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C-3225(A) - Newport Theatre Arts Building Addition
July 25, 2000 CIT OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 LTG Construction Co. 28241 Crown Valley Parkway Laguna Niguel, CA 92627 Subject: Newport Theater Arts Center Addition (C -3225) To Whom It May Concern: On January 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 26, 2000, Reference No. 20000046074. The Surety for the contract is Reliance Surety Company, and the bond number is B292- 21 -22. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown Deputy City Clerk cc: Public Works Department enclosure 3300 Newport Boulevard, Newport Beach March 1, 2000 CITY OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 LTG Construction Co. 28241 Crown Valley Parkway Laguna Niguel, CA 92627 Subject: Newport Theatre Arts Center Addition (C -3225) To Whom It May Concern: On January 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 26, 2000, Reference No. 20000046074. The Surety for the contract is Reliance Surety Company, and the bond number is B2922122. Enclosed are the Bidders Bond and the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encls. 3300 Newport Boulevard, Newport Beach 05/27/99 TRU 18:08 FAX 949 388 2457 LTG Construction C, I R003 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT THEATRE ARTS CENTER ADDITION, Contract No. 3225 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract Is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday. Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual. it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 28TH day of PLAY LTG CONSTRUCTION Name of Contractor (Principal) RELIANCE SURETY COMPANY Name of Surety 700 N. BRAND BLVD, 111250 GLENDALE, CA 91203 Address of Surety (818)547 -6723 Telephone Title WE JR., ATTORNEY -IN -FACT (Notary acknowledgment of Principal $ Surety must he attached) CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • State of County of CALIFORNIA ORANGE On MAY 28, 1999 before me, N. TREDINNICR, NOTARY PUBLIC DATE NAME TRLE OF OFFICER - EG.,'JANE DOE NOTARY PUBLIC No. SW? personally appeared JAMES BALDASSARE, JR. NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ to be the person(j) whose name(g) is/ subscribed to the within instrument and ac- knowledged to me that he/xalt executed the same in hiskT authorized capacityolm;q, and that by hiss signature(t) on the instrument the person(g), ' M.TREDINNICK or the entity upon behalf of which the Commission X 1213054 Notary Public - California person(so acted, executed the instrument. Orange County My C,Orrtrn. Expi%Nar26.2fT:'+ WITNESS my hand and offici e IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(ST ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTm'(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 6238 Rammet Ave., P.O. Box 7184 - Canoga Park CA 91309.7184 RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael A. Quigley, James Baldassare, Jr., of Ailso Viejo; California their true and lawful Attomey(s )-in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and dead any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Ahomey(s)4rI -Fact may do in Pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE Col - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Bond of DisaWn, the Pro ideot, tho fludy om of the B.M. my Swim Viee Possidm, any Vise Psvident Of Assioand V'ce I'Midbnt at olbo, outer d.igonrd by the Goad of Dbcvm "I have poxes and authority to bd appoint Amrmyb;}I Fat aA in authorize tlrm in .avm on bebaf of the Cmtgsmy, bonds nod msdmakin rcCo viarm, contacts of thesGaf. and (b) m seams, any sudb Anormya }bi Fee a my time and reads, the poxes and anthorfry given m them. �• ¢ udemmty ad atic writioP oWigamy k the vent, 2. A maces f indessm shall base power end autharay, is d's m rite toms and . onvi m of the Poser of Massey am validity id them. y bonds nand de m beldf of Ibe Compeoy, hoods and vodests! inp, svid.gs obligatory ory in the Daum Utveof. 3. Anoroey(.)4.Fav, shall have paws and anthucity as weds!, affWavin mq.hod m ba aoaslcd to bonds, res,gn®sre, mnnan of Moronity or od v mnditioml m obi4suay uvdwkings ad they shall Was have poxes and aufhvity on anti!, the fnsod'ul snfembm of fin Co;aoy and in Cold. of tho By -Iowa of the Company many snick or amino dmmf. This Power of Astmm, a signori and .led by Sesimge node and by authorn, of des following remlutioa adapted by the Ex.tive and No. Cammitmes of the Boards a D"ucmv of Blots, Imurauce ComPm,, Untied Psifc 1. Company and Mkom Nuiv sl Indemnity Company by Umvimo. Comed dud v of February 29, 19M and by the EzeCodm and Fitmchl Comminse of the Boazd of cannons of Mi.. Sosey, Ctmpao, by Usminmm Consent dad m a Marl 31, 1996. 'R=hTd the toe u9names of such dubmms and offices ad fhb sal of toe Company Coy be affixed to my such Powv of Amrnry m any msifioos osleang ds rm by bssabo le, ad my sucA Poxes of Avmney . ccodfinu bearing such fmsissile signmvv m fa.imils sal shall be valid and binding upon the Company ad my such Posvv so esvu2d and evdfied by favhada sigtmuu and facsimile seal shall be valid and binding upw the C°svpany, in des fumm wish reopen m any bond or undertaking in nebich b a aorbd.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 17, 1998. RELIANCE SURETY COMPANY seen,. ♦swxgy ub. �y w°p RELIANCE INSURANCE COMPANY i ♦ °pPOq�J oar `� ♦' °PangP"�•,o ,; ° °a,POgr�1 UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY u $de59 0 • saw. � � ry Re �ry'yfAN'�> STATE OF Washington } COUNTY OF King )SS On this, April 17, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto sat my hand and official seal. ry Public in and for the State of Washington Residing at Puyallup I, Robyn Laying, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby Certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28TH day of MAY year of 1999, ♦,IaF rr `G Vaa9♦� Prl lNa(t .