HomeMy WebLinkAboutC-2836 - Jail RemodelingCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
February 8, 1993
(714) 644 -3005
Adams /Mallory Construction Company
740 S. Van Buren, Unit #A
Placentia, CA 92670
Subject: Surety: Great American Insurance Company
Bond No.: 7278772
Contract No.: C -2836
Project: Jail Remodeling (Newport Beach Police
Department)
The City Council of Newport Beach on January 11, 1993, accepted the
work of subject project and authorized the City Clerk to file a
Notice of Completion and to release the bonds 35 days after the
Notice has been recorded in accordance with applicable portions of
the Civil Code.
The Notice was recorded by the Orange County Recorder on January
21, 1993, Reference No. 93- 045033.
Sincerely,
Wanda E. R
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
I
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk ��,`//r �..
Cit ofwNpe (Srz Beach
Newport Beach, CA 92663
93-045033
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
1:15 JAN 2 11993
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NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and CA 92670
Adams /Mallory Construction Company, 740 S. Van Buren, Unit #A, Placentia, as
Contractor, entered into a Contract on February 7, 1992
Said Contract set forth certain improvements, as follows:
Jail Remodeling (Newport Beach Police Department) (C -2836) - located in
the City of Newport Beach, County of Orange, at 870 Santa Barbara Drive
Work on said Contract was completed on October 22, 1992
and was found to be acceptable on January 11, 1993
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Great American
Insurance Company, P.O. Box 5440, Orange, CA 92613 -5440
BY ` 0. a
is WorKs Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
Executed on / 1��J �T,L�9_ , at
Newport Beach, Calidernia.
BY i er
Y
io
F-4
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COUNCtI
JAN 1 1 1993
4
January 11, 1993
CITY COUNCIL AGENDA
ITEM NO. 12
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: ACCEPTANCE OF NEWPORT BEACH POLICE DEPARTMENT JAIL
REMODELING (C -2836)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of
Completion.
3. Authorize the City Clerk to release the bonds 35
days after the Notice of Completion has been
recorded in accordance with applicable portions of
the Civil Code.
The contract for the remodeling
Police Department Jail has been completed
the Public Works Department.
The bid price was
Amount of unit price items cons
Amount of change orders
Total contract cost
of the Newport Beach
to the satisfaction of
$198,076.00
tructed 198,076.00
52,817.63
$250,873.63
The original contractor for the project never started
work and surrendered his bid bond. The project was subsequently
re -bid nearly four months later and the present contract awarded.
In an effort to reduce further delay, the City purchased the
security doors and hardware directly from the supplier and
furnished these items to the contractor for installation. The
supplier, one of very few in the country, failed.to provide the
materials on a timely basis resulting in certain of the extra
costs noted below.
Six Change Orders were issued. The first, in the
• amount of $5,280.38, provided for installation of conduit and
outlets to accommodate the video surveillance system. The
second, in the amount of $452.73, provided for the installation
of a water isolation valve in order to continue service to the
building during remodeling. The third, in the amount of
$16,142.14, provided for revision of the floor grades in the
receiving area, addition of a storage room under the front entry
ramp, a change in the ramp lighting and miscellaneous electrical
changes. The fourth, in the amount of $3,264.28, provided for
Jail Remodeling (C -2836)
Subject: Acceptance of Reeky
January 11, 1993
Page 2
replacement of carpeting in the jailer's office and the re-
mobilization cost of the of the masonry subcontractor due to the
late delivery of the door frames. The fifth, in the amount of
$7,161.91, provided for the replacement of three bollard lights
in the front parking lot, structural changes to the front entry
ramp and installation of call buttons in the receiving area. The
sixth, in the amount of $20,051.23, provided for repairs and
modifications to the City furnished security doors and frames and
compensated the contractor for overhead and office expense
resulting from late delivery of the City furnished security doors
and hardware. The seventh, in the amount of $444.99, provided
for corrections to the existing electrical panel as requested by
the Building Department.
Funds for the project were budgeted in the General
Fund, Account No. 7012 - 1820003.
The contractor is Adams /Mallory Construction Company,
Inc. of Placentia.
The original contract date of completion was June 24,
1992. Due to extra work and delays in hardware delivery, the
work was not completed until October 22, 1992.
Benjamin B. Nolan
Public Works Director
PD: so
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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: March 10, 1992
(714) 6443005
SUBJECT: Contract No. C-2836
Description of Contract Jail Remodeling
Effective date of Contract —February 7. 1992
3- /e) -y2.
Authorized by Minute Action, approved on Jahtmry 27, 1992
Contract with Adams/Mallory Const. Co., Inc
Address 740 S. Van Buren, Unit I/A
Placentia, CA 92670
Amount of Contract $198,076.00
"14a6'
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
.LERK
. - : CITY .G
PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
(Revised December 3, 1991)
JAIL REMODELING
CONTRACT NO. 2836
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 this Contract No. 2836 in
accordance with the Plans (Drawing No. B- 5136 -S, consisting of 14
sheets), Specifications and Special Provisions, and that he will
take in full payment therefore the following lump sum price for
the completed items of work described therein:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
BASE BID
1. Lump Sum
BASE BID
One Hundred Ni
Remodel Jail for the lump
sum price of:
@ One Hundred Ninety One Dollars
thousand Light Hundred and
Seventy Six dollars 00 /1000ents
One Thousand Eight Hundred
00/100
TOTAL PRICE BID FOR BASE BID
(WRITTEN IN WORDS)
Dollars
and
Cents
$ 191,876.00
$ 191,876.00
TOTAL BID PRICE
(FIGURES)
PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
ALTRRNA BID ITEMS
2. dump Sum Furnish & install acoustic
the ceiling, for the lump
sum price of:
One Thousand Five Hw,ndred Dollars
and
00 /100 Cents $ 1.sno.no
3. Lump Sum Furnish & install carpet, for
the lump sum price of:
Two Thousand Five Hundred Dollars
and
00 /100 Cents $29500 -on
4. Lump Sum Furnish & install vinyl flooring,
for the lump sum price of:
Two Thousand Two Hundred Dollars
and
00 /100 Cents $ 2,20n -nn
426516 A/B
Contractor's License
No. & Classification
(714) 632 -3044
Bidder's Telephone No.
