HomeMy WebLinkAboutC-2773 - Oasis Senior Facility Remodeling (Human Services Building)sap , -25 -92 FR I .20 PRES T I G
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LABOR COMMISSIONER, STATE OF CALIF'OnNIA
Department of Industrial Relations
DIVISION OF LABOR STANDARDS ENFOf7L'EMENr
Bureau of Field Enforcement
107 South Broadway, Rm 5029
Los Angeles, CA 90012
(213) 897 -2905
r CITY OF NEWPORT BEACH
P.O. BOX 1768
NEWPORT BEACH, CA 92663
L J
1992
RELEASE OF NOTICE TO WITHHOLD
21
ro act Name nntract Number -
'act CITI'LENS CENTER #C -2773
rime Contractor —"
CLAYTON ENGINEERING
On JUNK 22 1992 ._ _... _ th.s Divslon bred a NOTICE TO WITHHOLD (copy attached) on the
above named Public Works Project In the total Amount of S _4_1_2954-Q-6.
Please consider this Notice a lull release of our NOTICE TO WI I HHOLD dated - JUNE 22, 1992
Executed on, .SEPTkMRFR 15 _ 19 92 _ at . L1JS, AMELES California,
STATE LABOR COMMISSIONER
BY A .
R D. MIL I
ONAL MANAGER
PW20 (4/091(7
�3j�'15t.V SENTM
�eYr:)'Or•
0 Councilmen
,E, tAanager
,� Attorney
L7 Bt3n. Du.
kiei1sety Dir.
OVci&9Bit.
0 planning Dir
0 Mice ChiatQ
7 RELEASE OF NOTICE TO WITHHOLD
li m
July 15, 1992
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(7 M) 644 -3005
Clayton Engineering, Inc.
23011 Moulton Pkwy., #J -11
Laguna Hills, CA 92653
Subject: Surety: Safeco Insurance Co. of America
Bond No.: 5695837
Contract No.: C -2773
Project: Oasis Improvements (Human
Building)
i
Services
The City Council of Newport Beach on June 22, 1992 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 of Completion has been recorded in accordance with
applicable portions of the Civil Code.
The Notice was recorded by the Orange County Recorder on June 26
1992, Reference No. 92- 433538.
Sincerely,
/� 6 ,�y�J,,`�',''g/
Wanda E. Rag gi�l�V
City Clerk
WER:pm
,._cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk f �'
City of pNe r Beach
NewportwBeach, CAe92663
92- 433538
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
P.M JUN 2 61992
ca Q -cl3ww w4ecorder
"Exempt from recording fees
to Government Code Section
NOTICE OF COMPLETION
o�
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
Clayton Engineering, Inc., 23011 Moulton Pkwy., #J -11, Laguna Hills, CA as
Contractor, entered into a Contract on July 31, 1991
Said Contract set forth certain improvements, as follows: /-,,/
Oasis Imorovements (Human Services Buildin -) (C -2773) y RECE
Work on said Contract was completed on Jame 10, 1992
and was found to be acceptable on June 22, 1992
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Safeco Insurance Company
of America, 17570 Brookhurst, Fountain Valley, CA
BY c d'�► �.,
Pubilc Works Director
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
Executed on
Newport v
BY . / ✓ /iii
Ni9
1992
CITAF NEWPORT BPACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
June 25, 1992
County Recorder's Office
P.O. Box 238
Santa Ana, California 92702
Enclosed is the following document for recordation and return
to the above -named office:
NOTICE OF COMPLETION for OASIS IMPROVEMENTS (Human Services
Building) (C- 2773).
Sincerely,
Wanda E. Raggio
City Clerk
3300 Newport Boulevard, Newport Beach
_RECWM
3
LABOR COMMISSIONER, STATE OF CALIFORNIA ~_ E.e�VW7itL
Department of Industrial Relations --
Division of Labor Standards Enforcement JUN 2 4 1992 �
28 Civic Center Plaza,. Room 625 CITY OF
Santa Ana, Ca.. 92701 >_ NEWPORT BEACH,
(714) 558 -4155 Gj CA11F
AWARDING ROOT:
1
DATE:
City of Newport Beach
P.O. Box 1768
Newport Beach, Ca. 92663
ne 22. 1992
NOTICE TO WITHHOLD
:CT NAME f CONTRACT NOMRER
Senior Citizens Center #C -2773
I PRIME CONTRACTOR
J
IN wEPLT, REFER TO CASK NOMws R:
27PW06323/179
JUN 29 1992
NEW ORT BFACH
Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENAL 7Y ASSESSMENT pertaining to
the above-named project.
You are direc ed 0 t withhold and retain from any payments due the general contractor the total amount
of 1 _ which is the sum of ail wages and penalties forfeited pursuant to the provisions of
Labor Code Section 1727 as evidenced by the attached Notice of Wages Owed and Notice(s) of Penalty
Assessment.
If you receive notice of a suit filed by the contractor to recover the prevailing wages and /or the Penalties
Labor Code Section 1731 requires you retain the above stated-sum pending the outcome of the suit. It
no such notice of suit is received within the 90 day period after cessation, acceptance, or completion of
the project, all monies withheld shall be remitted to this office. If within the aforementioned period, the
contractor consents in writing with the Notice of Wages Owed and /or Notice of Penalty Assessment, the
amount withheld shall be remitted to this office.
1 declare under penalty of perjury as follows: I am an authorized representative acting for the State
Labor Commissioner. I execute this Declaration on behalf of the workers whose names are set forth on
the attached notices. 1 have read the foregoing Notice to Withhold and I have made an investigation
of the facts relating thereto, and based on all the facts known to me at this time and based on all of the
statements and information given to me at this time, I am informed and believe that the foregoing
Notice to Withhold is true and correct, and that the facts have been found to support this Notice.
Sincerely, -1 13 t7 ❑
<- oo
STATE LAQOR COMt� 09
PW - 13 151871
gW
I
N
NOTICE TO WITHHOLD
l
Labor Code Section 1731. If suit is brought against th2 awarding body
within the 90-day period either by service of summons or by rgtstered mail
which is received within the 90,day period. the penalties and forfeitures shall
be retained by the awarding body pending the outcome of the suit, and be
forwarded to the State Treasurer only in the event of a final court judgment
against the contractor or his assignee. Otherwise the penalties and
forfeitures are subject to any final judgment which is obtained by the
contractor or his assignee.
O❑ ..
a <
1114
1
Y
LABOR COMMISSIONER, STATE OF CALIFORNIA
Department of industrial Relations
Division of Labor Standards Enforcement
28 Civic Center Plaza, Room 625
Santa Ana, Ca. 92701
(714) 558 -4155
BOOT:
F
City of Newport Beach'
P.O. Box 1768
Newport Beach, Ca. 92663
I
J
iDATE: ... Iw.wvLT. wErER TO CAS[ MUMMER:
June 22,.1992 27PW06323/179
NOTICE OF PENALTY ASSESSMENT
'MOJ[CT NAM[ / CONTRACT NUMBER ?
Senior Citizens Centex #C -2773
PRIME CONTRACTOR
Clayton Engineering
SUBCONTRACTOR
Prestige Plumbin
This office has determined that the above-named contractor(s) ha, failed to pay the prevailing was
ge
as required by Labor Code Sections 1774 and 1815 to laborers and /or mechanics engaged in the
execution of the above public works contract. Therefore, the f slowing assessment is made as per
Labor Code Sections 1775 and 1813:
26 Penalties for straight time work paid at less than the prevailing wage rate at
per worker per day per violation equals $ 1300 00
Penalties for overtime work paid at less than the prevailing wage rate at
$25.00 per worker per day per violation equals $ _
26 0
Total number of violations Total sum due $ _ 13 .. 0 • 00
This Notice is given pursuant to the provisionS;.gf Section 1727 of the Labor Code. You are hereby
required, pursuant to said section to withhold any and all payments :,.hich are or hereafter may become
due to the contractor herein above named to the extent of the total claim as hereinabove shown.
Executed on June 22 19 92at Santa Ana California.
STATE LABOR CO A ISS ,,,,2 _
M
is Fulkerson
cc: Prime Contractor
Subcontractor
Bonding Company
NOTICE OF FlNALTY ASSESSMENT
F W - 16 (5/07) - ''!
Labor Code Section 1775.
The contractor shall, as a penalty to the state or political subc(ftion on whose behalf the contract is
made or awarded, forfeit twenty -five dollars ($25) for each calendar day, or portion thereof, for each
workman paid less than the prevailing rates as determined by the director for such work or craft in
which such workman is employed for any public work.done under the contract by him or by any sub-
contractor under him. The difference between such prevailing wage rates and the amount paid to each
workman for each calendar day or portion thereof for which each workman was paid less than the
prevailing wage rate shall be paid to each workman by the contractor, and the body awarding the
contract shall cause to be inserted in the contract a stipulation that the provisions of this section will
be complied with.
To the extent that there is insufficient money due a contractor to cover all penalties forfeited and
amounts due in accordance with this section, or in accordance with Section 1813 of this chapter, and
in all cases where the contract does not provide for a money payment by the awarding body to the
contractor, the awarding body shall notify, provided that in the case of a workman claiming the
difference between the prevailing wage rate and the amount paid him the awarding body has first been
given the notice mentioned in Section 1190.1 of the Code of Civil Procedure, the Division of Labor
Standards Enforcement of such violation and the Division of Labor Standards Enforcement, if neces-
sary with the assistance of the awarding body, may maintain an action in any court of competent
jurisdiciton to recover the penalties and the amounts due provided for herein. Such action shall be
commenced not later than 90 days after the filing of a valid notice of completion in the office of the
county recorder in each county in which the public work or some part thereof was performed, or not
later than 90 days after acceptance of such public work, whichever last occurs. No issue other than
I that of the liability of the contractor for the penalties allegedly forfeited and amounts due shall be
determined in such action, and the burden shall be upon the contractor to establish that the penalties
and amounts demanded in such action are not due.
Out of any money withheld or recovered or both there shall first be paid the amount due each work-
man and if insufficient funds are withheld or recovered or both to pay each workman in full the
money shall be prorated among all such workmen.
