;Ste.K Anaheim, CA 92807
Business Tel. No.: 714. 693. 3993
State Contractor's License No. and
Classification: 641460 B
Title General Building Contractor
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 _ President/Secretary/CEO _
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
If bidder is an individual, name and signature of individual must be provided, and, if he
is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all
of the partners/joint ventures if submitted 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 notarized signatures of the corporation President or Vice
President or President and Secretary or Assistant Secretary, and the corporate seal.
Signatures of partners, join venturers, or corporation officers must be acknowledged
before a Notary Public, who must certify that such partners/joint venturers, or officers
are known to him or her to be such, and, in the case of a corporation, that such
corporation executed the instrument pursuant to its bylaws or a resolution of its Board
of Directors.
14
C�
ACKNOWLEDGMENT
State of California
County of Cm (, e
On SR�1U14tiY �' w9 before me, cS FtYi� K9Y Ci�iSJYtVL PU6L1c)
(insert name and title of the officer)
personally appeared rJuM6S hoz ID corvNrrryve,`
who proved to me on the basis of satisfactory evidence to be the person whose name is/�
subscribed to the within instrument and acknowledged to me that he/04/tl?4 executed the same in
his/lyef/tl3K authorized capacity,(4K, and that by his>6r/ter signatureW on the instrument the
personX or the entity upon behalf of which the person(s-racted, 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)
JOHAN J. HARDY
f
COMM. 61812155
W
V �
NOTARY PUBLIC -CALIFORNIA
-4
m
LOS ANGELES COUNTY
to
J
My Comm. Expires Sept. 05, 2012
4
(Seal)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
ACKNOWLEDGEMENT OF ADDENDA
Bidders name TBC Contractors Corporation
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No. Date Received Si to
1 12/29/08
15
0 . Page: 1 of 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO
DATE: 12/29/2008 BY:
Principa,rivil Engineer
TO: ALLPLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
PLAN SHEET NO. A101:
1. Delete C.M.U. Wall "N.I.C." notation as shown below. The lump sum price bid for Bid Item No. 5
"CYC Building" shall have included the costs of said walls completed in place. M
C.M.U. WALL 8" MIN. I v �^ u
FINISH GRADE,
io
(} 45 2„ —
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be
considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have included
full payment in my Proposal.
1130 ('c7��
Bidder's Name (Please Print)
�2 -1. o�
Date
u -S t ri I ija y fug, t -t
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
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:
Name of individual Contractor, Company or Corporation: TBC Contractors Corporation
Business Address: 1241 N. Lakeview Ave.,Ste.K Anaheim, CA 92807
Telephone and Fax Number: 714.693. 3993 & 714. 693. 3998
California State Contractor's License No. and Class: 641460 B
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 04/02/92 Expiration Date: 04/30/2010
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:
Thomas Copenhaver - President / Jeff Parrott - Project Manager
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:
Name Title Address Telephone
Corporation organized under the laws of the State of California
16
27160
Big Horn Mountain Way
Thomas B Copenhaver President/Secretary
Yorba
Linda CA 92887
714.692.1457
27160
Big Horn Mountain Way
Jamie P Copenhaver Vice President
Yorba
Linda. CA 92887
714.692.
1457
Corporation organized under the laws of the State of California
16
•
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
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;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
N/A
Have you ever failed to complete a project? If so, explain.
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 la Fompliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)?YO No
Are any claims or actions unresolved or outstanding? / No
17
If
Ifyes 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.
TBC Contractors Corporation
Bidder
Thomas B. Copenhaver
(Print name of Owner or President
of Corp ation/Company
az
AAorized �gn mure>�
omas op aver
President/CEO
Title
Date
01/05/2009
Subscribed and sworn to (or affirmed) before me on this day of
by , personally known to me or proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before me.
[SEAL]
IE
Notary Public
My Commission Expires:
2009
10
ACKNOWLEDGMENT
State of California
County of CJgFMIZ-Ic
0
On JP1rwt}r1-`; 24-301 before me, 3- 1llaDY CivDm(,%r Vu 6L1 )
(insert name and title of the officer)
personally appeared TNvmf-S 6u`f 9 6oFC7rJ Lhg\/ E"
who proved to me on the basis of satisfactory evidence to be the persona whose namex) is/are"
subscribed to the within instrument and acknowledged to me that he/500/tlwy executed the same in
his/>cs'r/tl & authorized ca pacity (i9sj and that by his/lief/tWr signature(.z�-on the instrument the
person(e,, or the entity upon behalf of which the person(M 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.JOHAN J. HARDY
of COMM. #181215`_
VNOTARY PUBLIC-CALIFCrINIA ...{
m ° LOS ANGELES COLN
OP'
My Comm. Expires Bepl-
Signature ^^ (Seal)
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
CONTRACT
THIS AGREEMENT, entered into this of 1 Baty oKM , 2009, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and TBC Contractors Corporation, a California
Corporation, hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
COMMUNITY YOUTH CENTER REHABILITATION
The work necessary for the completion of this contract consists of remodeling the
interior and exterior of the existing Community Youth Center building and
constructing site improvements such as entrance trellis, patio walls, concrete stairs,
landscaping, irrigation, parking lot pavement, striping, and other improvements
shown on the Contract Plans and in the Specifications.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the
following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's
Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond,
Labor and Materials Payment Bond, Permits, General Conditions, Standard Special
Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3959,
Standard Specifications for Public Works Construction (current adopted edition and all
supplements) and this Agreement, and all modifications and amendments thereto
(collectively the "Contract Documents"). The Contract Documents comprise the sole
agreement between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void. Any
amendments must be made in writing, and signed by both parties in the manner specified
in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of Eight Hundred Twenty Thousand, Seven
Hundred and 001100 Dollars ($820,700.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and city expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Government Code 900 et seq.).