Adams /Mallory fnnst. Cn., Inc.
/ihomas J. Lavia, Manager
7 0 S. Vdn Rnren� Unit. #A Placentia, CA 42670
Bidder's Address
I declare under penalty of perjury that all representations made
above are true and correct.
Date: a� ` N ��! Bidder
Adams /Malloryl26nst., Co., Inc.
* Effective January 1, 1990, Business and Professions Code
Section 7028.15 provides that any bid not containing the above
requested information, or a bid containing information which is
subsequently proven false, shall be considered non - responsive and
shall be rejected.
•y • • •
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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
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Page 2A
In accordance with the California Labor Code (Sections 1770 et
seq.), the Director of Industrial Relations has ascertained the
general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type
of workman or mechanic needed to execute the contract. A copy of
said determination is available 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 Apprenticeship
requirements 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
426516 A/B
Contractor's License No. & Classification
H
u R1 I m7mr. ,
..-
InOmas J. Lavia, Manager
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor 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
Electrical
Subcontractor
G.D. Electrical
Address
Morba Linda
2,
Plumbing
Verne's Plumbing
Buena Park
3,
Demo
Skaggs Concrete
Orange
4.
Masonary
Ramierez Masonary
Azusa
5,
Plaster
RSPC
Mira Loma
6.
Flooring
Facuitec
Irvine
7.
ACT
LB Acoustics
Long Beach
s.
Cabinets
Compare Custom Cabinets
Anaheim
9.
Ceramic Tile
Contiental Tile
Ontario
10.
Glass
LAD Glass
Bellflower
11. Fire Protection AAA Canyon Country
12. HVAC
Environmental Control
Adams /Mallory Const., Co., Inc.
Bidder
Thomas J. Lavia,
s /91
. • „Hi::i ... `,aFfi'C nti lSSy2P,i: ^.. ir. L';l I'-0Fn r<v
GtE AIVERICAN INSURANCE COMPANY
The number of persons authorized by
this power of attorney is not more than No. 013302
FIVE wPOWEROFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and
existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named
below its true and lawful attomey -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and
all bonds, undertakings and contracts of suretyship, or other written. obligations in, the nature thereof: provided that the liability of the said
Company on any such bond, undertakingor contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L- CULBERTSON, ALL. OF, ALL
LINDA L. CULBERTSON ANAHEIM, UNLIMITED
CHARLES L. FLAKE CALIFORNIA
DIANA LASKOWSKI m
KAREN CHANDLER
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of December . 19 91
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss
GREATAMERICAN INSURANCE COMPANY
On this 19th day of December, 1991 , before me personally appeared WILLIAM J. MANEY, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of
his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
.r
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company by unanimous written consent dated August 20, 1979.
RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute in behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe thew respective duties
and the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile
to any power of attorney or certificate of either given for the execution of any bond, undertaking- contract or suretyship, or other
written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATION
1, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing
Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and
effect.
Signed and sealed this 24TH day of DECEMBER '19 91
S 1 n7QM /M Boni
''. • BIDDER1 S BOND
BONDS 6138350
KNOW ALL MEN BY THESE PRESENTS, PREMIUM -NIL
That We, ADAMS /MALLORY CONSTRUCTION CO., INC. as
bidder, and , as
Surety, are held and firmly bound unto the y of ewpor Beaahjf
California, in the sum of TEN PERCENT OF AMOUNT BID Dollarls
0 10% ) , lawful money of the United States forte paymenC
of which sum well and truly to be made, we bind ourselves) jointl!'
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 I co
(Title of Project an Contract No.) in the City of Newport Beac ,
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) after the date of the mailing Notice
of Award to the above bounden bidder by and from said City, then
this obligation shall become null and void; otherwise it 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 obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
24TH day of DECEMBER 19 94
i
ADAMS /MALLORY CONSTRUCTION CO., INC. BY: y
Bidder (Attach Acknowledgment Authorized S a uta T 3fe;
Of Attorney -In -Fact) Thomas J. Lavia. Manager,
Notary Public
commission Expires:
5191
GREAT AMERICAN INSURANCE COMPANY
SURETY
i
DIANA LASKOWSKI
ATTORNEY -IN -FACT
's
' State of CALIFORNIA On nFrEI4RFR 24, 1991 before me, the undersigned,
ss a Notary Public of said county and state, personally appeared
r County of ORANGE
nTAUA t,ASKnWSKT
personally known to me to be the Attornry-in -Fact of
GREAT AMERICAN INSURANCE COMPANY
,
the Corporation that executed the within instrument, and known
FFICIAL SEAL to me to be the n who executed the said instrument on
EN CHANDLER person
PUNC- CallforNa behalf of the Corporation therein named, and acknowledged to
fftm:AYCOMMISSICY NGE COUNTY me that such Corporation executed the same.
Exques rch 27. 1992 , /
NOTARY PUBLIC
• • Page 5
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of orange )
Thomas J. Lavia being first duly sworn, deposes and
says that he or she is Managerr of o.,Inc
the party making the foregoing bid; that the bi i ao made in the
intszesL• o£, or on behalf of, any undisclosed person, partnership,
coml.any, association, organization, or corporation; that the bid is
geruine 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.
I declare under penalty of perjury t 10 t the forego g is true
and correct.
amc� Jnllnrjr CQP6# Ge
Bidder — s=nc .
CL >271. Zip �� -c..t
Authorized Signature /Title
Thomas J. Lavia , Manager
Subscribed and sworn to before me this kq? day of ,
19?_2.