LABOR COMMISSIONER, STATE OF CALIFORNIA
Department of Industrial Relations
Division of Labor Standards Enforcement
28 Civic Center Plaza, Room 625
Santa Ana, Ca. 92701
(714) 558 -4155
• AWAROfNG 90VV%
F
L
OATS:
City of Newport Beach
P.O. Box 1768
Newport Beach, Ca. 92663
June 22, 1992
CONTRACT NuMEER
4 I . — G I
sum-CONTRACTOR
ORNRRAL CONTRAC1
(ingtnn
PROJECT NAME AND
NOTICE OF WAGES OWED
■I
!J
IN RELY. REPCR TO CASE Nu MEEK:
27PWO6324/179
Please Take Notice that the person(s) named on Exhibit "A ", attached hereto and made a part hereof,
have performed labor as stated on Exhibit "A" for the sub - contractor or general contractor, named above,
or other person(s) acting by your authority on the work of improvement in progress or being completed
at your property at the project shown above.
Total value of the labor so performed is the sum of $ _, and no payments have been made
for the foregoing labor except as indicated on Exhibit "A ", and there now remains due, owing and unpaid
$ 2-931 .19 after deducting all just credits and offsets. The labor was performed for and furnished
to the general contractor named above upon the project shown above.
This Notice is given pursuant to the provisions of Section 1727 of the Labor Code. You are hereby required,
pursuant to said section to withhold my and all payments yvhich are or hereafter may become due to the
contractor hereinabove named to the extent of the total claim as hereinabove shown:
Executed on
STA
M
Lydia Fulkerson
PW • 14 (01071
,19 92,at
Santa Ana
NOTICE OF INAOes OWED
, California.
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JUN 2 2 092
i
June 22, 1992
CITY COUNCIL AGENDA
ITEM NO. F•S
TO: Mayor and Members of the City Council
FROM: Public Works & Parks, Beaches & Recreation Departments
SUBJECT: ACCEPTANCE OF OASIS.IMPROVSMENTS.(HUMAN SERVICES
BUILDING) (C -2773)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clmwk
cowletion.
3. Authorize the City Clerk
days after the Notice of
recorded in accordance w
the Civil Code.
DISCUSSION:
.to file,- a,;tiotice:.of
to release the bonds 35
Completion has been
ith applicable portions of
The contract for the improvements to the OASIS Human
Services Building has been completed to the satisfaction of the
Public Works and Parks, Beaches and Recreation Departments.
The bid price was $753,150.00
.Amount of unit price items constructed 753,150.90
Amount of change orders
Total contract cost $837,942. 9
Fifteen Change Orders were issued. The first, in'the
amount of $14,500.56, provided for the construction of new sewer
and storm drain lines from Fifth Avenue to the new addition.; The
second, in the amount of $6,766.80, provided for excavation qnd
re- compaction under the building addition as requested by th#
Building Department. The third, in the amount of $8,116.07,.
provided for the installation of sinks, including water and drain
lines in three of the rooms in the new addition. The fourth; in
the amount of $3,601.75, provided for relocation of the main;
electrical feed for the existing facility. The fifth, in the
amount of $544.04, provided for a change in the irrigation system
materials as requested by the Parks Department. The sixth, in
the amount of $21,325.75, provided for the installation of fire
sprinklers in the existing portion of the building as requested
by the Fire Department shall. The seventh, in the amount of
$6,892.70, provided for the modification of the main steel beam
due to field conditions and the enclosure of the beam with
drywall. The eighth, in the amount of $1,070.00, provided for
the replacement of the deteriorated main entrance doors and the
enclosure of the
0
• Subject: Acceptance of OASIS
Building) (C- 2773)
June 22, 1992
Page 2
•
Improvements (Human Services
electrical panel. The ninth, in the amount of $1,397.75,
provided for connection of the on -site drain to the drain in
Fifth Avenue, miscellaneous electrical changes and additional
blocking nailing and straps. The tenth, in the amount of
$3,693.10, provided for the lowering of the entry ceiling to
match the existing and removal and replacement of water staiped
ceiling tiles in the stage area. The eleventh, in the amoun� of
$6,023.10, provided for covering the parking lot drainage inlet,
miscellaneous changes in the site work and access doors into the
attic spaces. The twelfth, in the amount of $3,005.91, provided
for repair of leaks in the existing roof in the area of the
stage, relocation of the existing trash enclosure and connection
of the roof drains to the underground drainage system. The
thirteenth, in the amount of $2,300.00, provided for a change in
the main electrical panel from 400 amp to 600 amp as suggested by
the Building Department, additional temporary power pole rental
time and adding dedicated circuits for the fire door curtains.
The fourteenth, in the amount of $2,915.05, provided for
installation of planter drains and re- connection of the existing
irrigation controller. The fifteenth, in the amount of
$2,629.81, provided for connection of the roll -up fire doors to
the smoke detector, installation of additional fire alarm
equipment and an upgrading of the fire alarm keypad, all as
requested by the Fire Department and covering of another parking
lot drain.
Funds for the project were budgeted in the Parks,
Beaches and Recreation Fund, Account No. 7035 - 4150001.
The contractor is Clayton Engineering, Inc. of Newport
Beach.
The contract date of completion was January 18, 1992.
The start of work was delayed while obtaining soils information
and the required re- compaction of the site. Extra work and
inclement weather further delayed the project. The work was.
substantially.completed at the time of the Dedication on April.
22, 1992. All work, including minor corrections, was completed
on June 100 1992.
Benjamin Nolan %rJ�M
Public Works Director
PD: so
Ronald A. Whitley
Parks, Beaches & Recreation Director
BY THE CCTV C" : March 9, 1992
CITY OF NEWPOF.T 6E,t:CH
CITY COUNCIL AGENDA
MAR "`'
ITEM NO. F -20 .
• I:: r_ B.A. 044
TO: City Council APPROVED
FROM: Public Works Department and Parks, Beaches and
Recreation Department
SUBJECT: OASIS IMPROVEMENTS (CONTRACT NO. 2773)
RECOMMENDATIONS:
1. Approve a budget amendment in the amount of
$35,500.00 from the General Pund Unappropriated
Surplus to Parks & Recreation Fund Account No.
7035- 4150001 (Oasis Improvements) to complete the
OASIS Improvement project (Contract No. 2773); and
2. Approve a transfer of $30,000.00 from Building
Excise Tax Fund Account No. 7275 - 4150002 (Oasis
Parking Lot) to Parks & Recreation Fund Account
No. 7035- 4150001 to complete the OASIS Improvement
• project (Contract No. 2773).
DISCUSSION:
The 1991 -92 budget contains appropriations for
improvements at the OASIS senior citizens center from the Parks &
Recreation Fund and the Building Excise Tax Fund, plus a
carryover from the 1990 -91 budget as follows:
1. OASIS Improvements
(Park & Recreation Fund Acct. 7072 - 4150001: $7770545.00
2. Reappropriation of prior years encumbrances
for architectural fees, Acct. 7072- 4150001: 16,993.72
3. OASIS Parking Lot
(Building Excise Tax Fund Acct. 7275 - 4150002: 35.000.00
Total available: $829,538.72
The 1991 -92 project costs are:
• Construction contract $ 7530150.00
Extra work orders 89,887.62
Soils testing (to date) 4,005.00
Professional fees (balance) 16,993.72
Blueprinting & Misc. 971.70
Subtotal $ 865,008.04
Shortfall $ 35,469.32
0 •
Subject: OASIS Improvements (C -2773)
March 2, 1992
Page 2
Extra work includes $3,750 reserved to raise the roof
of the carport 2 feet to accommodate buses; $10,000 reserved to
increase the size of the new electrical panel to allow future
expansion of the facility if required by the Building Department;
$21,321.75 for sprinklers in the existing building; and
$26,304.24 for repairs to the existing multi - purpose building;
construction of a new drain to replace an existing drain that ran
under the new addition; and a new sewer to serve three sinks that
were added in the first aid room, conference room and workshop ; -
The budget did not provide for fire sprinklers in the
new building addition; however, the contract included sprinklers
in the new addition. Later, it was necessary to install
sprinklers in the existing multi - purpose building at an
additional cost of $21,321.75. The total cost of sprinklers
exceeded $52,000.
Benjamin B. Nolan
Public Works Director
KIP: so
i
Ronald L. Whitl y
P.B. & R. Director
ro .: -_X4
:r
FEB 2 41992
• TO: City Council
FROM: Public Works Department
February 24, 1992
CITY COUNCIL AGENDA
ITEM NO. F -14
SUBJECT: OASIS Improvements (Contract No. 2773)
RECOMMENDATIONS:
1. Approve granting a 14' x 16' easement to the
Southern CalifogMA&Bdism Company over a portion
of the OASIS property for a transformer to serve
OASIS.
2. Authorize the Mayor and City Clark to execute the
Grant of Easement.
Construction of the new building addition at OASIS
required that the existing 12 RV transformer be relocated to
clear the new building. Attached is a letter from the Edison
Company stating that it will be necessary for the City to grant
the company an easement for the new location of the transformer.
The location of the proposed easement and the former
location of the transformer are shown on the attached sketch.
Benjamin B. Nolan
Public Works Director
KIP: so
Attachments
•
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AFI!
Southern Caiifomia Edison Company
0 80U ERN RE 10N
LAND BE WES DIVIMN
REAL►ROFER wAND
ADNDIIElRATNE BERM
City of Newport Beach
300 Newport Blvd
Newport Beach, CA 92663
Attention: Ken Pent'
300 NORTH STATE COLLEGE
SUITE 780
ORANGE. CALIFORNIA 9269849808
Dear Mr. Perry:
SUBJECT: Electric Service to The City of Newport 1
Located at Fifth Ave.
Our Work Order No. 6433- 2000 /11-2016
January 22, 1992
FF8 0 3 lyg2 .
TELEPHONE
(714)Oft�Y1
FAX
(714) OlP4772
7.
In response to your request for electric service, we will need an e`a liient to
permit the construction and maintenance of our facilities on your property.
The enclosed sketch shows the location of the proposed facilities.
Also enclosed are an original and one copy of a Grant of Easement. Please
sign the original document exactly as the names appear below the signature
line, have the signatures notarized, and return to me in the envelope
provided. The installation of facilities will be scheduled upon receipt of the
enclosed document. The duplicate easement and sketch are for your tiles.
Thank you for your cooperation in this matter. If you have any questions or
need additional information, please call me at (714) 939 -4740.