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse
(949)644-3321
CONTRACTOR
TBC Contractors Corp.
1241 N. Lakeview Ave. #K
Anaheim, CA 92807
714-693-3993
714-693-3998 Fax
F. INSURANCE Without limiting Contractor's indemnification of City, andrip or to
commencement of work. Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, a policy or policies of liability insurance of
the type and amounts described below and in a form satisfactory to City.
1. Certificates of Insurance. Contractor shall provide original certificates of insurance
with original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
21
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in Contractor's bid.
2. Signature. A person authorized by the insurer to bind coverage on its behalf shall
sign certification of all required policies.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
4. Coverage Requirements.
a. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees.
Any notice of cancellation or non -renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non-payment of premium) prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
b. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less
than one million dollars ($1,000,000) combined single limit for each occurrence.
5. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
0
0 0
6. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
i. City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor;
or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its elected or appointed officers, officials, employees, agents
or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and/or primary
source of recovery as respects City, its elected or appointed officers, agents,
officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractor's operations or
services provided to the City. Any insurance or self-insurance maintained by
City, its officers, officials, employees and volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification/hold harmless
provision contained in this Contract.
vi. The insurer shall agree to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers for
losses arising from work performed by Contractor for City.
b) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
Timely Notice of Claims — Contractor shall give City prompt and timely notice of
any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
All of the executed documents referenced in this contract must be returned
within ten (10) working days after the date on the "Notification of Award," so that
the City may review and approve all insurance and bonds documentation.
23
0 0
7. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
8. Right to Stop Work for Non -Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and/or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
G. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
24
0
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
I. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
J. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
ATTEST:
CITY CLERK
APP OVED AS TO FORNj:
AA N C. HARP
Assistant City Attorney
3
TBC CONTRACTORS CORPORATION
By. r .-t
(Corporate Offi r)
Title: 44Al
Print Name: /-Wey5tC 1, is
(Finan ialOytcer)
Please note: Corporations must complete and sign both places above
even if each office is held by the same individual
25
Fax #:
0
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1/28/09
Dept./Contact Received From: Shauna
Date Completed: 1/28/09 Sent to: Shauna Oyler By: Jessica Scherer
Company/Person required to have certificate: TBC Contractors Corporation
GENERAL LIABILITY
A. INSURANCE COMPANY: Scottsdale Insurance Compan
B. AM BEST RATING (A: VII or greater): A+XV
C. ADMITTED Company (Must be California Admitted)
I1. AUTOMOBILE LIABILITY
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$1M Each Occ/$2M
Agg
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
(A Yes
❑ No
ADMITTED COMPANY (Must be California Admitted):
include): Is it included?
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
® Yes
❑ No
LIMITS (Must be $1M min. BI & PD and $500,000 UM):
City its officers, officials, employees and volunteers): Is it
What is limits provided?
included?
E.
G.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ Yes
® No
officers, officials, employees and volunteers): Is it included?
included): Is it included?
F.
H.
CAUTION! (Confirm that loss or liability of the named
❑ Yes
® No
Haulers only):
insured is not limited solely by their negligence) Does
Is it included? N/A
endorsement include "solely by negligence" wording?
❑ No
G.
I.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
notification of cancellation by certified mail, per Lauren Farley,
the City will accept the
endeavor wording.
I1. AUTOMOBILE LIABILITY
A.
INSURANCE COMPANY: Scottsdale Insurance Company
B.
AM BEST RATING (A: VII or greater) A+XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM):
$1,000,000
What is limits provided?
E.
ADDITIONAL INSURED WORDING TO INCLUDE (The City its
❑ Yes
❑ No
officers, officials, employees and volunteers): Is it included?
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A
❑ Yes
❑ No
G.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: State Compensation Insurance Fund
B. AM BEST RATING (A: VII or greater): Not Rated
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL: Additional insured forin CG 20 37 07 04 not attached.
COveFa Ee only shows nrimary not non-contributorv. WC: carrier not rated. Waiver of subrogation not included.
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
iK
•
U
U U
U
TBC
contractors corporation
Company Profile
TBC Contractors Corporation has been a leader in commercial building
construction for over 20 years. Projects include ground up buildings and all
types of facility and office improvements. Project specialties include healthcare,
manufacturing facilities, clean rooms, industrial, and commercial office
improvements.
Our reputation in the industry is outstanding. We place a high value on
successful long-term relationships with our clients. We are easy to work with,
yet attentive to quality and details. Our goal is to provide unparalleled service,
quality, timeliness, value, and professionalism to our clients.
Our professional management team is our greatest asset. Our team consists of
good communicators who listen and understands your needs, who focus on
craftsmanship, financial accuracy, and schedule control through meticulous
communication with all who are involved in the project.
Our Leader
Thomas B. Copenhaver, President & CEO
Tom has been the Chief Executive Officer at TBC Contractors for over 20 years.
He has a strong background in construction management as well as architectural
and engineering design. Tom did his undergraduate work at California State
University at Fullerton earning a Bachelor of Science degree in Engineering. He
went on to graduate from the University of California at Berkeley with a Master of
Science degree in Engineering. He is a State of California licensed Civil
Engineer. His project design background includes five years of managing major
projects with Brandow & Johnston Associates including the major structural
engineering design role for the Tom Bradley International Airport Terminal.
Tom combines excellent business leadership capabilities with excellent
construction management and design. His construction experience includes
major shell and core projects as well as all types of tenant improvements from
acute care hospital to major industrial facilities.
