HomeMy WebLinkAboutC-2948(B) - Structural American with Disabilities Act (ADA) Alterations0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
April 22,1997
Construct 1 One, Corp.
1421 Edinger Ave., Suite A
Tustin, CA 92680
(714) 6443005
Subject: Contract No. 2948 - Structural ADA Alterations
On March 10, 1997, the City Council of Newport Beach accepted the work of the
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 of Completion was recorded by the Orange County Recorder on
March 18, 1997, Reference No. 19970123421. The Surety for the contract is
Washington International Insurance Company, and the bond number is S -500
1562.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUEST 0BY AND
WHEN RECORDED RETURN TO:
City Clerk
City ofwNNewpport Beach Bouvard
3300 Newport Beach, CA 92663
Recorded in the COnty of Orange, California
Gary L. Granville, Clerk /Recorder
No Fee
OOS 12019837 12 119910123421 3;21pm 03/18/91
N12 1 7.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees pursuant
to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
Construct 1 One, Corp, of Tustin, CA as
Contractor, entered into a Contract on May 13, 1996
Said Contract set forth certain improvements, as follows:
Structural ADA Alterations - Contract No. 2948
Work on said Contract was completed on February 28, 1997
and was found to be acceptable on March 10, 1997
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Washington
International Insurance Compa
FEW
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 ti / % % ', at
Newport Beach, California.
BY 4
City Clerk
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TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: STRUCTURAL ADA NOTICE OF COMPLETION
CONTRACT NO. 2948
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
March 10, 1997
CITY COUNCIL AGENDA
ITEM NO. 7
MAR 101997
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.
DISCUSSION:
The contract provided for installation of ADA required fixtures, doors, handrailing, drinking
fountains, walkways, signage and all ancillary work at the following city facilities: 1) Police
Station, 2) Washington Street Restrooms, 3) 19th Street Restrooms, 4) Buck Gully
Restrooms, 5) Balboa Pier, 6) City Hail, 7) West Newport Community Center, 8) Mariners
Community Center, 9) Irvine Terrace Park, and 10) OASIS Community Center. The
:onstruction of the project was completed to the satisfaction of the Public Works Department.
The contractor was Construct 1 One, Corp. of Tustin, CA.
The bid price was $336,163.00
The amount of unit items constructed 336,163.00
Amount of change orders 49,983.61
Total contract cost $386,146.61
Sixteen (16) change orders were issued to complete the project. When the ADA Structural
Alteration Contract was awarded, it was noted that dry rot and pest infestation in several
buildings would require "extra" contract work. To determine the extent of work it was
necessary to dismantle portions of the buildings, however, this was not practical until a
contractor was under contract to do the work.
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SUBJECT: STRUCTURAL ADA NOTICE OF COMPLETION
CONTRACT n0. 2948
March 10, 1997
Page 2
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The change orders to complete the project can be summarized into three categories. They
are as follows:
1. Premium pay for night work at City Hall $ 7,000
2. Request by various City Departments to do additional work
and to substitute products (door, plumbing, flooring, etc.) $17,000
3. Unknown and unforeseen work (water leak repairs, modifications
to hidden items inside walls, sewer and floor drain modifications,
dry rot, termite infestation repairs, etc.) $26,000
Total $50,000
The City Manager has approved the change orders where costs exceed 10% of the original
contract amount, per City Council Policy.
Funds for the project were budgeted in the Community Development Block Program account
(Account No. 7161- C5500040) in the amount of $386,163.
The contract was completed on February 28, 1997, slightly in advance of the March 19,
1997, scheduled completion date.
Respectfully submitted,
(O1//.�ly�/S�/�----
PUBLIC WORKS DEPARTMENT
Don Webb, Director
by:
Horst Hlawaty
Field Engineer
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May 13, 1996
• �`
'CftY COUNCIL AGENDA
ITEM NO. 11
TO: Mayor and Members of the City Council
FROM: Public Works Department I I MAY r 3
SUBJECT: STRUCTURAL ADA ALTERATIONS -CONTRACT NO. 2
RECOMMENDATIONS:
1. Award the contract to Construct 1 One, Corp. for the Total Bid Price of
$336,163.00, and authorize the Mayor and the City Clerk to execute the contract.
2. Provide a construction contingency amount of $35,000.00.
DISCUSSION:
At 11:00 A.M. on April 25, 1996, the City Clerk opened and read the following bids for this
project:
• Bidder Total Bid Price
Low
Construct 1 One, Corp.
$336,251.00 (1)
2.
States Link Construction, Inc.
338,986.00 (2)
3.
USS Cal Builders, Inc.
349,000.00
4.
Wakeham- Baker, Inc.
358,853.00
5.
TLS Constrruction, Inc.
359,653.00 (3)
6.
Lloyd Engineering Corp.
376,000.00
7.
Weifield Construction, Inc.
384,000.00
8.
AMD Construction Group, Inc.
396,500.00
9.
General Consolidated Constructors, Inc.
396,590.00
10.
D. L. Kaufman, Inc.
418,015.00
11.
Varkel Construction, Inc.
424,632.00
12.
Ruiz Brothers Construction Co.
431,209.00 (4)
13.
T & M Construction
447,300.00
14,
Woodcliff Corporation
450,000.00
15.
DTEC Construction, Inc.
453,621.00
16.
Fischbeck Construction, Inc.
465,000.00
17.
Commercial Diversified, Inc.
498,000.00
18.
URBANTEC Engineers, Inc.
498,360.00
19.
Biltmore Construction Corporation
510,000.00
• 20.
Projective Development International Inc.
527,000.00
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SUBJECT: STRUCTURAL ADA ALTERATIONS - CONTRACT NO. 2948
May 13,1996
Page 2
(1) Corrected Total Bid Price is $336,163.00
(2) $338,987.00
(3) $359,533.00
(4) $431,135.00
The low bid is 44% below the Engineer's Estimate of $600,000. Staff feels that this large
disparity is the result of a conservative construction estimate for a project that was bid
when many contractors are in need of work.
The low bidder, Construct 1 One, Corp. is a well - qualified building contractor who
posesses a Class B contractor's license, but has not performed previous contract work for
the City. However, a check with their experience references and the State Contractors
License Board records has shown that Construct 1 One, Corp. has successfully
completed similar projects for other Southern California public agencies as a general
contractor and has no pending actions detrimental to their contractor's license,
respectively.
The Americans with Disability Act of 1990 (ADA) mandates that persons with disabilities
are to be provided accommodations and access equal to, or similar to, that available to
the general public. This project removes what are termed as "structural" barriers to
disabled persons. Upon removal of these barriers, all City facilities (except for sidewalks
and parking lots) will be considered in compliance with the provisions of ADA. For City
sidewalks, City staff has historically contracted for such work to be performed at certain
locations as requested by the public. In addition, staff is currently preparing contracts to
remove barriers at City parking lots, business district sidewalks, and bus stops throughout
the City.