�� / //� u PIO °a � tOr. � PPOC `S ,O° PPOgVZ2 L JGn uSEAiw = " °Sm y, yyt Bsd� C Assistant Secretary .. PAGE 14 CITY OF NEWPORT BEACH EXECUTED IN 4 COUNTERPARTS PUBLIC WORKS DEPARTMENT Premium for this bond Inducted NEWPORT THEATRE ARTS CENTER ADDITION In charge for PetfomlanceBond. CONTRACT NO. 3225 BOND NO. s292 21 22 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to LTG CONSTRUCTION hereinafter designated as the "Principal;' a contract for construction of NEWPORT THEATRE ARTS CENTER ADDITION, Contract No. 3225 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3225 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, RELIANCE SURETY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED AND NO /100 - - - -- Dollars ($), $118,800.00--- - - - - -- lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 14TH day of .TUNE , 19 99 LTG CONSTRUCTION Name of Contractor (Principal) RELIANCE SURETY COMPANY Name of Surety 700 N. BRAND BLVD., 111250 GLENDALE, CA 91203 Address of Surety (818)547 -6723 Telephone Print Name and Title ?ACT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE46KNOWLEDGMENT 40 NO. 5W7 State of CALIFORNIA County of ORANGE On JUNE 14, 1999 before me, M. TREDINNICK, NOTARY PUBLIC DATE NAME, TrrLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared MICHAEL A. QUIGLEY NAME(S) OF SIGNER(S) M personally known to me - OR - ❑ to be the person(j) whose name(g) is/ subscribed to the within instrument and ac- knowledged to me that he /s17 executed the same in hishMmUdYak authorized capacityoUv.:g, and that by hisPigRVIRWi signature() on the instrument the person(g), or the entity upon behalf of which the M. TREDINNICK Commission p 12)3054 j person(a) acted, executed the instrument. s r+otav Public - CanfOmla E 3 orange County WITNESS my hand and o ' ' I seal. SIGNATURE OF N ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TrrLE(3) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(s) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave., P.O. aox 7184. Canoga Park OA 87309'7184 RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duty organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duty organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively piled 'the Companies') and that the Companies by virtue of signature and seats do hereby make, constitute and appoint Michael A. Quigley, James Baldassare, Jr., of Allso Viejo, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s )-in -Fad may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII -EXECUTION OF BONDS AND UNDERTAKINGS I. The Bond of Directors, m Reldeet, the Clone" of fm Bond. any Serb V er Resident. ary Vim Rmident m Animet Vice Rmideot or other officer denigrated by de Bond of Duemrs shW have power and audvhy In Ia) Worm Amxveyp }ia.Pect W m avthm. ILI re mcrnm oo behalf of the Company, both ad udertakings, rtmMi., co onou of indemnity and a her writings obligatory in the oanoe thereof, ua (b) to mown, arty such Ae«rey(s}rmFaer a W time a i tewge the power ad auther'q given to them. 2. Aeornens )-in.Fae shag have power and audviry. subjwa to the tams eel hoo edom a the Power of Attorney usued to them, In mecme and deliver on bebalf of the Caatavy, bonds ad oderrkinD, mrngn®vcm, crrmaee of iodewdty and other wsidsgs obligatory w the mwe thereof. The ,saperae feel is not narmry for the validity ninny booty and m,deemkinga meogalmree, conmaas of idemniry anti other, writings obligatory in the name theroof. 3. Am Y(.)-in-Fact SW have power ad authority m esecue affidavits tequved ve be aemhed In bonds, raapsinvice, mno`ncm of indemnity «other mMidoml or obligatory undataki nG acl the hag 1 s aim have power ad authority to mdfy der W sent.^ -^• of th<Cmtavy ad In rotten of the BP Law's of the eompmy or any snick «ssvioo thereof. Thu Porter e( AtMey h sigted ad sealed by tamimik under od by audwriry of the mlbwivg reolutiao edopmd by the Eaauuw and Finance Committee of the Brarts of Direcr«s of Relieve Itte. Company, United Pecife Immune Content, and Reliever Nadoml Indecently Compaq by Umnimom Coherent dated as of February 29. 19% ad by the &oettive amt Fimrcial Committee of the Brad of Directory of Relianec Surety Compaq by Utmimom Comm dated a of Mamb 31, 1996. 'Renolved dud the sipamre of surd d'vectors ad -henry ad the sal of the Company may be effined m any such Poynter of Amery or any "Ileate mleling thereto by famimge, and any such Power of Attorney or ernifrae bearing such freeimd a ninob res e, N ftni o sal shall be valid ad billing upon the Compaq ad aq such Power m osecued and certified by fvmimile sigwums end faeimile seal shall be valid ad biding upon the Company. in the forum with rt tea to soy bond or undutaking to which it u attachd.' IN WITNESS WHEREOF, the Companies have mused these presents to be signed and their Corporate seats to be hereto affixed, this April 17, 1998. otee c n.ua �wp6. PPeRy�_ tie PP OgUy'l) T � 2T 4n, ,n < SEAL _ � ft9sa� o +pge � SC�f � Di °vanr.� +3b sass STATE OF Washington I COUNTY OF King )SS. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, April 17, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein Contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. N ry Public in and for the State of Washington Residing at Puyallup I. Robyn Laying, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effecL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies` this 14TH day of JUNE year of 1999 searrr ,>oaes, c,ov,ss, tays.INO� I /��(`� Q °. ^Cy t• o 9RAL = (��1l a3 SEAL ;��asa� o ` +sa• y„ �J 9 § sage dc'otb t Assistant Secretary . RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 #I Recorded in the County of Orange, California Gary L Granville, Clerk /Recorder No Fee eea 00056136 20000046074 12:59PM 01/26/00 114 59 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 015 pursuant to Government Code i tion 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LTG Construction, of Laguna Niguel, California, as Contractor, entered into a Contract on June 14, 1999. Said Contract set forth certain improvements, as follows: Newport Theatre Arts Center Addition, C -3225 Work on said Contract was completed on November 19, 1999, and was found to be acceptable on January 25, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Reliance Surety Company. On Pdbii; Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on < BYf City Clerk , at Newport Beach, California. 0 • • TO: Mayor and Members of the City Council FROM: Public Works Department 0 C�? C- 3aa-5) January 25, 2000 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: NEWPORT THEATRE ARTS CENTER ADDITION, si In 13 _ CONTRACT NO. 3225 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 6 months after Council acceptance. DISCUSSION: On June 14, 1999, the City Council authorized the award of the Newport Theatre Arts Center (NTAC) Addition contract to LTG Construction, of Laguna Niguel, California. The contract provided for the extension of the rear 2 -story facility by 15 feet and thereby increasing the theatre's useable area by 1232 square feet. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $118,800 Actual amount of bid items constructed: 118,800 Total amount of change orders: 7,251 Final contract cost: $126,051 A total of 3 change orders were issued to complete the project. They were as follows: 1. A change order in the amount of $6,025 provided for the overexcavation of unstable soil for placement of footings, installation of a new carpet in the old facility, and other miscellaneous work. • 2. A change order in the amount of $1,133 provided for the installation of additional emergency exit door lighting and concrete walkways. SUBJECT: Newport Theatre Arts ter Addition, Contract No. 3225 - Completion And Atance January 25, 2000 Page 2 A change order in the amount of $93 provided for the installation of a timer to . turn off the emergency door outdoor lighting in the late evening. The addition of the contract change orders resulted in a final overall construction cost increase of 6.1 %b over the original bid amount. Funds for the project were budgeted in the following accounts: Description Account No. Amount Facilities Rehab /Remodel NTAC 7011- C4120430 $36,051 Contribution NTAC 7251- C4120430 $90,000 The scheduled completion date was August 26, 1999. Due to extra work, and a lengthy lead -time in obtaining a wheelchair lift, the completion date was extended to November 19, 1999. All work, with the exception of minor punch -list items, was complete by that date. Respectfully submnitte PUBLIC WORKS DEPARTMENT Don Webb, Director Horst Hlawaty, P.E. Construction Engineer \\mis_l\sys \users\pbw\ shared \wuncil\fy99 -00\ anuary- 25\ntac o-3225.d0c • 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT THEATER ARTS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, made and entered into this /'� day of ,1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Brion S. Jeannette & Associates, Inc., whose address is 470 Old Newport Boulevard, Newport Beach, California 92663 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS A. On January 15, 1999, a Professional Services Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend the AGREEMENT to include construction support services as set forth in CONSULTANT's letter proposal dated June 3, 1999. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED CONSULTANT shall diligently perform all the duties set forth in the scope of services described in the June 3, 1999, letter attached hereto as Exhibit "A" and incorporated herein by reference. 2. COMPENSATION TO CONSULTANT CITY shall compensate CONSULTANT for construction support services an additional amount not to exceed $6,200, with total compensation to CONSULTANT for all services specified under AGREEMENT increased from $25,900 to a new not to exceed amount of $32,100. IN WITNESS WHEREOF, the parties have caused this AMENDMENT NO. 1 to be executed on the day and year first written above. APPROVED AS TO FORM: By: R bin Clauson Assistant City Attorney ATTEST: M LaVonne Harkless City Clerk f: \users\pbMdaiton\agreemts\ eanette.002.doc CITY OF NEWPORT BEACH A Municipal Corporation By: 4*t4�- J, Dennis D O'Neil, Mayor City of Newport Beach CONSULTANT: Brion S. Je nn e, Owner Brion S. Jea tte & Associates, Inc. Ex�iibit OA " cascamm�wmmrer -�ma. IIIIS�l: TI.TT,_'O.^L)IT61'tSf. �1R7 Bri6h.-S 'Jeannette & Associates, Inc. ARCHITECTURE June 3, 1999 Lloyd Dalton P.O. Box 1768 Newport Beach, CA 92658 Re: Newport Beach Theatre Arts Building Dear Lloyd: Below is the breakdown we used to figure out the construction phase fee. Please review the information below and let me know if you want to increase or decrease our involvement? Construction Phase 1. Respond to RFI, RFC and possible C.O.'s: 2. Site Meetings (at least twice a month) 1.25 hours each for a total of 8 meetings 3. Shop Drawing Review 4. I Phone conversations, minutes, etc. 5. As -Built Drawings 6. Punch LisYManuals & Warranty TOTAL Please give me a call if you have any questions. Sincerely, Robert Williams Architect, AIA 11 Hours 10 Hours 9.5 Hours 5 Hours 5 Hours 7 Hours 47.5 Hours ENERGY EFFICIENT ARCHITECTURE __ ... ................. _._...---.._....---'.-........._...... .. ____ _ ...... _ .......... .... — --- --- _ ...... ............'-'_..._..__ ..... ._........._...._... 0 470 Old Newport Boulevard • Newport Beach, CA 92663 • Tel 949.645.5854 • Fox 949.645.5983 Members AIA 8 NCARB r7 u 0 TO: Mayor and Members of the City Council June 14, 1999 CITY COUNCIL AGENDA ITEM NO. 14 FROM: Public Works Department SUBJECT: NEWPORT THEATRE ARTS CENTER ADDITION AWARD OF CONTRACT NO. 3225 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3225 to L.T.G. Construction Co. for the Total Bid Amount of $118,800, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,500 to cover the cost of unforeseen work. 4. Approve Amendment No. 1 to the Professional Services Agreement with Brion S. Jeannette & Associates, Inc. DISCUSSION: At 11:00 A.M. on June 2, 1999, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low LTG Construction Co. 118,800.00 2 A & G Design & Construction 134,600.00 3 Ally Construction, Inc. 144,890.00 4 TLS Construction, Inc. 156,486.00 The low total bid amount is 1% below the Engineers Estimate of $120,000. The low bidder, LTG Construction Co., possesses a General Building contractor's license as required by the project specifications. LTG has satisfactorily completed similar remodeling and repair projects for the City and for other Southern California agencies. The work includes constructing a 2 story, 1232 square foot addition to the backside of . the Newport Theatre Arts Center (NTAC). This 15 -foot addition will provide a costume storage room downstairs, a back stage area upstairs, and an interior stairway to Subject: Newport Theatre Arts Per Addition — Award of Contract No. 3225 • June 14, 1999 Page: 2 connect the 2 areas. The addition will be handicap accessible; including a back stage mechanized lift to elevate /lower wheelchairs between the auditorium and stage elevations. Once the work is completed, the metal storage container for costume storage will be emptied and removed from the lower parking lot. General Services staff