Notary Public
My Commission Expires:
5191
(SEAL)
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Calitomia
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UNTY 1 E�Ires , 1993
m
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.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
1991 Bldg. 602, U.S. Air Force SSGT Ellison (714) 655 -4331
1991 Weightroom Addition
ll.S_ Navy Hprh Harman (213) S47 -f,R7F
Corp. Maint. Yard
1991 City of Carson 6pnrgp Shiilt7 P F (213) Rln- 76(1(1
Ashiya Park
1991 City of Montpbpllo Pilar Alrivar (213) RR7 -7977
Aloha School
1991 ARC Unified School (list. Margo landress (913) Q26-55FF
Adams /Mallory Const., Co., Inc
Bidder
5/91
•
�t%YN Gw�� /
Authorized nature/ itl
Thomas J. Lavia, Manager
•
AGAMB/MALLORY
CM102ANY, INC.
740 S. VAN BUREN #A
PLACENTIA, CA 92670
(714) 632 -3044
LIST OF REFERENCES
ADAMS /MALLORY CONST. CO., INC.
Dept. of The Navy
Repairs and Alterations to Bldg. 59
Seat Beach Naval Weapons Station
$ 491, 720.00
Herb Herman (213) 594 -7500 Rehab Interior
Veterans Adminstration
Long Beach VA Medical Center
Install 3M Cook /Chill System
$428, 438.00
Ron Townsend ( 213) 494 -5534 Rehab Interior
Dept, of Parks and Recreation
City Of Montebello
Montebello Municpal Golf Course
$ 127,479.00
Piiar Alcivar (213) 887 -4540 Site work
Long Beach Community College District
Pacific Coast Campus
South Campus Mall
$278,457.00
Robert Reed (213) 420 -4484 Site work
Dept. of The Air Force
March AFB,CA
Upgrade Solid State ILS.
$41,809
Robert Limtiaco (714) 655 -4331 Site work
Dept. of the Navy
Long Beach Naval Shipyard
Hazard Waste Staging Facilities
$147,965.00
Ensign Eric Lee (213) 547 -6875 Site work
Dept, of the Navy
Tustin Marine Base, Tustin
Oil Spill Prevention Facility
$239,238.00
Scott Kehe (714) 726 -2254 Site work
The above list reflects some of the projects completed within the last two years,
any additional information equired will be provided upon request.
Thomas J. Lavia •
Manager
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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 Key Rating Guide: Property- Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
Works Construction, except as modified by the Special Provisions.
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.
5/91
EXECUTED IN FOUR COUARPARTS
Page 8
BOND# 7278772
PREMIUM: INCLUDED IN
PAYMENT BOND PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted January 27, 1992 has
awarded to Adams /Mallory Construction Co. Inc. hereinafter
designated as the "Principal", a contract for JafT-Remodeling
(Contract No. 2836 ,)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. 2836 and the terms thereof require the furnishing
of a bond, pro d niiv g 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,
as Principal, and GRP
as Surety, are held
the sum of One Hundred
Dollars ( ,8 6.00
estimated amount p2
We,
Nine
terms of the contract;
bind ourselves, our
successors, or assigns
presents.
) , said sum being equal to 100$ of the
e by the City of Newport Beach under the
for which payment well and truly made, we
heirs, executors and administrators,
jointly and severally, firmly by these
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
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Page 8A
The bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Section
3181 of the California Civil Code so as to give a right 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 by
the above named Principal and Surety, on the 3RD day of
FEBRUARY , 1992.
Adams /Mallory Construction Co., Inc.
Name of Contractor (Pr nc pal) Authorized Slignature/Tltlef
Thomas J. Lavia, Manager
/ GREAT AMERICAN INSURANCE COMPANY
1 Name of Surety
P.O. BOX 5440
ORANGE, CA 92613 -5440
Address of Surety
Authorized Agent Signature
DIANA LASKOWSKI / ATTORNEY -IN -FACT
(714) 740 -2400
Telephone
NOTARY ACXNONLBDMMTB OF CONTRACTOR AND SURETY NUBT BE ATTACKED
5/91
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FEBRUARY 3, 1992
Smote of CALIFORNIA On ,before me, the undersigned,
ss. a Notary public of said county and state, personally appeared
County of ORANGE
DIANA LASKOWSKI
personally known to me to be the Attorney -in -Fact of
GREAT AMERICAN INSURANCE COMPANY
CL s 4 the Corporation that executed the within instrument, and known
NANDLER �� to me to be the person who executed the said instrument on
Mr;behalf of the Corporation therein named, and acknowledged to
912 me that such Corporation executed the same.
EXECUTED IN FOUR COUTARTS
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
BOND# 7278772
PREMIUM: $3,878.00
. Page 9
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted January 27 1992 has awarded
to hereinafter designated as the "Principal", a contract for
Jail Remdpli ng in the City of
Newport Beach, in strict conformity 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. 2836 and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, ADAMS /MALLORY CONSTRUCTION CO., INC.
as Principal, and GREAT AMERICAN INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of One Hundred Ninety One Thousand Ei ht Hundred and SeYen
Dollars ( q_1.87y_0Fl ), 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 on to the
specifications accompanying the same shall in any wise affect its
5/91
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Page 9A
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 executed by
the Principal and Surety above named, on the 3RD day of
FEBRUARY , 19 92.
Adams /Mallon Construct on Inc
Name of Contractor (Principal)
GREAT AMERICAN INSURANCE COMPANY
Name of Surety
P.O. BOX 5440
ORANGE, CA 92613 -5440
Address of Surety
�'r" QZ'0-� A
Authorized Lure /T tle
Thomas J. Lavia Manager
Authorized Agqant S gnature
DIANA LASKOWSKI / ATTORNEY -IN -FACT
(714) 740 -2400
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY KUST BE ATTACHED
5/91
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It
State of CALIFORNIA On FEBRUARY 3, 1992 , before me, the undersigned,
1 County of ORANGE n a Notary Public of said county and state, personally appeared
j
DIANA LASKOWSKI
personally known to me to be the Attorney-in -Fact of
GREAT AMERICAN INSURANCE COMPANY
=(MREN ac sk the Corporation that ex ecuted the within instrument, and known
CHANDLER to me to be the person who executed the said instrument on
EC. U.,I G, WA behalf of the Corporation therein named, and acknowledged to
E CCUN7l me that such Corporation executed the same.