The work includes rearranging floor plans and installing accessible fixtures in public
restrooms; replacing or modifying doors, handrailings, and drinking fountains;
constructing accessible walkways; installing signage; etc.; at the following facilities:
1)
Police Station
2)
Washington Street Restrooms
3)
19th Street Restrooms
4)
Buck Gully Restrooms
5)
Balboa Pier
6)
City Hall
7)
West Newport Community Center
8)
Mariners Community Center
9)
Irvine Terrace Park
10)
OASIS Community Center
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SUBJECT: STRUCTURAL ADA ALTERATIONS - CONTRACT NO. 2948
• May 13,1996
Page 3
Staff has discovered damage from dry rot and pest infestations in the 19th Street and
Washington Street restroom buildings. Inasmuch as the extent of the damage cannot be
determined until the buildings are partially dismantled, the repair to the damaged areas is
not included in the contract work. Our intention is to perform the necessary repair as
"extra' contract work, and to fumigate both buildings after the contract work is completed.
Staff has also included approximately 26 linear feet of sewer lateral replacement at the
OASIS Community Center because stoppages in the sewer lateral have frequently
backed up sewage into the courtyard drain grate.
Funds for the contract amount as well as a $35,000 construction contingency are
proposed from a Community Development Block Grant appropriation, Account No. 7161 -
05100040, Structural ADA Improvements.
The work will be coordinated with the operational needs of individual departments, and
will not be permitted upon beach facilities during the summer months. The contract
requires that work shall be completed within 100 consecutive work days, or by November
15, 1996, whichever occurs first. Liquidated damages are $500 per calendar day.
• Respectfully submitted,
OJD-
Public Works Department
Don Webb, Director
by by
Lloy alton, P.E. Craig Bluell
Design Engineer Principal Oa ner
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June 11, 1996
Projective Development International Inc.
1407 N. Batavia, Ste. 118
Orange, CA 92667 -3525
Gentlemen:
F-1
Thank you for your courtesy in recently submitting a bid for the Structural ADA
Alterations project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
-4:ta - -a C
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
By Nancy C. Lacey, CMC
Acting City Clerk
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THE
TO: Mayor and Members
FROM: Public Works Department
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March 25, 1996
CITY COUNCIL AGENDA
ITEM NO. 18
SUBJECT: STRUCTURAL ADA ALTERATIONS - CONTRACT NO. 2948
RECOMMENDATIONS:
1. Affirm the Categorical Exemption.
2. Approve the plans and specifications.
3. Authorize Staff to advertise for bids.
DISCUSSION:
The Americans with Disability Act of 1990 (ADA) mandates that persons with disabilities
• are to be provided accommodations and access equal to, or similar to, that available to
the general public. Accordingly, during 1992 staff from each City department underwent
training to make evaluations of accessibility to their department's facilities. Subsequently,
locations of access barriers to disabled people were identified, costs for removing the
barriers were estimated, and priorities for removing the barriers were established.
The FY 1994 -95 budget contained an appropriation for removing what was termed as
"readily achievable" and "priority structural" barriers at City facilities. Those barriers have
been removed via Contract 2941, which was just recently completed.
This year's budget contains an appropriation for removing what is termed as "structural"
barriers. Upon removal of the structural barriers, all City facilities (except for sidewalks)
will be considered in compliance with the provisions of ADA. For City sidewalks, the
budget has historically contained an appropriation for constructing curb access ramps,
and the City has routinely contracted for such work to be performed at locations
requested by the public.
In general, the structural barriers will be more extensive (and expensive) to remove than
those that were eliminated in the previous City contract. This year's work includes
rearranging floor plans and installing accessible fixtures in public restrooms; replacing or
modifying doors, handrailings, and drinking fountains; constructing accessible walkways;
• installing signage; etc. at the following facilities:
1]
SUBJECT: STRUCTURAL ADA ALTERATIONS - CONTRACT 2948
March 25, 1996
Page 2
1)
Police Station
2)
Washington Street Restrooms
3)
19th Street Restrooms
4)
Buck Gully Restrooms
5)
Balboa Pier
6)
City Hall
7)
West Newport Community Center
8)
Mariners Community Center
9)
Irvine Terrace Park
10)
OASIS Community Center
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The plans, specifications and estimate (PS &E) for the contract have been prepared by
Hutson & Partners, Architecture, and by staff. Hutson's scope of work included providing
the following services:
1) verifying information in the field and collecting field data as required to
prepare accurate PS &E for the alterations;
2) preparing detailed PS &E which conform with the requirements of the 1994
Uniform Building Code and the applicable ADA regulations;
3) providing clarification and in- the -field assistance, if needed (but not
inspection nor contract administration), to resolve any and all design -
related problems which may arise during construction; and
4) consulting with City's staff and contractor as needed to establish design
parameters, obtain copies of City records, review work progress, and
complete the services listed above.
Staff has discovered damage from dry rot and pest infestations in the 19th Street and
Washington Street restroom buildings. Inasmuch as the extent of the damage cannot be
determined until the buildings are partially dismantled, the repair to the damaged areas is
not included in the contract work. Our intention is to perform the necessary repair as
"extra" contract work, and to fumigate both buildings after the contract work is completed.
Staff has also included approximately 235 linear feet of sewer lateral replacement at
OASIS in the contract. Stoppages in the sewer lateral have frequently backed up sewage
into the courtyard drain grate, indicating an illegal cross - connection. The estimated
$2,000 of corrective work was originally proposed for inclusion in the 1996 -97 budget;
however, it may be more readily accomplished now, funded by Community Development
Block Grant (CDBG).
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• SUBJECT: STRUCTURAL ADA ALTERATIONS - CONTRACT 2948
March 25, 1996
Page 3
Hutson's construction estimate is approximately $600,000, but only $513,000 remains in
the City's CDBG fund to award the contract. However, since this is a difficult project to
estimate (e.g., 10 different work sites, small work quantities, many trade classifications
etc.), Hutson's estimate includes percentages to account for these factors. Staff feels that
this estimate may be high.
Staff recommends that the City proceed to bid the project. Planning staff will propose that
the City Council allocate an additional $150,000 of 1996 -97 CDBG funds to cover the
estimated $87,000 shortfall and $63,000 extra contract work. Any unused funds will be
returned to the CDBG program.
Inasmuch as the work consists of minor alterations to existing public facilities and is
mandated by federal law, the project is categorically exempt from the provisions of the
California Environmental Quality Act.
The work will be coordinated with the operational needs of individual departments, and
will not be permitted upon beach facilities during the summer months. The contract
requires that work shall be completed within 100 consecutive work days, or by November
15, 1996, whichever occurs first. Liquidated damages are $500 per calendar day.
Respectively submitted,
(a
Public Works Department by—�
Don Webb, Director Craig
Principal Planner
Lloyd D on, Design Engineer Fayll JTd7�lan eck Engineer
CITY CLERK COPY
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92659 -1768
until 11:00 A.M. on the 25th day of April 1996.
at which time such bids will be opened and read for:
Structural ADA Alterations
Title of Project
2948
Contract No.