• MLM:mob
Enclosures
cc: ? ? ? ??
Sincerely,
Nzkz
MARTIN L. MAUCH
Real Properties Agent
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: July 31, 1991
(714) 644 -3005
SUBJECT: Contract No. C -2773
Description of Contract Oasis Improvements (Human Services
Effective date of Contract July ill 1991
Authorized by Minute Action, approved on 111422. 1991
Contract with Clayton Engineprino, Inc.
Amount of Contract $753,150.00
"94a6t' 4f 4e
Wanda E. Raggio p
City Clerk
WER:pm
Attachment
3300 N
Newport Beach
CITY CLERK
CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92659 -1768
until � 77� �Lapipp a�-m�"- on the�hday of ,tune 1991,
at whic t mew bids shall be opened and read for
OASIS IMPROVEMENTS (HUMAN SERVICES BUILDING)
Title of Project
C -7773
Contract No.
$77.5 ,nnn
Engineer's Estimate
� w
c`I LI F OR�1�
Approved by the CitX Council
this 8th day of Apr , 1991
Wanda E. Raggio .
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,
P. 0. Box 1768, Newport Beach, CA 92659 -1768.
For further information, call Ken Perry at 644 -3311.
Project Manager
0
PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
(REVISED MAY 20, 1991)
OASIS IMPROVEMENTS
(HUMAN SERVICES BUILDING)
CONTRACT NO. 2773
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the
location of the work, that he has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials and do
all work required to complete improvements at OASIS Senior
Citizens Center under this contract in accordance with the Plans
and Specifications (Drawing B- 5137 -S, consisting of 47 sheets of
plans and specifications), and the Special Provisions, and that
he will take in full payment therefore the following unit price
for the completed item of work, to wit,
ITEM ITEM DESCRIPTION TOTAL
NO. LUMP SUN PRICES WRITTEN IN WORDS PRICE
1. Lump Clear and grub; grade, remove and
Sum dispose of excess dirt, concrete,
asphalt and other materials; relocate
Edison Co. transformer; construct
Human Services Building; remodel existing
Multi- Purpose Building; construct
carport; irrigation system, parking
lot including pavement and pavement
striping; exterior hardscape landscaping,
curbs, walks, tile work; furnish and
install soil amendments, fertilizer, and
plant material; maintain plantings until
accepted as established.
Seven Hundred Thirteen
Thousand Six Hundred Fifty Dollars
and
No Cents $ 713,650.00
Per Lump Sum
0
BASE BID
(BID ITEM NO. 1):
Seven Hundred Thirteen Thousand Six Hundred
Fifty
ALTERNATE HID ITEMS
2. Lump
Sum
3. Lump
Sum
4. Lump
Sum
i
Dollars
and
Cents
Construct oak parquet floor in
existing multi - purpose room.
Thirty Thousand Two Dollars
un re and
No Cents
Per Lump Sum
Construct new folding partition
and partition pocket.in existing
multi - purpose room.:
Thirty Nine Thousand Dollars
_FTVe_Ru_n_d_r_e_a and
No Cents
Per Lump Sum
Paint exterior of all other
buildings on property to match
new construction.
Twenty Two Thousand Dollars
ive un re a and
No Cents
Per Lump Sum
Clayton Engineering, Inc.
Bidder A
Authorized Signature & Title
Steve M.Murow, Exec. U.P. /Sec /Treasurer
476125 A, B 7/31/91
Contractor's License No. & Classification
23011 Moulton Pkwy., #J -11, Laguna Hills, CA 92653
�✓ Mailing Address
(714) 380 -8161
Te
PR 1.2
$ 713,650.00
(FIGURES)
-A-9
Dat
$ 30,200.00
$ 39,500.00
$ 22,500.00
STATE OF CALIFORNIA Ss
COUNTY OF omxm
-----------------
- - - - - - - - - - -
CORPORATION ACKNOWLEDGMENT
Fwa Na 14 Rev, 742
ON ....... 9114Y_4 ........................... ............._............----° 1991., before me. the
undersigned, a Notary Public in and for said County and State, personally appeared
............... _ .... ......... ................ .... ...........
proved to me on the basis of satisfactory evidence to be the person....-. who
executed the within instrument as EX9CL1tiVe. Vim- ................. President, and
- . TM-M % /......... Secretary of the Corporation therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its By-laws
or a Resolution of its Board of Directors.
Notary's Signature..... 914 ......
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
CONTRACT NO. 2773
!10 --w a T
OASIS IMPROVEMENTS
(HUMAN SERVICE BUILDING)
NOTICE TO BIDDERS:
May 20, 1991
BIDDERS shall propose to complete Contract No. 2773 in accordance
with the Plans, Proposal, Contract Documents and Special
Provisions as modified by this Addendum No. 1.
A revised PROPOSAL fora, dated May 20, 1991, shall be used. The
revisions to the previous Proposal consist of combining all of
the first eight items of the original PROPOSAL that comprised the
Base Bid into one Bid Item No. 1. The three alternate bid items
have been re- numbered.
Please execute and date this Addendum No. 1 and attach it to your
bid proposal. No bid proposal will be accepted without Addendum
No. 1 being executed and attached thereto.
Kentfth L. Perry
Project Engineer
I have carefully examined Addendum No. 1 and hereby consent to it
being made a part of our proposal.
June 10, 1999
DATE
CLAYTON ENGINEERING, INC.
Bidder's Name
AuthorizeSignature
Steven M. Murow, V.P. /Sec /Treas
x
0 0
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
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 documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
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 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 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 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.
5/91
• 0
Page 2A
In accordance with the California Labor Code (Sections 1770 et
seg.), 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 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 inclusive).
The Contractor shall be responsible for insuring compliance
with provisions of Section 1777.5 of the Labor Code and Section
4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act."
All documents shall bear
authorized to sign on behalf of
signatures shall be of a coi
authorized by the corporation.
shall be of a general partner.
shall be of the owner.
signatures and titles of persons
the bidder. For corporations, the
- porate officer or an individual
For partnerships, the signatures
For sole ownership, the signature
476125 A, B Exp. 7/31/91
Contractor's License No. & Classification
Clayton Engineering, Inc.
Bidder
Date
5/91
Steven M. Murow, V.P. /Sec. /Treas.
STATE OF CALIFORNIA }SS
CIDUNTY OF ORANGE
OFFICHI NOTARY BEAL
JEANETTE A F6CERICO
NaryPdit— GRIMM&
ORANGE COUNTY
My Comm Expires OCT 19.199,
CORPORATION ACKNOWLEDGMENT
Form Na. 14 Wr. 789
ON-......4? 4y 24 ----------------------------- ---- ° °......-- °- °............. 1991.. before me. the
undersigned. a Notary Public in and for said County and State, personally appeared
..............r5. ...... Mr.. MU. 1'W...................................................................................
proved to me on the basis of satisfactory evidence to be the person...... who
executed the within instrument as PggeA tiye. Vim----- ------ - - - --- President. and
... Tr.ea9 ........ Secretary of the Corporation therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its By-laws
or a Resolution of its Board of Directors.
Notary's Signature -. `��.�fl .. ... ....l�,--.... -Pr
Page 3
DESIGNATION OF SUBCONTRACTORS)
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 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.
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.
1.
Subcontract Work
Concrete
Subcontractor
Bayside Concrete
Address
586 N. Batavia, Orange, CA 92668
2.
Lath & Plaster
Fitch Corp.
Laguna Hills, CA
3.
Masonry
Solid Rock Masonry
P.O. Box 263064, Escondido, CA 92026
4.
Roofing
Roof Engineering
2063 Newton, Corona, CA 91720
5.
Heating
Prestige Plumbing
13885 Alton Pkwy., Irvine, CA 92718
6.
Plumbing
Prestige Plumbing
13885 Alton Pkwy., Irvine, CA 92718
7_
Electrical
ADV Electric
8191 King Fisher Drive, HB, CA
8,
Insulation.
Tri -Star
591 Pioneer Avenue, Vista, CA 92083
9.
Finish Carp.
White Head
2245 Via Cerro, Riverside, CA 92509
10.
Fire Sprinklers '
Grinnell
1521 E. Orangethorpe Avenue, Fullerton
11.
Folding Partition
Advanced
Fullerton, CA
12.
Windows
LAD Glass
101#4 Artesia Pl. Bellflower CA 90706
Clayton Engineering, Inc.
B dder
CAaJ6A---,
Auth rized Signature /Title
Stev n M. Murow, V.P. /Sec. /Treas.
5/91
STATE OF CALIFORNIA
COUNTY OF ORANGE
OFFICMI NOTAIIV SEAL
JEANETTE A FEDEMCO
"awy pubft-
ORANGE COUNTY
My cesm Expires OCT 19.19W
F
CORPORATION ACKNOWLEDGMENT
F"M Na 14 Res, 7-82
}SS
ON ....... July- 2 ....-°------_.....••--°° ..... ............................... 1981., before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
Muraw
proved to me on the basis of satisfactory evidence to be the person...... who
executed the within instrument as !?. V ?ce' ................. President, and
. -- =- /......... Secretary of the Corporation therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its By -laws
or a Resolution of its Hoard of Directors.
Notary's Signature... ....... 62 ...... .G& .-fer. .
Subcontract Work
13. Painting
14. Flooring
15. Sheet Metal
16. Acoustical Ceiling
17. Carport
18. Wallcovering
19. Landscape
20. Off Site Concrete
21. Rolling Counter Fire
Door
Subcontractor Address
Wendt, 8600 Hamilton Avenue, Huntington Beach, CA
Floor Systems, 5130 E. Hunter Avenue, Anaheim, CA
R & J Sheet Metal, P.O. Box 9717, Fountain Valley, CA
G.C. Acoustic, 27635 Durazno, Mission Viejo, CA
MBANC, 724 Bansby Ct., Vista, CA 92084
Amidt, 1507 S. Pacific Drive, Fullerton, CA
Coast, 23011 Moulton Parkway, Laguna Hills, CA
Martinez Concrete, 920 W. Foothill Blvd., Azusa, CA
Overhead Door Company, Santa Ana, CA
i
CLAYTON ENG., INC. ape 4
BIDDER'S BOND '( U N - 7 1991
Bon 8Io107
KNOW ALL MEN BY THESE PRESENTS,
That we, Clayton Engineering, Inc. as bidder,
and Safeco Insurance Canpany of America as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Percent of Bid Amount---------- - - - - -- Dollars
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
' ailM.