C
NC7rARV PUBLIC
GWM AMERICAN INSURANCE COMPANY
The number of persons authorized by
this power of attorney is not more than
No. 013302
FIVE POWEROFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and
existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named
below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and
all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said
Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
.Name
Address
DAVID L. CULBERTSON ALL OF
LINDA L. CULBERTSON ANAHEIM,
CHARLES L. FLAKE CALIFORNIA
DIANA LASKOWSKI
KAREN CHANDLER
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above.
Limit of Power
ALL
UNLIMITED
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of December '1991
Attest
STATE OF OHIO, COUNTY OF HAMILTON — ss:
GREAT AMERICAN INSURANCE COMPANY
On this 19th day of December, 1991 , before me personally appeared WILLIAM J. MANEY, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of
his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company by unanimous written consent dated August 20, 1979.
RESOLVED: That the President, the several Vice Presidents and Assistant Vice Residents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties
and the respective limits of their authority; and to revoke any such appointment at any time.
RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile
to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other
written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing
Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and
effect.
Signed and sealed this 3RD
S1029M 10.3/901
day of FEBRUARY 19 92
i
le 1 -4: YAM{1: }IF4�l����
It is agreed that:
page 11
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 "XCUO hazards) are deleted.
5. 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:
s/91
(X) Commercial ( ) Comprehensive
General Liability $ 11000,000 each occurrence
$ 2,000,000 aggregate
The applicable limit of Contractual Liability for the company
affording coverage shall he reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
• 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 30 days, advance notice to the City of Newport Beach
by registered mail, Attention: Public works Department.
7. Designated Contract: j uven "1 Q etention Renovation
Pro ect Title and Contract No.
This endorsement is effective 1/20/92 at 12:01 a.m.
and forms a part of Policy NO. 0021343227 of Aptna I ifa R Caciijlty fn
(Company Affording Coverage).
Insured: Adams /Mallory Construction Co., Inc. grxyorsement No.:
ISSUING COMPANY
AVERBECK COMPANY
siv1
A� N�•.
Yp1E DIgEMY/DD/yY(
si
=:x......
Q1 20 Z 92
Averbeck Company
3380 Shelby St.
No iTIOHTT6 UPON THE cERTIFvrATE H0LD9t THm cEnTIFICATE
p TB�w' EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Ontario, CA 91764
COMPANIES AFFORDING COVERAGE
COMPANY A Aetna — Commercial
LETTER
COMPANY B
LETTER
.__
INSURED
Adams / Mallory Construction Co.
740 S. Van Buren Street
COMPANY
LETTER C
COMPANY D
LETTER
#740-A
Placentia, CA 92670
COMPANY E
LETTER
N A.
THIS IS TO CERTIFY THAT THE POLICIES OF NS1RMiCE LISTED BELOW HAVE BEEN ISSLIED TO THE INSURED NMAED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMBIT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All TIE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
GO
TYPE OF INSURANCE
POLICYNUYBER
POLICY
DATE
POLICY
(�
LMTIB
•
05 30 91
OS 30 92
GENERAL AGGREGATE
i 2,000,0001
COMMERCIAL GENERAL LIABILI
PRODUCTS- COMP/OPAGG.
i 2 '000,00
LAIMS MADE OCCUR.
PERSONAL 6 ADV. INJURY
i 1 000 00
OWNER'S A CONTRACTOR'S PROT.
EACH OCCURRENCE
i 1,000,00
BI DedT250
X
FIRE DAMAGE (Any e Rn)
i 50,00
MED.FXPfNSE jAny m pwsoq
i 5,00
•
AUTOMOBILELIABILTY
X
ANYAUTO
FJ21345743
—05/30/91
45F30/92
COMBINEDSINGLE
LIMIT
i 1,000,00C
BODILYINJURY
(Per perm(
i
ALLOWNEDAUTOS
SCHEDULEDAUTOS
X
BODILYINJURY
(Peraodriml)
i
HIREDAUTOS
NON- OWNEOAUTOS
X
PROPERTY DAMAGE
i
GARAGE LIABILITY
EXCESS LIABILITY
EACH OCCURRENCE
i
AGGREGATE
i
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
AND
EACN ACCIDENT
S
DISEASE - POLICY LIMIT
i
EMPLOYERWLIABILITY
DISEASE -EACH EMPLOYEE
i
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/SPECIAL KEYS
All operations performed for the City of Newport Beach
by or on behalf of the named insured in connection with the following
See Attached Schedule.
t�AT7�tcAT • ;� �.;M.:fr:;;,> �: z'1 � �' Mn " � >.. ` 3' x ...
SHOULD ANY OF THE ABOVE DESCRIBED POUCIESBECANCELLED BEFORETHE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1908"CIFYa
City of Newport Beach
MaL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
P. O. Box 1768, 3300 Newport Blvd.
I` LEFr,-BW FAILURE .
Newport Beach, CA 92659
AM iZED IN EPRESENTA E
aodirszs 4
V
• Page 12
AUTOMOBILE LIABILITY INSURANCE ENQQBARUM
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 shah
not increase the total liability of the compaa -y affordinq
coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability rotated iN the
policy as applicable to Automobile Liability Insurare -e<
5/91
• 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: Juvenile Detention Renovation
Project Title and Contract No.
This endorsement is effective 1/20/92 at 12:01 a.m.
and forms a part of Policy No. FJ0021345743 of Aetna Life & Casualty Co.
(Company Affording Coverage).
Insured: Adams /Mallory Construction Company, INandorsement No.:
ISSUING COMPANY
AVERBECK COMPANY
Jay P. Freeman
utlf r zed Repres ive
sivi
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."
Adams /Mallory Const., Co., Inc.