$600,000
Engineer's Estimate
/OTC
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Approved by the City Council
this 2// , 5/lth day of March 1996
LaVonne Harkless
City Clerk
,Prospective bidders may obtain one set of bid documents at no cost at the office of the
Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92659 -1768,
For further information, please contact Lloyd Dalton at (714) 644 -3328
Project Manager
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
STRUCTURAL ADA ALTERATIONS
CONTRACT NO. 2948
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
PR 1.1
The undersigned declares that he has carefully examined the locations 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 Contract No. 2948 in accordance with the Plans and Specifications,
and that he will take in full payment therefore the following unit price for the completed item of
work, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE
1. Lump Mobilization
Sum Thirteen Thousand Eight Hundred
Seventy- Five Dollars
and
No Cents $13,875.00
Per Lump Sum
2. Lump Construct Structural ADA Alterations
Sum Three Hundred Nineteen Thousand
Two Hundred Ninety Dollars
and
No Cents $319,290.00
Per Lump Sum
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PR 1.2
ITEM QUANTITY ITEM DESCRIPTION AND TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE
3. Lump Reconstruct Sewer Lateral at OASIS
Sum Two Thousand Nine Hundred
Ninety -Eight Dollars
and
No Cents
Per Lump Sum
Three Hundred Thirty -Six Thousand One Hundred Sixty -Three Dollars
and
No Cents
TOTAL BID PRICE (WORDS)
April 25. 1996
Date
(714) 259 -5400
Bidder's Telephone No.
698241 - B
Bidder's License No.
& Classifications
$2,998.90
$336.163.00
TOTAL BID PRICE (FIGURES)
Construct 1 One, Corp.
Bidder
SIBrian W. HundIpy. President
Bidder's Authorized Signature & Title
1421 Edinger Avenue, Suite A
Tustin. CA 92680
Bidder's Address
Page 2
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 total bid prices.
Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by
unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording
shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price,
the correct multiplication will be computed and the bids will be compared with correctly multiplied totals.
The City shall not be held responsible for bidder errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and
expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to
ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank
in California, as the escrow agent.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is
to be performed for each craft, classification, or type of workman or mechanic needed to execute the
contract. A copy of said determination is available 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).
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Page 2A
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 signatures and titles of persons authorized to sign on behalf of the bidder.
For corporations, the signatures shall be of a corporate officer or an individual authorized by the
corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature
shall be of the owner.
COMMUNITY DEVELOPMENT BLOCK GRANT PROVISIONS
General The City of Newport Beach will receive Community Development Block Grant
( "CDBG ") funds from the United States Department of Housing and Urban Development ( "HUD ")
pursuant to Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), as
amended ( "ACT ") and the regulations of 24 C.F.R. Section 570 et. seq. ( "federal funds "). CITY has
approved the provision of federal funds under ACT to be used to fund the construction of this contract.
1. Records and reports The Contractor shall keep records of all federal funds received from the City
of Newport Beach under the terms and conditions of this agreement and of all costs and expenses related to
the contract in accordance with the provisions contained in the Federal Office of Management and Budget
Circular A -110 with its subparts and appendix.
The Contractor shall retain said records and invoices for 3 years minimum final payment has been
received and all other pending matters in connection with the work to be performed under this contract have
been closed.. The Contractor's records shall include payroll records that accurately show the name, address,
social security number, work classification, straighttime and overtime hours worked each day and week,
and the actual per diem wages paid to each employee, apprentice or journeyman employed by it in
connection with this project in accordance with the Davis Bacon Act (40 USC section 176a, et seq.) by the
Secretary of Labor and agrees to require each of�its subcontractors to do the same for each craft or type of
worker needed to perform this contract. The Contractor shall also agree that its payroll records and those of
its subcontractors, if any, shall be available at all reasonable times to the City of Newport Beach, the
employee or his representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards, and shall comply with all of the provisions of California Labor Code.
2. Federal Participation This contract is being financed by the United States of America. Several
contract provisions embodied herein are in accordance with the provisions applicable to such federal
assistance. Since federal funds are financing the work, the statutes, rules and regulations promulgated by
the Federal Government and applicable to the work will apply, and the Contractor agrees to comply
therewith.
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Page 2B
3. Other Program Requirements The Contractor agrees to comply fully with all applicable rules,
regulations, guidelines, procedures and standards of the United States Department of Housing and Urban
Development, and to complete any and all reports and forms that may be required in accordance therewith.
The Contractor further agrees to fully comply with all applicable federal, state and local laws and
regulations, including, but not by way of limitation, Title I of the Housing and Community Development
Act of 1974 as amended and the regulations of 24 C.F.R. Section 570 et seq., Title 22 of the California
Administrative Code and Title 24 of the Code of Federal Regulations, CDBG financial and contractual
procedures and OMB Circular Nos. A -87, A -122 and A -110, with Subparts A,B,C,D and Appendix A and
Subpart K as set forth in 24 C.F.R. 570.600.
4. Non - Discrimination The Contractor, its affiliates, subsidiaries or holding companies shall not
discriminate against any subcontractor, subconsultant, employee or applicant for employment because of
race, color, religion, sex, national origin, age or handicap. Such nondiscrimination shall include, but not be
limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The Contractor shall take positive steps to hire local qualified minority
individuals when job opportunities occur and utilize local business firms when possible. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices setting
forth the provisions of this non - discrimination clause. The Contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex, national origin, age or
handicap. The Contractor shall not discriminate on the basis of age in violation of any provision of the Age
Discrimination Act of 1975, 42 USC Section 6101 et e�q, or with respect to any otherwise qualified
handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, 29 USC Section 794.
5. Davis -Bacon Act The Contractor agrees to pay and require all subcontractors to pay all employees
on this contract a salary or wage at least equal to the prevailing rate of per diem wage as determined by the
Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or
type of worker needed to perform this Agreement. The Contractor agrees to comply with all applicable
federal labor standards provisions; said provisions are incorporated herein by this reference. The Contractor
shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and
amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part
60).
6. Equal Em„plovment O_pportuni1y The Contractor is required to have an affirmative action plan
which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or
age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of
1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and required
affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of
the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job
discrimination and requires affirmative action to comply and advance in employment for (1) qualified
Vietnam veteran during the first four (4) years after their discharge and (2) qualified disabled veterans
throughout their working life if they have a thirty percent (30 %) or more disability. To ensure compliance
with these requirements, the Contractor shall provide the City of Newport Beach its written affirmative
action plan prior to commencement of work. The Contractor is required to provide the City of Newport
Beach a listing of its subcontractors together with a completed affirmative action program from each
subcontractor, when applicable.
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Page 2C
7. Section 3 Clause: The Training, Employment and Contracting Opportunities for Business and
Lower Income Persons Assurance of Compliance:
a. This contract is being financed under a program providing direct federal assistance from the
Department of Housing and Urban Development, and as such is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, opportunities for training and employment be
given lower income residents of the project area, particularly persons who are recipients of HUD
assistance for housing, and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of the
contract work.
b. The Contractor shall comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135,
and all applicable rules and orders of the Department issued thereunder prior to the execution of
this contract. The Contractor shall certify and agree that he is under no contractual or other
disability which would prevent him from complying with these requirements.
c. The Contractor agrees to send to each labor organization or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, if any, a notice
advising said labor organization or worker's representative of his commitments under this Section 3
clause, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment or training. The notice shall describe the Section 3 preference, shall set
forth minimum number of job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking applications
for each of the positions; and the anticipated date the work shall begin.
d. The Contractor shall include these Section 3 clauses in every subcontract for this contract and
will, at the direction of the City of Newport Beach, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor shall not
subcontract with any subcontractor where it has notice or knowledge that the latter has been found
in violation of regulations under 24 CFR Part 135, and shall not let any subcontract unless the
subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
e. The Contractor shall certify that any vacant employment positions, including training positions,
that are filled: 1) After the Contractor is selected but before the contract is executed, and 2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the Contractor's obligation under 24 CFR
Part 135.
f. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all
applicable rules and order of the Department of Housing and Urban Devel;opment issued
thereunder prior to the execution of the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the applicant or recipient for such assistance, its
successors, and assigns.
