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HomeMy WebLinkAboutC-2349 - Newport Beach Theatre Arts Center� SEW PpQ'� n C, F0 v—'xw CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK 640 -2251 Mayor Evelyn R. Hart Mayor Pro Tern February 21, 1984 Philip R. Maurer Council Members Bill Agee John C. Cox Jr. Warvi Construction, Inc. Jackie Heather 15931 Chemical Lane, Unit C Ruthelyn Plummer Huntington Beach, CA 92649 Donald A. Strauss Subject: Surety: Carlisle Insurance Co. Bonds No.: 05616 Project: Improvements @ Theatre Arts Center Contract No.: C -2349 The City Council on January 9, 1984 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded with the Orange County Recorder on January 19, 1984, Reference No. 84- 026207. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Please return to: City Clerk City of Newport Beach 3300 Newport Blvd. PSI Box 76 LA 92663 -3884 No r1 f IFURO PXFMPT � — ornnnnlBnl Code 6163 ... NOTICE, OF COMPLETi ©N PUBLIC WORKS 84- 026207 it f RECORDED IN OFFICIAL RECORDS OF A4119 COUNTY. CALIFORNIA .Voo PM JAN 1984 GEf;A. BRANCH, County Recordet 1 o All Laborers and Material Men and to Every Other Person Interested: YOLI WILL PLEASE TAKE NOTICE that on January 9, 1984 _ the Public Works project consisting of Improvements at the Theatre Arts Center (C_2349) on which Warvi Construction, Inc., 15931 Chemical Lane Unit C Huntington Beach, CA 92649 was the contractor, and Carlisle Insurance Co. 1900 E. La Palma Ste 113, Anaheim, CA 92805 was the surety, was completed. VERIFICATION I, the undersigned, say: CIT}f OF' NEWPORT BFAACC,H 4 qL LjYL � f KpYI ublic Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 13, 1984 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on January 9, 1984 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 13, 1984 at Newport Beach, California. i 0 a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640-2251 January 13, 1984 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of Improvements at the Theatre Arts Center, Contract No. 2349 on which Warvi Construction, Inc. was the Contractor and Carlisle Insurance Co. was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen CITY CLERK FIW9i>E9 Attachment (1) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 BY THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 0 91984 TO: CITY COUNCIL APPROVED 0 January 9, 1984 CITY COUNCIL AGENDA ITEM NO. - — 13 FROM: Public Works Department and Parks, Beaches and Recreation Department SUBJECT: ACCEPTANCE OF IMPROVEMENTS AT THE THEATRE ARTS CENTER (C -2349) RECOMMENDATIONS: 1. Accept the work. 2. Grant an extension of time of 65 calendar days and waive any liquidated damages. 3. Authorize the City Clerk to file a Notice of Completion. 4. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for improvements at the Theatre Arts Center has been substantially completed to the satisfaction of the Public Works Department and the Parks, Beaches and Recreation Department. The bid price was $109,883.00 Amount of change orders 20,286.83 Total contract cost $130,169.83 Funds were budgeted in the Park and Recreation Fund. Two change orders were issued. The first, in the amount of $16,549.36, provided for relocating electrical circuits, installing extra lighting fixtures and exhaust fans; rebuilding and recarpeting the audience seating platform; and reconstructing curb, gutter and pavement. The second, in the amount of $3,737.47, provided for additional asphalt pavement replacement, additional paneling, and the incremental cost of fabricating special bathroom lighting fixtures. The project was designed by Ron Yeo, FAIA, of Corona del Mar. The contractor is Warvi Construction, Inc., of Huntington Beach. The original contract date of completion was October 12, 1983. The work was substantially completed on December 16, 1983. Recommendation that an extension of time be granted and that liqui- dated damages be waived is based on the following reasons: 0 0 January 9, 1984 Subject: Acceptance of Improvements at the Theatre Arts Center (C -2349) Page 2 1. Extra work increased the working period. 2. The original contract period was not realistic. 3. A number of delays were caused by failure of suppliers to deliver specified specialty items on schedule. 4. Some time was lost due to rain. Contract work included construction of a new lobby and two public restrooms; an entry and admission patio; a new kitchen entrance; relocation of a lighted sign; and providing a permanent location for the John Wayne sculpture. Additional work done by the Theatre Arts volunteers and City crews outside the contract include installing new theatre lighting, and landscaping. The project expenditures to date are as follows: Appropriation in 1982 -83 budget $175,000.00 Design & Supervision $ 21,160.00 Contractor (Warvi Construction, Inc.) 130,169.83 Lighting Supplies 16,427.42 Total Expenditures to Date $167,757.25 Balance Available for Landscaping, Etc. $ 7,242.75 Benjamin B. Nolan Public Works Director KLP: jd Ronald A. Whitley Parks, Beaches and Recreation Director 9 CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: June 22, 1983 SUBJECT: Contract No. C -2349 Description of Contract Improvements at the Theatre Arts Center Effective date of Contract June 22, 1983 Authorized by Minute Action, approved on June 13, 1983 Contract with Warvi Construction, Inc. Address 15931 Chemical Lane, Unit C Huntington Beach, CA 92649 Amount of Contract $109,883.00 kawla& Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach • 0 June 22, 1983 TO: CITY CLERK FROM: Public Works Department SUBJECT: IMPROVEMENTS AT THE THEATRE ARTS CENTER, C -2349 Attached are the subject contract documents, including insurance certificates. Please have them executed as soon as possible, retain your copy and return the others to this department. Also, please notify the Purchasing Agent that these documents have been executed as soon as possible. Kenneth L. Perry Project Engineer KLP:jd Att. • NOTICE INVITING BIDS Sealed bids may be receive&-at the office of the City Clerk, 3300 Newport Boulevard, Ne't t Beach, CA 92663 until 10:30 A.M. on the 18th day of Ma 1983, at which time such bids shall be opened and read for IMP NTS AT THE THEATRE ARTS CENTER Title of Project 2349 Contract No. $125,000 Engineer's Estimate \\. \ \ d!