Date Name of Contractor jPr nc pal)
Contract Number Author zed Signature and Titae
Thomas J. Lavia, Manager
Jail Remodeling, C -2836
Title of Project
5/91
i •
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�:�. .�.
i
• • Page 14
CONTRACT
THIS AGREEMENT, entered into this day 'of A��,
19� by and between the CITY OF NEWPORT BEACH, hereinafter " ity,"
and Adams /Mallory Const. Co., Inca , hereinafter
"Contractor," is made with reference to the following facts:
A. City bas heretofore'advertised. for bids for the following
desciibed'.public work:'
?.
Jails Remodeling. E 4836 ;
Title. of.,P.ro ect CbntYaOt No
B. Contractor has determined .,by. City to' he the, lowest
responsible. bidder on said public. work, and Contractor's
bid, and the compensation set forth in this contract, is
based upon a careful examination of all plans and
specifications by Contractor,
NOW,..THEREFORE, the parties hereto agree as follows:,
1. Contractor shall furnish all materials and perform all of
the work for the construction of the following described
public work:
Jail Remodeling C -2835
Title of Project Contract No.
which project is more. fully described•in the contract documents..
Contractor shall perform and complete this work in a good and
workmanlike manner, and in accordance with all of the contract
documents.
2. As full compensation for the performance and completion
of this work as prescribed above, City 'shall pay to
Contractor the sum of One Hundred Ninety One Thousand Eight Hundred
Dollars ($198.076.00 / This compensation
includes: �V
(a) Any loss or damage arising from the nature of the
work,
(b) Any loss or damage arising from any unforeseen
difficulties or obstructions in the performance of
the work,
(c) Any expense incurred as a result of any suspension
or discontinuance of the work,
but excludes any logs resulting from earthquakes. of a
magnitude in excess of 3.5 on the Richter Scale and tidal
waves, and which loss or expense occurs 'prior to
acceptance of the work by City.
5,--.
s •
Page 14A
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)
PlanB and and al Provisions
p
J
for
C -2836
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.
srvi
CITY OF NEWPORT BEACH
A Municipal Corporation
I
mayor /
Name of Cont ;Actor
Adams /Mallory, Const. Co., Im .
A'UthorizedLZignature nd tle
Thomas J. Lavia, Manager
•
,.
.. :.
�._ �.r.
• 4
Architectural specifications are bound separately.y
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
JAIL REMODELING
CONTRACT NO. 2836
INDEX
TO
SPECIAL PROVISIONS
(Revised December 3, 1991)
I.
SCOPE OF WORK . . . . . . . . . . . . . . . .
. . . . 1
II.
CONTRACTOR'S LICENSE . . . . . . . . . . . .
. . . . 2
III.
BIDDER'S REQUIREMENTS . . . . . . . . . . . .
. . . . 2
IV.
AWARD AND EXECUTION OF THE CONTRACT. . . . .
. . . . 2
IV.
TIME OF COMPLETION OF CONTRACT . . . . . . .
. . . . 2
V.
LIQUIDATED DAMAGES . . . . . . . . . . . . .
. . . . 3
Vi.
PAYMENT . . . . . . . . . . . . . . . . . . .
. . . . 3
VII.
WATER . . . . . . . . . . . . . . . . . . . .
. . . . 4
VIII.
CONSTRUCTION DETAILS AND MATERIALS . . . . .
. . . . 4
IX.
PERMITS . . . . . . . . . . . . . . . . . . .
. . . . 4
X.
ASBESTOS . . . . . . . . . . . . . . . . . .
. . . . 4
XI.
PRE -BID JOB WALK . . . . . . . . . . . . . .
. . . . 4
Architectural specifications are bound separately.y
.1�
I.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMEN
JAIL REMODELING
CONTRACT NO. 2836
SPECIAL PROVISIONS
(Revised December 3, 1991)
SCOPE OF WORK
0
SP 1 of 4
The work to be done under this contract consists of:
A. Demolition:
1. Masonry walls
2. Security grills
3. Built -in furniture & fixtures
4. Doors, windows & frames
5. Cabinets
6. Mechanical, plumbing and electrical systems
7. Demolish and remove existing handicapped
ramp
B. Construction:
1. Masonry walls
2. Structural steel supports for concrete
ceilings
3. Footings
4. Install security hardware furnished by City
5. Modify security grills
6. Doors, windows & frames
7. Built -in furniture & equipment
8. Cabinets
9. Mechanical, plumbing and electrical systems
10. Audio - visual monitoring systems
il. Construct new handicapped ramp.
C. Work not included in contract:
1. Landscaping
2. Irrigation systems
3. Furnishing security hardware
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- 5136 -5,
consisting of 14 sheets, (3) the Specifications (bound
separately), (4) the City's Design Criteria Standard
Special Provisions and Standard Drawinas for Public
Works Construction, (1991 Edition); and (5) the
(1991 Edition), including Supplements
4t V1V!L
of the
004
III
IV
V
SP 2 of 4
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.
CONTRACTOR'S LICENSE
At the time of the award the Contractor shall possess a
General Engineering Contractor Class A license or a
General Building Contractor Class B License.
BIDDING REQUIREMENTS
A. BIDDER'S BONDS. Bidder's Bonds shall be issued
by a responsible corporate surety authorized to
issue such bonds in the State of California by the
Insurance Commissioner of the State of California,
and also listed in the latest revision of U.S.
Treasury Department Circular 570.
B. ALTERNATE BID ITEMS. The lowest bidder will be
determined based on the amount of the base bid.
Bidders must submit a bid for each of the
alternate bid items; however, the City reserves
the right not to include any or all of the
alternate bid items in the award of the contract.
If the City exercises its option to include any
or all of the alternate bid items in the award of
the contract, the resolution awarding the contract
will so state.
The amount of the Bidder's Bond shall be not less
than 10% of the base bid.
C. PROPOSAL. Proposals must be on a Proposal form
dated December 3, 1991.
AWARD AND EXECUTION OF THE CONTRACT
Bidders' attention is directed to Section 2 -1 of the
Standard Special Provisions for requirements and
conditions concerning award and execution of the
contract.
TIME OF COMPLETION OF CONTRACT
A. All work under this contract shall be completed
within one hundred twenty (120) calendar days
after award of the contract by the City Council.