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• •
Page 2D
Failure to fulfill these requirements shall subject the Contractor and subcontractors, their successors
and assigns to these sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
g. The Contractor and subcontractors subject to the requirements of Section 3 are required to
prepare a written affirmative action plan in accordance with the provisions of Sections 135.65 and
135.70, 24 CFR Part 135.
7. Copeland "Anti- Kickback" Act: The Contractor and subcontractors shall comply with the
provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of
Labor regulations, which Act provides that each shall be prohibited from including, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled.
8. Contract Work Hours and Safety Standards Act The Contractor shall comply with the provisions
of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 103 of the Act, the
Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard
workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard
workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1' /z
times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40)
hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no
laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and
health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase
of supplies or materials or articles ordinarily available on the open market or contracts for transportation.
9. Implementation of Clean Air Act and Federal Water Pollution Control Act
a. The Contractor stipulates that all facilities to be utilized in the performance of this Agreement
were not listed, on the date of contract award, on the United States Environmental Protection
Agency (EPA) List of Violating Facilities' pursuant to 40 CFR 15.20.
b. The Contractor agrees to comply with all of the requirements of Section 114 of the Clean Air
Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines
listed thereunder.
c. The Contractor shall promptly notify the City of Newport Beach of the receipt of any
communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be
utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating
Facilities.
d. The Contractor agrees to include or cause to be included the requirements of paragraph (a)
through (d) of this section in every nonexempt subcontract, and further agrees to take such action as
the Government may direct as a means of enforcing such requirements.
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Page 2E
10. Drug Free Workplace The Contractor shall comply with the Drug -Free Workplace Act, and shall
make a good faith effort to continue to maintain a drug -free workplace, including establishing a drug -free
awareness program to inform employees about the dangers of drug abuse and the grantee's policy and
penalties for drug abuse violations occurring in the workplace.
11 Lobbying:
a. No Federal appropriated funds shall be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, and officer or employee of Congress or an employee of a member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
c. The Contractor shall require that the language of this certification be included in the documents
for all subcontracts at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
12. Energy Conservation: Agreements with federal participation shall recognize mandatory standards
and policies relating to energy efficiency which are contained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq).
13. California Fair Em loovment and Housing Act: The Contractor agrees to comply with all
requirements and utilize fair employment practices in accordance with the California Government Code
sections 12900 et seq.
14. California Prevailing Wage Law: The City of Newport Beach has ascertained from the Director of
Industrial Relations of the State of California the general prevailing rate of per diem wages and the general
prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for
each craft of type of work needed to execute this Agreement, and the same has been set forth by resolution
on file the office of the City Clerk.
The Contractor and any subcontractor under it shall pay not less than said prevailing wage rates to
all workers employed on this Public Works Agreement, as required by California Labor Code Sections 1771
and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, the Contractor
agrees to secure payment of compensation to every employee.
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Page 2F
15. California Prevailing Wage Law - Pen�yt : In accordance with Section 1774 and 1775 of the
California Labor Code, the Contractor shall forfeit to the City of Newport Beach a penalty of twenty-five
dollars ($25) for each calendar day or portion thereof for each worker paid (either by the Contractor or any
of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work.
16. California Eight -Hour Law? California Labor Code, Section 1810 et seq, shall apply to the
performance of this Agreement; therefore, not more than eight (8) hours shall constitute one day's work, and
the Cotractor and each subcontractor employed for this project shall not require more than eight (8) hours of
Labor per day or forty (4) hours per week from any one person employed by it hereunder, except as
stipulated in California Labor Code Section 1815. The Contractor and each subcontractor employed by it
hereunder shall, in accordance with California Labor Code section 1812, keep an accurate records, open to
inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each
calendar week by each worker employed in connection with this project.
17. California Eight Hour Law Penalty: Pursuant to this Agreement and in accordance with California
Labor Code Section 1813, the Contractor shall forfeit to the City to Newport Beach a penalty of twenty-five
dollars ($25) for each worker employed hereunder by the Contractor or any subcontractor for each calendar
day during which such worker is required or permitted to work more than eight (8) hours in any one (1)
calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section
1815.
18. Payment of Travel and Subsistence Allowance: Section 1773.8 of the California Labor Code,
regarding the employment of apprentices, is applicable to this contract.
19. Employment of Apprentices: Section 1777.5 of the California Labor Code, regarding the
employment of apprentices, is applicable to this contractor.
20. Form Preparation: The following pages are indicative of many, but not all, federal forms that the
Contractor will be required to prepare in compliance with federal rules and regulations.
698241 - B
Contractor's License Number
and Classification
Construct 1 One. Corp.
Bidder
Uril 25.1996
Date
5/91
S1Brian W. Hundley, President
Authorized Signature/Title
• 6
Page 3
•► ILIMM I.-Mej M •'
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.
Subcontract Work Subcontractor Address
1. Miscellaneous Steel Steve Vanden Branden Garden Grove
2. Painting Yang H. Kim Tustin
3. Plumbing Mako Carson
4. Electrical A.K.R. Anaheim
S. Masonry Steve Lynch Brea
6.
7.
8.
9.
10.
11.
12.
Construct I One, Corp.
Bidder
5/91
S/Brian W. Hundley, President
Authorized Signature/Title
• •
Bond# 10 -B
Premium -NIL
KNOW ALL MEN BY THESE PRESENTS,
Page 4
That we, Construct I One Corp. as bidder, and Washington International Insurance
m an , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Percent of the Amount Bid Dollars ($19N),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 Structural ADA Alterations
C -2948 (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council
of said City, and if the above bounden bidder shall duly enter into and execute a contract for such
construction and shalt 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 22nd day of Auri1, 1926.
Construct I One. Corp, S/Brian W. Hundley, President
Bidder Authorized Signature/Title
S/Karen Chandler
Notary Public
Commission Expires:March 27.2000
5/91
SURETY
Washington International Insurance Company
By:S/Diana Laskowski. Attorney -In -Fact
(Attach Acknowledgment
of Attomey -In -Fact)
State of California
NON - COLLUSION AFFIDAVIT
) ss.
County of Orange )
i
Page 5
Brian W. Hundley, being first duly sworn, deposes and says that he or she is President of Construct 1
One, Corp., 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.
I declare under penalty of perjury that the foregoing is true and correct.
Construct 1 One, Corp. S/Brian W. Hundley. President
Bidder Authorized Signature/Title
Subscribed and sworn to before me this 25th day of Anri1, 1996.
[SEAL]
S/Kathleen G. Rawlings
Notary Public
My Commission Expires: September 12, 1999
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0
Page 6
"Xt1: I MOYAWMII1MI MAO n7 1419M
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
m let d Performed (Detail) To Contact Number
SEE ATTACHED °'CONSTRUCTION PROJECTS"
Construct 1 One, Corp.
Bidder
5/91
SBrian W. Hundley, President
Authorized Signature/Title
0
0
V . y 1 0 6�C�11�
. !�! . 1 . . . 1 v . , .