( cq��FO�N�P Approved by the City Council this 11th day of April , 1983 eaa/C Q�iyL Wanda E. Andersen City Clerk CITY CLERK Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Kenneth L. Perry at 640 -2281. Project Engineer • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • Page 1.1 IMPROVEMENTS AT THE THEATRE ARTS CENTER CONTRACT NO. 2349 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen The undersigned declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2349 in accordance wtih the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION LUMP SUM NO PRICE BID WRITTEN IN WORDS PRICE BASE BID ITEM Lump Sum Construct addition to building, for the lump sum price of: One hundred seven thousand six hundred seventy -seven Dollars and No Cents $107,677.00 ADDITIVE BID ITEMS 2. Lump Sum Construct new sewer lateral in basement; and reconnect existing basement plumbing fixtures, for the lump sum price of: One thousand eight hundred forty -five Dollars and No Cents $ 1,845.00 3. Lump Sum Relocate existing theatre sign to rear of building, including recon- nection of electrical circuit, for the lump sum price of: Nine hundred twenty Dollars and No Cents $_ 920.00 0 ITEM QUANTITY DESCRIPTION LU NO. BID PRICE WRITTEN IN WORDS PRICE 4. Lump Sum Furnish and install building identifi- cation letters and numbers on front fascia, for the lump sum price of: Page 1.2 One thousand two hundred eighty -six Dollars and No Cents $ 1,286.00 TOTAL PRICE FOR BASE BID WRITTEN IN WORDS: (ITEM NO. 1 ONLY) One hundred seven thousand six hundred seventy -seven Dollars and No Cents $ 107,677.00 WARVI CONSTRUCTION, INC. License #336713 B -1 Bidder Contractor's License No. & Classification (714 895 -4544 Bidder's elephone Number u.. : S /Wesley J. Warvi, President Authorized Signature /Title 15931 Chemical Lane, Unit C, Huntington Beach Bidders Address CA 92649 • 0 Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy 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 or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. 336713 B -1 Contr's Lic. No. & Classification _ May 18, 1983 Date WARVI CONSTRUCTION, INC. Bidder S /Wesley J. Warvi Authorized Signature /Title 0 ` Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer -and as provided by State law. Item of Work 1. Plumbing 2. Toilet Partitions 3. Roofing Subcontractor Mulligan Plumbin Cal- Met -Par Western Roofi Address 13312 Springdale, Westminster 8107 -A Paramount Blvd, Pico Rivera 7941 Ronald Dr., Huntington Beach 4. Stucco Solvey's Plastering 12304 191st St., Artesia 5. Electrical Trani - Electrical 5462.Bu n Huntington ach 6. Glass Arco Glass 10960 Talbert Avenue Fountain Valley 7. Carpeting Boos Floor Covering 15709 Bellflower Blvd Bellflower 8. 9. 10. 11. 12. WARVI CONSTRUCTION. INC. Bidder S /Wesley J. Warvi, President Authorized Signature /Title FOR ORIGOL SEE CITY CLERK'S FILE COPY • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, WARVI CONSTRUCTION CO. , as bidder, and CARLISLE INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent, not to exceed Sixteen Thousand and no /100 Dollars ($16,000-00 ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of IMPROVEMENTS AT THE THEATRE ARTS CENTER 2349 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13th day of May , 1983. (Attach acknowledgement of Attorney -in -Fact) Loree A. Martin Notary Public Commission expires 1 -17 -86 WARVI CONSTRUCTION CO. Bidder S /Wesley J. Warvi, President Authorized Signature /Title CARLISLE INSURANCE COMPANY Surety By S /Jana Kepner Title Attorney -in -fact NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materiaiman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 18th day of May 1983 . My commission expires: MIL C 11111111 1 1 1 111111111 111111 1 1 If f S /We zev Si gPresident A nature /Ti tle Jan. 17, 1986 S /Loree A. Martin Notary Public • . Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On file with City Clerk. WARVI CONSTRUCTION, INC. S /Wesley J. Warvi, President Authorized Signature Title • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1983 City of Garden Grove, Restroom Fac. Mr. Joe Schenk (714) 638 -6870 1981 Cal. Jig Grinding, W arehouse Mr. Deryl Craig (714) 692 -7467 1980 -82 Church's Chicken, Stands Mr. Bill Heinrich (213) 637 -8248 1980 -81 Juris Office Bldg, 2 -Story Mr. Don Jacobs (213) 862 -1667 WARVT CONSTRUCTION, INC. Bidder S /Wesley J. Warvi, President Authorized Signature /Title • N O T I C E • Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since 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 sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best' Ke Ratin Guide: Property - Casualty. Coverages shall be provided for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. • • Page 9 PAYMENT BOND BOND NO.: 05616 PREMIUM INCLUDED IN THE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 19 1983 has awarded to WARVI CONSTRUCTION, INC. hereinafter designated as the "Principal ", a contract for IMPROVEMENTS AT THE THEATRE ARTS CENTER (C -2349) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 WARVI CONSTRUCTION, TNC_ as Principal, and rART.TST.R INSURANCE rnMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE- HUNDRED said sum being one -half 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the 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. This 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 Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said 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 Principal and Surety above named, on the 21st day of June , 19 8,g_. _s 7 roved as to or C' y Attorney (Seal) Name of Contractor Principal Authori ed 5fignature and Title Authorized Signature and Title CARLISLE INSURANCE COMPANY (Seal) Name of Surety 1900 EAST LA SU_ITE 113, ANAHEIM _CA _92805 Address of Surety BY:� Signature an itle of Authorized Agent JANE KEPNER, ATTORNEY -IN -FACT 805 ddress of Agent Te ;phone No. of Agent !9 a o+ A ~ yT 1 G I y N L �a dl Z m E d O Fl E � m .°• F3 c' C Y C y C O N E L N v d m E c A m E 0 t y o � N � 6� L G O N �g H m 0 a c m c yE N W Z U N S P W�? wQ�{ULK La N H � ) 2 $ 2 it k � � ■ ■� J 2 \ S. 0 ( _ , \ j � § . .0 2 \\ {s cs )) { » § a {§§ _q \ \ {\ °� CL ®� \ 0.0j. ! !! — )e \/ § to C4 k k ) e /f)k§ {\ \ \! /&»\ \ (( �.� 3 2/R4.0 cc 2 it k � � ■ ■� J 2 0 0 Page 11 BOND NO.: 05616 FAITHFUL PERFORMANCE BOND PREMIUM: $2,198.