0
SP 3 of 4
B. It will be the Contractor's responsibility to
ensure the availability of all materials prior to
the start of work. Unavailability of materials
will not be sufficient reason to grant the
Contractor an extension of time.
VI. LIQUIDATED DAMAGES
A. Liquidated damages shall be charged at the rate of
$ 500.00 per consecutive calendar day for each
consecutive calendar day that the project is not
completed in excess of the time specified above.
For the purpose of computing liquidated damages,
the work will be considered complete when:
1. All work is complete to the satisfaction of
the City and other public agencies having
jurisdiction.
2. All security systems are ready to be hooked
up to the City's equipment.
3. All electrical, plumbing and mechanical
systems are completed, checked, and balanced.
4. All punch list items have been corrected
except for minor items that will not affect
operation of functioning of the jail.
VII. PAYMENT
The unit price or lump sum for items of work shown in
the Proposal shall be considered full compensation for
all 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 (i.e. removals,
excavation, sawcutting, patching, protecting City
property, etc.) shall be included in the lump sum
prices bid for related items of work.
Partial payments for mobilization shall be made in
accordance with Section 10264 of the California Public
Contracts Code.
Substitution of securities for any payment withheld in
accordance with Section 9 -3.2 of the Standard
Specifications is permitted pursuant to Government Code
Sections 4590 and 14402 -5.
. es •
SP 4 of 4
In order to reduce delay, the City of Newport Beach
will furnish security hardware specified in Section
11190 of the Architectural Specifications. The
hardware will be delivered at the job site. The prime
contractor will be responsible for making his own
arrangements to install security hardware.
VIII. WATER
The Contractor may use City water available at the site
at no cost to Contractor.
IX. CONSTRUCTION DETAILS AND MATERIALS
Construction details and materials shall be per the
Architectural Specifications which are bound
separately.
X. PERMITS
Permits have been obtained by the City from the
California Department of Corrections for work at the
jail site.
XI. ASBESTOS
An asbestos survey has not been obtained, and the site
of the work has not been determined to be free of
asbestos. If an asbestos survey is needed, the City
will obtain and pay for it.
XII. PRE -BID JOB WALK
Potential bidders and subcontractors may inspect the
job site by making arrangements in advance with the
Police Department by calling Lt. Tim Newman at (714)
644 -3710.
TO: City Council
• FROM: Public Works Department
SUBJECT: REMODEL JAIL (Contract No. 2836)
RECOMMENDATIONS:
r
January 27, 1992
CITY COUNCIL AGENDA
ITEM NO.
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JAN 2 71992
ArrK TL
1. Award Contract No. 2836 to�Adass /Mallory Construction
'Co., Inc., of Placentia, in the total amount of:
--#194p076; consisting of the Base Bid of $191,876, plus
three alternate bid items: $1,500 for acoustic tile
ceilings; $2,500 for carpeting; and $2,200 for vinyl
flooring. (Construction of a new handicapped ramp for
the police station is included in the Base Bid).
2. Authorize the Mayor and City Clerk to execute the
contract.
DISCUSSION:
The 1991 -92 budget contains an appropriation of
•$350,000.00 from the General Fund to remodel the jail to
segregate juveniles from adults, and to provide a cell for female
inmates.
At 11:00 A.M. on January 8, 1992, the City Clerk opened
and read eight Base Bids for Contract No. 2836:
Bidder Base Bid
1. Adams /Mallory Construction $191,876.00
Co., Inc., Placentia
2. Dumarc Corporation $202,865.00
Placentia
3. J.H. Rives Co. $224,731.00
Anaheim
4. DTEC Construction $229,000.00
Gardena
5.
Rohm- Joyner Construction
$239,790.00
•
Yorba Linda
6.
Soar Corporation
$243,300.00
La Habra
7.
Steen Construction
$279,972.00
Santa Ana
8.
B.K. Construction
$289,459.00
La Habra
Subject: Remodel Jail (Contract No. 2836)
January 27, 1992
Page 2
The lowest bid for the base bid and alternate bid items
and9furnish detention with
equipment (aptotalyofh$225,676) purchase
and
under the Engineer's Estimate of $250,000; and 10.1% under the
$251,052 contract which was awarded on September 23, 1991, to a
contractor who subsequently failed to enter into the contract.
The low bidder is properly bonded and has both "A" and
"B" licenses. His references indicate he is competent and able
to perform the work.
The plans were prepared by Paul J. Ruffing, A.I.A., of
Corona Del Mar. The floor plan is shown on the attached sketch.'
A complete set of plans is on display in the City Council's
conference room. The estimated date of completion is May 31,
1992
The project budget is:
Construction contract (base bid) $ 191,876
Alternate bid items 6,200
• Miscellaneous 6 contingencies 15,000
Detention equipment (by City) 27,600
Professional fees 30,000
Surveillance system (Not in contract) 50.000
Total S 320,676
On August 21, 1991, the City Clerk opened and read 14
base bids for Contract No. 2836, ranging from $212,524 to
$317,000. On September 23, 1991, the contract was awarded to
Diversified Pacific Construction Co., Inc., of Newport Beach, in
the total amount of $251,052 for the base bid and all of the
alternate bids. Diversified Pacific failed to enter into the
contract; therefore, on December 9, 1991, the City Council made a
finding that Diversified Pacific had failed to enter into the
contract; rejected all other bids received on August 21, 1991;
and authorized the City Clerk to re- advertise for bids to be
opened on January 8, 1992.
aBejnaminl
B. Nolan
Public works Director
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TO: City Council
FROM: Public Works Department
SUBJECT: REMODEL JAIL (Contract 2836)
December 9, 1991
CITY COUNCIL AGENDA
ITEM NO. F -13
DFC {' 1991
1. Make a finding that Diversified Pacific Construction
Co., Inc., has failed to enter into Contract No. 2836
awarded to them on September 23, 1991.
2. Reject all other bids for Contract No. 2836 received on
August 21, 1991.