1. Owner. Gray Enterprises, P.O. Box 5839, Garden Grove, CA 92641
Contact Kathy Rawlings, (714) 2595410
Project Shopping Center, 2200 Harbor Blvd., Costa Mesa, CA
Description: Tenant Improvement to shopping center stores
Amount $500,000+C.O.= $500,000 Own workforce 50%+
Start Date: Jan 1995 Compl Date: Long term Architect Various
2. Owner. County of Orange, P.O. Box 4048, Santa Ana, CA 92702
Contact Ralph Maples, (714) 567 -7826
Project El Modena Community Center, 18672 E. Center St, Orange, CA
Description: Additions and remodeling of community center
Amount $375,000+C.O.= $375,000 Own work force 50%+
Start Date: JuI 1995 Compl Date: Feb 1996 Architect William Uhl & Associates
3. Owner. Irvine Unified School District, 14600 Sand Canyon, Irvine, CA
Contact Lloyd Linton, (714) 730 -5055
Project Culverdale Elementary School, 2 Paseo Westpark, Irvine, CA
Description: Refurbishment to the building exterior
Amount $130,313+C.O.= $134,000 Own work force 50%+
Start Date: Jul 1995 Compl Date: Sep 1995 Architect Knowles Associates
4. Owner. Cal State Univ -Long Beach, 1250 Bellflower, Long Beach, CA
Contact Saundra Gonzales- Fiorenza, (310) 985 -4871
Project Business Office Alterations, Campus of Cal State Univ, Long Beach, CA
Description: Alterations to the Administration Building
Amount $130,000+C.O.= $136,000 Own workforce 50%+
Start Date: Oct 1995 Compl Date: Dec 1995 Architect CSULB Plant Operations
5. Owner.
City of Mission Viejo, 25909 Pala, Suite 150, Mission Viejo, CA 92691
Contact
Ken Friess, (310) 468 -3802
Project
Kennel Pavilion - Animal Center, 28095 Hillcrest, Mission Viejo, CA
Description:
Kennel Pavilion Addition
Amount
$97,380+C.O.= $99,058 Own work force 50%+
Start Date:
Sep 1995 Compl Date: Dec 1995 Architect Rauhaus Architect
6. Owner. Cal State Univ -Long Beach, 1250 Bellflower, Long Beach, CA
Contact Saundra Gonzales - Fiorenza, (310) 985.4871
Project Los Alamitos/Los Cerritos Residence Hall, on campus
Description: ChillerBoiler plant upgrade
Amount $401,500+C.O.= $422,500 Own workforce 50%+
Start Date: Dec 1995 Compl Date: Mar 1996 Architect CSULB Plant Operations
7. Owner. University of California, Los Angeles, 405 Hilgard Ave., Los Angeles, CA
Contact Zora, (310) 825 -7015
Project Ocean Discovery Center-Santa Monica Pier, Santa Monica, CA
Description: Ocean Discovery Center Tenant Improvement
Amount $187,649+C.O.= $202,649 Own workforce 50%+
Start Date: Jan 1996 Compl Date: Apr 1996 Architect UCLA Design & Constr.
0 0
Page 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 Key Rating Guide: Propglly_Casualty. Coverages shall be provided as specified in the Standard
Snecifications 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
w
EXECUTED IN FOUR COUNTOARTS
KNOW ALL MEN BY THESE PRESENTS, that
• BONDII S -500 1562
PREMIUM: INCLUDED IN
PERFORMANCE BOND
Page 8
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted
May 13. 1996. has awarded to Construct 1 One. Corn, hereinafter designated as the "Principal ", a
contract for Structural ADA Alterations (Contract No. 2948) 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. 2948 and the terns
thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall
fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the
work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay
the same to the extent hereinafter set forth:
NOW, THEREFORE, We, Construct 1 One. Corp. as Principal, and
** as Surety, are held firmly bound unto the City of Newport
Beach, in the sum of THREE HUNDRED THIRTY —SIX THOUSAND ONE HUNDRED SIXTY —THREE
Dollars ($ 336,163. 00 1, 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250
of the Civil Code of the State of California.
The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to
file claims under Section 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.
** WASHINGTON INTERNATIONAL INSURANCE COMPANY
5/91
a 0
Page 8A
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 13TH day of MAY , 1996
Construct 1 One. Corn. i
Name of Contractor (Principal) Allawrized Signaturerritle
Brian W. Hundley / President
WASHINGTON INTERNATIONAL
INSURANCE COMPANY BY: l/
Name of Surety Authorized Agent Signature
DAVID L. CULBERTSON / ATTORNEY —IN —FACT
1930 THOREAU DRIVE, SUITE 101
SCHAUMBURG. IL 60173
Address of Surety
(847) 519 -4633
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
i � �. .
CALIFORNIA ALL- PURPOS ACKNOWLEDGMENT
State of CALIFORNIA
County of
On 5 -13 -96 before me, KAREN CHANDLER - NOTARY PUBLIC
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public )
personally appeared DAVID L. CULBERTSON
Name(s) of Signers)
CXpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(l)
whose name(S) isIM subscribed to the within instrument
and acknowledged to me that heexecuted the
same in hisfauthorized capacity, and that by
his/jnuNiar signature(g) on the instrument the person(j),
or the entity upon behalf of which the person(5) acted,
51 Karen Chandler ; executed the instrument.
Comm. #1076969
° NOTARYPUBUC CALIFORNIAO
ORANGE C�T�' A WITNESS my hand and official seal.
Comm. Ex p. March 27,20M
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: PAYMENT BOND
Document Date: 5 -13 -96 Number of Pages: 2
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: DAVID L. CDT.RFRTCON
■
ii
■
■
■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
El
❑
LN
N
■
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
❑ General
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
01994 National Notary Association, 11236 Remmet Ave.. P.O. Box 7184, Canoga Park. CA 91309 -7184 Prod. No. 5907 Reorder, Call Toll -Frea 1- 600 - 676-6627
CALIFORNIA ALL -PURPO *ACKNOWLEDGMENT 0
State of CAGza :le /L}
County of
On M,9Y /o/ / 996 before me, iCA7�✓<�c� /�/ G ��Jc. Ns_c- 7AP�/
Date — Name and Title of Officer (e.g.. "Jane 6oc. Notary Public")
personally appeared
Xpersonally known to me — OR —. proved to me on the basis of satisfactory evidence to be the person*
whose name(g) is /fie subscribed to the within instrument
and acknowledged to me that he /syld /ttaey executed the
same in his /* /tt6ir authorized capacity(Os), and that by
his /tyar /tbetr signature(s ) on the instrument the person(&),
"-- --'------ -- - - ---- or the entity upon behalf of which the person(2r) acted,
I KATHLEEN f-1- RAWLINGSI
COMM. #1071788
NOTARY PUSIC • CAUFORNIA
ORANafi COUNTY
i My Commletlon EVIM SWWber 13 ,1999 ;
executed the instrument.
WITNESS my hand and official seal.