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 13, 1983, has awarded to WARVI CONSTRUCTION, INC. hereinafter designated as the "Principal ", a contract for IMPROVEMENTS AT THE THEATRE ARTS CENTER (C -2349) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, WARVI CONSTRUCTION. INC. as Principal, and CAR1.TSf.R INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of ONE- HUNDRED NINE THOUSAND EIGHT HUNDRED EIGHTY -THREE DOLLARS AND NO/ 100THS --------------------------------------------- SA44di°S ($ 109,883.00 ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice I 0 6 Page 12 Faithful Performance Bond (Continued)_ 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 Principal and Surety above named, on the 21st day of June , 19 83 WARVI CONSTRUCTION, INC. (Seal) Name of Contractor (Principal) Authorffed FrIgnature and Title Authorized Signature and Title CARLISLE INSURANCE COMPANY (Seal) Name of Surety 1900 EAST LA PALMA, #113, ANAHEIM. CA. 92805 Address of Surety BY: Signat re and Ti € of Authorized Agent JANE KEPNER, ATTORNEY -IN -FACT Ap ve �s to f rm6 1424 EAST ARTESIA BLVD. LONG BEACH, CA. 90805 y Address of A ent t'y_x✓ Citl y Attorney 213 -423 -0465 Telephone No. of Agent t 0 J N 8 �I 6 T N r! _T E2 N N O N N y N O b c �IT L E u `o PN Ec d H C C Y C L 3 N a O b d a ( U a N N r b m U N �I m $ o m 1 ~ O O � N � o L Y d m a v a 0 b 'O W L E h w z 0 S G i3 Y 1: ic UQo U f- o z as li o 'I PW � I r--A� �s U O O d Q� N U 'r � m 0 � o w M _ p m, rn: ,; as cc Y P+ N a z m as E ii O � A c'o �i W : m c: ¢: Tm . • m -.2 cc 8. cu Op Cdr" ' 0. W � -a �. O p D W.0 dti S W cc w °J CL :dap. y 0 rz O :.O O L YW aW Y: Fp @a O' O OU V CD d ^: 7 U p V I ° o r m �q3 C ip 0.G m .0 as m Y 08 m m m "',p ,.,,{ V m pm3L�pcp v. M F' 0 0 U F. T"O�' W ° a a C q e o C d V b V y Vi XYW W m 3 a 0 W =� z-z � o o¢ _o I a Ma :d __ �E E U I POWER OF ATTORNEY 0 No. 05616 CARLISLE INSURANCE COMPANY 3435 Wilshire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. :THE AUTHORITY OF THE ATTORNEY -IN -FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * FIVE HUNDRED THOUSAND DOLLARS U S E OF M O R E T H A N O N E P O W E R V O I D S T H E B O N D CARLISLE INSURANCE COMPANY, a corporation duly organized under the laws of the State of California, and having its principal office in the city of Los Angeles, State of California, hereby make, constitute and appoint NEAL L. WITT AND /OR JANE KRPNER of the City of Att�� Fa and State of , its true and lawful orney -in -ct with full power an aut ority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney -in -Fact pursuant to the authority hereby given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executedrby its officers, with its corporate seal affixed this date of ;,,NB 23, h963 CARLIS E INS AN COMPANY aVV� res STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this date of January 3, 1983 , before me, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified came FRANK V. McCULLOUGH, President of CARLISLE INSURANCE COMPANY, a California Corporation, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of said Company and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the same instrument by the authority and direction of the said Company, pursuant to the following Resolution adopted January 4, 1982, by the Directors of said Company, and now in force, to wit: "Resolved that the President, Secretary or any Vice President shall have the power and authority to appoint Attorneys -in -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, con- tracts of indemnity and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Los Angeles the day and year first written above. OFFICIAL SEAL ILLEANE R. MANN Notary PUbI i C c9b" n ^ N014RY PUBLIC CALIFORNIA PRINCIPAL OFrICE IN LOS ANGELCS CCUNry This power not valid unless used by December 31, 1983 My COMMiSS10919 Nor. 30.198, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED • CERTIFICATE OF INSURANCE INSURANCE Company A Letter Company B Letter Company C Letter Company D Letter Company E Letter Page 13 Y' This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the - Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: Authorized Representative Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. [a Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag g * ro ucts/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form Bodily Injury $ $ x Premises - Operations Property Damage $ $ X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form Bodily Injury (Each Person $ 0 Owned $ Bo i y Injury (Each Occurrence Hired Pro ert Dama e ❑x Non -owned Bodr y Injury and Property Damage Combined $ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutory ac Accident) and EMPLOYER'S LIABILITY NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the - Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: Authorized Representative Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Project Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. [a - rr r NAME AND ADDRFS °. ,ir +ne Lokey Insurance Agency P. 0. Box 5629 Long Beach, Calif, 90805 NAME AN., ..: ..r . WArvi Construction 15931 Chemical Lane #C Huntington Beach, Calif 92649 to certify that policies of ins,;cnce ts(eu,,eluw nave heir rsua,, t : ^e insured .,` Iny Lontract or other document w:lh re5pe0 to .,mch this cemficato be issue terms. e.c�,,s ,Ps and conditions of such c.n::aes LETTER A X X . X.. . Xl .. , BROAD FO! v, .. DAMAGE iX! INDEPENOE'•- y XLO 83 13 88 88 XYO 83 13 88 88 •l':: COMPANIES AFFORDING COVERAGES COMPANY A Ohio Casualty ._ -..._- COMPANY Fremont LETTER Improvements at the Theatre Arts Center Contract #2349 City of Newport Beach, Calif. ._ Clayz ia%:tte!1 .l- :1.:r: E +. F`1Fr1 C <f;..' ,'- xL7:7FX'XXx$XxX xx�xxst XkxhcxtacxzfineX§ ca�cR�thihCk�€ titz' xk9cicxxaixxzzastjizzii�ixit9 €zkx, by registered mail, attention: Public Works Dept. City of Newport Beach 6/17/83 3300 Newport Blvd 1 Newport Beach, Calif, 92663 + ACORO 25 (1 79) EP _ COMPPN+ LETTER amed above and 3r,- cC'Ce 3t this tame. !JOlw:thLlC':dT.(i a,:', mIN:- t or condition ] or may pert3:P. tiw surance afforded by the WtC-Ps nescnce:. hrr, r. is 5:: bjse'.: to all the — I 1mits of in Thousands (000) _Liabil_ity ( ,bra bA I . i 500 500 10/28/83 100 100 500 10/28/83 500 i Improvements at the Theatre Arts Center Contract #2349 City of Newport Beach, Calif. ._ Clayz ia%:tte!1 .l- :1.:r: E +. F`1Fr1 C <f;..' ,'- xL7:7FX'XXx$XxX xx�xxst XkxhcxtacxzfineX§ ca�cR�thihCk�€ titz' xk9cicxxaixxzzastjizzii�ixit9 €zkx, by registered mail, attention: Public Works Dept. City of Newport Beach 6/17/83 3300 Newport Blvd 1 Newport Beach, Calif, 92663 + ACORO 25 (1 79) CITY OF NEWPORT BEACH 0 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 15 With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. (X) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ son non each occurrence , $ inn,nnn each occurrence S each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: This endorsement is effective Policy No.XYO 83 13 88 88 Named Insured warvi Construction .ts at the Theatre Arts Center, Contract #2349 ect Title and Contract No. 17/83 at 12:01 A.M. and forms a part of Name of Insurance Company Ohio Casualty rsement No. By A.uthdrized Representative ;John R. Lokey v . • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. (x ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ 500,000 each occurrence $ 100,000 each occurrence $ each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Im rovemen at the Theatre Arts Center, Contract #2349 ts Project Title and Contract No.). This endorsement is effective 6/17/83 at 12:01 A.M. and forms a part of Policy No XYO 83 13 88 8& Named Insured Warvi Construction Endorsement No. Name of Insurance Company Ohio Casualty By Authorized Raoresentative John R. Lokey Page 16 CONTRACT THIS AGREEMENT, entered into- this 0 of 19 60— 3, by and between the CITY OF NEWPORT BEACH, hereinafter "Ci ," and _WARVI_ CONSTRUCTION, _INC. , hereinafter "Con actor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: AT THE THEATRE e of Project CENTER 2349 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: IMPROVEMENTS AT THE THEATRE ARTS CENTER 2349 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One hundred nine thousand eight hundred eighty -three dollars and no cents 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 obstruc- tions 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. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) 4# 0 0 Page 17 (f) Plans and Special Provisions for IMPROVEMENTS AT THE THEATRE ARTS CENTER 2349 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH Wi. 2 , ATTEST: CITY APPROVED AS TO FORM: WARVI CONSTRUCTION, INC. City Attorney Contractor By2%..e Pmt s Its By Its CONTRACTOR 1 o_ J t V O H H H �} d 1 Ec `yam m Ty R N A 19 O c 3 E N Z t- Y C _C �y 3 6 L N O r H V a 4 U �+ c O N ' E c � m d _ v v v � U d K N � E N O W s E d w � m N d d `o d N y N A 19 O c 3 E N Z t- 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR IMPROVEMENTS AT THE THEATRE ARTS CENTER CONTRACT NO. 2349 SECTION PAGE I. GENERAL CONDITIONS . . . . . . . . . . . . . . . . 1 II. ADMINISTRATION OF THE CONTRACT. . . . . . . . . . 1 III. SCOPE OF WORK . . . . . . . . . . . . . . . . . . 1 IV. BID ITEMS WHICH THE CITY MAY ELECT TO OMIT FROM THE AWARD OF CONTRACT . . . . . . . . . 2 V. SPECIFICATIONS . . . . . . . . . . . . . . . . . . 2 VI. TIME OF CONTRACT . . . . . . . . . . . . . . . . . 2 VII. CONSTRUCTION SCHEDULE . . . . . . . . . . . . . . 2 VIII. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . 2 IX. LIABILITY INSURANCE . . . . . . . . . . . . . . . 2 A. GENERAL LIABILITY . . . . . . . . . . . . . . 3 B. AUTOMOBILE LIABILITY . . . . . . . . . . . . . 3 X. SHOP DRAWINGS AND SAMPLES . . . . . . . . . . . . 3 A. SHOP DRAWINGS . . . . . . . . . . . . . . . . 3 B. SAMPLES . . . . . . . . . . . . . . . . . . . 3 XI. TEMPORARY FACILITIES . . . . . . . . . . . . . . . 3 XII. CLEANUP AND DISPOSAL . . . . . . . . . . . . . . . 4 A. DURING THE WORK . . . . . . . . . . . . . . . 4 B. FINAL CLEANUP . . . . . . . . . . . . . . . . 4 C. DISPOSAL . . . . . . . . . . . . . . . . . . . 5 i • INDEX (CON'T) CONTRACT NO. 2349 C, SECTION PAGE XIII. SERVICE MANUALS AND RECORD DRAWINGS . . . . . . . . 5 A. SERVICE MANUALS . . . . . . . . . . . . . . . . 5 B. RECORD DRAWINGS . . . . . . . . . . . . . . . . 5 XIV. GUARANTEES . . . . . . . . . . . . . . . . . . . . . 5 XV. SAFETY . . . . . . . . . . . . . . . . . . . . . 6 XVI. CONSTRUCTION LAYOUT . . . . . . . . . . . . . . . . 6 XVII. PAYMENT . . . . . . . . . . . . . . . . . . . . . . 6 A. GENERAL . . . . . . . . . . . . . . . . . . . . 6 B. MONTHLY PROGRESS PAYMENTS . . . . . . . . . . . 6 ii • . SP 1 of 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR IMPROVEMENTS AT THE THEATRE ARTS CENTER CONTRACT NO. 2349 I. GENERAL CONDITIONS A. The Standard Specifications of the City of Newport Beach shall govern con- tractual relationships between the parties to this contract. The parties to this contract are the City of Newport Beach and the Con- tractor. II. ADMINISTRATION OF THE CONTRACT A. The Public Works Director of the City of Newport Beach shall administer this contract for the City. Any place where the work "Architect" or "Owner" appears in the specifica- tions, the word "Architect" or "Owner" shall be understood to refer to the Public Works Director of the City of Newport Beach or his authorized representative. 2. Any change order issued to the Contractor must be in writing and signed by the Public Works Director and the Contractor in order to be valid. III. SCOPE OF WORK A. Work to be done under this contract includes demolition of an existing entry and restroom; construction of a new lobby, two public restrooms, janitor's closet, service entrance; an entry and intermission patio; new sewer lateral to serve basement plumbing fixtures; reconnection of basement plumbing fix- tures to the new sewer lateral; plus miscellaneous demolition, removals, repairing, and repainting. B. included in the scope of the contract is the payment of all fees and the securing of all permits normally charged by giverning public agencies; the payment of all connection charges normally charged by serving utilities; and the furnishing of all material, labor, and transportation necessary to complete the construction; except that the following fees normally charged by the City of Newport Beach will be waived: Building excise tax fees. 2. Building and plan check fees normally charged for the account of the General Fund, including plumbing, electrical, drywall, and plastering permits. C. All other fees normally charged by the City must be paid by the Contractor. • • SP2of6 Included among fees that must be paid are business license fees. IV. BID ITEMS WHICH THE CITY MAY ELECT TO OMIT FROM THE AWARD OF CONTRACT The City reserves the right to omit any or all of the three additive bid items from the award of the contract. At the time the contract is awarded, the City will specify which, if any, of the additive bid items it desires to include in the award of contract. Each bidder must include a bid price for the base bid and a bid price for each of the additive bid items. For the purpose of determining the lowest bid, the prices bid for the base bid only will be compared. V. SPECIFICATIONS The contract requires the completion of all the work in accordance with these Special Provisions; the Plans (Drawing No. B- 5101 -5, consisting of 18 sheets); the City's Standard Special Provisions and Standard Drawings: and the Standard Specifications for Public Works Construction, 1982 Edition, including supplements to date. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department office for 5 apiece. The Job Specifications are included as part of the Plans. For the purpose of determining precedence of contract drawings as per Section 2 -5.2 of the Standard Specifications, the Job Specifications shall not be considered to be part of the Plans. The Job Specifications shall take precedence over the Reference Specifi- cations, but the Standard Specifications shall take preference over the Job Specifications VI. TIME OF CONTRACT The date of the contract shall be the date that the contract is awarded by the City. The contract shall be completed within 120 calendar days from the date of award of the contract by the City. VII. CONSTRUCTION SCHEDULE The Contractor shall prepare a construction schedule which shall be approved by the City prior to the start of any work. VIII. LIOUIDATED DAMAGES Liquidated damages at the rate of $100 per day will be assessed as per Section 6 -9 of the Standard Specifications. IX. LIABILITY INSURANCE Upon execution of the contract, the Contractor shall provide a certificate(s) of insurance showing that he has Liability Insurance coverage. At the same time, the Contractor shall provide the insurance endorsements on the forms provided as part of the contract documents. M • 0 SP 3 of 6 The Liability Insurance coverage shall include each of the following types of insurance: A. GENERAL LIABILITY 1. Comprehensive Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products /Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage S. Independent Contractors 9. Personal Injury 10. Marine B. AUTOMOBILE LIABILITY 1. Comprehensive Form 2. Owned 3. Hired 4. Non -Owned SHOP DRAWINGS AND SAMPLES A. SHOP DRAWINGS The Contractor shall check and verify all field measurements promptly in order to cause no delay to himself or his subcontractors. The Contractor shall submit to the City all shop drawings and schedules required for the work of the various trades, and the City shall pass upon them with reasonable promptness. The City's review of such drawings or schedules shall not relieve the Contractor of responsibility for deviation from drawings or specifications, unless he has in writing called the City's attention specifically to such deviations at the time of submission, nor shall it relieve him of responsi- bility for errors of any sort in shop drawings or schedules. All submittals of shop drawings, catalog cuts, data sheets equipment and material lists shall be complete. The shop drawings transmittal form shall be signed by the Contractor, verifying that shop drawings conform to con- tract drawings and specifications. B. SAMPLES The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. XI. TEMPORARY FACILITIES A. The Contractor must provide for his own use the following temporary facili- ties: L J • SP4of6 1. Telephone 2. Safety fencing, barricades, and warning lights. B. The following are available on the site, and may be used by the Contractor: i. Water 2. Electricity C. Contractor's employees shall park where directed by the City. D. No signs will be permitted on the project except the project sign, identi- fying captions over offices, certain directional signs and warning signs required for safety and protection. The Contractor shall take all neces- sary steps to prevent installation of all unauthorized signs. XII. CLEANUP AND DISPOSAL A. DURING THE WORK At all times during the project, the construction area shall be kept clean. All dirt, waste and rubbish shall be removed frequently and not allowed to accumulate. B. FINAL CLEANUP In addition to keeping the construction area clean during construction, the Contractor must thoroughly clean the inside and outside of all new construction, including fixtures, equipment, hardware, walls, ceilings, and doors. This shall include cleaning of roofs, window and opening ledges and sills, horizontal projections, exterior steps and platforms, walkways, rails and other surfaces. Dust, dirt, stains, handmarks, paint spots, plaster droppings, or other foreign material, shall be completely removed from the surfaces. 1. Metal Surfaces, including hardware, shall be cleaned and polished, using only non - corrosive and non - abrasive materials that are compat- ible with protective coatings. 2. Materials with Natural Finish shall be thoroughly cleaned strictly in accordance with manufacturer's latest printed recommendations. 3. Fixtures and Equipment: Plumbing fixtures and like items shall be cleaned and polished. Lighting fixtures shall be cleaned free of dust, dirt, stains, or waste material. Equipment and machinery shall be cleaned, serviced, and left ready for use. All paper or other tempo- rary labels shall be removed. 4. Glass and Tile shall be cleaned of all dirt, marks, labels, spots or other foreign materials, and washed and polished. Glass shall be cleaned and polished both sides at time of final acceptance by the Owner. 5. Exposed Concrete, floors and walls, shall be washed and dried, free of streaks or stains. • 0 SP5of6 6. Resilient Flooring, including base, shall be cleaned, freshly waxed and buffed as specified. 7. Painted Surfaces shall be cleaned with materials recommended by the manufacturer of the paint. When soiled or stained to such an extent that normal cleaning is not sufficient, painted surfaces shall be refinished as specified. 8. Final Inspection: Any deficient cleaning operations, as determined Sy the Owner shall be immediately corrected. C. DISPOSAL Under no circumstances shall rubbish or waste material of any description be buried or otherwise disposed of on the site, whether in fills, backfills or other locations. All debris, rubbish, and waste or surplus material shall be removed from the site. Particular care shall be taken by the Contractor to see that no dumping or spillage of concrete, plaster, oil, gas, cleaning fluids or other deleterious matter is permitted in areas to be planted or where such matter may drain or be carried into planting areas. Any soil so contaminated shall be removed and replaced with approved soil, compacted as required, at the Contractor's expense. XIII. SERVICE MANUALS AND RECORD DRAWINGS A. SERVICE MANUALS The Contractor shall furnish two service manuals to the Owner. Manuals may be lose leaf and shall contain complete exploded drawings of all equip- ment installed showing components and catalog numbers together with the manufacturer's name and address. B. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete as -built set of blueline prints, which shall be corrected daily to show every change from the original drawings and specifications, and this set shall be the record set. As -built entries shall be completed in a neat, clear, pro- fessional manner. XIV. GUARANTEES Besides guarantees required elsewhere, the Contractor shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) -year period from date of acceptance, without any expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to com- ply with the above - mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the Contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. • . SP6of6 XV. SAFETY In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, 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 safety of the public and workers. The Contractor shall have, at the worksite, copies or suitable,extracts of Construction Safety Orders and General Industrial Safety. XVI. CONSTRUCTION LAYOUT The Contractor shall provide his own construction layout and staking. The price to be paid for layout shall be included in the Base Bid. XVII. PAYMENT A. GENERAL 1. The work to be done under this contract includes furnishing all labor, equipment, transportation, materials, and services necessary to com- plete the construction as shown on the plans and described in the specifications, complete in place, including all appurtenant work. 2. The unit price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, mater- ials, services, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. 3. Payment for all items of work not separately provided for in the proposal shall be included in the prices bid for the Base Bid. B. MONTHLY PROGRESS PAYMENTS The City will make monthly progress payments for work completed per Section 9 of the Standard Specifications. For purposes of making progress payments, the City's estimates of the amount of work completed under any pay item will be used. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IMPROVEMENTS AT THE THEATRE ARTS CONTRACT NO. 2349 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: Page 1.1 The undersigged declares that he has carefully examined the location of the work, has read the Notice Inviting Bids, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2349 in accordance wtih the Plans and Specifications, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY EM ESCRIPTION LUMP SUM PRICE BID WRITTEN IN WORDS PRICE BASE BID ITEM Lump Sum Construct addition to building, for the lump sum price of: ONE HUNRED SEVEN THOUSAND SIX HUNDRi.I tars SEVENTY —SEVEN and NO CENTS Cents $ 107,677.00 ADDITIVE BID ITEMS 2. Lump Sum Construct new sewer lateral in basement; and reconnect existing basement plumbing fixtures, for the lump sum price of: _EIGHTEEN HUNDRED FORTY FIVE_ Dollars and NO CENTS Cents $ 1845.00 3. Lump Sum Relocate existing theatre sign to rear of building, including recon- nection of electrical circuit, for the lump sum price of: NINE HUNDRED TWENTY Dollars and NO CENTS Cents $ 920. r • 0 Page 1.2 ITEM QUANTITY DESCRIPTION L S N0, BID PRICE WRITTEN IN WORDS PRICE Lump Sum Furnish and install building identifi- cation letters and numbers on front fascia, for the lump sum price of: TWELVE HUNDRED EIGHTY SIX Dollars and O CENTS Cents TOTAL PRICE FOR BASE BID WRITTEN IN WORDS: (ITEM NO. 1 ONLY) ONE HUNDRED SEVEN THOUSAND,SIX HUNDRED SEVENTY SEVEN Dollars and NO CENTS Cents B -1 License # 336713 Contractor's License No. & Classification Bidder's Te ephone Number May 18th, 1983 Date $ 1286.00 107,677.00_ WARVI CONSTRUCTION, INC. _ Bidder n RRES IDENT Authorizt5b Signature /Title 15931 Chemical Lane Unit C Bidders ddress • . Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy 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 or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 11_1 Idrense # 336713 Contr's Lic. No. & Classification May 1Rth 1983 Date WARVI CONSTRUCTION, INC._ Bidder PRESIDENT Authorized�Signature /Title • • Page 3 DESIGNATION OF SUBCONTRACTORlS The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer -and as provided by State law. Item of Work Subcontractor Address I• PLUMBING MULLIGAN PLUMBING 13312 Springdale Westminister 2. TOILET PARTITIONS CAL -MET -PAR 8107 -A Paramount Blvd, Pico Rivera 3. ROOFING WESTERN ROOFING 7941 Ronald Drive , Huntington Beach 4. STUCCO SOLVEY'S PLASTERING 12304 191st St. , Artesia, 5. ELECTRICAL TRANI- ELECTRICAL 5462 Business Dr., Huntington Brach 6. GLASS ARCO GLASS 10960 Talbert Avenue, Fountain Valle; 7. CARPETING BOOS FLOOR COVERING 15709 Bellflower Blvd., Bellflower 8. 9. 10. 11. 12. .rer�rw�i• . C (,,--RRESIDENT Aut— ho riled,-,Signature /Title - �l► A BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 4kond No. 04558 -1 -" That we, Warvi Construction Co. , as bidder, and Carlisle Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent not to exceed Sixteen thousand and no /100 - -- -Dollars ($ 16,000.00 -- � lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Improvements at the Theater Arts Center #2349 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13th day of May 19 83 Bid- Date: 5 -18 -83 Warvi Construction Co. idder (Attach acknowledgement of Att9rney -in -Fact) - `�( Au horiz S gnature /Title Notary Public Commission expires fw OFFICIAL SEAL B y IOREF A MARTIN NOTARY PUBLIC - CAl1FCRNIA BR.AME C "INTY S Title q My mmm, explr„ JAN 17, 1986 ) Carlisle Insurance Company Surety Jane Kepner, Attorney -in -fact i ° 0 a m N m w U .. z •ry a M M W 4 07 FG. Lca C 0 a 06 m o y a+•O C : 1. . U W :•_C o � U ca 0 d ��- : w U,C .. x w „„ •- o am.� Fw :z w E s- d co .•., c. O > P4 .0 { a. • • 1Y "..G H O � C r C as EOY !'. . O U2 +w NU.4 ': m N m w U .. z •ry a M 0 L1 0 o . U � o � U m N m w POWER OF ATTORNEY No. 04558 CARLISLE INSURANCE COMPANY 3435 Wilshire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY -IN -FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * TWO HUNDRED FIFTY THOUSAND DOLLARS * * * U S E OF M O R E T H A N O N E P O W E R V O I D S T H E B O N D CARLISLE INSURANCE COMPANY, a corporation duly organized under the laws of the State of California, and having its principal office in the city of Los Angeles, State of California, hereby make, constitute and appoint Neal L. Witt and /or Jane Kepner of the City of Anaheim and State of California , its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney -in -Fact pursuant to the authority hereby given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executed by its officers, with its corporate seal affixed this date of May 13. 198,3 CARLI�LE I7SU?,ACE COMPANY STATE OF CALIFORNIA Y resident COUNTY OF LOS ANGELES l' On this date of January 3, 1983 , before me, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified came FRANK V. McCULLOUGH, President of CARLISLE INSURANCE COMPANY, a California Corporation, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of said Company and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the same instrument by the authority and direction of the said Company, pursuant to the following Resolution adopted January 4, 1982, by the Directors of said Company, and now in force, to wit: "Resolved that the President, Secretary or any Vice President shall have the power and authority to appoint Attorneys -in -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, con- tracts of indemnity and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." IN'TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Los Angeles the day and year first written above. �f.'