will then reconstruct and re- stripe the parking lot and replace the landscaping and irrigation systems as necessary. Six eucalyptus trees will be removed and 2 parking spaces eliminated from the lower parking lot to provide the space needed for the addition (see attached exhibit). The loss of trees will be mitigated by replacing 6 King Palm trees along the easterly side of the 100 block of Riverside Drive. Bids will be obtained to perform that work. An agreement with the adjoining property owners to water the trees will also be needed. This is part of a beautification program for Riverside Avenue that was begun a number of years ago. The architectural firm of Brion S. Jeannette, Inc. (Jeannette) has prepared plans and specifications for the project. Jeannette was compensated for design under the terms of a $25,900 Professional Services Agreement that was authorized last fall by the City Manager. At staffs request, Jeannette has submitted a proposal to provide construction support services as follows (see attached letters dated December 23, 1998 and June 3, 1999): • Respond to requests for clarification or information, and prepare change orders • Attend onsite construction meetings • Review shop drawings • Provide minutes and telephoning • Prepare as -built drawings • Prepare punch lists, manuals and warranties Jeannette's fee for such services will not exceed $6,200. The total amount of Jeannette's services will therefore be $32,100, and staff requests that the City Council approve Amendment No. 1 to their Professional Services Agreement for construction support services. The NTAC addition is funded by the City's appropriation of $67,500 and a $90,000 contribution from the Friends of NTAC. Sufficient funds to award the construction contract, pay for unforeseen work and provide for construction support services are available under Account Nos. 7011- C4120430 (Facilities Rehab /Remodel Newport Theatre Arts Center) and 7251- C4120430 (Contribution Newport Theatre Arts Center). The parking lot restoration, landscaping and irrigation system will be funded from appropriate accounts in the FY 1999 -2000 budget. \\MIS- 1 \SYS \Users\PBW\Shared \COUNCIL \FY98- 99Uune -14 \Newport Theatre Arts 0- 3225.doc • 0 • Subject: Newport Theatre Arts Ce *r Addition — Award of Contract No. 3225 • June 14, 1999 Page: 3 • To facilitate current stage productions and those scheduled for this fall, the contract specifies that work shall be completed within a short 50 consecutive working day time period. The completion date is the first week in September. Liquidated damages for late completion are $500 per calendar day. • L. J ZIICWOR6K ubmi e dS DEPARTMENT Don Webb, Director A %, �. ton E. Attachment: Bid summary Exhibit Letters dated December 23, 1998 and June 3, 1999 Amendment No. 1 to Agreement \\MIS_1\SYS\ Users\PBW \Shared \COUNCIL\FY98-99Uune -14 \Newport Theatre Arts C- 3225.doc V Q W m H O IL w Z LL O 9 LL O w IL Z CW G Q a w G CO) Y J m CL E aH o Q o p ui x U d U O p LU 'x oU N j W U ? S _ N U L) Z i O Q U U p � O J tp m } m Ts c ° 0 cF- o W o Z o � o f O C � N p i W W O W Z N < W W O Z C7 O Z fr wa M 0 N E E ln' N N N U • 0 `J . r r -- r. f _ i ' r r _� /✓ :i W via - t 1 1 mss... •Z ' ♦. �i '(��(�� �l j.. LSf ^_�Yta{ —ICY wI._LL1• Bron '5. Jeannette & Associates, Inc. ARCHITECTURE June 3, 1999 Lloyd Dalton P.O. Box 1768 Newport Beach, CA 92658 Re: Newport Beach Theatre Arts Building Dear Lloyd: Below is the breakdown we used to figure out the construction phase fee. Please review the information below and let me know if you want to increase or decrease our involvement? Construction Phase 1. Respond to RFI, RFC and possible C.O.'s: 11 Hours • 2. Site Meetings (at least twice a month) 1.25 hours each for a total of 8 meetings 10 Hours 3. Shop Drawing Review 9.5 Hours 4. Phone conversations, minutes, etc. 5 Hours 5. As -Built Drawings 5 Hours 6. Punch Li4Aanuals & Warranty 7 Hours TOTAL 47.5 Hours Please give me a call if you have any questions. Sincerely, Robert Williams Architect, AIA ENERGY EFFICIENT ARCHITECTURE ® 476 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fox 949.645.5983 Members AIA & NCARB - BrroW- Jeannette & Associates, Inc. December 23, 1998 A R C EUT FLT -U -R E R E CE''`:. Lloyd R. Dalton, P.E. Design Engineer- Public Works Department DEC 2 8 1998 City of Newport Beach P.O. Box 1768 PU'oL1C— VZir:s Newport Beach, Calif. 92658 -8915 nF� QoRT BEC.c +. c:" _- FAX: (949) 644 -3318 Dear Lloyd, 5 Pages I am enclosing our revised fee schedule for the Threater Arts Centre remodel. I am prepared to execute the City's 'Professional Services Agreement' as revised by Robin Clauson and I with the exception of the following three changes, approval for which she leaves compeletely to you. (NOTE: Robyn has the master.) Item 3.4.A The actual costs plus 10% of any subvconsultants for performance of any of the services which Consultant agrees to render pursuant to this AGreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. • NOTE: The fees we have quoted in the enclosed fee schedule include this 10 %. The fees quoted are based upon fees available to us by our consultants as of this date. it is possible that these fees secured December 81h could be subject to a fee adjustment, of not to exceed 10 %, by the consultants when the time actually comes to contract their work, several months from now. If so, we will not proceed without your prior written approval. L J Item 3.4.B. Actual computer data processing and reproduction charges plus 15 %. Item 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City will not withhold a retention. All fees are due and payable within 30 days of invoicing unless appropriateness of fees billed is found to be unsubstantiated. As I hope you are aware, we will be closing Thursday, December 24 I at noon and will reopen Monday morning, January 4'h. If you have any questions I hope you can reach me Thursday morning. I look forward to receiving your original revised contract document soon. Kind regards, '610?