PERSONNEL PROFILE
JEFFREY PARROTT
Project Manager/ Superintendent
BACKGROUND: Jeff Parrott has over 15 years of experience in the
construction industry. He has managed all phases
of construction and exceeds in supervising and
coordinating each projects progress to comply with
schedule deadlines. He is responsible for
generating and implementing the construction
completion strategy, managing the construction
team, ensuring quality control and value
engineering.
EDUCATION: SADDLEBACK JUNIOR COLLEGE
Mission Viejo, California
California State General Contractors License
RECENT EXPERIENCE
PROJECT PRICE ENTERPRISES —AZUSA SELF STROAGE
EXPERIENCE: AZUSA, CA
A self -storage complex built from the ground up consisting
of seven (7) large storage buildings and a two story
managers office/apartment. The office managers
apartment was wood framed, while the rest of the storage
buildings were built from the ground up out of concrete
masonry unit (CUM). The project spans six acres of
previously undeveloped land.
HEWLETT PACKARD COMPANY
INTERMEDIATE ASSEMBLY AREA
SAN DIEGO, CALIFORNIA
Approximately 10,000 s.f. Class 10K clean room,
NOz, Oz, CDA, process piping, integrated column
systems with Unistrut pre -fabricated clean room
construction. Project also included an exterior
utility/equipment room constructed of tilt -up panels
and exposed river rock finish surface. All work
accomplished within existing manufacturing facility
under production and with adjacent Class 100K
clean rooms operational.
PERSONNEL PROFILE
JEFFREYPARROTT
Project Manager
Continued...
SCIENCE APPLICATIONS INTERNATIONAL CORP.
SAIT MANUFACTURING FACILITY
SAN DIEGO, CALIFORNIA
Approximately 30,000 s.f. mixed-use tenant
improvements including light manufacturing facility,
office areas, conference rooms, exterior ramp and
equipment pads, window wall re -work, thermotron
equipment rooms and move/installation of
thermotrons and lab testing areas.
SCIENCE APPLICATIONS INTERNATIONAL CORP.
RANCHO BERNARDO
65,000 sf — complete renovation of existing 2 story
building including administrative and executive
offices, light industrial assembly area, R & D labs,
x-ray room and skiff rooms
ENTERPRISE RENT -A -CAR
LAGUNA NIGUEL, CA
6500 s.f. building remodel and expansion. All new site
works, retaining walls, landscaping with 80,000 square foot
parking lot complete with hydraulic car lifts and car wash.
KENTUCKY FRIED CHICKEN
SAN MARCOS, CA
Demolished existing bank and parking lot. Build from the
ground up KFC restaurant with drive-thru, parking lot,
kitchen and dining area.
•
PERSONNEL PROFILE
JEFFREY PARROTT
Project Manager
Continued...
WESTERN BUSINESS CENTER
RIO VISTA TOWER
SAN DIEGO, CALIFORNIA
0
Complete build -out of entire Bch floor of high rise building
(Rio Vista Tower) in San Diego. Scope included central
mail/US Postal office, high-end executive offices,
conference rooms, kitchen, reception and lobby.
PIC-NSAVE
ANAHEIM, CA
Construct 22,000 square foot Pic -N -Save within retail strip
mall, including seismic upgrade in existing shell, complete
with loading docks, warehouse, storefront, exposed rigid
mechanical system ducting.
TRACK AUTO
TRACK AUTO ANAHEIM PLAZA
Convert and expand Convert and expand existing Pep
Boys to Track Auto. Double square footage and total
remodel. Work to be performed after-hours to maintain
fully functional facility during construction.
• Renato (Rey) Dabu
Superintendent
Work Experience
2000 — Present TBC Contractors Corporation
Position: Superintendent
Duties and responsibilities: Daily management and scheduling of trades, pulling
permits, leasing equipment, obtaining general labor, conducting safety meetings,
preparing and doing the final punch with client and maintain accurate records
(i.e. change orders, RFI's, punch list, submittals, warranties, as builts, etc.).
1996 —2000 Architectural Drawings & Remodeling Contractor
Position: Architectural Draftsman/Remodel Contractor
Duties and responsibilities: Provide blueprint as per owner request for room
addition, submit to City for approval and to obtain building permit for
construction, remodel kitchen, bathroom, upgrade main panel service for
electrical & rewiring, upgrade windows and perform other job related to
construction.
1994-1996 Majestic Home Health Agency
Newport Ave. Tustin, CA
Position: Medical Transcriber
Duties and responsibilities: Prepare patient chart and gather personal
information for each individual patient base on the nurses evaluation, and input
to computer, construct goal for each patient and submit to the DON for
correction and send to MD for signature and perform other related clerical work.
1989-1994 Bensinzon Construction
Eckhoff Ave. Orange, CA
Position: Carpenter/Architectural CAD Operator
Duties and responsibilities: Designing and drafting of Architectural working
drawings for building construction.
1985-1989 Tilbury Engineering
Delta, British Columbia CANADA
Position: Architectural Draftsman
Duties and responsibilities: Preparing of working drawings and as -built shop
drawings for interior and exterior finishes of the buildings, residential and
offices including drywall and demountable partition.
1982-1985 United Engineering and Technical Consultant
Vancouver, British Columbia CANADA
Position: Architectural Draftsman
Duties and responsibilities: Drafting of architectural drawing, incorporate
revisions as per supervisor noted.
1975-1982 ECCO-ASIA Engineering Corp.
Manila, Philippines
Position: Architectural Draftsman
Duties and responsibilities: Preparing architectural drawings, fabrication
drawing and incorporation of redlines per customer specifications.
Renato (Rey) Dabu • •
Superintendent
EDUCATION
1970-1975 National University
College of Architecture
Manila, Phils.