...:.�`' GFFICIAL SEAL ILLEANE R. MANN Notary Public :.�� r NOT Wy PURL Ic CkLIWN'A a- t ° PkIANGEL CJ This power not valid unless used by December 31, 1983 I IOS ANGftFS fO:)NI! - `r My Commission 4p No, ;'a:986 • • NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed �nd sworn to before me this — day of Ply commission expires: OFFICIAL SEAL Ll MARTIN { n NOTARY PUBLIC - CALIFORNIA -� O1IMM".. EO'.'NTY My mmm. eyplres ]AN 17, 19EG y :_-._ PRESIDENT Authorized Signature /Title Notary Public Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. WILL BE SUBMITTED BY ACCOUNTANT WARVI CONSTRUCTION, INC. Bidder /1 PRESIDENT Authoriz'd Signature /Title • TECHNICAL ABILITY AND EXPERIENCE REFERENCES Page 7 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1983 City of Garden Grove,Restrom Fac, Mr. Joe Schenk (714) 638 -6870 1981 Calif. Jig Grinding,Wharehouse Mr. Deryl Craig (213) 692 -7467 1980 -82 Church's Chicken, Stands Mr. Bill Heinrich (213) 637 -8248 1960 -81 Juris Office Bldg. 2 -Story Mr. Don Jacobs (213) 862 -1667 WARVI CONSTRUCTION, INC. _ Bidder lC —� `�/`t ---� <. PRESIDENT Author zed ignature /Title • BY THE CITY COUNCIL • CITY OF NEWPORT BEACH June 13, 1983 'Y JUN 13 1983 CITY COUNCIL AGENDA ITEM NO,C TO: CITY COUNCIL FROM: Public Works Department and Parks, Beaches and Recreation Department SUBJECT: IMPROVEMENTS AT THE THEATRE ARTS CENTER (Contract No. 2349) RECOMMENDATIONS: 1. Approve the request by the apparent low bidder, SPEC Builders, of Laguna Hills, that their bid be withdrawn because of clerical errors made in preparing the bid. 2. Award Contract No. 2349 to WARVI Construction, Inc., in the amount of $109,883 for the base bid plus additive bid items No. 3 and No. 4, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: On May 18, 1983, the City Clerk opened and read eleven bids for the project: Bidder Base Bid Bid Item o. 1 1. SPEC BUILDERS, $ 97,000 Laguna Hills 2. Warvi Construction, Inc. Huntington Beach 3. Hewett Developnent Company, Inc., Orange 4. Diversified Pacific Con- struction Co., Inc. Laguna Hills 5. Aspen Associates Inc., Corona 6. R. Harris Construction La Habra 7. B. P. Kent Co., Inc. 8. Martin Resnik Const. Additive Bid Items No. 2 No. 3 No. 4 $ 5,800 $3,700 $11,200 107,677 1,845 920 1,286 111,446 11,000 900 1,200 116,000 17,000 1,100 1,400 117,553 11,833 800 1,200 119,950 1,720 500 885 120,700 2,400 400 1,300 123,432 11900 350 1,000 0 0 Y, June 13, 1983 Subject: Improvements at the Theatre Arts Center (Contract 2349) Page 2 9. Roybal's Construction Co. 134,415 1,500 3,100 1,500 LaVerne 10. J. H. Hedrick & Co. San Gabriel 136,700 2,250 1,100 1,100 11. L.C.A.Construction Inc. 144,445 3,900 2,600 1,029 Laguna Beach Engineer's Estimate 125,000 5,000 1,000 1,000 The base bid of Warvi Construction, Inc., is 14% under the Engineer's estimate. Warvi Construction, Inc, has not previously worked for the City; however, the firm is properly licensed, is recommended by the architect, and a check of references has indicated that the firm is qualified. The attached letter from Spec Builders requesting that the City allow Spec Builders' bid to be withdrawn. Recommendation for approval of the request is made for the following reasons: 1. The bidder fulfilled the statutory requirement that the City be noti- fied promptly that the bid had been submitted in error before any action had been taken by the City in reliance on the bid. 2. Clerical error is a legitimate reason for permitting a bid to be withdrawn. The 1982 -83 budget contains an appropriation of $175,000 to make improvements to the Theatre Arts Center, which is located at 2501 Cliff Drive in Ensign View Park. The location is shown on the attached sketch. The improvements to be made under the contract include the construction of a new lobby and two public restrooms; and entry and intermission patio; and a new kitchen entrance at the southeast corner of the building. The bid proposal consisted of a base bid (Bid Item No. 1) for the remodeling, plus three additive bid items. Bid Item No. 2 is for a new sewer lateral in the basement, running from the existing sewer pump, down the corridor, and to a point just outside the rear door. Bid item No. 3 is for relocating an existing lighted sign to a new location at the southwest corner of the building. Bid item No. 4 is for building identification on the fascia facing Cliff Drive. The existing building has a sewage pump in the basement which serves two small restrooms and a janitor's sink in the basement. One small bathroom and the kitchen on the main floor are served by a gravity sewer main in Cliff Drive. A proposal to replace the sewage pump with a new gravity sewer lateral in the parking lot has been investigated, and is not recommended for the following reasons: 0 0 June 13, 1983 Subject: Imrpovements at the Theatre Arts Center (Contract 2349) Page 3 1. Most of the sanitary sewage from the building will come from the kitchen and new public restrooms on the main floor, ..and will flow by gravity to the existing sewer in Cliff Drive. 2. A sewer lateral inside the basement and down the bluff would cost an estimated $15,000 - $20,000. 3. The existing sewer pump has been overhauled recently and is in good operating condition. 4. If desired, a new gravity sewer for the basement could be constructed at a later date. Several items that are a part of the overall project were not included in the building construction contract as it was felt they could be provided for separately at less cost. These items include: 1. Install new theater lighting. 2. Upgrade sound system. 3. Construct free- standingmonument sign. 4. Modify irrigation system, landscaping, and walkways. 5. Extend site drainage system to drain the lower patio adjacent to the basement. The plans and specifications were prepared by Ron Yeo, FAIA Architect, Inc., of Corona del Mar. The project budget is as follows: Professional fees $ 21,160 Construction contract 109,883 Purchase theatre lighting equipment 10,000 Possible additional items of work 22,112 (see above) Testing and contingencies 11,845 Total $175,000 A complete set of plans is on display in the City Council's conference room. The estimated %daatee of completion is October 31, 1983. Benjamin B. Nolan Ronald A. Whitley Public Works Director Parks, Beaches & Recreation Director KLP:rb • Jt . SPEC BUILDERS May 19, 1983 City Of Newport Beach Dept. of Public Works f� �� 3300 Newport Blvd. =; Q( ?