3. Authorize the City Clerk to
DISCUSSION:
The 1991 -92 budget contains an appropriation of
$350,000 from the General Fund to remodel the jail. Bids were
opened on August 21, 1991. The contract was awarded to the
lowest bidder, Diversified Pacific Construction Co., Inc., of
Newport Beach on September 23, 1991. Diversified Pacific has
failed to execute and return the contract within ten days after
the Public Works Department mailed the contract documents.
The staff has notified Diversified Pacific that it
intends to seek forfeiture of the Bidder's Bond. A demand has
been made on the bonding company that the Bidder's Bond be
forfeited.
The Standard Special Provisions provide that the award,
if made, will be made within forty five calendar days after
opening the bids. Because of the long period of time since the
bids were opened, it is recommended that the project be
re- advertised for bids.
The project consists of remodeling approximately 2,000
square feet of existing floor space on the first floor of the
Police Station; half for juveniles, and half for trustees. One
cell for female inmates will also be provided. All permits
required from the State of California have been received. The
floor plan is shown on the attached sketch.
ti
Subject: Remodel Jail (Contract No. 2836)
December 9, 1991
Page 2
0
The project budget is as follows:
Construction contract (base bid)
Alternate bid items:
Acoustic tile ceilings
Carpeting
Vinyl flooring
New handicapped access ramp
Subtotal alternate bids
Miscellaneous & contingencies
Professional fees
Surveillance system (not in contract)
Total
171
$ 220,000
$ 2,000
4,000
4,000
25.000
35,000
15,000
30,000
50.000
$ 350,000
The plans were prepared by Paul J. Ruffing, AIA,
Newport Beach. The estimated date of award of contract is
January 27, 1992. The estimated date of completion is June
1992.
Benjamin B. Nolan
Public Works Director
KLP:so
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Aftioned b PuhYbAdvardu mma of a8 kinds I I I - pubis nasms by
A 21,1981, WWA?AM Juan 11, f
STATE OF CALIFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested In the below entitled matter. I
am a principal dark of the NEWPORT
BEACH —COSTA MESA 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 on the
following dates:
December 12, 17, 1991
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on naramher 17 ,1991
at Costa Mimes C 'fomi
Signature
0
10.00 PROOF OF PUBLICATION
=P '. 3 i99'
TO: City Council
FROM: Public Works Department
SUBJECT: REMODEL JAIL (Contract No. 2836)
•
September 23, 1991
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
1. Waive the following irregularities in the low bid of
Diversified Pacific Construction Co, Inc.:
a. The bidder's bond was issued by a company that is
not on the Treasury list or the Insurance
Commissioner's list. (An acceptable bidder's
bond has been substituted).
b. The bid documents did not list a subcontractor to
install detention equipment.
2. &v"d Contract No. 2836 to Diversified Pacific
Construction Co., Inc., Newport Beach, in the total
amount of $251,052; consisting of the Base Bid of
$212,524; $644.00 for acoustic tile ceilings; $1,967
for carpeting; $2,047 for vinyl flooring; and $33,870
for a new handicapped access ramp.
3. Authorize the Mayor and City Clerk to execute the
contract.
DISCUSSION:
The 1991 -92 budget contains an appropriation of
$350,000.00 from the General Fund to remodel the jail pursuant to
Senate Bill 1637, which requires that juveniles be detained in
separate facilities out of the sight and sound of adult inmates.
The project consists of remodeling approximately 2,000
square feet of existing floor space on the first floor of the
Police Station; half for juveniles, and half for trustees. One
cell for female inmates will be provided. The appropriation did
not include reconstructing the handicapped access ramp. The
floor plan is shown on the attached sketch. A complete set of
plans is on display in the City Council's conference room.
/
r
10.
Glencraft Construction
$271,842.00
Subject:
Remodel Jail (C -2836)
September
23, 1991
$278,000.00
Page 2
Torrance
•
12.
K -W Western, Inc.
$288,390.00
At 11:00 A.M. on August 21, 1991,
the City Clerk opened
•
and read
14 base bids for Contract No. 2836
as follows:
Bidder
Base Bid
1.
Diversified Pacific
$212,524.00
Newport Beach
2.
Tibs Construction
$216,300.00
Mission Viejo
3.
DTEC Construction
$217,000.00
Gardena
4.
J.H. Rives Co.
$243,805.00
Anaheim
5. RBP Construction $248,000.00
San Dimas
• 6. Irvine Engineering Corp. $248,444.44
Irvine
7. Varkel Construction $251,000.00
Laguna Beach
8. Pole Construction $253,600.00
Irvine
9. Rohm - Joyner Construction $256,000.00
Yorba Linda
14. B.K. Construction $317,000.00
La Habra
10.
Glencraft Construction
$271,842.00
Orange
11.
Jamik construction
$278,000.00
Torrance
12.
K -W Western, Inc.
$288,390.00
Irvine
•
13.
Soar Corp.
$294,000.00
La Habra
14. B.K. Construction $317,000.00
La Habra
Subject: Remodel Jail (C -2836)
September 23, 1991
Page 3
• The low bid is 5.5% under the Architect's estimate of
$225,000.00. The low bidder is a well - qualified experienced
General Building contractor who has not previously worked for the
City.
The plans were prepared by Paul J. Ruffing, A.I.A., of
Corona Del Mar. All permits required by the State Department of
Corrections have been received. The estimated date of completion
is February 15, 1992.
The bidder's bond was issued by a company that is not
on the Treasury list or the Insurance Commissioner's list;
however, the staff considers this to be a curable defect which
can be cured by substitution of a conforming bidder's bond prior
to award of the contract.
The architectural specifications required that
detention equipment be installed by the manufacturer.
Diversified Pacific did not list a subcontractor for detention
equipment, intending to install detention equipment with its own
• forces. The next four lowest bidders listed detention equipment
manufacturers as sub - contractors. The staff would find it
difficult to recommend that the lowest monetary bid be
disqualified on that basis alone.