- Bonnie Jeannette Vice President ENERGY EFFICIENT ARCHITECTURE 8 470 Old Newport Boulevard • Newport Beach, CA • 92663 • Tel 949.645.5854 • Fax 949.645.5983 Members AIA & NCARB i • P AGREEMENT FOR ARCHITECTURAL SERVICES Thank you for the opportunity of submitting this Agreement to you for the remodel and addition to the Newport Theatre Arts Centre located on Cliff Drive in Newport Beach, California. This Agreement is being submitted to you on December 23, 1998 as defined in the original revised and approved schematic plans. We propose to provide the following services: 1. Research - Study and examine the site in relationship to its environment & governing codes for the proposed remodel and addition. Review and verify client provided As -built drawings for the portions of the existing building affected by this project. Our research will of course, include the affected existing structure, but will necessarily involve assumptions about hidden or difficult -to- access areas. Detailed "as- built' drawings will not be prepared, however, nor will expensive efforts be made to ascertain the conditions of any existing construction. 2. Schematic Design Phase - No additional Schematic Design work is contracted. Plans will progress directly into Construction Documents based upon the marked up set provided by the city. 3. Preliminary Design Phase - No additional Preliminary Design work is contracted. Plans will progress directly into Construction Documents based upon the marked up set provided by the city. 4. Construction Documents - Drawings and specifications set forth the requirements for the construction of the Project, including Building Department submittal for building permits. We specify and delineate interior finishes and trims for: walls, types of floor and ceiling finishes, windows, doors and hardware, plumbing and electrical finishes. Consulting Engineer- Secure, hire and coordinate structural engineer, Title 24 energy consultant, electrical engineer, mechanical engineer and spec writer. NOTE: Specifications and formatting will be handled by City of Newport Beach. City will provide a finished Spec Book. 6. Bidding or Negotiation Phase - Assist the Client with one bidding process, prebid site meeting with bidders, distributing bid plans, obtaining bids, negotiating proposals for construction and answering questions of the bidders. If additional bids are required after initial bid process time spent will be billed according to our normal hourly rates. 5. Construction Phase - Make periodic site visits & other visits needed and provide telephone assistance. 0 Brion S. Jeannette & Associates, Inc. ARCHITECTURE 0 0 0 0 Agreement for Architectural Services Page 2 of 4 SECTION III FEE SCHEDULE 0 1. RESEARCH / BINDER /ASBUILT DRAWINGS ............................. $ 1,500.00 2. SCHEMATIC DESIGN PHASE ... ...... ............................... $ -0- 3. PRELIMINARY DESIGN PHASE ........ ............................... $ -0- 4. CONSTRUCTION DOCUMENT PHASE We specify and delineate interior finishes and trims for: wood wall finishes, types of floor and ceiling finishes, windows, doors and hardware, plumbing and electrical finishes and cabinet elevations .. ........ ............................... $14,400.00 5. BIDDING AND NEGOTIATION PHASE .. ............................... $ -0- Services can be provided as requested according to our normal hourly rates. 6. CONSTRUCTION PHASE ............ ............................... $ 6,200.00 ARCHITECTURAL SUBTOTAL $22,100.00 7. CONSULTANT FEES A. Model ...................... ............................... $ -0- B. Artist Rendering .............. ............................... $ -0- C. Preliminary Cost estimating service .............................. $ Eliminated C. Structural Engineering ... (Not Including property /landscape walls) .... $ 4,000.00 D. Mechanical and layout Title 24 - Energy Calculations ................. $ 2,750.00 E. Electrical Engineering .......... ............................... $ 2,650.00 F. Specification Writer ............ ............................... $ 600.00 G. Landscape Construction package . ............................... $ -0- ENGINEERING CONSULTANT SUBTOTAL $10,000.00 ARCHITECTURE AND CONSULTANT TOTAL $32,100.00 !& aoo.z) Z,9, l eo . 60 Brion S. Jeannette & Associates, Inc. ARCHITECTURE • Agreement for Architectural Services Page 3 of 4 ADDITIONAL SERVICES Cl At the express request of the Client, the Architect shall provide any of the following additional services at the Architect's normal hourly rates or per fixed fees as determined appropriate: 1. Make revisions to the documents previously approved by Client. 2. Make revisions to documents previously prepared by the Architect and necessitated by site conditions that were neither foreseen nor reasonably foreseeable by the Architect at the time of preparation of original documents. 3. Provide design review or other agency or governmental appeal processing and hearings as may be necessary or desired by either the government agencies or Client. This includes modifications or variance conditions relative to your property or Project. 4. Assist the Client in retaining additional design consultants, including but not limited to civil, acoustical, archeological and landscape architects, communication experts and interior designers . 5. Interior design coordination and meetings beyond the normal scope of service. Specialized interior design consultation, drawings, or revisions to the plans generated by an interior designer. 6. Prepare rendering or models. 7. Bidding or negotiation - At the request of the Client and following the Client's approval of the construction documents, Architect and /or Project Manager shall assist the Client in obtaining bids, negotiating proposals for construction and answering questions of the bidders. 8. Prepare record documents which reflect construction phase design changes; however, the Architect shall not undertake to prepare documents which purport to reflect how the construction was actually performed. Information to generate Record drawings will be provided by the contractor. 