Associate in Architecture
1998-1999 Lincoln Adult Educational Center
Computer Aided Drafting
Auto CAD 14
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 3959 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ �� 000 Dollars
and
-9— Cents $ 00D
Per Lump Sum
2. Lump Sum Traffic Control
@ Dollars
and 000
Cents $
Per Lump Sum
3. Lump Sum Survey Services
@ ,2iJ�Ct Dollars
and 2� $00
Cents $
Per Lump Sum
0
0
PR2of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 20 L.F. Replace Existing 4" Sewer Lateral
Section
@ 00 Dollars
and �1UQ
Cents $ Z� $ �—I
Per Linear Foot
5. Lump Sum CYC Buildingq
@ J D D Dollars
"V
Cents $1-90900
Per Lump Sum
6. Lump Sum Relocate Existing and Install New
Irrigation System
@ (D ND Dollars
and Cents $ 16 Q0 b
��
Per Lump Sum
7. Lump Sum Install Landscaping
@ 33C�0 Dollars
and -500
Cents $
Per Lump Sum
8. Lump Sum 90 -Day Pant Establishment and
90 -Day Maintenance Period
@ �()o C)—Dollars
/ — and
le—
Cents $ ?,C00
Per Lump Sum
9. Lump Sum As -built Drawings
@ Five Thousand Dollars
and
Zero Cents $ 5.000.00
Per Stipulated Lump Sum
0
TOTAL PRICE IN WRITTEN WORDS
and --&� Cents
Additive Bid Item
PR3of3
�620�`Z Db , 00
Total Price (Figures)
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT
AND UNIT PRICE WRITTEN IN WORDS PRICE
TOTAL
PRICE
Al. Lump Sum Remove and Replace Existing
Exterior Glazing
36( 7LOo
@ Dollars
and
Cents
$ 36 7
Per Lump Sum
The award of Contract shall be made based on the total price submitted for bid items numbered
1 through 9. The City, at its discretion, may or may not include Additive Bid Item No. Al as a
part of the total contract.
01/05/2009
Date
714.693.3993 714.693.3998
Bidder's Telephone and Fax Numbers
641460 B
Bidder's License No(s).
and Classification(s)
Bidder's email address:
TBC Contractors Corporation
Bidder
Kidder's pput orize i nat p anal Tit e
Thomas B. open ar, Presiden & CEO
1241 N Lakeview Ave; Ste.K
Anaheim, CA 92807
Bidder's Address
tcopenhaver@tbccontractors.com
3-3
PUBLIC WORKS DEPARTMENT
3-3.2
INDEX
3-3.2.3
FOR
SECTION 4
SPECIAL PROVISIONS
4-1
COMMUNITY YOUTH CENTER REHABILITATION
4-1.3
Inspection Requirements
CONTRACT NO. 3959
Inspection and Testing
INTRODUCTION
UTILITIES
PART 1 ---GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2-6
WORK TO BE DONE
2-9
SURVEYING
2-9.3
Survey Service
2-9.6
Survey Monuments
SECTION 3
CHANGES IN WORK
3-3
EXTRA WORK
3-3.2
Payment
3-3.2.3
Markup
SECTION 4
CONTROL OF MATERIALS
4-1
MATERIALS AND WORKMANSHIP
4-1.3
Inspection Requirements
4-1.3.4
Inspection and Testing
SECTION 5
UTILITIES
5-1
LOCATION
5-2
PROTECTION
5-7
ADJUSTMENTS TO GRADE
5-8
SALVAGED MATERIALS
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
1
1
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
2
0 0
6-1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
4
6-2
PROSECUTION OF WORK
4
6-7
TIME OF COMPLETION
4
6-7.1
General
4
6-7.2
Working Days
4
6-7.4
Working Hours
5
6-9
LIQUIDATED DAMAGES
5
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
5
7-7
COOPERATION AND COLLATERAL WORK
6
7-8
PROJECT SITE MAINTENANCE
6
7-8.5
Temporary Light, Power and Water
6
7-8.5.1
Steel Plates
6
7-8.6
Water Pollution Control
6
7-8.6.1
Best Management Practices and Monitoring Program
6
7-10
PUBLIC CONVENIENCE AND SAFETY
7
7-10.1
Traffic and Access
7
7-10.2
Storage of Equipment and Materials in Public Streets
7
7-10.3
Street Closures, Detours, Barricades
8
7-10.4
Public Safety
8
7-10.4.1
Safety Orders
8
7-10.5
"No Parking" Signs
8
7-10.7
Notice to Residents and Temp Parking Permits
9
7-15
CONTRACTOR LICENSES
9
7-16
CONTRACTOR'S RECORDS/AS BUILT DRAWINGS
9
SECTION 9
MEASUREMENT AND PAYMENT
10
9-3
PAYMENT
10
9-3.1
General
10
9-3.2
Partial and Final Payment
11
PART 2 ---CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR AND RELATED MATERIALS
11
201-1
PORTLAND CEMENT CONCRETE
11
207-1.1.1.2
Concrete Specified by Class
11
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�J
SECTION 201-2 REINFORCEMENT FOR CONCRETE 12
201-2.2.1 Reinforcing Steel 12
201-7 NON -MASONRY GROUT 12
201-7.2 Quick Setting Grout 12
PART 3 ---CONSTRUCTION METHODS
SECTION 300
EARTHWORK
12
300-1
CLEARING AND GRUBBING
12
300-1.3
Removal and Disposal of Materials
12
300-1.3.1
General
12
300-1.3.2
Requirements
12
300-1.5
Solid Waste Diversion
13
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
13
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS 13
303-5.1
Requirements
13
303-5.1.1
General
13
303-5.4
Joints
13
303-5.4.1
General
13
303-5.5
Finishing
13
303-5.5.1
General
13
F:\Users\PBW\Shared\Contracts\FY 08-09\CYC REHAB C-3959\SPECS INDEX C-3959.doc
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• SP 1 OF 13
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
COMMUNITY YOUTH CENTER REHABILITATION
CONTRACT NO. 3959
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. B -5204-S); (3) the City's
Standard Special Provisions and Standard Drawings for Public Works Construction,
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2003 Edition), including supplements. Copies of the Standard Special
Provisions and Standard Drawings may be purchased at the Public Works Department.