� 19P ?�. Newport, Ca. 92663 -3884 \ CITY of 9; 2 ' j NEWPORT B Mr. Ken Perry CALI. O/ Re: Bid proposal fpr, THEATRE ARTS IMPROVEMENTS # C -234 Mr, Perry, This is to confirm our telephone conversation in regards to, BID PACKAGE # C -2349 entitled, "THEATRE ARTS IMPROVEMENTS." The particular package has been submitted in error and uncompleted for the following reasons: a) It does not contain page 5 of the bid package entitled, "NON- COLLUSION AFFIDAVIT ". b) Does not include our glass and storefront sub - contractor. e) Item #1 does not include our glass and storefront price. ( $13,000.00) d) This bid was not suppose to be submitted in the first place being incomplete as it is. In all fairness to the other contractors, I recommend the City reject this bid package without penalty. ;Zem fteliilpiki logies, Owner SPEC Builders 9 22131 Bianco, Laguna Hills, CA., 92653 (714) 770 -5715 .zs4., .zm >° � •mss � / R I h i 0 ? qi .2519• .. B3 /Z /4.3.46 . 6 ° 4 9 .0 is N 9 t jl� •2408- oa; h B • /L 73' 4X a ^f 5 NEW AowolrA N /B o` h : o 2 � /9 /? /275 23 0 : 0 2 l2 23 ftS b ho � VN Z3 V PARK A 9 �08, ?o •� MAO �l OR //C 9S//9SS O /RECTORS GEED ,0.4 C. ' L O / •7- ` ?oo q0 No /7 W m 47 °.. Oo O'g. /0 32v R, S • 24 o .z�a. • .9a.Q. Ir a QEg•aJ /G� C p4/ S Y /175 y, 19 0 60 , /275 14 /273 b 250o C>O" Ov Q e '' /i' zi.or A / /6 0° �g BEACON (F0QME2L Y /2rl- .zs4., .zm >° � •mss � / R I h i 0 ? qi .2519• .. B3 /Z /4.3.46 . 6 ° 4 9 .0 is N 9 t jl� •2408- oa; h B .° /L 73' 4X a ^f 5 NEW AowolrA N /7 — EXISPMO MOArAR OAP //29,9�7d!? n � s� ARTS ceNreR � /9 /? /275 PCL_ EIVXICN VIEW �1>1 6 l2 ftS b ho � VN Z3 V PARK A 9 �08, ?o •� MAO �l OR //C 9S//9SS O /RECTORS GEED ,0.4 C. ' L O / •7- ` ?oo q0 No � Q�Z -pa75n W .zs4., .zm >° � •mss � / R I h i 0 ? 1275 h /Z /3 G m .0 •2426• 9 -2412- •2408- oa; h B .° /L 73' .zs4., .zm >° � •mss � / R I h i 0 ? 75 1276 3 4a` /3 G /4 •2426• --416• -2412- •2408- -2404 -2400 .° /7 4X a ^f 5 NEW AowolrA N /7 — EXISPMO MOArAR OAP //29,9�7d!? n � s� ARTS ceNreR � /9 /? /275 PCL_ EIVXICN VIEW ftS b ho � VN Z3 V PARK A X02. A T2f/ /,T OR //C 9S//9SS O /RECTORS GEED ,0.4 C. ' L O / •7- ` ?oo q0 No � Q�Z -pa75n m 47 °.. Oo O'g. /0 32v R, S • O# o .z�a. • .9a.Q. Ir a QEg•aJ /G� C p4/ S Y g pis G q• /2230' y, 19 0 I .� 75 1276 3 4 /3 G /4 •2426• --416• -2412- •2408- -2404 -2400 .° /7 4X 45.a /7 v e OAP //29,9�7d!? n � m � /9 /? /275 PCL_ f 2 3 4 S G •2426• --416• -2412- •2408- -2404 -2400 .° 4X 45.a I V,,, v e OAP //29,9�7d!? n � ,p � /9 /? PCC./ PCL_ EIVXICN VIEW PARK A X02. A T2f/ /,T OR //C 9S//9SS O /RECTORS GEED ,0.4 C. �GTY PROP.1 L O / •7- ` P4bP- �I O. •P. /079 929 R, S • .--QEG /NpuisNNENT a QEg•aJ /G� C p4/ � OF6UTTCQS ? /iN50 � /'' i. ydO[Y•ES3 ?/6.✓T5 � g pis G q• /2230' Lt17j92 fig o9 /e'ti $� I a D Q 474. 2 T 9i THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. ated at Newport Beach, California, thig3 day of 17fC, 19 115J Signature THE NEWPORT ENSIGN CJ 1 This space is for the County Clerk's Filing Stamp Proof of Publication of a Paste Clipping of Notice SECURELY In This Space NOTICE INV=0 BID6 - seuled hidsmay be 1090,441 the of ,ce of the CSty Clot, 3300 New- port Boulevard, Newport Baacb; CA 91863 until 10:30 AIL on the 18th day of May, 1883, at which, timo such bids" beopewdand red for RMOVEMENTS AT THE THEATRE ARTS CENTER Title of project.. . - 33M Contract No. Ean11e1v35,00 y� Approved by the City Council ihtr 11th day of Apo 1863 WANDA E. ANDERSEN fir crtk Prospea8n bidders may obtain one at of hid documents at no cwt at the cam of the Pohu Wceb Department, 3300 Newport Boulevard, Newpwt.,Beach, Cc. 93803. For further iWormatioc, ae11 Kenneth.. L_ 'pefty, Protect Enytftir .. nit 1021111 . . 6113 - NE17M PROOF OF PUBLICATION � r" April 11, 1983 CITY COUNCIL AGENDA ITEM NO. _55�— /b TO: CITY COUNCIL FROM: Public Works Department and Parks, Beaches and Recreation Department SUBJECT: IMPROVEMENTS AT THE THEATRE ARTS CENTER (Cbfitract'~ i 234.9) -. W RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Authorize the City Clerk to advertise for bidsko be received and opened at 10:30 on May 18, 1983. DISCUSSION The 1982 -83 budget contains an appropriation of $175,000 from the General Fund to make improvements to the Theatre Arts Center located at 2501 Cliff Drive. The location is shown on the attached sketch. The improvements to be made under the contract include the con- struction of a new lobby and public restrooms; an entry and intermission patio; and a new service entrance at the southeast corner of the building. Part of the project, but not included in this contract, is upgrading the theatre lighting. The lights will be purchased by the Purchasing Agent and installed by the Theatre Arts people. The existing building has a sewage pump in the basement which serves two small restrooms and a janitor's sink in the basement. One small bathroom and the kitchen on the main floor are served by a gravity sewer main in Cliff Drive. A proposal to replace the sewage pump with a new gravity sewer lateral down the bluff to an existing sewer in the access road to the Mariners Mile parking lot has been investigated, and is not recommended at this time for the following reasons: 1. The existing sewer pump has been overhauled recently. 2. Most of the sanitary sewage from the building will come from the kitchen and new public restrooms on the main floor, and will flow by gravity to the existing sewer in Cliff Drive. 3. The available appropriation does not provide funds for a sewer lateral inside the basement or the sewer down the bluff. (Estimated cost $13,000 - $20,000) 4. If desired, a new gravity sewer for the basement could be constructed at a later date. 0 9 Page 2 Subj: Improvements at the Theatre Arts Center (C -2349) April 11, 1983 An additive bid item for a gravity sewer lateral inside the base- ment is included on the proposal. If bids permit, it might be possible to construct the portion within the building with the present project and leave the portion down the bluff for a future project. The plans and specifications were prepared by Ron Yeo, FAIA, Architect, Inc., of Corona del Mar, under a design services agreement (Contract No. 2365) approved by the City Council on October 25, 1982. The project budget is as follows: Professional fees $ 21,160 Construction contract 135,000 Purchase theatre lighting equipment 10,000 Miscellaneous and Contingencies 8,840 Total $175,000 A complete set of plans is on display in the City Council's conference room . The estimated date of completion is October 15, 1983. Benjamin B. Nolan Public Works Director KLP:rb Ronald A. Whitley Parks, Beaches & Recreation Director