,;.// Z 6 �
Signature of Notary Public tl
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
TA
Title or Type of Document: y mewl .20A,�o
Document Date: /y).sty /3/ /9i� Number of Pages: .2-1
Signer(s) Other Than Named Above: Zi/i ✓/D X. CCJGBE.P7S p/I/
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rif? /At/ 0• iNDC�Y
Individual
Corporate fficer
Title(_): � �:2/DEA/T
Partner Limited General
Attorney -in -Fact
Trustee
= Guardian or Conservator
Other: Too of thumb here
Signer Is Representing:
6A1TrR -eK7- / &A IC 6,&—
Signer's Name:
Individual
Corporate Officer
Title(s):
f.] Partner — ❑ Limited
Attorney -in -Fact
General
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Y.
r.
t2
0 1995 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 913094184 Prod. No. 5907 Reorder: Call Toll-Free 1- 800.876.6829
EXECUTED IN FOUR COUNTEORTS • BOND# 5 -500 1562
PREMIUM: $6,042.00
Page 9
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted
May 13 1996. has awarded to Construct I One. Coro, hereinafter designated as the "Principal', a
contract for Structural ADA Alterations (Contract No. 2948) 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. 2948 and the terms thereof
require the furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, Construct 1 One Corp., as . Principal, and
WASHINGTON INTERNATIONAL INSURANCE COMPANY as Surety, are held firmly bound unto the City
of Newport Beach, in the sum of ** Dollars ($336,163.011 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 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.
** THREE HUNDRED THIRTY —SIX THOUSAND ONE HUNDRED SIXTY —THREE DOLLARS AND NO /100.
-Soo 15 (t, '.)—
5/91
0 i
Page 9A
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on the 13TH day of MAY 1996
Construct 1 One. Corp. BY:
Name of Contractor (Principal) Authorized Signature/Title
Brian W. Hundley / President
WASHINGTON INTERNATIONAL �� L
INSURANCE COMPANY BY:
Name of Surety Authorized Agent Signature
DAVID L. CULBERTSON / ATTORNEY -IN -FACT
1930 THOREAU DRIVE, SUITE 101
SCHAUMBURG, IL 60173 (847) 519 -4633
Address of Surety Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
�7
1
•
CALIFORNIA ALL-PURPON ACKNOWLEDGMENT •
State of CALIFORNIA
County of ORANGE
On
5 -13 -96
before me, KAREN CHANDLER - NOTARY PUBLIC
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public ")
personally appeared DAVID L. CULBERTSON
Names) of Signer(s)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(%)
whose name *) isU* subscribed to the within instrument
and acknowledged to me that helms executed the
same in hisauthorized capacity), and that by
hisr signature(s) on the instrument the person(%),
Karen Chandler or the entity upon behalf of which the person fp) acted,
i) Comm #1076369 ; executed the instrument.
ME TARV PUFpANIAotr:m. E 13.EC A27 2ppp+' WITNESS my hand and official seal.
SignatureW Nrnsry Publk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: PERFORMANCE BOND
Document Date: 5 -13 -96 Number of Pages: 2
Signer(s) Other Than Named Above: N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: DAVID L. CULBERTSON
in
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
a
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod No. 5907 Reorder: Call Toll -Free 1- 600 - 876-8827
0 0
[y.
CALIFORNIA ALL- PURPOOACKNOWLEDGMENT •
State of CAI /Fb E"iY /A
County of 101i
On /may /6 , i9Y4�o before me,AIATSfi G x1a4/ii /✓o7MV ey 7dBL /�
Cate pp ✓ ,, // Name and Title of Officer (e.g..'Jane 0 e. Notary Public')
personally appeared 941,4 0. 11VA1OL6y
Names) of Stgner(s)
Xpersonally known to me – OR – C proved to me on the basis of satisfactory evidence to be the person(o
whose name(g) is /ape subscribed to the within instrument
and acknowledged to me that he /she /Wy executed the
same in his /her /their authorized capacity(ies), and that by
his /bcr /t1 skrr signatures) on the instrument the person(*,
---------------------
I KATHLEEN G. RAWLINGS; or the entity upon behalf of which the person(s) acted,
S COMM. #1071788 executed the instrument.
NOTARY PU9UC •CALIFORNIA
ORANGE COUNTY WITNESS my hand and official seal.
MY Commissbn Exptree September 13,1998 j
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Fa/77/FU4 TEiPFo.e//7/3n/CE /_'i
Document Date: /SAY 13, ZM Numberof Pages:
Signer(s) Other Than Named Above: ZDH P X. Cucd E.V77 '041
Capacity(ii Claimed by Sig'n/ell
Signer's Name: &L.4A/ /,U• A440i
_; Individual
X Corporate gfficer
Title(s): y4F.51,406 i✓r
❑ Partner — Limited General
D Attorney -in -Fact
Trustee
Guardian or Conservator
Other: Top of thumb here
Signer Is Representing:
6A/ST,E 7- / ME �
Signer's Name:
Individual
1 Corporate Officer
Title(s):
Partner — C Limited -
- Attorney -in -Fact
- Trustee
- Guardian or Conservator
- Other:
Signer Is Representing:
General
RIGHT THUMBPRINT
OF SIGNER
m 1995 National Notary Association • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876-6827
WASHINGTO&NTERNATIONAL INSURANOWOMPANY
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the
laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint
KAREN CHANDLER, RICHARD A. COON, DAVID L. CULBERTSON, LINDA L. CULBERTSON,
CHARLES L. FLAKE, DIANA LASKOWSKI AND LEXIE SHERWOOD EACH IN THEIR SEPARATE CAPACITY
its true and lawful attorney(s)-in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or
permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,
shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the
same has been duly executed and acknowledged by its President and its principal office.
This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978,
July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in-
Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special
Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of- attorney issued in pursuant to this section and /or
any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke
the authority given him.
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the
corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by
facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed
in the ordinary course of business shall be valid and binding upon the Company.
IN TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed and its corporate
seal to be affixed by iLss4podllftij�officer, this 26th day of June, 1995.
oA,; ``o'�•......�•.'fG�1
"CORPORATE 1F.
SEA! ;M
�9 `f, AR170NA 4
STATE OF d
COUNTY OF CO�!•y� �fNaaV`y
INSURANCE COMPANY
On this 26th day of June,)MMt-before me came the individual who executed the preceding instrument, to me personally know, and, being
by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that
the seal affixed to said instrument is the Corporate Seal of said Company;
IN TESTIM_Q9.jy.WEREOF, 1 have hereunto my hand and affixed my Official Seal, the day and year first above written.
"OFFICIg1 SEglrr S
CHRISTINE ZARETSKY
Notary Pubfir, State of Illina ;$ Ch tine Zaretsky Notary ublic
MMy Commisson Expires 107.96 jMy Commission Aires Oc ober 7 4 96
CERTIFICATE--..•:
STATE OF ILLINOIS)
COUNTY OF COOK)
1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III,
Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now
in force,
Signed and sealed in the County of Cook. Date a 9TH day of MAY 19 96 .
J41, A
Lewis M. Moeller, Secretary
a
• Page 10
OI ffi?ON INSURANCE SERVICES
COMPANIES AFFORDING COVERAGE
j 16969 VON KARMAN AVE. SUITE 260 1
C�x Y ApacifiC INSurance Co.
IRVINE, CA 92714
LETTER
COMPANY B c o Swett & Crawford
LETTER
IN Construct 1 One, Co p-
cLE�g YC
1421 Edinger Avenue, Suite A
COMPANY
D
Tustin, CA 92680
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE.