Copies of the Standard Specifications may be purchased from Building News, Inc.,
1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970.
The Building Plans and Specifications may be purchased directly from Mr. Frank
Arevalo, Manager of Reliable Graphics of Costa Mesa (RG), CA. RG will accept and
process orders received via email or fax only. RG's email address is
RGG(a)reliablegraphics.com. Their fax number is (714) 445-0008. It is the City's
understanding that each Building Plans and Specifications set costs approximately
$100.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2 ---SCOPE AND CONTROL OF THE WORK
2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion
of this contract consists of remodeling the interior and exterior of the existing
Community Youth Center building and constructing site improvements such as entrance
trellis, patio walls, concrete stairs, landscaping, irrigation and other improvements
shown on the Contract Plans and in the Specifications."
• SP2OF13
2-9 SURVEYING
2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed
Land Surveyor shall utilizelfollow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements. The design surveyor for this project is Bush & Associates of Irvine and
can be contacted at 949-752-1888. At a minimum, two (2) sets of cut -sheets for all
areas shall be included in the bid price and copies of each set shall be provided to City
48 -hours in advance of any work.
2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work,
inspect the project for existing survey monuments and then schedule a meeting with the
City Surveyor to walk the project to review the survey monuments. The Contractor shall
protect all survey monuments during construction operations. In the event that existing
survey monuments are removed or otherwise disturbed during the course of work, the
Contractor shall restore the affected survey monuments at his sole expense. The
Contractor's Licensed Surveyor shall file the required Record of Survey or Corner
Records with the County of Orange upon monument restoration.
SECTION 3 ---CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 20
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
• SP 3 OF 13
SECTION 4 ---CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer 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 5 ---UTILITIES
5-1 LOCATION. Add the following after the 3rd paragraph: "upon one week of
completion of the work or phase of work, the Contractor shall remove all USA utility
markings."
5-2 PROTECTION. Add the following: "In the event that an existing pull or meter
box or cover not scheduled as a part of the contract is damaged by the Work and is not
re -useable, the Contractor shall provide and install a new pull or meter box or cover of
identical type and size at no additional cost to the City."
5-7 ADJUSTMENTS TO GRADE. Where applicable, the Contractor shall adjust or
replace to finish grade City -owned water meter boxes, water valve covers, sewer
manholes, sewer cleanouts and survey monuments.
The Contractor shall contact Southern California Edison, The Gas Company, AT&T,
cable television, and other utility facilities to have their respective existing utilities
adjusted to finish grade. The Contractor shall timely coordinate with each utility
company for the adjustment of their facilities so as not to cause a delay in project
schedule.
5-8 SALVAGED MATERIALS. Where applicable, the Contractor shall salvage all
existing sewer/storm drain manhole (including grade rings), meter or valve box covers.
The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be
delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make
arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities
Operations Manager, at (949) 718-3402.
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• SP4OF13
SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6-7, shall commence on the
date of the 'Notice to Proceed.'
The Contractor shall submit a construction schedule and a traffic control plan to the
Engineer for approval a minimum of five working days prior to pre -construction meeting.
The Schedule may be bar chart or CPM style.
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 Engineer will review the 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 schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved 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."
6-2 PROSECUTION OF WORK. Add to this section: "The Contractor shall make
every effort not to impact the nearby school's operations such as student drop-offs and
pick-ups on school days."
6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: "The Contractor shall complete all construction
work, excluding plant establishment and maintenance, under the Contract within
seventy-five (75) consecutive working days after the date on the Notice to Proceed,
excluding a 90 -day Plant Establishment Period followed by a 90 -day Plant Maintenance
Period. Work during non -working days will not be counted against the seventy-five (75)
working days allotment.
The Contractor shall ensure the availability of all materials prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January lac
the third Monday in January (Martin Luther King Day), the third Monday in February
(President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in
September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday
in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half
day), December 25th (Christmas), and December 31" (New Year's Eve — half day). If
• • SP 5 OF 13
January 1st, July 4th, November 11th or December 25th falls on a Sunday, the
following Monday is a holiday."
6-7.4 Working Hours. Normal working hours are limited to 7AM to 6PM, Monday
through Friday. However, since the building will be closed to the public during
construction, the Contractor with prior authorization from the Engineer may continue
work inside the building during non -working hours, including weekends. The cost of
conducting work during non -working hours shall be borne by the Contractor and no
additional compensation shall be made.
If the work is progressing ahead of schedule, the Engineer could consider exempting
the Contractor from paying the after -hour supplemental inspection fees at the rate of
$123.00 per hour when inspection is required for after -hour work.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the time specified in Section 6-7-1 for completion of the work, the
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$1,000.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $1,000 per 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 the public using the Center."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-5 PERMITS. Replace this section with "The project is deemed 'permit -ready' by the
City's Building Department (Plan Check No. 1770-2008). The Contractor shall obtain
building permits from the Building Department prior to starting work. City of Newport
Beach Building Department permit and inspection fees will be waived."
7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will
perform all shut downs of water facilities as required. The Contractor shall give the City
seven calendar days notice of the time he desires the shut down of facilities to take
place.