9. Prepare to serve or serve as a consultant or witness for the Client or any other party in a litigation, public hearing or other legal or administrative proceeding involving the Project. REGARDING ADDITIONAL SERVICES Work requested by the Client beyond the scope herein will be considered as additional services and shall be charged at the following hourly office rates. These rates may be increased once each 12 months in light of market and economic conditions. Increases, if appropriate, will not exceed 10% in each 12 month period. Current rates as of the date of this Agreement are: Principal $180.00 per hour Project Architect $130.00 per hour Project Manager $100.00 per hour Senior Draftsman $ 80.00 per hour Intermediate Draftsman $ 70.00 per hour Junior Draftsman $ 48.00 per hour Brion S. Jeannette & Associates, Inc. ARCHITECTURE Is 0 0 0 Agreement for Architectural Services Page 3 of 4 i Please call with any questions regarding this proposal. I look forward to hearing from you soon. Sincerely, Bonnie Jea6vAte Vice President 0 L J Brion S. Jeannette & Associates, Inc. ARCHITECTURE 9 0 1 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT THEATER ARTS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, made and entered into this day of 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Brion S. Jeannette & Associates, Inc., whose address is 470 Old Newport Boulevard, Newport Beach, California 92663 (hereinafter referred to as "CONSULTANT "), is made with reference to the following: RECITALS A. On January 15, 1999, a Professional Services Agreement was • entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend the AGREEMENT to include construction support services as set forth in CONSULTANT's letter proposal dated June 3, 1999. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED CONSULTANT shall diligently perform all the duties set forth in the scope of services described in the June 3, 1999, letter attached hereto as Exhibit "A" and incorporated herein by reference. • 2. COMPENSATION TO CONSULTANT CITY shall compensate CONSULTANT for construction support services an additional amount not to exceed $6,200, with total compensation to CONSULTANT for all services specified under AGREEMENT increased from $25,900 to a new not to exceed amount of $32,100. IN WITNESS WHEREOF, the parties have caused this AMENDMENT NO. 1 to be executed on the day and year first written above. APPROVED AS TO FORM: Bv: Robin Clauson . Assistant City Attorney ATTEST: Bv: LaVonne Harkless City Clerk f:\ users\ pbw\ Idalton \egreemtsyeanette.002.doc • CITY OF NEWPORT BEACH A Municipal Corporation By: Dennis D O'Neil, Mayor City of Newport Beach CONSULTANT: By: Brion S. Jeannette, Owner Brion S. Jeannette & Associates, Inc. • 13 oh"S.' Jeannette & Associ June 3, 1999 Lloyd Dalton P.O. Box 1768 Newport Beach, CA 92658 Re: Newport Beach Theatre Arts Building Dear Lloyd: EX�►ibi� "A " Inc. ARCHITECTURE Below is the breakdown we used to figure out the construction phase fee. Please review the information below and let me know if you want to increase or decrease our involvement? Construction Phase 1. Respond to RFI, RFC and possible C.O.'s: 2. Site Meetings (at least twice a month) 1.25 hours each for a total of 8 meetings 3. Shop Drawing Review 4. Phone conversations, minutes, etc. 5. As -Built Drawings 6. Punch Li0anuals & Warranty Please give me a call if you have any questions. Sincerely, 7. Robert Williams Architect, AIA TOTAL ENERGY EFFICIENT ARCHITECTURE 11 Hours 10 Hours 9.5 Hours 5 Hours 5 Hours 7 Hours 47.5 Hours ._i "----..._.-.....---.._. .... ' ........... _._ . ...... .... ..... ........ ._.-...__ --------- ' ____..._. .... .......... .. --- '-- '--- ....._.. _.........__..I............. ® 470 Did Newport Boulevard • Newport 6eoch, CA • 92663 • Tel 949.645.5854 Fox 949.645.5983 Members AIA & NCARB I 0 0 • . CITY CLERK CITY OF NEWPORT BEACH 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 92658 -8915 until 11:00 a.m. on the 1st day of June 1999, at which time such bids shall be opened and read for NEWPORT THEATRE ARTS CENTER ADDITION Title of Project Contract No. 3225 $120,000 Engineer's Estimate ANpproved by Don Webb Public Works Director Prospective bidders may purchase bid documents for $25.00 each from the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Prospective bidders should attend a pre -bid meeting scheduled at 10:30 a.m. May 25, 1999, at the NEWPORT THEATRE ARTS CENTER, 2501 Cliff Drive, Newport Beach. For further information, call Lloyd Dalton, Project Manager at (949) 644 -3328. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. 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. 7. 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. PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification Bidder Y Y Authorized Signature/Title L _ CZ/ ? Date PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address r J 2. /ri�� /c�.I hlik ti•;ICi�,ti ��i3y r'l�Jit 4. J Ucn� / I �t L9, c•ys }fir i�i�:1�� �'v�2�K: -�__ -T 7. 8. 9. 10. Bidder p 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number r1 i n ii 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 1 ) PAGE being first duly sworn, deposes and says that he or she is of ('—/ E. l't Vr�,P,7 1-ic , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signature/Title Subscribed and swom to before me thi9(l/ d day of 19 1 G, Ir!! [SEAL] My Commission Expires:MljffLi Z� 0 0 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 CONTRACT THIS AGREEMENT, entered into this 14th day of June, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and LTG Construction Co, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT THEATRE ARTS CENTER ADDITION Project Description 3225 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3225, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. • 0 PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eighteen Thousand Eight Hundred Dollars ($118.800). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Lloyd Dalton (949) 644 -3328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR LTG Construction Co 28241 Crown Valley Parkway Laguna Niguel, CA 92627 949 - 363 -7732 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that • PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 9 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 0 • Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: J ` R)6 CITY OF NE ORT BEACH By: CITY CLERK nnis D. O'Neil, Mayor APP,RO AS TO FORM: CI ATTORNEY LTG CONSTRUCTION CO Y By. s aH JL-(� thorized Signature and Title f: \users\pbvAshared \contracts \99 \newport theatre arts c- 3225 \contract 3225.doc 06/03/99 ACORD CERT CA OF LIABILITY INSU NCE w DATE (MM DD/YY) M 06/08/1999 PROWLER (949)261 -5335 FAX (W261-1911 THIS CERTIFICATE IS ED AS A MATTER OF INFORMATION utton Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2913 S. Pullman St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705 COMPANIES AFFORDING COVERAGE COMPANY Credit General Insurance Co. Attn: Ext: A INSURED LTG Construction COMPANY B Lou Gabriel 28241 Crown Valley Pkwy. F -293 COMPANY C Laguna Niguel, CA 92677 -1937 '. .. .............................. ............................... ... ........... COMPANY D COVERAGES .