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 to said City 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 contract documents for execution to the above bounden bidder by
and from said City, 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 individual,
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 6th day
of J" , 19-21 .
(Attach acknowledgement of
rney -in- Fact
T�0
Notary Public
Commission Expires, Oct. 19, 1994
By
Title
a1 er EnzineeriaF. Inc,
ALt orizenatl��iT__
Steven M. Murow, V.P. /Sec /Tress
c urance Can an of America
u re y
.Jeffrey R. Gryde. At nrri4Y-T➢cFaet
OFFO& NOTARY SEAM
JEANETTE A FEDEPACO
• "� Notay Public - Gs ibNa
•. • ORANGE WuNTY
Ay Come E4*46 JCt W19W
By
Title
a1 er EnzineeriaF. Inc,
ALt orizenatl��iT__
Steven M. Murow, V.P. /Sec /Tress
c urance Can an of America
u re y
.Jeffrey R. Gryde. At nrri4Y-T➢cFaet
ATTORNEY -IN -FACT ACKNOWLEDGMENT
State of California 1
Orange jSS.
County of J
r"E
OFRCfAL W)TARY SEAL
JEANETTE A FEDERN.O
Now) Pow — C81114"112
OMAWA COuuNTV
[xpv99 Qc' 19 199"
On this the 6th day of June tg�.
before me, the undersigned Notary Public, personally appeared
Jeffrey R. Gryde (name of attorney in fact),
%}Cpersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of Safeco Insurance Company of America (name of
person not appearing before Notary), the principal, and acknowledged to me
that he (he /she) subscribed the principals name thereto and
his (his /her) own name as attorney in fact.
WITNESS my hand and official seal.
NO. 2
71 0122 NATIONAL NOTARY ASSOCIATION . 29012 V&Merlk W4. • P. 0..6a14W-1A100SMC NH1, CA 9194
E
STATE OF CALIFORNIA l
�t SS
COUNTY OF Orange J
It
l:w NoOFFICIAL NOTARY SEAL
JEANETTE A FEDERICO
W a
r►RNk —CWOrI
CHANG E COUNTY
Y Comm Expires OCT 19.1994
j CORPORATION ACKNOWLEDGMENT
Pars Ne. 14 ar. 74t
June 101 1991
ON .................... ...... 19......, before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
Steven ow
proved to me on the basis of satisfactory evidence to be the person...... who
Exec. Vice
executed the within Instrument as ................... President, and
...................... Secretary of the Corporation therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its Sy -laws
or a Resolution I
Notary's
•POWER
OF ATTORNEY
SAFECO
KNOW ALL BY THESE PRESENTS:
OAFECO INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--- - - - - -- JEFFREY R. GRYDE; JEANETTE A. FEDERICO; San Clemente, California---- - - - - --
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 12th day of March _1991 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business. .. On any instrument making or evidencing such appointment, the signatures maybe affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of- attorney appointment is in full force and effect
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the fdre.96ing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney1s'sued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
6th June
this day of
CLAYTON EENG., ING.
,i tj w - 7 ilBl
NEC�tilE
51300 R5 3/65
19 91
PRINTED N Us A
*NCOLLUSION AFFIDAVIT • -Z-
State of Cali - fornia
as.
County of Orange
Steven M. Murow , being first duly sworn, deposes and says that he or
she is Fxpr-V.P. /Sec /Treas of CLAYTON ENGINEERING, INC. 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 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,, south 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.
CLAYTON ENGINEERING, INC.
Bidder
Auth rized Signature /Title
Steven M. Murow, V.P. /Sec /Treas
Subscribed and sworn to before me this 5th day of Jun' , 19 91.
My commission expires: October 19, 1994
OFFrA4L NOTARY SEAL
JEANETTE A FEDENIOo
NMiry Pttlb-
comm EXPW6 OWCT 1 9 '' CLAYTON ENG.. INC.
P; IV - 7 i991
F
•
C�
Page 6
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.
I
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
PLEASE SEE ATTACHED -
CLAYTON ENGINEERING, INC.
Bidder
I
5/91
Authorized Signature /Title
Steven M. Murow, V.P. /Sec /Treas
ROJECTS IN PROGRESS
May 1, 1991
City of Anaheim
ANAHEIM ARENA GRADING AND ANAHEIM ARENA PHASE it
$576,000.00
Overexcavation, Grading, Paving, 42" CMP Storm Drain, Building Wooden
Structures.
CONTACT: Charles Smith (714) 999 -5100
Hill Williams Development Company
ANAHEIM HILLS SUBDIVISION
$1,451,000.00
Perform Grading, Storm Drain, Sewer, Water, Utilities, Masonry, Crib Wall,
Surface Drainage, Concrete and Paving.
CONTACT: Richard Dickerson (714) 282 -2400
City of Huntington Beach
PACIFIC COAST HIGHWAY WIDENING
$1,502,000.00
Median Landscaping and Street Widening on Pacific Coast Highway.
CONTACT: Tom Blackburn (714) 536 -5430
MAIN STREET ALLEY IMPROVEMENTS
$487,000.00
Alley improvements, electrical and utility installation, water features.
CONTACT: Larry Taite (714) 536 -5430
City of Newport Beach
CANNERY VILLAGE STREET IMPROVEMENTS
$480,000.00
Street, Storm Drain and Water Improvements on Balboa Peninsula.
CONTACT: Steve Badham (714) 644 -3311
City of Costa Mesa
CANYON COMMUNITY PARK
$1,417,000.00
Parksite Development, Wood Structures, Grading, Drainage and Paving.
CONTACT: Dave Alkema (714) 754 -5300
CLAYTON ENGINEERING. INC.
Selected List of Completed Projects
URBAN WEST COMMUNITIES MIKE KAIZOJI MARK BROWN
520 Broadway Ste 100 Project Manager Gen. Superintendent
Santa Monica, CA 90401 (213) 3943379 (714) 538 -4293
PACIFIC RANCH, HUNTINGTON BEACH $1,600,000
Continual series of contracts for rough and fine grading, storm drain and sewer improvements, asphalt paving
and concrete improvements, erosion control and modification /corrective construction, and retaining wall backfill
of 20,000 CY
OCEAN POINTE PARTNERS
$704,000
Complete off -site development consisting of extensive overexcavation and contaminated soil handling, sewer and
water improvements, and street construction
PENINSULA I PARTNERS
$2,100,000
Complete Rurn -key' site development of 32 acres - 185 lot development at Seacliff Country Club in Huntington
Beach, including 250,000 CY of grading, storm drain, sewer and water improvements, street construction and
refurbishment for part of the goff course.
GREAT AMERICAN DEV. CO. LARRY BATHE
600 B Street Suite 700 Project Manager
San Diego, CA 92102 (714) 699 -3606
LOMAS LAGUNA $600,000
Series of contracts including removal and replacement of concrete, erosion control, striping, and sewer and water
improvements throughout 48 acre site. Work also included construction of 3 acre parksite with horsetrail
COUNTY OF ORANGE GEROLD SCHUBERT
EMA - CONSTRUCTION DIVISION SR. CIVIL ENGINEER
1152 E. Fruit Street (714) 567 -7837
Santa Ana, CA 92701
TRAFFIC SIGNAL AND ROAD IMPROVEMENTS AT PUSAN ROAD
AND IRVINE BLVD. - MCAS GUARDHOUSE STRUCTURE $412,000
Road widening at new intersection to facilitate new entrance into the EI Toro Marine Corps Air Station facility.
Project included construction of a guardhouse and traffic signal modification
CITY OF IRVINE
17200 Jamboree Road
P.O. Box 19575
Irvine, CA 92714
• i
ED ROZOK MIKE CHURCH
(714) 661 -6138 Engineer
(714) 660 -3791
COLLEGE PARK STORM DRAIN PHASE t $450,000
Extensive subdrain system including related storm drain improvements and construction of reclaimed water system
within existing residential streets
YALE AVENUE OVERCROSSING BIKE TRAIL $312,000
Bike trail improvement including grading, asphalt paving, concrete improvements, utility construction and
landscaping/irrigation
PACIFIC SCENE, INC. WAYNE GORANSON DENNIS FERDIG
1910 Orange Tree Lane Suite 300 Project Manager Vice- President
Redlands, CA 92374 (714) 745 -9785 (714) 798 -5555
LOMAS LAGUNA $1,500,000
Series of contracts for specialty grading around 48 -acre residential site. Backfilling of retaining walls, construction
of sewer manholes, lot pulls, and fine grading parkshe development
CREEKSIDE APARTMENTS
$320,000
Offsite development for apartment complex consisting of grading, wall backfill, subdrain and area drain
construction, street improvements and utility construction
BRYANT RANCH
$280,000
Street repair, concrete removal and replacement, wail and sewer line select backfill and grading
and export to complete project.
JOHN LAING HOMES
23382 Mill Creek Dr. Suite 105
Laguna Hills, CA 92653
THE WINDWARDS
DAN RULE
Project Manager
(714) 472 -6080
$201,200
Rough graded 15 -acre site (42 condo pads with terrace garages) including street grading, curb benches and rock
hauling and removal
2
THE IRVINE COMPANY LARRY WILLIAMS JEFFREY DEIS
IRVINE OFFICE & INDUSTRIAL CO. Project Manager Industrial Properties
2 Park Plaza (714) 720 -2236 (714) 720 -2248
Irvine, CA 92714
BECKMAN CENTER PHASE I IMPROVEMENTS $302,000
Construction of street improvements, storm drain system, rip -rap channel lining and utility infrastructure.