• 0 SP 6 OF 13
A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00
PM or a six -hour shut down between the hours of 11:00 PM to 5:00 AM. will be allowed.
The Contractor will be responsible for completing all water connections within the time
period allowed. The times and dates of any utility to be shut down must be coordinated
with the City of Newport Beach, Utilities Department. The City must approve any
nighttime work in advance.
Where required by the Contract Documents, all Contractor provided water meter and
valve boxes shall be new units. Existing water meter or valve box frames and covers
shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to
the City's Utilities Yard at 949 West 16th Street. The Contractor shall make
arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities
Operation Manager, at (949) 718-3402."
7-8 PROJECT SITE MAINTENANCE
7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc."
7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching
shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized
on arterial highways shall be pinned and recessed flush with existing pavement
surface."
7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including
all water used during sawcutting operations, containing mud, silt or other deleterious
material due to the construction of this project shall be treated by filtration or retention in
settling basin(s) sufficient to prevent such material from migrating into any catch basin,
Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the
Construction Runoff Guidance Manual which is available for review at the Public Works
Department or can be found on the City's website at http://www.city.newport-
beach. ca. us/pubworks/links. htm."
7-8.6.1 Best Management Practices and Monitoring Program. 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.
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• SP7OF13
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 of Newport
Beach 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 back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accordance with Section 7-10 of the Standard
Specifications and the Work Area Traffic Control Handbook (WATCH), also published
by Building News, Inc.
The Contractor shall cooperate with the Engineer to provide advance notice to the
nearby residents and the adjacent elementary school whose access will be impacted by
construction operations. The existing parking lot is used by parents to drop-off and
pick-up their children attending the adjacent elementary school. The contractor shall
implement traffic control measures that will allow for meaningful work progress and at
the same time provide safe access for the students and parents. By submitting a bid,
the Contractor has visited the site during a regular school day; has observed the extent
of traffic expected on the parking lot; has included the potential work intereference into
the his work schedule; and has incorporated the cost of traffic control measures into the
bid.
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbon, and any other measures deemed necessary by the Engineer to safely direct the
public around areas of construction. Such measures shall be shown on the Detailed
Traffic Control Plans (see Section 7-10.3)."
7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in streets, roads, or sidewalk areas if approved by the Engineer. 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
• • SP8OF13
Engineer may require new base and pavement if the pavement condition has been
compromised during construction."
7-10.3 Street Closures, Detours and Barricades. Add to this section: "The
Contractor shall submit to the Engineer a traffic control plan at least five working days
prior to the pre -construction meeting. The Contractor shall be responsible for
processing and obtaining approval of a traffic control plans from the City Traffic
Engineer. The Contractor shall adhere to the conditions of the traffic control plan. The
traffic control plan shall be prepared by a California licensed Traffic Engineer and
conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK
(W.A.T.C.H), Latest Edition. The traffic control and detour plans shall meet the following
requirements:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
7-10.4 Safety
7-10.4-1 Safety Orders. Add to this section: "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, and 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."
7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty-eight hours in advance of the need for enforcement.
The signs will be provided at no cost to the Contractor. However, the City reserves the
right to charge $1.50 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644-3717 for verification of posting at least forty-eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be
City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the
Public Works Department public counter.
SP 9 OF 13
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7-10.7 Notices to Residents. Ten working days prior to starting work, the
Contractor shall deliver a construction notice to residents within 500 feet of the project,
describing the project and indicating the limits of construction. The City will provide the
notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notice when construction operations will start, what
disruptions may occur, and approximately when construction will be complete. The
Contractor shall insert the applicable dates and times at the time the notices are
distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a valid Class -B California State Contractor's
License. At the start of work and until completion of work, the Contractor and all Sub-
contractors shall possess a Business License issued by the City of Newport Beach.
7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted.
The "As -Built" plans and their electronic AutoCAD files on CDs shall be submitted and
approved by the Engineer prior to final payment or release of any bonds.
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.
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.
• SP 10 OF 13
SECTION 9 ---MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid
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 providing bonds;
insurance and financing; establishing a field office; preparing the SWPPP or BMP Plan
construction schedule, and Schedule of Values; and all other related work as required
by the Contract Documents. The Schedule of Values shall be itemized to clearly show
the value of each work trade and each work task or group of work tasks valued at
$10,000 or more each.
Item No. 2 Traffic Control: Work under this Item shall include delivering all
required notifications, post signs and all costs incurred notifying residents and the
nearby elementary school. In addition, this item includes preparing traffic control plans
prepared and signed by a California licensed traffic engineer, and providing the traffic
control required by the project including, but not limited to, signs, cones, barricades,
flagpersons and other arrangements that might be required to provide traffic control
within the parking lot for the safe and efficient drop-off and pick-up of students on
school days. This item includes furnishing all labor, tools, equipment and materials
necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport
Beach Requirements.
Item No. 3 Survey Services: Work under this Item shall include all surveying work
required for the removal and construction of improvements shown in the Contract
Documents, the restoration of impacted survey monuments, and the filing of required of
records with the County Surveyor.
Item No. 4 Replace Existing 4" Sewer Lateral Section: Work under this Item shall
include all materials, tools, equipment, and labor to complete all work necessary to
locate; pothole; excavate; shoring as required, remove and dispose of existing; install
and connect new 4" ABS sewer lateral; and backfill and compaction as required for the
existing sewer lateral below the new exterior staircase footprint.