CO
.L.R
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
(OCCURENCE BASIS ONLY)
I0004059
5/1/96
5/1/97
GENERAL AGGREGATE
$ 2,000,000
A
COMMERCIAL
COMPREHENSIVE
PRODUCTS/COMPLETED
$ 1,000,000
OPERATIONS AGGREGATE -
OWNERS &CONTRACTORS
PERSONAL INJURY
$ 1,000,000
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
CONTRACT
PRODUCTSICOMPLETED OPERATION
EACH OCCURENCE
$
1,000,000
XCU HAZARDS
BROAD FORM PROPERTY DAMAGE
SEVERABILITY OF INTEREST CLAUSE
FIRE DAMAGE
(ANYONE FIRE)
$F7CC1lJC%CI
P.1. WITH EMPLOYEE EXCLUSION
MEDICAL EXPENSES
$ Excluded
REMOVED
MARINE
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
COMBINED
SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS
(PER PERSON)
SCHEDULED AUTOS
BODILY INJURY
$
HIRED AUTOS
(PER ACCIDENT)
NON -OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
•
OCCURENCE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
$
$
WORKERS' COMPENSATION
STATUTORY
$
EACH ACCIDENT
&
$
DISEASE -POLICY LIMIT
EMPLOYERS' LIABILITY
$
DISEASE -EACH EMPLOYEE
OTHER
$
DESCRIPTION OF OPERATIONSA .00ATONSNEHICLES/RE'TF 'TIONSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT:
Structural ADA Alterations C -2948
PROJECT TITLE AND CONTRACT NUMBER
wv -.'o-:. , � t4�a r:"+e ''.. �.rl Ye 'pa '»
r+v � r r n`a ;$ + #?al�.�a.'!: 1; Cir.`b : � r F•E zS� s151 ' �y "St'tiluP"°' 93:, new RIM
ADDITIONALLY INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CANCELLED OR
CITY OF NEWPORT BEACH
COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING
P.O. BOX 1769
COVERAGE WALL PROVIDE 30 DAYS MINIMUM ADV CE NOTICE TO THE CITY OF
NEWPORT
NEWPORT H BY FIRST CLASS MAI
N
NE
EWPORT BEACH, CALIFORNIA 92658 -8915
ATTENTION: I_ingi Dalton
AUTHOROWRARESENTATIVE ISSUE DATE
0 0
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 Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the
explosion hazard, collapse hazard and underground property hazard (commonly referred to as
"XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of
this endorsement shall be the limits indicated below written on an "Occurrence" basis:
(K) 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).
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.
5/91
0
0
Page l IA
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.
Designated Contract: Structural ADA Alterations C -2948
Project Title and Contract No.
This endorsement is effective 5/1/96 at 12:01 a.m. and forms a part of Policy No.
ZI0004059 of Pacific Ins Co. (Company Affording Coverage).
Insured: Construct 1 One, Corp. Endorsement No.: 1
ISSUING COMPANY
By:
Authorized Represen ve
5/91
I
1 _.
" 6 -19 -1996 3:19Pt4
FROH CONSTRUCTIONECORP 7142595406
P.1
PRODUCER .Ms
•
-
Pagel(
r
a G�RIIC�CdINS.URANCE., °.,x..
PRODUCER .Ms
COMPANIES AFFORDING COVERAGE
3sREDOIJGOAVE.,EI-
LR YA Mercury Casualty
_ ::C BEACH, CAUKIRNIA SGd ;
PH. (310) 458 -1301
COMPANY B
LETTER _
INSURED
COMPANY C
Construct One Corp.
LETTER
^�
COMPANY
1421 Edinger #A
Tustin, Ca.T Ca., 92680
COMPANY E
ATTN: Brian Hundley
LETTER
COVERAGI S
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 PERTaN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTSNOED OR ALTERED BY THIS CERTIFICATE.
CO
TYPE OF INSURANCE
POLICY
EFF£CnVE
DATE
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
T
NUMBER
__
GENERAL LIABILITY
GENERAL AGGREGATE
$
(OCCURENCE BASIS ONLY)
COMMERCIAL
I
PPERA71NSAG LEGA
$
COMPREHENSIVE
OPERATIONS AGGREGATE -
OWNERS &CONTRACTORS
PERSONAL INJURY
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
CONTRACT
fs
PRODUCT$/COMPLETED OPERATION
EACH OCCURENCE
XCU HAZARDS
FIRE
S
BROAD FORM PROPERTY DAMAGE
$EVERABILITY OF INI EREST CLAUSE
(ANYONE FIE
(ANYONE FIRE)
P. L WITH EMPLOYEE EXCLUSION
MEDICAL HXPENSEB
s
REMOVED
MARINE
_—
(ANY ONE PERSON) –
I
AUTOMOBILE LIABILITY
COMBINED
SINGLE LIMIT
$1000
ANY AUTO
BODILY INJURY
ALL OWNED AV70S
(PER PERSON)
S
A
SCHEDULED AUTOS
AC 11016 4 5
12/29/9
�"
BODILY INJURY
S
HIRED AUTOS
2/29/96
(PER ACCIDENT)
PROPERTY
$
NON -OWNED AUTOS
GARAGE LIABILITY
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
OCGURENCE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
$
$
STATUTORY
WORKERS' COMPENSATION
$
EACH ACCIDENT
S
DISEASE - POLICY LIMIT
EMPLOYERS' LIABILITY
$
DISEASE -EACH EMPLOYEE
I
OTHER
$
DESCRIPTION OF OPERATIONSAACATIONSVEMICLESMeSTRICTIONS /SPECIAL ITEM$: ALL OPERATIONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT:
5+ruc�ut -�l 4O4 y zor�_ _ C- _ _ z9
PROJECT TITLE AND CONTRACT NUMBER
CERTIFICiiYEriOY:DER'a ;:,. `',;p. iCANCELCA7tONt
-" , >:, ,,, ;
ADDITIONALLY INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CANCELLED OR
CITY OF NEWPORT BEACH
COVERAGE REDUCED BEFO E"SI(E EXPIRATION DATE THE COMPANY AFFORDING
P.O. BOX 1768
COVERAGE SHALL PROVI 9,(YS MINIMUM ADVANCE NOTICE TO THE CITY OF
1300 NEWPORT BOULEVARD
NEWPORT BEACH BY ST SS Ma
NEWPORTBEACH, ALf ORhjI 2658 -8915
ATTENTION: L O igi
A ORI?ED RESENTATIV ' ISSUE DATE
F16/17/1996 13:39 714- 259 -5407 CONSTPUCIT 1 ONE CORP PAGE 61
Page 12
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.
5/51
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."
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:
O Multiple limits
Bodily Injury Liability
Bodily Injury Liability
Property Damage Liability
O Combined Single Limit
Bodily Injury Liability &
Property Damage Liability
$ per person
$ per accident
1,000,000.00
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.
0
•
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.
5. Designated Contract: Structural ADA AlligMttions C -2945
Project Title and Contract No.
6%17/96
This endorsement is effective at 12:01 a.m. and forms a part of Policy No.
AC 110164 5� f mercury C s ua (Company Affording Coverage).
Insured: Construct 1 one Corp.
ISSUING COMPANY
sy:
Authorize Repr entat ve
5/91
Endorsement No.:
0
FMIJ •u@: 1� )ice► ►��' ul
It is agreed that:
1. With respect to such insurance as is
Newport Beach, its officers and empl
for damages arising out of the owner
on behalf of the named insured in o
extended by this endoriewic—y'-
damage arising out of
or (2) leased or rente
insurance afforded sa
insurance maintained
insurance provided by
2.