Implementation of Valued engineering` relating to potential overruns
CAMPUS ROAD WIDENING
$361,000
Widening of roadway adjacent to John Wayne Airport. Construction consisted of demolition of existing
improvements, traffic control, utility construction, signal modifications, grading, paving, and landscaping
STREET IMPROVEMENTS SPECTRUM ONE $536,000
Street and related construction development consisting of utility construction, asphalt paving and concrete
improvements
IRVINE COMMUNITY DEV. CO. FRANK CORDERO
550 Newport Center Drive Superintendent
Newport Beach, CA 92660 (714) 498 -9590
HICKS CANYON HAUL ROAD REALIGNMENT $423,000
Roadway realignment and reconstruction due to major landslide. Design and implementation of drainage devices,
grading, asphalt paving, storm drain, and crib wail construction
UNIVERSITY DRIVE EXTENSION
$470,000
Roadway widening, involving asphalt paving, concrete improvements, storm drain system and reinforced concrete
box culvert construction
UNIVERSITY TOWN CENTER GRADING
$417,000
Mass grading including clearing, remedial and rough grading, storm drain and sewer improvements on
development of thirty -five (35) acres
3
•
0
i>age 7-
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 of mailing
Notice of Award to the successful bidder:
PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13)
CONTRACT (Page 14)
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.
Payment and faithful performance bonds 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.
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 VIII (or larger) in accordance with the latest edition of
Best's Rey Rating Guide: PrORDIW- Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
except as
LZ
The Workers' Compensation insurance Certification shall be
executed and delivered to the Engineer along with a Certificate of
Insurance for workers' compensation prior to City's execution of
the Contract.
sit
0
EXECUTED IN FOUR (4) COUNTERPARTS
KNOW ALL MEN BY THESE PRESENTS, that-
9
Page .8
BOND NO: 5695837
PREMIUM: Included
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted July 22, 1991 has
awarded to CLAYTON ENGINEERING. INC. hereinafter
designated as the "Principal", a contract for
(Human Services Building) (Contract No. )In
the City of Newport Beach, in strict conformity with the Drawings
and Specifications and other contract documents in the office of
the City Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. C -2773 and the terms thereof require the furnishing
of a bond, Fr�oviding 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, CLAYTON ENGINEERING, INC.
as Principal, and Safeco Insurance CompanX of America
as Surety, are held f irmlv bound unto the City of Newport. Beach, in
the sum of AaNe$uAgpgge4; f }Jtg,"Npg 42HWgars ($ 753,1 50.00 )
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 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 /her subcontractors, fail to pay for any
materials, provisions, or other supplies, 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, 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.
5/91
%k
e
i
ai � • -
••
The bond shall inureIto` the benefit of any and all persons,
companies, and corporations entitled.to file claims under Section
3181 of the California Civil Code ad as to give aright 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 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:..-
the above named Principal and Surety, on the 24th daj_,�6f,
.Tilly
Clayton Engineering, Inc.
Name of Contractor (Principal) AAthorized S gnature /T tler' "Y
teven M. Murow, Exec. V.P. /Sec. /Treas. .
Safeco hw%wanoe cmmanv of America
Name of Surety
17570 Brookhurst
Fountain Valley, CA 92708
Address of Surety
NOTARY
S/91 .
OF
#W5��4��
o ze silt Signature - ..
Jeffrey R. Gryde, Attorney-in-Fact
(714f 498 -7211
Telephone -
ACID SURETY MUST 88 ATTACHED
�: ,mow
STATE OF CALIFORNIA }SS
COUNTY OF ORANGE
NOTARY SEAL N� TTETTE A FEDER40
ORANGE COUR M,ONVAAL
CRIME ENOW OCT 10.1m
CORPORATION ACKNOWLEDGMENT
Parm Na. N aw. 7J/3
ON ....... July,- 24 ---•-------•'•-°°• ....... ........- ............._....'--- 1991., before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
.............. S v a..M..r._MUZ .'.•..'..'.-°° ................................. ....... .................. .........
proved to me on the basis of satisfactory evidence to be the person...... who
executed the within instrument as b. Vim ................. President, and
... `, W e/....... Secretary of the Corporation therein named, and alcnowledged to
me that such Corporation executed the within instrument pursuant to its Bylaws
or a Resolution of its Hoard of Directors.
Notary's S4gnature ---- :�; ......
ATTORNEY -IN -FACT ACKNOWLEDGMENT
State of California 1
e
Or } SS.
County of � ))
OFFICIAL NOTARY SEAL
JEANETTE A FEDERICO
MMY Neap — oWMne
OI "Aff OWNTY
190* CVM EgMS OCT 19,1/1M
On this the24th day of July 19 91 ,
before me, the undersigned Notary Public, personally appeared
Jeffrey R. Gryde (name of attorney in fact),
[Zpersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of Safece Insurance CCUPMy of America (name of
person not appearing before Notary), the principal, and acknowledged to me
that he (he /she) subscribed the principal's name thereto and
hls (his/her) own name as attorney in fact.
WITNESS my hand and official seal.
NO, 2
nw �u NnllONla MUM •ieOrA TION • 2=2 V00m, e1w. • r.O.
NJ81
• POWER • SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
SMECO
No. 9392
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
-- - - - - -- JEFFREY R. GRYDE; JEANETTE A. FEDERICO; San Clemente, California---- - - - - --
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 12th day of March _1991 .
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, maybe
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 24th day of JulY '19 91 .
5 -1900 R5 3/96 ' PRIPM0 IN u.sA.
,EXECUTED IN FOUR ( COUNTERPARTS
Page 9
FAITHFUL PERFORMANCE BOND -BOND NO-: 5695837
KNOW ALL MEN BY THESE PRESENTS, That PREMIUM: $7,775.00
WHEREAS, the City Council o #'-the City of Newport Beach, State
of California, by motion adopted July 22. 1991 has awarded
to hereinafter designated as the "Principal ", a contract for
Oasis Im rouments H in the City of
Newport Beach, in strict conform ty with the Contract, Drawings and
Specifications and other contract documents in the office of the
City Clerk of the City of Newport Beach, all of which are
incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute
Contract No. C -2773 and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, CLAYTON ENGINEERING, INC.
as Principal, and Safeco Insurance Company of America
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of eveg„nXTPAe9i ;1�fttX,greg tthousarbbllars ($ 753,150.00,
said sum being equal to 100% of the estimated amount of the
contract, to be paid to the City or its certain attorney, its
successors, and assigns; for which payment well. and truly 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, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and
agreements in the Contract 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, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this Performance Bond, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is
required by bringing any action in law or equity 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 wise affect its
5/91
7
M
I
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 six (6)
months 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 execute -4 W
the Principal and Surety above named, on the q4t:h dad; :- ;
July , 19 91•
Clayton Engineering, Inc.
Name of Contractor (Principal) A thor zed S gnature /T s'
/ Steven M. Murow, Exec. V.P. /Sec.jTreas.,
/ Safeco Insurance Cawany of America
Name of Surety P'j rXzbd Agent Signature
17570 Brockhurst Jeffrey R. GYyde,.Attorney -in -Fact
Fo mtain Valley, CA 92708 {774) 498 -7217
Address of Surety Telephone =
S/91
OF CONTRACTM AM SUMM ]MST SE ATTACEED
" 4~
r
r
t .
ATTORNEY -IN -FACT ACKNOWLEDGMENT
State of California
Orange ) SS.
County of 1
[is OFFCAft NOTAIIV SEAL.
JEAMTTE A FIDE*"
OM►MOE COUNTY
W Cartm RJW* OCT 100
On this the2Ath_ day of July 19_47._,
before me, the undersigned Notary Public, personally appeared
Jeffrey R. Gryde (name of attorney in fact),
IB personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of Safeco Insurance CaManv of America (name of
person not appearing before Notary), the principal, and acknowledged to me
that he (he /she) subscribed the principal's name thereto and
his (his/her) own name as attorney in fact.
WITNESS my hand a„nd official seal.
NO. 2
7M 122 NATIONAI. NOTARY ASSOCIATION • 2WZ WnWm &A. • P.O. Ou 4W • WoOS" Rok. CA SIX4
STATE OF CALIFORNIA }SS
COUNTY OF ORANGE
ON ....... j 7.Y...2 .......................... ....................•--...---•. 101., before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
.............. 'StP .e?i -Ml-- w ................. ....... ... .... ................... _..................
OFMIAL NOTARY SEAL proved to me on the basis of satisfactory evidence to be the person...... who
NAMETTEAF CdbnO executed the within instrument as ��. Vim ................ . President, and
�Y►IAIlir— CaE1aRMa
O" Etw OUNTY _TPe.M, .. �� of the Corporation therein named, and aknowledged to
wow" Er�IRR OCT 1S,11M
me that such Corporation executed the within instrument pursuant to its By -laws
or a Resolution of its Board of Directors.
r CORPORATION ACKNOWLEDGMENT Notary's S6mture... .. 62t_...
Parma as 14 NOV. 7-09
• •POWER QAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
MFECO
No.
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
--- - - - - -- JEFFREY R. GRYDE; JEANETTE A. FEDERICO; San Clemente, California---- - - - - --
its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 12th day of March _1991
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed byfacsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"'On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 24th day of July _19 91
i
i
51300853/88
RBNTED R1 U.S.A.
A001UP.
INSURED
PACIFIC INSURANCE AGENCY
P 0 PDX 19279
IRVINE CA 92713
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
�....
LETTER COMPANY A
ETTE
RELIANCE INSURANCE CO
COMPANY
LETTER B CONTINENTAL INS
CLAYTON ENGINEERING
COMPANY C LETTER
_ ... .......... ....... .........
23011 MOULTON PWY #J11 COMPANY D
LH CA, 9265' LETTER CALIF COMPENSATION
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE 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. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LD TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
DATE (MMIDD/YY) DATE (MM /DDNY)
A GENERAL LIABILITY SJ 1654559
A. /JC ) 1/91 4/U 1 /92 GENERAL AGGREGATE Si f ( jO( )
.......... . �. -
X COMMERCIAL GENERAL LIABILITY
PRODUCTS -COMPIOPS AGGREGATE $1 f )f )[ )
CLAIMS MADE X OCCUR.
PERSONAL $ ADVERTISING INJURY: $1 f l(1( )
4 - -
..
OWNER'S A CONTRACTOR'S PROT.
.... ... . .....
EACH OCCURRENCE $1 1 f Il 1!_I
...... ... ..... ....... .... .. ..: ........ ..__ ...
FIRE DAMAGE (Any one fire) $50
.:.. ...
MEDICAL EXPENSE (Any one person) $2
B, AUTOMOBILE LIABILITY CBP6106799
... ....... _ .. ........ _
4/01/91 4/(11/92 COMBINED
X ANY AUTO
SINGLE S
LIMIT 1 000 .
ALL OWNED AUTOS
............ _, ... ........