Item No. 5 CYC Building: Work under this Item shall include all materials, tools,
equipment, and labor to complete all work shown on the (A)rchitectural, (S)tructural,
(M)echanical, (P)lumbing, and (E)lectrical Plans and Specifications. Additionally, the
cost of work items required to complete the work but not shown on the Contract
Documents such as air -balancing, flow tests, etc. The cost to remove and replace
SP 11 OF 13
existing exterior glazing shall not be included in this bid item (see Additive Bid Item No.
Al).
Item No. 6 Relocate Existing and Install New Irrigation System: Work under this
Item shall include all materials, tools, equipment, and labor for relocating interferring
existing system and installing new irrigation system and all other work items as required
to complete the work in place as shown on the Irrigation Plans and Specifications.
Item No. 7 Install Landscaping: Work under this Item shall include all materials,
tools, equipment, and labor for weed kill, soil preparation, soil amendments, installing
trees, turf, shrubs, and ground covers, and all other work items as required to complete
the work in place as shown on the Landscaping Plans and Specifications.
Item No. 8 90 -Day Plant Establishment and 90 -Day Plant Maintenance: Work under
this Item shall include all materials, tools, equipment, and labor for plant establishment
and maintenance per the Plans and Specifications.
Item No. 9 As -built Drawings: Work under this Item shall include all materials, tools,
equipment, and labor to produce and submit one (1) set of mylars and one (1) copy of
as -built plans in AutoCADD format on CD to the Engineer. Retention payment will not
be released to the Contractor until this work task has been completed.
Additive Item No. Al Remove and Replace Existing Exterior Glazing: Work under
this Item shall include all materials, tools, equipment, and labor to remove and dispose
of the existing exterior glazing and replace with aluminum storefront. Additionally, the
cost of work items required to complete the work but not shown on the Contract
Documents such as air -balancing, flow tests, etc.
9-3.2 Partial and Final Payment. Add to this section: "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 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement
concrete for construction shall be Class 560-C-3250."
201-2 REINFORCEMENT FOR CONCRETE
201-2.2.1 Reinforcing Steel. Add to this section: `Reinforcing steel shall be
Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown
otherwise on the plans."
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SP 12 OF 13
201-7 NON -MASONRY GROUT
201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the
area between an existing reinforced concrete structure and the new storm drain pipe
with a quick setting grout."
SECTION 215 --- CONCRETE PRODUCTS
215-1 TRASH RECEPTACLE
Trash receptacles shall be 40 -gallon pre -cast concrete units Model Classic QR-
CLS3031 W with Model "P" custom size lid as manufactured by Quickcrete Products,
Inc. (909) 737-6240. No other products will be accepted.
PART 3
CONSTRUCTION METHODS
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: "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 provided upon request or be found on the City's website at:
http://www.city.newport-beach.ca.us/GSV/Frachised Haulers.htm."
300-1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300-1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday. All areas of roadway removal and replacement shall have a
minimum trench width of 3 -feet to facilitate maximum compaction.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words "1-'Y2 inch" of the last sentence
with the words "two (2) inches".
i •
SP 13 OF 13
300-1.5 Solid Waste Diversion. 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 on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall
be opened to pedestrian access on the day following concrete placement. In addition,
all forms shall be removed, irrigation systems shall be repaired, and backfill or
patchback shall be placed within 72 hours following concrete placement. Newly poured
P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until
the concrete has cured to a minimum strength of 3,000 psi."
303-5.4 Joints
303-5.4.1 General. Add to this section: "The Contractor shall make a sawcut
parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire
length of the alley. The Contractor may also sawcut the property lines, adjacent to the
alley, in lieu of scoring the pavement along the property lines or constructing an edged
cold joint. All sawcuts shall be made to a depth of 2 inches."
303-5.5 Finishing
303-5.5.1 General. Add to this section: 'The Contractor shall patch back A.C.,
P.C.C. and brick within private property at locations shown on the plans in a manner
that matches the adjoining existing private property in structural section, texture and
color."
The Contractor shall fully comply with the ARCHITECT'S TECHNICAL
SPECIFICATIONS under separate cover which augment, but are not referenced
to, sections of the Standard Specifications for Public Works Construction.
� P0 CIW OF NEWPORT BIPiCH
TBC CONTRACTORS CORP
1241 N LAKEVIEW AVE #K
ANAHEIM, CA
92807
INSTRUCTIONS AND CONDITIONS
ACCOUNT NUMBER: BT30026417
EXPIRATION DATE: 01/31/2010
Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the
named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown.
Please notify the Revenue Division immediately if any of the information on the certificate changes.
This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a
permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate.
This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other
agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates
are not transferable to any other party or person and are not pro -rated. Refunds are not provided once the certificate has been issued.
Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership
(i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and
payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or
additional locations of the same business are established (Municipal Code sections 5.04 through 5.08).
For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record.
Non -receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a
maximum of 100% of the base tax..
The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 644-3141; e-mail us
at: RevenueHelpacity.newport-beach.ca.us, or visit us on the internet at www.citynewport-beach.ca.us and view the Municipal Code on-line.
DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED
THIS TAX PAYMENT EXPIRES:
SERVICE ADDRESS:
TBC CONTRACTORS CORP
1241 N LAKEVIEW AVE #K
ANAHEIM CA 92807
BUSINESS CATEGORY:
GENERAL CONTRACTOR
CITY OF NEWPORT BEACH
BUSINESS TAX CERTIFICATE
01/31/2010 ACCOUNT NUMBER: BT30026417
SELLERS PERMIT: NO SELLERS PERMIT
OWNER/PRINCIPAL NAME:
COPENHAVER, THOMAS
OWNERSHIP TYPE:
CORPORATION
TAX INCLUDES PAYMENT FOR:
0.00 EMPLOYEES
DATE OFISSUE: 01/09/2009
PRINT DATE: 01/15/2009
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California Business Search • Page 1 of 1
i�
DISCLAIMER: The information displayed here is current as of JAN 02, 2009 and is updated
weekly. It is not a complete or certified record of the Corporation.