3.
5/91
The policy include# the
The lit
en
()
Page 12
�4ded'' y thl policy for Autom ile Liability, the City of
ees are ad i nal insureds, b only with respect to liability
p, to ce or use of a omobiles (or autos) used by or
n ion with the contra designated below. The insurance
titio/n i nsured does of apply to bodily injury or property
y or registe in the name of an additional insured,
al insured, or (3 operated by an additional insured. The
sured(s) shall pply as primary insurance and no other
Newport ch shall be called upon to contribute with
Horded by policy applies separately to each insured
coverage pf against whom a claim is made or suit is
with re t to the limits of liability of the company
-- '
ility undX this endorsement for the additional insureds named in Paragraph 1. of
shall Vthe limits indicated below for either Multiple Limits or Single Limit:
Multiple l' is
Bodily jury Liability
Bo 'y Injury Liability
operty Damage Liability
Combined Single Limit
Bodily Injury Liability &
Property Damage Liability
f
$ per person
per accident
/I rII�
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.
• 0
Page 12A
4. Should the policy be non - renewed, canceled or coverage reduced bef the expir io date there ,
the Issuing Company shall provide 30 days' advance notice o e C' of ort Beac by
registered mail, Attention: Public Works Department.
5. Designated Contract: - 4
Project Title ontract
This endorseme t is effective 1201 .m. and s a part of Policy No.
A%I►__(/at of (Co panyt4ffo in�erage).
Insured:
6J
5/91
R.T.I.
RAYTiMSTRAINS. SERXES
1383RMMAVE., il'I
LONG MW CALIFORNIA 90804
PH. (310) 498 -1301
1]
ell
E
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."
Z—'12 t Construct 1 One. Corp.
Date Name of Contractor (Principal)
C -2948
Contract Number Authorized Signature and Title
Brian W. Hundley / President
5/91
• •
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
I NS U R A N C E
FUND CERTIFICATE OF WORK,til,S ',,COMPENSATION INSURANCE.,,
MAY 10. 1,196' PPLICY NUMSE
394z�8�5,6
95
c&tIhcAT E 60' RE s:, 171, -96
CITY OF NEWPORT kieN
ATTN- LLOYD ,.,OAL'
T-O N
P.O. BOX 1176 3'500 NEWPOT'BLVO. z z
NEWPORT BEACH. 92658-a9" . . .. �,,,Josi�,,"UQRXL ADA
ALTERATIONS. C-2948
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissionerto the employer named below forthe policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which thi6` certificate of, imtrance may be is�ued'or may pertain, the insurance afforded by the policies
described herein issubject to all the,terms, exclusions and conditions of sucW 61 1
.po Ides.
",Oov-
PRESIDENT'
lva
EMPLOYER'S LIABILITY LIMIT INcLu.D,ING' D;E%f E N &
E COSTS-.. V11 P).p o,%O 0 0. PER OCCURRENCE
CONSTRUCT I ONEi,:CORP
1421 EDINGER AVENUE. #A
TUSTINx CA 92680
0
0
Page 14
THIS AGREEMENT, entered into this N" day of M 19!� by and between the
CITY OF NEWPORT BEACH, hereinafter "City," and Construct 109. Corn., hereinafter "Contractor,"
is made with reference to the following facts:
A. City has heretofore advertised for bids for the following described public work:
Structural ADA Alterations C -2948
Title of Project Contract No.
B. Contractor has been determined by City to be the lowest responsible bidder on said public
work, and Contractors 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:
Contractor shall furnish all materials and perform all of the work for the construction of the
following described public work:
Structural ADA Alterations C -2948
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 Three Hundred Thirty -Six Thousand One
Hundred Sixty -Three Dollars end No /100 Cents ($336.163.011). This compensation
includes:
(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 loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the
work by City.
5/91
E
Page 14A
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 Structural ADA Alterations C -2948
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.
"' • • • ' LVJ
[Atli
�/
ATTEST:
N-11 _
5/91
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
Construct 1 One. Corp.
Name of Contractor
Authorized Signature and Title
Brian W. Hundley / President
Authorized to Publish Advertisements of all ki eluding public notices by
Decree of the Superior Court of Orange Coun Ilfornia. Number A•6214,
September 29, 1961, and A -24631 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of- eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH-COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published
published in the City•of Costa Mesa, County
of' Orange State of and that
California,
attached Notice is a true and complete copy
as was printed and published on the
following dates'
r
April 1 , 1996
I declare, under penalty of perjury, that the
foregoing is true and correct.
PUBLIC NOTICE
PUBLIC NOTICE
ANDNOTICE
OF INVITING BIDS
Sealed bids may be re-
calved at the office of the
City Clerk, 3300 Newport
Boulevartl, P.O. Box 1768,
Newport Beach, CA 92659-
1768 until 11:00 A.M. on
the 25th day of April, 1996,
at which time each bids
be opened and read
for:
STRUCTURAL ADA AL.
TERATIONS
Contract No.: 29x8
Engineer's Estimate:
$600,000
Notice is hereby given
that the City of Newport
Beach will use Community
Development Block Grant
(CDBG) funds from the
U.S. Department of Hous-
and urban Develop -.
man, to fund this project. It
is HUD's requirement that
employment and other eco-
nomic opportunities goner-
ated by CDBG funds shall
to the greatest extent fea•
sible be directed to low
and very tow Income per-
sons located within a spec-.
filed geographical area,
particularly those who are
recipients of government
assistance for housing, and
to business concerns
which provide economic
opportunities to low and
very low Income persons.
The successful contractor
as a condition of the con-
tract shall be subject to the
Section 3 requirements to
encourage, to the greatest.
extent feasible, training,
i employment, and contract•
. Ing opportunities 10 law
Income and very low •
Income persons and Wei•
employ ow•income W- r!
f very low-income persona
' located within a specified
gSecti nhi3aBus nose Con -
earn: A business entity
formed In accordance with
State law, to engage in the
type of business activity for
which it was formed,. and;
1) Is 51% or more owned
by Section 3 residents or
2) whose permanent, full -
time employees Include
persons, least 0 per-
per -
rently
cent of whom m are currently
section 3 residents, or
within three years of the
date of first employment
with the business concern
were section 3 residents;
or 3) that provides evi-
dance of a commitment to
subcontract In excess of
25% of the dollar award of
all subcontracts to be
awarded to business con-
earns that meet the qualifi-
cations set forth in 1) and
2) above.
Section 3 Resident; 1) A
public housing resident; or
2 An Individual who re•
sides In the neighborhood
or County In which the per -
sons benefittkg from the
Section 3 covered project
reslde.
Prospective bidders may
obtain one set of bid docu-
manta at no cos, at the of-
five of the Public Works
Department, 3300 Newport
Boulevard, Newport Beach,
CA 92659.1768.
For further Information,
please contact Lloyd Dal -
ton, Project Manager, at
(714) 644 -3328.
Published Newport
Beach -Costa Mesa Daily
Pilot March 27, April 1,
1998.
W521
'
ness concerns owned by
low-income and very low-
income persons, or which
Executed on April 1 , 199 6
at Costa Mesa, California.
4
X, { /-
Signature
0