BODILY
-
INJURY S
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY
X
NJURY $
NON OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY : $
DAMAGE .
j EXCESS LIABILITY
EACH AGGREGATE
OCCURRENCE.
$ $
OTHER THAN UMBRELLA FORM
D W1404956 4/61/91 4/01 /92 STATUTORY
WORKER'S COMPENSATION
$ : 1 1 C)00 (EACH ACCIDENT)
AND ... .. .................... .........
S' 110(-) O (DISEASE— POLICY LIMIT)
EMPLOYERS' LIABILITY S 1,(-)(-)0 " ""'' "' " "" "'
.. (DISEASE —EACH EMPl01
OTHER
,.,.... .. .. ....... ..... .......... ......... ...... ....
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
ENDORSEMENTS ATTACHED
*10 DAYS FOR NON PAYMENT OF PREMIUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL �� 1 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF NEWPORT BEACH LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
F' D BOX 17613 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR R NTATIVES.
NEWPORT BEACH CA 92659 -1769
AUTHORIZED REPRESENTATIVE �^
k;ATHLEEN JONES ' �/�
FROM CLAYTON ENG INC • 7.24. 1991 7 :� F 3
Page 11
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for General Liability, the City of Newport Beach, its officers
and employees are additional insureds, but only with respect
to liability arising out of operations performed by or on
behalf of the named insureds in connection with the contract
designated below or acts and omissions of the additional
insureds in connection with its general supervision of such
operations. The insurance afforded said additional insured(s)
shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall 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 liability of the
company affording coverage. ,
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 contained in the written contract designated below,
between the named insured and the City of Costa Mesa or 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.
S. The limits of liability under this endorsement for the
additional insured(s) named in Paragraph 1 of this endorsement
shall be the limits indicated below written on an "occurrence"
basis:
. (x) Commercial ( ) Comprehensive
General Liability $ 1,000,000. each occurrence
2,000,000.
aggregate
The applicable limit of Contractual Liability for the company
affording coverage shall be reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
9/91
FROM CLAYTON ENS INC •
7.24.1991 7116 F. 4
Page 11A
The limits of liability.as stated in this endorsement shall
not increase the total 'liability of the company affording
coverage for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as
applicable to General Liability insurance.
6. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 10 days' advance notice to the City of Newport Beach
by registered mail, Attentiont Public Works Department.
7. Designated Contract: Oasis I rove n s
Pro eo t e an Contract o.
C -2773
This endorsement is effective 7/25/91 at 12:01 a.m.
and forms a part of Policy No. SJ165 859 of R>'I.TnNCE INSURANCE COMPANY
(Company Affording Coverage).
insured: ENGINEERING
ISSUING COMPANY
By.
Authqi�rizsd Repro,. tat ve
KATHLEEN JONES
t
s nt 11
Endorsement No.:
'FROM CLAYTON ENG INC 7.24.1991 7107 P. S
' Page 12
AUTOMOBILE ?.TLATT.TTV TNSTMNCE ENDOR61211=
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for Automobile 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 said additional
insured(s) shall apply as primary insurance and no other
insurance maintained by the City of Newport Beach shall 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 liability of the company affording
coverage."
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 Multiple Limits
or Single Limit:
( ) Multiple limits
Bodily Injury Liability
Bodily Injury Liability
Property Damage Liability
( ) combined single Limit
Bodily Injury Liability &
Property Damage Liability
$ per person
$ per accident
1,000,000.
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage 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.
5/91
FROM CLAYTON ENS INC
f
7.24.1991 7t08
P. 6
Page 12A
4. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
s. Designated Contract: Oasis Improvements (Human Services Building)
Project Projedt Title and Contract Wo.
C -2773
This endorsement is effective 7/25/91 at 12101E
and forms a part of Policy No. CsPO6 of MMY
(Company Affording Coverage),
Insured: C2.AYTQN ENGINEERING
ISSUING COMPANY
5191
Endorsement No. :�`
r
i
.Page.13..
"I am aware, of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self - insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
Clayton Engineering, Inc.
Date Name of Contractor (Principal)
C -2773
Contract Number Au or zed Signature and Title
S even M. Murow, Exec. Y.P. /Sec. /Tress.
Oasis Improvements (Haman Services Building) C -2773
5/91
0
0
STATE OF CALIFORNIA }SS
,COUNTY OF ORANGE
OFFCft NOTARY W_AL
JEANETTE A FEDENgO
ORANOECOUNPv
i
CORPORATION ACKNOWLEDGMENT
Pam No. 14 Wv. 7JD
ON....... J�4y- 94 .................................. ....................... -....., 101., before me, the
undersigned, a Notary Public in and for said County and State, personally appeared
... - °......S- Mr.°-�--•' ....- "---- ------- - - - - -- ........................... ° __.............__...
proved to me on the basis of satisfactory evidence to be the person...... who
executed the within instrument as EScec#�W, Y:L ................. President, and
... "d....... Secretary of the Corporation therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its By -laws
or a Resolution of its Board of Directors.
Notary's SW3ature_90,1�C�v�!�~'E �..l�...x. �-
6
Sxsx � -�.
I
...c - M -.. -:
,STATE OF CALIFORNIA �SS
COUNTY OF ORANGE
OFi1C1AL NOTARY SEAL
JEANETTE A FEDERICO
►lore Walt — Calmom
;:,•' � r JRAMN COUNT
'y;�•a'sv My CnrT irpney OGT 191994
CORPORATION ACKNOWLEDGMENT
Porn No. 14 Aw. 7414
ON ... .... !; IIAY z4...--•-------------------------- ------ ......•- °--.............. 1991.. before Ine. the
undersigned. a Notary Public in and for said County and State, personally appeared
.... ....... ... ect m_M7-' - ...-•--.---.........._....°......•-'-•-'-•°-•---°-...................'--•----
proved to me on the basis of satisfactory evidence to be the person...... who
executed the within instrument as PW994W.A ...... President. and
... '1Xf<d:i. /....... Secretary a the Corporation therein named, and aknowledged to
me that such Corporation executed the within instrument pursuant to its By -laws
or a Resolution of its Board of Directors.
Notary's Signature-.
V
Page 14k
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)
Instructions to Bidders and
documents referenced
therein
(c)
Payment Bond
(d)
Faithful Performance Bond
(e)
Certificate of Insurance and
Endorsement(s)
(f)
Plans and Special Provisions
for Oasis Improvements
'Human Services Building)
C -2773
Title— of Project
Contract No.
(g)
This Contract
(h)
Standard Specifications
of Public Works
Construction (current Edition) and all supplements
4. Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss or
damage, injury and liability of every kind, nature and
description by reason of or arising out of the negligent
or willful conduct of the Contractor, his /her employees,
agents and subcontractors in the performance of the
Project, except such loss or damage caused solely by the
active 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 written above.
AS 70, FORM:
ATTEEESiST)):
C
CIJ�TY CLERK
SM
CITY OF NEWPORT BEACH
A Municipal Corporation
By: mayor = •^ ----��
Clayton Engineering, Inc.
Name of Contractor
A or zed Signature and T3 �o
Steven M. Murow, Exec. V.P. /Set.yTreas'.-
M1/
i 1
r
t
CITY OF NEWPORT BEACH.
PUBLIC WORKS DEPARTMENT
INDEX
OASIS IMPROVEMENTS
CONTRACT NO. 2773
SPECIAL PROVISIONS
SECTION
CONTENTS
PAGE
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . .
. . . 1
II.
COMPLETION, SCHEDULE AND PROSECUTION OF WORK .
. . . 1
III.
CONTRACTOR'S LICENSES . . . . . . . . . . . . . .
. . 2
IV.
PAYMENT . . . . . . . . . . . . . . . . . . . .
. . . 2
V.
LIQUIDATED DAMAGES . . . . . . . . . . . . . . .
. . 2
VI.
CONSTRUCTION SURVEYING STAKING . . . . . . . .
. . . 2
VII.
WATER . . . . . . . . . . . . . . . . . . . . . .
. . 2
• • SP 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DF#WRTMENT
SPECIAL PROVISIONS
OASIS IM$RtOVEMENTS
(HUMAN SERVICES BUILDING)
CONTRACT NO. 2773
I. SCOPE OF WORK
The work to be done under this contract consists of work to be
done at the OASIS Senior Citizens Center located at 800
Marguerite Avenue in Corona Del Mar. Work includes clearing
and grubbing; relocating the Edison Company transformer;
constructing an addition to the existing Multi- Purpose
Building; remodeling the existing Multi- Purpose Building;
constructing a carport; reconstructing and striping the
parking lot; constructing hardscape landscaping; installing an
irrigation system; planting and maintaining plant materials;
installing signage; and all other miscellaneous work necessary
to complete the work.
The Proposal contains alternate bid items that the City
may elect to include in the award of the contract. Each
bidder must submit a price for each of the alternate bid
items.
Determination of the lowest responsive bid shall be based on
the total price bid for the base bid. If the City elects to
include any of the alternate bid items in the contract, the
decision to do so will be made at the time the contract is
awarded. The amount of the bidders bond shall be based on the
total amount of the base bid.
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- 5137 -S consisting of 47 sheets of
plans and specifications), (3) the City's Standard Special
Construction, (1988 Edition) and 1989 and 1990 Supy
and (4) the Standard Specifications for Publi
Construction, (1988 Edition, including Supplements).
Copies of the Standard Special Provisions and Standard
Drawings may be purchased from the Public Works Department for
Five Dollars ($5.00). Copies of the Standard Specifications
may be purchased from Building News, Inc., 3055 Overland
Avenue, Los Angeles, California 90034, telephone
(213) 202 -7775.
SP 2 of 3
II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK
All work on this confl%6t, except plant maintenance, shall be
completed within 180 consecutive calendar days after award of
the contract by the City Council. The plant maintenance
period shall continue until the plantings have been accepted
as established by the City.
III. CONTRACTOR'S LICENSES
At the time of award and until completion of work, the
Contractor shall possess a General Engineering Contractor A
License, or a Building Contractor B License. At the start of
work and until completion of work, the Contractor shall
possess a Business License issued by the City of Newport
Beach.
IV. PAYMENT
A. The lump sum price bid for each item of work shown on the
proposal shall be considered as full compensation for
labor, equipment, materials and all other things
necessary to complete the work in place, and no
additional allowance will be made therefor.