Corporation
TBC CONTRACTORS CORPORATION
Number: C1804132
Date Filed: 11/14/1991
Status: active
Jurisdiction: California
Address
1241 N LAKEVIEW ST K
ANAHEIM, CA 92807
Agent for Service of Process
THOMAS B COPENHAVER
27160 BIG HORN MTN
YORBA LINDA, CA 92887
Blank fields indicate the information is not contained in the computer file.
If the status of the corporation is "Surrender", the agent for service of process is automatically
revoked. Please refer to California Corporations Code Section 2114 for information relating to
service upon corporations that have surrendered.
http://kepler.ss.ca.gov/corpdata/ShowAilList?QueryCorpNumber=Cl 804132&pri... 01/06/2009
• /0()- TNNMY MY C
rm ne acwon
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
iAia C 7 9'.' r., q
Agenda Item No. 9
January 27, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Fong Tse, Principal Civil Engineer
949-644-3321 orftse@city.newport-beach.ca.us
SUBJECT: Community Youth Center Rehabilitation -Award of Contract No. 3959
Recommendations:
1. Approve the project plans and specifications.
2. Award Contract No. 3959 to TBC Contractors Corporation for the Total Bid Price
of $820,700 and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $122,300 (15% of Total Bid) to cover the cost of
unforeseen work.
Discussion:
At 11:00 a.m. on January 6, 2009 the City Clerk opened and read the following bids for
this project:
Corrected Bid Amount is $948,922.00
BIDDER
TOTAL BID AMOUNT
Low
TBC Contractors Corporation
$820,700.00
2
MJ Contractors, Inc.
$842,500.00
3
Paul C. Miller Construction Company, Inc.
$915,850.00
4
Nile Advanced Construction, Inc.
$948,500.00'
5
Metro Builders & Engineers Group Ltd.
$957,607.00
6
Tek -Up Construction, Inc.
$1,086,000.00
7
States Link Construction, Inc.
$1,088,413.00
8
Horizons Construction Company, Int'I Inc.
Non-responsive
Corrected Bid Amount is $948,922.00
Community Youth Center Rehabilitation - Award of Contract No. 3959
January 27, 2009
Page: 2
The low total bid amount is seventeen percent above the Engineer's Estimate of $700,000.
The difference between the engineer's estimate and the low bid amount was unexpected.
Staff expected the cost of building construction to be more favorable as compared to the
past. The low bidder, TBC Contractors Corporation (TBC), possesses a California State
Contractors License Classification "B" as required by the project specifications. A check of
the Contractors references indicates they have satisfactorily completed building projects
for other local public agencies.
The existing Community Youth Center (CYC) poses challenges for staff to
accommodate the different classes and activities held at the facility as the building's
`open space" design allows sound spillage across activity rooms. It also lacks adequate
storage space for users, reception and office space for staff, and restroom capacity.
This rehabilitation project will not only remedy existing functionality issues, but will also
enlarge the existing patios; reconstruct restrooms, lobby, and office/lounge areas;
construct new entrance walk, trellis and signage; construct new exterior staircase as a
secondary exit per building code; update the electrical, plumbing, mechanical, and
roofing systems; and install new landscaping and irrigation surrounding the building.
Pursuant to the Contract Specifications, TBC will have seventy-five consecutive working
days to complete the construction, followed by a 180 -day plant establishment and
maintenance period. Since some OASIS users are expected to use the CYC building
while the new OASIS building is under construction, the contract allows TBC to work
after-hours to expedite work completion. Liquidated damages in the amount of $1,000
per calendar day will be assessed if TBC fails to complete the building construction
within the allotted time.
As with many building rehabilitation projects where hidden conditions not identified
during design through visual inspections often require costly corrective work, staff thinks
that a fifteen percent construction contingency is appropriate.
The parking lot reconstruction project, if awarded, will be under separate contract.
Environmental Review:
The project was determined to be exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA
Implementation Guidelines. This Exemption covers the replacement or reconstruction
of existing structures and facilities where the new structure will be located on the same
site as the structure replaced and will have substantially the same purpose and capacity
as the structure replaced.
Public Notice:
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications. Prior to starting work two City prepared notices are
• Community Youth Center ARM —Award of Contract No. 3959
January 27, 2009
Page: 3
distributed by the contractor to both residents and the nearby elementary school. The
first notice will be distributed ten days before work and the second notice 48 hours prior
to starting work.
Other Costs:
In addition to the contract costs, $2,000 is included for printing and other incidentals.
Surveying, geotechnical engineering, and consultant inspection services are not
required for this project.
Funding Availability:
There are sufficient funds available in the following account(s) for the project:
Account Description
General Fund
Building Excise Tax
Proposed uses are as follows:
Account Number Amount
7011-C4120806 $ 942,100.00
7271-C4120806 $ 2,900.00
Total: $ 945,000.00
Vendor Purpose Amount
TBC Contractors Corporation Construction Contract $ 820,700.00
TBC Contractors Corporation Construction Contingency $ 122,300.00
Various Printing and Incidentals $ 2,000.00
Total: $ 945,000.00
PrinopA Civil Engineer
Submitted b .
(-a./Stephen G. Badum
Public Works Director
Attachments: Project Location Map
aura Detweiler
Recreation & Sr. Services Director
GRANT HOWALD PARK
PROJECT
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LOCATION MAP
NOT TO SCALE
CYC (COMMUNITY YOUTH CENTER) REHABILITATION
3000 FIFTH AVENUE, CORONA DEL MAR
C-3959