The second lowest bidder did not include any experience
references, and its bid bond was not acceptable. The third low
bidder's papers were in order, but its list of experience
references was inadequate. The fourth lowest bid was acceptable.
The project budget is as follows:
Construction contract (base bid) $ 212,524.00
Alternate bids:
Acoustic tile ceilings 644.00
Carpeting 1,967.00
Vinyl flooring 2,047.00
New handicapped access ramp 33,870.00
Surveillance equipment (not in contract) 50,000.00
Misc. & contingent costs, including
asbestos survey & removal (N.I.C.) 18.948.00
• Subtotal $ 320,000.00
Architect's fees 30.000.00
Total $ 350,000.00
Subject: Remodel Jail (C -2836)
September 23, 1991
Page 4
• The Police Department intends to reserve $50,000.00 of
the appropriation for a video surveillance system which will be
installed by the staff. After the plans were completed and all
required approvals obtained, it was determined that the existing
ramp does not meet current standards. if contingent costs can be
controlled, it will be possible to build the ramp and the other
alternative bid items of construction within the appropriation.
42&
Benjamin B. Nolan
Public Works Director
KLP: so
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5'• e" 131.40 II
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City Council
Public Works Department
SUBJECT: REMODEL JAIL (Contract No. 2836)
RECOMMENDATIONS:
1
2.
3.
DISCUSSION:
July at 1991
CITY COUNCIL AGENDA
ITEM NO. F -11
Approve the plans and specifications.
Authorize the Mayor and the City Clerk to advertise
for
7.saxv.
Direct the staff to prepare plans for rebuilding the
existing handicapped ramp at the Police Station to
current standards.
The 1991-92 budget contains an appropriation of '$ 350,000
from the General Fund to remodel the jail pursuant to the
requirements of Senate Bill 1637 which requires that juveniles be
detained in separate facilities out of the sight and sound of adult
inmates.
The project consists of remodeling approximately 2,000
square feet of existing floor space on the first floor of the
Police Station; half for juveniles, and half for trustees. One
cell for female inmates will also be provided. All permits
required from the State of California have been received. The
floor plan is shown on the attached sketch. A complete set of
plans is on display in the City Council's conference room.
The construction budget is as follows:
Construction contract $ 260,000
Asbestos survey and removal 100000
Miscellaneous & contingencies (10 %) 27.000
Subtotal $ 297,000
The plans were prepared by Paul J. Ruffing, AIA, of
Newport Beach. The estimated date of award of contract is
September 9, 1991. The estimated start of construction is October
1, 1991. The estimated date of completion is February 15, 1992.
Subsequent to the time the plans were completdd and all
required approvals obtained, it was determined that the existing
handicapped access ramp to the Police Station does not meet current
standards. Attached to this memorandum is a memo from the Building
Department recommending that the handicapped access ramp be
modified. ,
FROM:
City Council
Public Works Department
SUBJECT: REMODEL JAIL (Contract No. 2836)
RECOMMENDATIONS:
1
2.
3.
DISCUSSION:
July at 1991
CITY COUNCIL AGENDA
ITEM NO. F -11
Approve the plans and specifications.
Authorize the Mayor and the City Clerk to advertise
for
7.saxv.
Direct the staff to prepare plans for rebuilding the
existing handicapped ramp at the Police Station to
current standards.
The 1991-92 budget contains an appropriation of '$ 350,000
from the General Fund to remodel the jail pursuant to the
requirements of Senate Bill 1637 which requires that juveniles be
detained in separate facilities out of the sight and sound of adult
inmates.
The project consists of remodeling approximately 2,000
square feet of existing floor space on the first floor of the
Police Station; half for juveniles, and half for trustees. One
cell for female inmates will also be provided. All permits
required from the State of California have been received. The
floor plan is shown on the attached sketch. A complete set of
plans is on display in the City Council's conference room.
The construction budget is as follows:
Construction contract $ 260,000
Asbestos survey and removal 100000
Miscellaneous & contingencies (10 %) 27.000
Subtotal $ 297,000
The plans were prepared by Paul J. Ruffing, AIA, of
Newport Beach. The estimated date of award of contract is
September 9, 1991. The estimated start of construction is October
1, 1991. The estimated date of completion is February 15, 1992.
Subsequent to the time the plans were completdd and all
required approvals obtained, it was determined that the existing
handicapped access ramp to the Police Station does not meet current
standards. Attached to this memorandum is a memo from the Building
Department recommending that the handicapped access ramp be
modified. ,
4
I
CITY OF NEWPORT BEACH
V= P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
e..
cq4 Fp a��t'
TO
FROM
SUBJECT:
MEMORANDUM
Police Chief
Building Director — 4
HANDICAPPED RAMP AT POLICE DEPARTMENT
DATE: June 20, 1991
------------------------------------------------- -- ------ -- ------ ----- - - - - - --
It is our recommendation that the handicapped access ramp at 870 Santa Barbara
Avenue should be resloped to conform to existing requirements and a detailed
drawing be prepared by the current architect redesigning the youth jail facility
at the rear of the police station.
Background: When the ramp was constructed in 1973, Section 3306(c) of the
Uniform Building Code required a slope of 1 in 8. However, federal regulations
• required access to public buildings since 1968, additionally current code
requires that access at the primary entrance be provided every time improvements
exceeding $70,000 are made to a structure. The Federal Access Disability Act is
complaint oriented and anyone could force installation of a complying. ramp. This
is why we strongly recommend that the handicapped ramp providing access to the
front of the building be re -built to current requirements.
RWS:np
c: CC ty Manager
ublic Works Director
Police Department (Lt. Newman)
;•n 2+
JUN 2 4 i39t
(:Aur 1
3300 Newport Boulevard, Newport Beach
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Authorized to publish Advertisements of all ldn*uding public notices by
Decree of the Superior court of Orange County, Cal'domia, Number A-6214,
September 20, 1861, and A-24831 June 11, 1963
STATE OF CALIFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA 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 on the
following dates:
July 11, 16, 1991
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on July 16 ,1991
at Costa Mesa, Califor '
Signature
PROOF OF PUBLICATION