Payment for incidental items of work not separately
provided for in the proposal shall be included in the
lump sum prices bid for other items of work.
B. The alternate bid for installing oak parquet flooring in
the existing multi - purpose room does not include the
dining area, game room, or the westerly 15' -9" of the
multi- purpose room.
V. LIQUIDATED DAMAGES
Liquidated damages of $ 100.00 per each calendar day shall be
charged per Section 6 -9 of the Standard Specifications. The
Contractor's inability to obtain materials or labor in a
timely manner to complete the specified work within these time
limits shall not be considered cause for an extension of time.
VI. CONSTRUCTION SURVEYING STARING
Field staking for control of construction shall be provided by
the Contractor.
VII. WATER
The Contractor may use City water that is available at the
OASIS site. The cost of any connections or extensions of the
water system necessary to provide construction water shall be
borne by the Contractor.
•
VII. REMOVALS
• SP 3 of 3
Pamement and unsalvageable materials that are removed shall
become the property of the Contractor and shall be disposed of
at the Contractor's expense in a manner and at a location
acceptable to the City. All costs for providing removal and
disposal shall be included in the unit price bid for other
items of work.
SECTION
I.
II.
III.
IV.
V.
VI.
VII.
0
CITY OF NEWPORT BEACH
PUBLIC GORES DEPARTMEN
INDBY
OASIS
CONTRACT NO. 2773
SPECIAL PROVISIONS
CONTENTS
•
k
SCOPEOF WORK . . . . . . . . . . . . . . . . . . . . 1
COMPLETION, SCHEDULE AND PROSECUTION OF WORK 1
CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 2
PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 2
LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 2
CONSTRUCTION SURVEYING STAKING . . . . . . . . . . . 2
WATER . . . . . . . . . . . . . . . . . . . . . . . . 2
• • SP 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMEN
SPECIAL PROVISIONS
OASIS IMPROVEMENTS
(HUMAN SERVICES BUILDING)
CONTRACT NO. 2773
I. SCOPE OF WORK
The work to be done under this contract consists of work to be
done at the OASIS Senior Citizens Center located at 800
Marguerite Avenue in Corona Del Mar. Work includes clearing
and grubbing; relocating the Edison Company transformer;
constructing an addition to the existing Multi- Purpose
Building; remodeling the existing Multi- Purpose Building;
constructing a carport; reconstructing and striping the
parking lot; constructing hardscape landscaping; installing an
irrigation system; planting and maintaining plant materials;
installing signage; and all other miscellaneous work necessary
to complete the work.
The Proposal contains alternate bid items that the City
may elect to include in the award of the contract. Each
bidder must submit a price for each of the alternate bid
items.
Determination of the lowest responsive bid shall be based on
the total price bid for the base bid. If the City elects to
include any of the alternate bid items in the contract, the
decision to do so will be made at the time the contract is
awarded. The amount of the bidders bond shall be based on the
total amount of the base bid.
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- 5137 -5 consisting of 47 sheets of
plans and specifications), (3) the City's Standard Special
Provisions and Standard Drawings for Public Works
Construction, (1988 Edition) and 1989 and 1990 Supplements;
and (4) the Standard Specifications for Public Works
Construction, (1988 Edition, including Supplements).
Copies of the Standard Specia
Drawings may be purchased from thi
Five Dollars ($5.00). Copies of
may be purchased from Building
Avenue, Los Angeles, California
(213) 202 -7775.
1 Provisions and Standard
Public Works Department for
the Standard Specifications
News, Inc., 3055 Overland
90034, telephone
0
0
SP 2 of 3
II. COMPLETION. SCHEDULE AND PROSECUTION OF WORE
All work on this contract, except plant maintenance, shall be
completed within 180 consecutive calendar days after award of
the contract by the City Council. The plant maintenance
period shall continue until the plantings have been accepted
as established by the City.
III. CONTRACTOR'S LICENSES
At the time of award and until completion of work, the
Contractor shall possess a General Engineering Contractor A
License, or a Building Contractor B License. At the start of
work and until completion of work, the Contractor shall
possess a Business License issued by the City of Newport
Beach.
IV. PAYMENT
A. The lump sum price bid for each item of work shown on the
proposal shall be considered as full compensation for
labor, equipment, materials and all other things
necessary to complete the work in place, and no
additional allowance will be made therefor.
Payment for incidental items of work not separately
provided for in the proposal shall be included in the
lump sum prices bid for other items of work.
B. The alternate bid for installing oak parquet flooring in
the existing multi - purpose room does not include the
dining area, game room, or the westerly 15' -9" of the
multi - purpose room.
V. LIOUIDATBD DAMAGES
Liquidated damages of $ 100.00 per each calendar day shall be
charged per Section 6 -9 of the Standard Specifications. The
Contractor's inability to obtain materials or labor in a
timely manner,to complete the specified work within these time
limits shall not be considered cause for an extension of time.
VI. CONSTRUCTION SURVEYING STAKING
Field staking for control of construction shall be provided by
the Contractor.
VII. RATER
The Contractor may use City water that is available at the
OASIS site. The cost of any connections or extensions of the
water system necessary to provide construction water shall be
borne by the Contractor.
sP;: �, of 3
vxx. RRMOVAUs
Pavement and unsalvageable materials that are removed shall
become the property of the Contractor and shall be disposed of
at the Contractor's expense in a manner and at a location
acceptable to the City. All costs for providing removal and
disposal shall be included in the unit price bid for other
items of work.
•
•
TO: City Council
July 22, 1991
CITY COUNCIL AGE
ITEM NO. F 9(h
FROM: Public Works Department and Parks, Beaches & Recreation
Department
SUBJECT: OASIS IMPROVEMENTS (HUMAN SERVICES BUILDING)
CONTRACT NO. 2773
RECOMMENDATIONS:
1. a. Allow Jevon Construction Co., Inc. to withdraw its bid
on the grounds that a clerical error was made in its
bid; and authorize the return of its bid bond; and
b. Make and adopt findings that the lowest monetary
bidder for Contract No. 2773, Jevon Construction Co.,
Inc., of Los Angeles, is not the lowest responsible
bidder in the sense the word "responsible" means
having the quality, fitness and capacity to
satisfactorily perform the work; and reject the bid of
Jevon Construction Co., Inc. (Suggested findings, are
attached to this memo, marked "Exhibit A"); and
C. Find that the bid of Jevon Construction Co., Inc. is
not responsive in that the bid bond did not meet the
contract requirements.
2. Award Contract No. 2773 to Clayton Engineering, Inc., in
the amount of $753,150.00 for the Base Bid and Alternate
Bid Item No. 2 (folding partitions in the existing multi-
purpose room).
3. Authorize the Mayor and City Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on June 12, 1991, the City Clerk opened and
read 12 bids for the subject contract:
Bidder
1. Jevon Construction Co., Inc.
Los Angeles, CA
2. Clayton Engineering, Inc.
Laguna Hills, CA
3. Now construction Corp.
Santa Fe Springs, CA
4. Varkel Construction, Inc.
Laguna Beach, CA
Total Bid
$569,426.00
$713,650.00
$727,000.00
$730,000.00
(3>
Subject: OASIS Improvements (Human Services Building) C -2773
July 22, 1991
Page 2
• Bidder Total Bid
5. Irvine Engineering $748,840.00
Irvine, CA
6. John R. Hundley, Inc. $757,813.00
Garden Grove, CA
7. JK- Palmer Construction Corp. $764,721.00
San Marcos, CA
8. GarRik Construction, Inc. $773,145.00
San Juan Capistrano, CA
9. Vienna /Vienna $796,000.00
Glendora, CA
10. K -W Western, Inc. $864,541.00
Irvine, CA
11. B.K. Construction $888,000.00
La Habra, CA
• 12. Barrett Development Corporation $999,489.00
Laguna Beach, CA
Engineer's Estimate $725,000.00
The lowest monetary bid for the Base Bid (Devon Construction
Co.) is 21% under the Engineer's Estimate. The second lowest bid
(Clayton Engineering, Inc.) is 2% under the Engineer's Estimate.
Jevon Construction Co., Inc. is properly licensed, holding
current Class "A" and "B" contractor's licenses issued by the State
of California. However, his bid bond is not from a company on the
"Treasury List" or the list of the Insurance Commissioner of the State
of California; and there are several other problems with the Jevon
bid.
The staff recommends that the contract not be awarded to
Jevon for several reasons (a copy of a memo from the City Attorney
regarding award of the contract is attached for reference). These
reasons are listed below:
•
1. Jevon has submitted a letter to the City together with
back -up information stating that he made a
clerical error in his bid, and requesting permission
to withdraw his bid and have his bid bond returned.
A clerical error is sufficient reason to be allowed to
withdraw a bid; whereas an error in judgement in which
a contractor submits a bid that is too low is not
grounds for being allowed to withdraw.
Subject: OASIS Improvements (Human Services Building) C -2773
July 22, 1991
Page 3
• The information submitted, together with the fact that
the bid is so far below the average of the second and
third lowest bids lends credence to the claim that a
clerical error has in fact been made. It is
recommended that the contractor be allowed to withdraw
his bid and have his bid bond returned.
2. Of the three experience and qualifications references
that are listed, only one could be independently
verified. Mr. Bruce Hakimi stated that Jevon had
satisfactorily completed a nine -unit apartment
building for him in 1990. No telephone number was
listed for a Mr. Sharaf for whom a nine -unit apartment
building had been constructed in 1989. The telephone
of Mr. Bral for whom a home had been remodeled in 1991
was disconnected. The contractor has not demonstrated
that he has experience in public works construction,
nor has he successfully completed projects of the
complexity of the OASIS improvements.
3. Only four subcontractors are listed: for asphalt;
carpeting, tile, wall coverings and woodwork; roof;
• and plastering. A contractor with a Class B license
may do the rest of the work required by the contract
under his licenses; however, it has not been
demonstrated that Jevon can satisfactorily perform all
of the work required by this contract with his own
forces, including designing and installing a fire
sprinkler system.
4. The bid bond does not meet the City's requirement of
being issued by a company on the "Treasury List" and
the list of the Insurance Commissioner of the State of
California.
The second low bidder, Clayton Engineering Inc., is a
properly qualified contractor that has successfully performed contract
work for the City of Newport Beach and for other public agencies.
The Human Services Building is an addition to the existing
Multi- Purpose Building which will consist of a lobby, administrative
offices for the staff, and offices for the Friends of OASIS. The
garden plots have previously been relocated. The subject contract
consists of constructing the Human Services Building; a carport for
four vans; a larger parking lot; and modifying the existing Multi -
Purpose Building so that it can be used for a number of functions
simultaneously. The new addition and the existing Multi- Purpose
Building will have a fire sprinkler system.
Construction funding of $812,545 comprises $777,545 from the
Parks & Recreation Fund (Account 10- 7997 -098); and $35,000 from the
Building Excise Tax Fund (Account 27- 7997 -336). Upon completion of
the project State Bond Funds in the amount of $212,000 will reimburse
the Parks & Recreation Fund.
0 0
Subject: OASIS Improvements (Human Services Building) C -2773
July 22, 1991
Page 4
• The project budget is as follows:
Design fees $ 60,000.00
Relocating Garden Plots (completed) 65,000.00
Construction contract (Base Bid only) 713,650.00
Contingencies (6% of $713,650) 46,350.00
Subtotal $ 885,000.00
The prices bid by Clayton Engineering, Inc. for three
alternative bid items are:
1. Oak Flooring in existing Multi- Purpose
Building: $ 30,200.00
2. Folding partitions in existing
Multi- Purpose Building: 39,500.00
• 3. Paint exterior of existing buildings: 22,500.00
It would be possible to add one of the additive bid items
to the contract; however, that would involve the risk that contingent
and miscellaneous costs might cause the project cost to exceed
available appropriations. A decision can be made at a later date if
costs permit consideration of one of the additive bid items.
The plans were prepared by the Blurock Partnership, of
Newport Beach. The estimated date of completion is January 17, 1992.
The location of the various elements are shown on the
attached sketch. A full set of drawings will be on display in the
City Council's Conference Room.
jn� �-, 2, a
• Benjamin B. Nolan
Public Works Director
KLP:so
Attachments
Ronald A. Whitley
P.B.& R. Director
0
0
A. The references provided by Jevon do not relate to projects
which constitute experience in constructing facilities
equivalent in complexity to the OASIS improvements.
B. The list of subcontractors contained only four
subcontractors. The holder of a Class "B" General Budding
Contractor license may perform any of the building
specialties with its own employees; however, from the
documentation submitted to the City, it cannot be
determined that Jevon Construction Co., Inc. has the
ability to construct with its own forces plumbing,
electrical, sheet metal construction work; and to design
and construct with its own forces a complete fire
protection system.
• C. The fact that it is difficult to reach the contractor by
telephone during normal working hours, and the
incompleteness of the contract document submittals
indicates that the contractor does not have the well -
organized office necessary to construct a project of the
nature of the OASIS improvements, which may make it
difficult for the City to secure compliance with contract
requirements.
D. Jevon Construction Company, Inc. has submitted .a letter
requesting that the firm be relieved from the contract,
which would tend to indicate that they are not interested
in and may not be capable of performing the work.
EXHIBIT "A"
•
FINDINGS FOR DETERMINATION THAT
JEVON CONSTRUCTION CO.,
INC..
IS NOT THE LOWEST RESPONSIBLE
BIDDER AND SUPPORTING
AWARD
OF CONTRACT 2773 TO
THE NEXT LOW BIDDER
•
The experience references provided
by Jevon Construction
Co., Inc. do
not establish that the contractor has the quality,
fitness and
capacity to satisfactorily perform
the work required by
Contract
No. 2773 in that:
A. The references provided by Jevon do not relate to projects
which constitute experience in constructing facilities
equivalent in complexity to the OASIS improvements.
B. The list of subcontractors contained only four
subcontractors. The holder of a Class "B" General Budding
Contractor license may perform any of the building
specialties with its own employees; however, from the
documentation submitted to the City, it cannot be
determined that Jevon Construction Co., Inc. has the
ability to construct with its own forces plumbing,
electrical, sheet metal construction work; and to design
and construct with its own forces a complete fire
protection system.
• C. The fact that it is difficult to reach the contractor by
telephone during normal working hours, and the
incompleteness of the contract document submittals
indicates that the contractor does not have the well -
organized office necessary to construct a project of the
nature of the OASIS improvements, which may make it
difficult for the City to secure compliance with contract
requirements.
D. Jevon Construction Company, Inc. has submitted .a letter
requesting that the firm be relieved from the contract,
which would tend to indicate that they are not interested
in and may not be capable of performing the work.
EXHIBIT "A"
•
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
July 12, 1991
TO: Ben Nolan, Public Works Director
FROM: Robert H. Burnham
SUBJ: Contract No. 2773
Based upon your Memo dated July 1, 1991, your proposed award
of contract number 2773 to the second low bidder is justified for
the following reasons:
1. Bidder has requested relief: The facts outlined in the Memo
• are sufficient to justify Council approval of the bidder's
request for relief. To grant the request, the Council must
find that: (a) a mistake was made; (b) the bidder gave us
notice of the error within five days after bid opening; (c)
the mistake made the bid materially different than intended;
(d) the mistake was not due to an error in judgment or
carelessness in inspecting the site or plans.
The documents submitted by the bidder tend to confirm their
contention that the bid from the electrical subcontractor was
not correctly recorded on the worksheet they used to formulate
the amount of their bid. The worksheet appears authentic as
does the written proposal from Gad Electric. The mistake by
the bidder is even more understandable given the absence of
qualified personnel employed by the contractor. The Council
must make the findings for relief described in this Memo and
they could be incorporated as Exhibit "A -1."
2.
Bidder is not responsible.
The facts
also appear to support
a finding that
Jevon Construction
is not the lowest
responsible bidder. The findings
incorporated in your
•
proposed Memo to
the Council could also refer to the Jevon
letter requesting
relief - -a request
that is generally not
submitted when a
contractor is interested
and capable of
performing the work.
3. Bid is not responsive. In my opinion, the Council could also
determine that the bid submitted by Jevon was not responsive
to the instructions. The instructions to bidders requires,
•
Ben Nolan, Public Works Director
July 12, 1991
Page Two.
among other things, the submittal of a bond "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 surety that executed Jevon's bid bond does not
appear to qualify under either criteria. Moreover, Jevon's
bid is executed (I think) by the secretary of the corporation.
In many cases, the secretary of the corporation is not
authorized to execute contracts and you may want Jevon to
confirm or deny this individual's authority.
Robert H. Burnham
•City Attorney
RHB:kmc
•
- j f V Q N 0 0 1 1 1 .
CONSTRUCTION 1920 SOUTH .LA CIENEGA BLVD. SUITE 206
co. xrrc. LOS ANGELES CA. 90034 (213) 600 736
June 14,1991 RECEIV��
CITY COuNCil lciry oC n/Ew b
PRT r3EAcH � 1 91
3300 Newport Blvd.
P.O.Box 1768
New Port Beach Ca. 92659 -1768
$
_ ._—
Re: Oasis Senior Citizen Addition/ Bid Withdraw
Gentlemen;
It is requested that the low bid submitted by Jevon Construction
Co., Inc. be withdrawn due to mis communication between my staff and
sub- contractor (electrical) which resulted to such difference of
One Hundred Thousand Dollars ($100,000.00).
Please do not hesitate to contact this office should you have any
questions, also this matter was discussed with Mr. Ken Perry in
detail.
Sincerely,
Mehrdad Tal6ar
Cate A:ZZ4
c
G 'I -V
p: ayAr
13 � .• itlmett P
at�eger �
i7 Piiirj• Dir.
p [t city DiT.
p , , & Rr Dir.
E3 pW-1 Chh ief
p
W. .a
p Other
LICENSE # S 9 7 9 S 4
BONDED AND INSURED
•
•
•
TO: City Council
FROM: Public Works Department
April 8, 1991
CITY COUNCIL AGENDA
ITEM NO. F -12
SUBJECT: HUMAN SERVICES BUILDING AT OASIS (C -2773)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for "<a..o1w.
Q06A84 " lI.An L M nn 7n nG� �1. +nnt
DISCUSSION:
The 1990 -91
three year plan to fii
contemplates carrying
an additional 1991 -92
Recreation Fund. The
State bond funds.
budget contains the second appropriation in a
Lance Improvements at Oasis. The plan
over previous appropriations to 1991 -92, plus
appropriation of $350,000 from the Parks and
1991 -92 appropriation includes $212,000 of
The total financing package of $885,000 comprises
$638,000 from the Parks & Recreation Fund; $35,000 from the
Building Excise Tax Fund; and $212,000 from State bond funds.
Plans and specifications have been completed, and the
garden plots have been relocated by City forces to clear the
construction site. The schedule calls for the contract to be
awarded on July 8, 1991, the first Council meeting in the 1991 -92
fiscal year.
The project consists of constructing new garden plots;
constructing the Human Services Building, a carport for four vans,
and a larger parking lot. The existing Multi- Purpose Building will
be modified so that it can be used for a number of functions
simultaneously. The Human Service Building is an addition to the
existing Multi- Purpose Building containing a lobby, administrative
offices for the staff, and offices for the Friends of Oasis. The
garden plots have already been relocated.
The project budget of $885,000 is as follows:
Design fees $ 60,000.00
Relocating Garden Plots (completed) 65,000.00
Construction contract 725,000.00
Contingencies (5%) 35.000.00
Subtotal $ 885,000.30
0y)
Subject: Human Services Building at OASIS (C -2773)
April 8, 1991
Page 2
• The plans were prepared by the Blurock Partnership, of
Newport Beach. The estimated date of completion is January 17,
1992.
The location of the various elements are shown on the
attached sketch. A full set of drawings will be on display in the
Council's Conference Room.
Benjamin B. Nolan
Public Works Director
KLP:so
Attachment
•
•
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AQM1 June t1. 1963
STATE OF CALIFORNIA
County of Orange
1 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 below entitled matter. I am a
principal dark of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that
attached Notice is a true and complete copy as
was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain
Valley, Inrirte, the South Coast communities and
Laguna Beach issues of said newspaper to wit
the issue(s) of:
April 11, 15, 1991
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executec#an April 15 tg91
at Costa Mesa California.
Signature
e-
�,1 t
PROOF OF PUBUCAII�N_ .