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............ .......... ............................................................................................................................................................................................................................................................... ............................... - ... _ ........ ............................................. CO TYPE OF INSURANCE POLICY NUMBER LTRj POLICY EFFECTIVE '. POLICY EXPIRATION' LIMITS DATE(MMIDDNY) DATE(MM/DDNY) ;GENERAL LIABILITY GENERAL AGGREGATE ';5 1,000,000 ,....... X ;COMMERCIAL GENERAL LIABILITY . ,..........._............_. .............. ......................................... ............ ............ PRODUCTS - COMPIOP AGG ; $ 1,000,000 ' CLAIMS MADE X OCCUR A ART000578902 PERSONAL 8 ADV INJURY $ 1,000,000 04/22/1999:04/22 /2000. OWNER'SBCONTRACTOR'S PROT; EACH OCCURRENCE E 1,000,000 ........... .......................................... .......:.... .. ... FIRE DAMAGE (Any one fire) ,E 50,000 MED IXP(Any one person) E 500 AUTOMOBILE LIABILITY C iE COMBINED SINGLE LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS .........i (Per person) 5 - HIRED AUTOS ....... ... . BODILY INJURY < 5 NON- OWNEDAUTOS (Per accident) ......... ...................................... ............................... :PROPERTY DAMAGE 5 ( GARAGE LIABILITY AUTO ONLY - EA ACCIDEM S ANY AUTO ,_........ H OTER THAN AUTO ONLY ............. ............................... EACH ACCIDENT S AGGREGATES EXCESS LIABILITY ........ EACH OCCURRENCE 4 UMBRELLA FORM ...............................;.. f............ .................... AGGREGATE........... OTHER THAN UMBRELLA FORM !S WORKERS COMPENSATION AND WC STATU- TO e�� 7. RV LIMITS,;.....,._: ER EMPLOYERS' LIABILITY ....... EL EACH ACCIDENT $ THE PROPRIETOR/ INCL- PARTNERS/EXECUTIVE EL DISEASE - POLICY LIMIT 5 OFFICERS ARE: IXCL'; EL DISEASE - EA EMPLOYEE: $ OTHER DESCRIPTION OF OPERATIONSILWATIONSNEHICLEWSPECIAL ITEMS ERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED PER CG2010 11/85 AS RESPECTS ALL OPERATIONS BY NAMED INSURED. PRIMARY WORDING INCLUDED. 0 DAY NOTICE OF CANCELLATION FOR NON- PAYMENT OF PREMIUM. TE HOLDER . . CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL WbVXJ61 X MAIL CITY OF NEWPORT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: SHAUNA OYLER i0ftXlKWffxylxluxydcofA xa )0W.XD4wxaca )a06xxXKkt%xXX 3300 NEWPORT BLVD. d7dWfDtXcxIxXlXdfXdAKXdldw x%x NEWPORT BEACH, CA 92658 -8915 AUTHORIZED REPRESENTATIVE Bill Tutton ACOR 4VN) C2S.S CACORD TION INS • • POLICY NUMBER: ART000578902 CON AERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of "your work" for that insured by or for you. This insurance is Primary and any other insurance maintained by the Additional Insured shall be non - contributing. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1992 JUN -15 -99 TUE 02:50 PM FAX N0. P. 04/05 06714/99 16:49 PU WORKS i 917149391654 • NO.712 903 PROM : STATE FARM INS -JOHN MONSON PHONE NO. : 714 49S 1751 Jw•+. $4 1999 03:21PM P2 A JUNE 14, 1999 AUTO POLICY STATUS H PHONE: (949) 495 -6108 GABRISL,LOUZS T JR MUTL R27 0852- A16 -75C IRG: 25 20 SSABRIDGH RD ZIP: 92677 LAGUNA NICUBL CA 92677 -8723 1995 3ERP OR CHEROKE CLA86: 6HON04A2 SPORT WG ACC FREE: JAN -16 -94 VINt 1J4FX5854SC726344 BIRTH: AUG -09 -44 STATUS:PAID DUE DATE: TERM DATE: TOT PRBM: 1062.07 AMT DUE: 0.00 OXV;aAN -16 -94 COV DATE:JUL -15 -98 PREV PREM: 1119.57 A /iMM / 555.66 R2 16.80 c50oO 45.57 U 100 /300 96.99 D100 comp 93.66 UI S.15 GZ50 P-0}V 264.44 R 3.80 AMT PAID: 1062.07 DATE PAID: JAN -06 -99 CRP 07/16/98, DAL 04 01/16/99, PASS REST 15+ 8.19, OOM 28378 02 -97, MLD 115.$8. NAME: GABRIEL,LOUIS T ,JR H PHONE: (949) 495 -6108 ROPLACEb POLICY: x270932 -75F POLICY FORM: 98055 EXCEP. & END: BTt4ANC6D - 07939, ONYX ACCEPTANCE CORP 27051 TOWN CENTER DR r00THILL RANCH CA 92610 -28061 ADI7'L INSURED - CITY OF NEWPORT BEACH DEPT OF PUBLIC WORKS 43161 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 -8915, SIR FILE, 6289 MM SINGLE LIMIT trABILITY. DRIVER NAME DT OF LIC RL ACC /CONY DATE INFORMATION LOUIS 08/09/1960 04 V 08/14196 V 04/01/97 REC CHG: COV. S & Z NAMES S AMT Z STATE FARM INSURANCE BONN 0, MON3M ABYrd 301 al yo" �C1� Rw Or.. swV5 rf •Y /Y(�Yj (AQY,W NIQIIOi. CA sav,I ,eta teY_a¢,a �A (I 0 ri. •', U..d Tl', `'`"' - �'.•: t,ti.: + }..ryt" 'e>, ^�.Y , -��i. �-.r' ...e' :., "p ,c' r- ; Nl NA OK 4'1% � �' "(S'•� o4/ V�YiY�O�. 7n1Y` �I :NM'i�a,4'�I411tYJ$Yt��:r�4'/' 1 ' 1 BP 99 IQ 4 ' r 1 K ,^• Y L'.. 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Y r '., < ,� •, - ° %�'Y .C7• ^i a i _ f) Uf Y 1 H 'k' ., .r rs , t n ., f v {' a 3 tt r: fii us a certify that,wo it vs labu �l vglitl Vya t�sr � +penaali�n In ®t,�ari> pottcK'fn f�i� ppl�4ed ey e'.caflrotnle , e Ut�pr�MC�lhmla�l4n�r.'�u tJ�� enjpfoyer n9�a l�elbw,. rn fif,efldy p6rllid Indicated ; > fine pcloy.ISIiCYdgJ `Fbt ahNf,Ilt1pC[:tty >1�.Fv t upon gays' �dvrtcg w(I eiti.et1e trt�li:em�loy��' ::': g , "r' ]�l '.Wp wlll$I9'q givb yti�i�!✓dityg',adv�rrc�; npNceB�ibultl�thlg'r3bflcy 4p adPl¢QI� §id pridr,.tP ItsngrN,�l ex�o-utl�rl, * , •' - - *. ,t � 'r e... �..r ,V .,r r ?. .,.>. 'r ^ !'t.e. fir' .�' S': l.? 1 i i : e ` r•.'`.:.`7� ._. ` Ra 4,... .,, J r: ,t ,, `_ •, r . 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J.i -n..:r ,��� '.t'� qt, %n la,yw. qr, � +•' -. t~MWI�f11'y` �l1B�a` I Ti}��NCLIJ) n�(s� C�lA9T�13f,afa4CURI'�,.' t 1} ` n rr r t. 1y \ii• , _ 7 �; w r .1 � ,, � ^ 4 L' � R A; V t r r �'lyldf]R�"Btl� z (: IwCj ctrifi, FIRM .m�1,a�Yr•�9f i�b �l'G�`RtyN+�� �# A, � ;F��M� � PaA�`� GF tWB� AGLtZCYa ,, ': ° .�� • ' s �. � -a, '� ,; •>~�1d A�rd�wt- '�s�W:�Wi'�" �l;�D'Wttx1��a� ri��f�lxabArt��?9fit "�F��'i3 :,; - ;< °; :TWIG w, a r J r^ fNf;; C?�i ?t�;:l`I:;1C:1Yib?;NW._;'�?., -..f t :Z' r. %•. :R. nS' ` )'.f, :r�..i-.`t;�l S,,, C.)' ,.'�' .r'V I'i! "' ' -t,', - .. _, .3•.`:a _ ' '. X1,4. i ,:q. r' r �.:. [.1 { ,'1:�.,1.•J..'•n �:T',�t:: '��•;: ;.'I,I- T.t...f: ', ti -:r : }: . V' - � P � y '.d t 1��•s4, fin' h Y tk.l niiF. f -:� � n1' e: .: � r "� d I. �4 � y.Y � r L, t 'Y .' .r Z r e^ t A 1 ,. s` ti �. k `• t,:. l:" \ y,. %' �, to 4 k ,l. .1 , f `'�1 �r r' r c, ':�r �(. r:�:} .�A., ;yY�' :•f� -� :y. f,tl. ..�. '. �: �. p• •, r: �"t'i.ry t. �iY.` .iR. .'t •A.. >e.�. a:P: ��tY 'v. .8 t. T �. 5t •..r °.�.f�' i(�a (`'• Vn j C' iy :1 r nT'�3.•s::r ,r. ,' .x t K �4 ^ .; [ t t+� , r .s i'�i - "! IN. •\- J f 'f r A t'/� t 4 ✓ ) .fL :f -0 .i. i 'a /.f'.: ^� 11 f 9 s II I t .i• ,r ,[4' . ' - r �'T p�'' t t t ♦ . e S 'A� f' ,. +I a. �F���gSiy' Q{- I�,' �v :Lt�6QYAIN.`�t�,.F•�,`i�pnryyf,' J 2 �.•f• t ( .t :; Fk Fyn.'.' �4 ^' y � ,�•��: � ; � 1' � � 1 -' . _�.. .,�,:u .l i; .t. y�rL'.i- _�•,ri�: _... �rr. ,i� P .�r.J .. " 06�2"Amismof. JUM -11 -1999 FRI 09:47 AM 0 FAX N0. KCAL- SURANCE COMMERCIAL DEPARTMENT FAX COVER SHEET P. 01 -------------------------------------------------------------- DATE: 6/1111999 TIME: 9:38 A.M. TOTAL NO. OF PAGES INCLUDING COVER (5 ) TO FROM --------------------------------- ------ ------- ----------- - - - - -- FAX NO.: (949)644 -3318 FAX NO.: (714)939.1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828 RE: City of Newport Beach Certificate of Insurance - LTG Construction Dear Shauna: Enclosed is the checked certificate of Insurance for LTG Construction. Please note that the Additional Insured Endorsement have to be amended to include the Additional Insureds as follows: 1) The City, its officers, agents, officials, employees and volunteers. (� 2) Need the primary and noncontributory wordings on this endorsement, Also, need Auto and Workers' Compensation coverage. Should you have any questions with regards to this certificate, feel free to give me a Cate Thank you. a Cella I �� ✓L I 933 City Boulevard West. Orange, CA 02868 • P.O. Box 7048. Orango, CA 92863.7048 • 714-029.0800 • 714 - 939 -1654 JUN -11 -1999 FRI 09:47 AM 0 FAX N0. KCAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH P. 02 THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: ' �� �l DEPARTMFNT /CONTACT RECEIVED FROM: DATE COMPLETED: SENT M COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE. Z-7-6- 4n:-- V GENERAL LIABILITY: (nt A. INSURANCE COMPANY: crea'J GCV1Lq-CxX B. AM BEST RATING (A VII or greater):_ C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California'? Yes No_ D. LIMITS: (Must be $1,000.000 or greater) What is limit provided? 1 G U 160 �) E. PRODUCTS AND COMPLETED OPERATIONS: (Must include) Is it included'? Ycs ✓ No F. ADDITIONAL INSURDED WORDING TO INCLi11PE: ( The City its officers, agents, officials, employees and volunteers). Is it included'? Yes_ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes_ No H. CAUTION! (Conlirm that loss or liability of the Named insured is not limited solel�by their negligence.) Does endorsement include -'solely by negligence" wording'? Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation certified mail; per Lauren Farley the City will accept the endeavor wording. H. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: I y B. AM BEST RATING (A VII or greater):_ C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes_ No D. LIMITS. ( Must be $1,000,000 minimum BI & PD and $500,000 M What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents. officials, employees and volunteers). Is it included'? Yes _ No_ F. PR MARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation certified mail; per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION: O � � A. INSURANCE COMPANY: A B. Ali( BEST RATING (A VII or greater) C. LMTS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes No HAVE ALI, ABOVE REQUIREMENTS BEEN MET? Yes No WHICH ITEMS k) dUry -- N� AurL tvU�/ j� 7 3� (n1e, 1700007- 1c)(X 9k5 0 0 PR1of2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO. 3225 To The Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3225 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Dollars and i Z Cents $ 3,6r $ 60 Per Lump Sum 2. Lump Sum Construct addition @�. f _Dollars and �� U� _ Cents $ : `,_ $ ' Per Lump Sum 3. Lump Sum Install wheelchair lift, complete • O I -W @ S }k Dollars and Z uc Cents $ 6 166 $ 16 Per Lump Sum 0 0 Page PR 2 of 2 TOTAL PRICE IN WRITTEN J /WORDR/S f, p S ��� Dollarrssi✓ and 0C/)/(5j Cents 2?_ 27 Date Tyr - ;16.3 - W ? ;' Bidder's Telephone Number 7C ?3Ca ;T Bidder's License No(s). and Classification (s) Total Price (Figures) eC1s Bidder Name I-% s J� �,tiC2 der's Authorized Signature and Title Aay/ 2, -awe o6A y /�W� Bidder's Address f 17 Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO 3225 DATE: ZQ I9 "I BY: Don Webb, Public Works Director TO: ALL PLANHOLDERS 1. SPECIAL PROVISIONS Section 2 -6: The 2 story addition totals 1232 sq. ft. 2. PLANS Bids shall be prepared from Plan Check Revision 4 plans dated May 12, 1999. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name Wleape Print) Date & Title )L-;"AML Page: 1 of . CITY OF NEWPORT' BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 NEWPORT THEATRE ARTS CENTER ADDITION CONTRACT NO 3225 DATE: � BY: ::idk Don Webb, Public Works Director TO: ALL PLANHOLDERS 1. NOTICE INVITING BIDS Sealed bids shall be received at the office of the City Clerk until 11:00 a.m. on the 2 "d day of June 1999 (Wednesday), at which time such bids shall be opened and read for this project. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. J Bidder's Name (Please P t) Signl3ture & Title .-,r Date /:WSers\Pb*'6hareftW"asX9%dewpM Ihealre arts c-322Saddendum 2.dm ,AJ e2- CITF' OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Ally Construction, Inc. 3190 C -1 Airport Loop Drive Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Theater Arts Center Addition (Contract No. 3225) 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 Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 A & G Design & Construction 409 W. Nobel, Suite A Santa Ana, CA 92707 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Theater Arts Center Addition (Contract No. 3225) 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 Sincerely, k � �1 . lYtle4 L.Ig' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITI OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 TLS Construction 130 West 3i° Street Tustin, CA 92780 -3664 Gentlemen: Thank you for your courtesy in submitting a bid for the Newport Theater Arts Center Addition (Contract No. 3225) 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 Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach