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HomeMy WebLinkAboutC-3376 - Corporation Yard Building "O"CITY OF NEWPORT BEACH October 23, 2002 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Lacy Construction 3006 East Coronado Street Anaheim, CA 92806 Subject: Corporation Yard Building "O" (C -3376) To Whom It May Concern: On October 23, 2001, 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 one year after Council acceptance. The Labor & Materials Bond was released on November 29, 2001. The Surety for the contract is Indemnity Company of California, and the bond number is 831055P. Enclosed is the Faithful Performance Bond. Sincerely, x?), / �zE4 -� LaVonne M. Harkless, CMC /AAE City Clerk LMH:Iib cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "O" •, .e BOND NO. 831055P 0 PAGE 16 Issued in four original counterparts The premium charges on this Bond Is $ 2,450.00 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Co forma. by motion adopted, awarded to Lacy Construction, hereinafter designated as the "Principal', a contract for construction of CORPORATION YARD BUILDING "O ", Contract No. 3370 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, grid other Contract Documents maintained In 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. 3370 and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Indemnity Company of California , duty auttxxtwd to transact buainess under the laws of the State of CaWomia as Surety (hereinafter 'Surety', are held and firmly bound unto tl* City of Newport Beach, in the sum of ninety -swan thousand, nine hundred eighty -ore aid 001100 Dollars ( $97,901.00) lawful money of the United States of America, said sum being e" to 10096 of the estimated amount of the Contract, to be paid to the City of Newport Beach, Ills successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these praient THE CONDITION OF THIS OBLIGATION 13 SUCH, that if the Princlpa t, or the PrloClpafs heirs, executors, administrators, successors, or assigns, fail to abide by, and wet and truly keep and perform any or all the work, covenants, conditions, and agreerrenti In the Contract Documents and any alteration thereof made as therein provided on Its pait, 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, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will febtfuliy perform to same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 9 PAGE 17 As a part of the obligation secured hereby, and in addition to the face aMount specified In this Performance Bond, there shall be included costs and reasonable expenses and fees, Including reasonable attorneys fees. Incurred by the City, only in the event thorny Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, 6dansion of time, alterations or additions to the terms of the Contract or to the work to be perfamind thereunder or to the specillcatlons accompanying the same shall in any way 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 ilia Principal In full force and effed for one (1) year following the date of formal acceptsnoe of the P.Kged by the City. In the event that the Principal executed ft bond as an individual, it to agreed that the death of any such Principal shall not exonerate dw Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been d ly executed by °the Principal and Surety above named, on the 20th day of March 2001 j Chris E. Lac Lacy Construction (Principal) Indemnity Company of California Name of Surety 425 W. Broadway, #207 Glendale, Ca 91204 Address of Surety (818) 552 -6125 Telephone Matthew C. Welty, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED r� U A{4RN W W L,=LPU M=M I 0 State of CALIFORNIA County of RIVERSIDE On March 20, 2001 before me, VERONICA L. PRATT , NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G.. JANE DOE. NOTARY PUBLIC' personally appeared MATTHEW C. wELTY NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), R vERONICAL.PRATi or the entity upon behalf of which the ` cDaM.a1919M W. person(s) acted, executed the instrument. y NOTAW PAUC- CALIPoMIA ,n BIVHiSDE I�UNIY }.. WITNESS my hand and official seal. SIGNATURE 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PER90N(9) OR E1NTTTY#ES) S SSBD (4/94) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On March 21,2001 beforeme, Christiane Linowski, Notary Public Date Name and isle of Ducar (e.g., 'Jane Doe. Notary Public -) personally appeared Chris E. Lacy Narrate) of S,gnar {s) X.Xpersonally known to me – OR – proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), C�KiS "/ LINOWSKI - _ Commission # 11551354 or the entity upon behalf of which the person(s) acted, z yd NOFOfyPubGO- COlifgnld £ executed the instrument. r Oronge County – My comm. Ecpies5ep18,20D1 WITNESS my hand and official seal. Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ ❑ n, Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: Individual 7_I Corporate Officer Title(s): Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1495 National Notary Association • B236 Rummel Ave.. P.O. Box 7184 • Canop Pads, CA 91309 -7194 Prod. No. 5907 Reorder. Call TdFFree 1 -BBD- 878.8827 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 29, 2001 Lacv Construction 3006 East Coronado Street Anaheim, CA 92806 Subject: Corporation Yard Building "O" (C -3376) To Whom It May Concern: On October 23, 2001, 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 one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 25, 2001, Reference No. 20010755119. The Surety for the contract is Indemnity Company of California, and the bond number is 831055P. Enclosed is the Labor & Materials Payment Bond. Sincerely, i LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach PAGE 14 CITY OF NEWPORT BEACH Issued in four.original PUBLIC WORKS DEPARTMENT counterparts Premium Included CORPORATION YARD BUILDING "O" CONTRACT NO. 3378 BOND NO. 831055P :o: V1,p L .Y :• WHEREAS. the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Lacy Construction, hereinefter designated as the 4PrlhcipaI, a oontract for construction of CORPORATION YARD BUILDING "O", Contract No. 3J76 in the City of Newport Beach, in strict conformity with the plans, drawings, specificatkms 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. 3376 and the terms thereof require the furnishing of a bond, providing that if Principal or islny of Principal's subcontractors, shall fail to pay for any materials, provisions, or other suppitos 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 hetbinafter set forth: NOW, THEREFORE, We the undersigned PAncipal, and, Indemnity Company of California duty 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 ninety - sever. thousand, nine hundred eighty -one and 00100 Dollars ($97,961.00) lawful money of the ?Uri W States of America, said sum being equal to 100% of the estimated amount payable by Elie 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, jdr9lty and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Princip . or the Principal's subcontractors, fail to pay for any materials, provisions, or other suppil", 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 W 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 tfle 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. 0 0 PAGE 15 The Bond shad inure to the benefit of any and all persons, companies ;. and corporations entitled to file claims under Section 3181 of the Cai'ifomia 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 Califomie. 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 perfanned thereunder or the specifications accompanying the same shad in any wise affect its obligations on this Bond, and it does hereby waive notics 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 frbm its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal and Surety, on the 20th day of March 2001./7 ; Chris E. Lacy Lacy Construction (Principal) Indemnity Company of California Name of Surety 425 W. Broadway, #207 Glendale, Ca 91204 Address of Surety (818) 552 -6125 Telephone r - 'Matthew C. Welty, Attomey in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST 13E ATTACHED State of CALIFORNIA County of RIVERSIDE On March 20, 2001 DATE personally appeared _ before me, VERONICA L. PRATT , NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' MATTHEW C. WELTY NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their AMINO L.I'gA7 r' signature(s) on the instrument the person(s), or the entity upon behalf of which the 1(,VERME COuMY r person(s) acted, executed the instrument. `y My Cow. Evft A%. 28. W WITNESS my hand and official seal. SIGNATURE 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 nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOMS) OR ENTITYQES) S 959D (4/94) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT G i' State of CALIFORNIA County of ORANGE On March 21, 2001 before me, Date personally appeared Chris E. Lacy Chri.stiane Linowski, Notary Publ Name and Title of Officer te.g.,'Jana Doe. Notary Public I X personally known to me – OR – _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), C ris': ,tie LINOwSKI or the entity upon behalf of which the person(s) acted, CaT.m Ssion d 1155854 executed the instrument. - -m- Notary Pt, Diic - California a MY Ccmm. Orange Country WITNESS my hand and official seal. ��ires,Sep 18.2001 y �ign_ Notary 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner —I_ Limited E General Attorney -in -Fact Trustee = Guardian or Conservator Other; Top of thumb here Signer Is Representing Number of Pages: Signer's Name: * Individual G Corporate Officer Title(s): Partner — Limited L: General = Attorney -in -Fact Trustee Di Guardian or Conservator 0 Other: Tap of thumb here Signer Is Representing: 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod, No, 5907 Reorder. Call Toll -Free 1- 800 - 1 i • POWER OFATTORNEYFOR DEVELOPERS SURETY AND INDENINIT\ CONIPAINN INDENINITN CONIPANYOFCALIFOfLNIA PO BOX I1)7'5, IRVINE, CA 92x,'3 • (949) _'63 -3300 RNIIAA' ALL %11:N BY FIIESF. PRESI'.NTS, that except as expressl% limited DEVELOPERS SURI'M AND INDENNITY COMPANY and INDEMNITY COMPANY OF CAL I FURNIA. do each c\cra Ilg. but non jointly, hereby make, constitute and appoint: "`GEORGE J. BURCHFIEL, MATTHEW C. WELTY, VERONICA L. PRATT, SUE BURCHFIEL, JOINTLY OR SEVERALLY ' :t, the true and )alts) Atmrnevlsl -in -Fact, to make. execute, deliver and acknow ledge, for and on behalf of paid corporations as surcaies, bonds, undertakings and contracts of surctvsh;p Living and granting unto said Altontevlal-in -Fact full power and authority to do and to perfomt cvery act necessarv, requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of,aid corporations full power of substitution and revocation, and all of the acts of said Attomevlsl -in -Fact, pursuant to these presents, are hereby ratified and contimted. Thu P,mcr of 4aomev is grooved and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SCRFT}' AND INDEMNITY CONi PANY and INDEMNITY COMPANY Olr CALIFORNIA, effective as of \ovcnrbcr 1, 2000: RESOLVED, that the Chairman of the Board, the President and am Vice President of the corporation bc. and that each of them hereby is. authorized to execute Powers of :Utomc. qualif. ine the attomcv(s) named in the Powers of Attomcv to execute, on behalf of the corporations, bonds, undertakings and contracts of surtayship: and that the Secretary or any Assistant Scerernry of the corporations be, and cacti of them herrebv is, authorized to attest the execution of anv such Power ofAttomev: RFSOLV ED, FURTHER, that the signatures of such officers may be affixed to any such Prover of Attomcv or to any certificate renting thereto by facsimile, and any such Pm, er ofAttomec or certificate hearing Such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract ofsuretvship to which it is attached. 1\ \ \'ITNESS WHEREOF DEVELOPERS SURETY AND INDFMNITl COMPANY and INDFNINITS COMPANY Oh CALIFORNIA have Severally caused these presents to be signed by their respective Executive Vice President and attested by their rcspective Secretary this Sa day of:Novambcn 20110. Bs: David H. Rhodes, Executive Vice President y ni.0 IAI . ",, Ow„ " ", OT li9T, °9 ,CAD Op,P0 \\alter V Crowell, Secretary 2G OCT .5 FQ w ° STATE OF CALIFORNIA ) rOW ` ..db. )SS. COUNTY OF ORANGE 1 y ni.0 IAI . ",, Ow„ " ", OT li9T, °9 ,CAD Op,P0 fi- SEAL 2G OCT .5 FQ w ° 1936 1967 2 rOW ` ..db. cqC /FOPN\/ On November S, 2000. before me. Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfacton evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted executed the instrument. \V ITNESS me hand and official seal. Sienaturc CERTIFICATE DIANE J.IW WATA COMM. N1 NOTARYPUBLIC-CALIFORKA n ORANGE COUNTY My Cantu Eg). Jar,5 M-1 The undersigned as Chief Operating Officer of DEVELOPERS SURETY AND INDENINIT}' CO\IPAN1 and INDEMNITY COMPANY OF CALIFORNIA, does hcrchv certify that the fbrcgoing Power of Attomcy remains in Fill force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Ducclors of said corporations set fonh in the Power of Attomcy, arc in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 20th dal of March 2001 By Da __ . vid G. Lane, Chief Operating Officer ID- 1380 (11 /00) E RECORDING RE@tk9frib�L 1 � 0 WHEN RECORDED RETURN TO: City Clerk '01 NOV -2 A 8 :00 City of Newport Beach 3300 Newport Boulevard Newport Beacfi'1$th`,q 6$ „ ? C_ERIf OF :: vP::RT EEACII 41 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIiIIi! IlllilllillllllllllllllilllllllIll l "111 iili1NO FEE 20010755119 09:27am 10125101 115 16 N12 1 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" l� NOTICE OF COMPLETION I f NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Lacy Construction of Anaheim, California, as Contractor, entered into a Contract on March 13, 2001. Said Contract set forth certain improvements, as follows: Corporation Yard Building "O ", C -3376 Work on said Contract was completed on August 31, 2001, and was found to be acceptable on October 23, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. - Public W 15irector 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 at Newport Beach, California. Cl'1 0 REC }.�, RECORDING REQUESTED Y A D WHEN RECORDED RETURN TO: '01 OCT 29 A 9 :11 City Clerk City of Newport Beach 3300 Newport , %d_1JE U! I Y t;t:_Ri Newport Beach L�-T/K 66,:ppnm 3r,Arii • Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIII!IIIII III! IIIIIIIIIIIIIII !IIIIIIII!III!I!!!!IIIIIIIINO FEE 20010755119 09:27am 10125101 115 16 N12 1 000 0.00 0.00 0.00 0.00 0.00 000 0.00 'Exempt from recording fees pursuant to Government Code Section 6103" CONFORMED COPY NOTICE OF COMPLETION Not Compered with Original NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Lacy Construction of Anaheim, California, as Contractor, entered into a Contract on March 13, 2001. Said Contract set forth certain improvements, as follows: Corporation Yard Building "O ", C -3376 Work on said Contract was completed on August 31, 2001, and was found to be acceptable on October 23, 2001, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Indemnity Company of California. T?itbllc Wol�slf irector City of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _ BY , at Newport Beach, California. October 23, 2001 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CORPORATION YARD BUILDING "O ", CONTRACT NO. 3376 — COMPLETION AND ACCEPTANCE N i R C V E D 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 1 year after Council acceptance. DISCUSSION: On March 13, 2001, the City Council authorized the award of the Corporation Yard Building "O" contract to Lacy Construction of Anaheim, California. The contract provided for the construction of a 72 -foot wide x 75 -foot deep x 14 -foot clear height prefabricated metal equipment canopy at the Corporation Yard building to protect heavy -duty vehicles from the elements. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 97,981.00 Actual amount of bid items constructed: 97,981.00 Total amount of change orders: 6,709.50 Final contract cost: $104,690.50 The final overall construction cost including change orders was 6.85 percent over the original bid amount. One change order in the amount of $6,709.50 provided for additional excavation, haul - off, and concrete for the footings on the south side of the building. SUBJECT: CORPORATION D BUILDING "O ", CONTRACT NO 3376 — COMPI N AND ACCEPTANCE October 23, 2001 Page 2 Funds for the project were expended in the following account: Description Account No. Amount City Hall and Corporation Yard Improvements 7011- C3120363 $104,690.50 All work was completed by August 31, 2001 the scheduled completion date. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director 7 By: R. 96 G;. R. Gunther, P.E. Construction Engineer 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 22nd day of February 2001, at which time such bids shall be opened and read for CORPORATION YARD BUILDING "O" Title of Project Contract No. 3376 $90,000 Engineer's Estimate Ap roved on Webb Public Works Director Prospective bidders may examine the site between 7:00am and 4:30pm on weekdays, and obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA Required Contractor License Classification required for this project: A. B, or C -51 For further information, call Lloyd Dalton, Project Manager at (949) 644 -3328. PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 INSTRUCTIONS TO BIDDERS 1. 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 percent 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. 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. E PAGE 2 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. 365461 B1 Contractor's License No. & Classification LACY CONSTRUCTION Bidder „/ /' ZZ OWNER Authorized SignalureR 02 -22 -01 Date Bid Bond 921212 -03 PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "O" CONTRACT NQ. 3376 :.. 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 amount bid ; Dollars ($ 10% of amt bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for ttie construction of CORPORATION YARD BUILDING "O ", Contract No. 3370 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 falls to duly enter Into and exdcute the Contract Documents for the construction of the project In the form required within ton days (10) (not including Saturday, Sunday, and federal holidays) after the date of the nailing 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 20th day of Lacy Construction Name of Contractor (Principal) Indemnity Company of California Name of Surety Cf� 425 W. Broadway. 9207 Glendale, Ca 91204 Address of Surety (818)552 -6125 Telephone /ALio ed Agent Signature Matthew C. Welty, Attorney in Fact Print Name and Title (Notary acknowledgment of'Principat & Surety must be attached) State of County of CALIFORNIA RIVERSIDE On February 20, 2001 before me, VERONICA L. PRATT , NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared MATTHEW C. WELTY NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), ,,, +ERUNilCt :•. P'AA or the entity upon behalf of which the Cr e,m c9niM.v, r_1,,, person(s) acted, executed the instrument. WlfsmEc=M nAyo mB.WmAw.28 M �. - WITNESS my hand and official al. SIGNATURE 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENmY(IES) S 959D (4/94) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE i - • POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PU BOX 1971_?. IRVI \E, CA 9'b23 • (949)'(„ -;300 RNO \C ALL MLN BY THLSL PRESENTS, that except as c\pres,ly limited. DRVFLOPFRS SURETY AND INDI'MNIT Y COWAN)' and INDENiNIT)" COMPANY OF( ALI FORN IA, do each several IV. but not iointh. herehr make, constitute and appoint: "'GEORGE J. BURCHFIEL, MATTHEW C. WELTY, VERONICA L. PRATT, SUE BURCHFIEL, JOINTLY OR SEVERALLY "' as the true and km lid AUornc \1]1 -in -h set. RI make. execute. delilel and acknowledge, torind on bchall'ol'said corporation, a, orre(xs, bond., undertakings and c(ntracls o1'suret.,,hip Airing and aramtmg unto raid Ationreyl.,l -in -Pact lull poser and nuthonfv to do and lu pedbmh crcn set ncecasarv. « quivle or propel' to be done in connection therewith as each or said corporation, erect du. bill rcsvrrin, to each ill >aid connotations loll pumcr olsubstitution and re\OCation. and all of the act. of ,aid Altonevlsl -in-I -act, pucuant to these present,. are hereby ratilwd and cunlirnmil. Thi., Purr er of :\(tome\ is eranted and is signed hr 1,esimde under and b) atnhurily of (he tidlow'in, resolutions adopted he the respcclice Board of Directors of DI VFLOPFRS SURETY AND INDFNINIT)" COMPAN)" and INDEMNITY CUMPANY OF (AL.IFORNIA, cticcdre as it No \'ember I. 22000_ RFSOL \'F:1). that the Chairman or the Board. Ili, President aunt :Ili, \ "ice Pmsnlenl ill the cor pol Lion be. and that ceh of than hc(ch., is. authorized h, crccule Pnoers of Atn,mzr, clindi vins the avornev(s) named in the Putters oLVturncy to execute, on behall ill (hc eorpurnious, bond,, undenakm_s and contracts of su cINAiip: and Ilia( the Secretary or :niv A,, sl:un 5ecretarc ulti e curporlliuns be. and each of thou hcrebc is, authori'red to attest the execultot of any such Power of A(turnc.v RES( L\ ED. FL RTHLR. that the sronalurc, cd such olliccis ina\' be al i\ed to lov such Pov,er olAuome\ or to anv cerliticalc relalim, there(,, by facsimile -;aid am uch Pot er olArorne\ or ccrulicate bearing such I:icsiimle signatures shall be Valid and binding upon die coghnration when so al x,xi and in the huurc oilh respect to anv hand. undanaking or contract ol- surelvAlip u, o Inch it is auachyd. II: \\'I I -NESS \ \'HI:R hOI'. DE \ELOPER4 SURLII AND INDE(NIN I Y CONI PAN and INDENINH) COMPANY OP ('AL.IPi IR NIA ha\e xt orally caused thew presents to be signed by their respective Executive Vice President and arrested by their respcnnc Sccrc(at, this No] da\ of Nu\anber. 2000. Da,id H. Rhodes, Executive Vice President B, \kalei A. Crowell, Secretary 5T\TE OF CALIFORNIA ) )SS' COUNTY OF ORANGE I SEAL 1936 /0\N P / NIPANY GO�� OCT.5 1967 On Nor ember S.'- UUII, More tire. Dome I. Farrata. personally appeared Dar id H. Rhoda and Weller A. (Cruuel1, persunaliv known In tie f or priced to tic on (bc base, ill satisiacturr sidenec) to be the persona whose names are aub,cribd m the ttiriali mxrument and ackot-o0edecd to me (hat the., executed (4e same in (heir authorized eapactics, and that by their,i,nantres on the instrument the enti(N upon bchall'of which the persons acted. exceuled the instrument. \\ H NI :SS nit hand and official seal. 1 Signauuc _- `�1 C ERTIFIC.ITE DIANE J. NAWATA COMM. Mt 167M NOWRYMBUC- CALIFORMA c n ORANGE COUNTY MY Cw E`li. Jan B, 2002 The undcolgmcd. :u Chtcl Operning 011icei ill DIA ELOPERS SURhT)" AND INOFNINITI" C'( AIRAN)" and INDEMNIFY C'( 1hIPAN)' OF CALIFORNIA, does hctehr certity (hat the lore, Po\rer ol- Atlomcr remains in trill litce and has not been revoked. and till Ihernrore, dot the prnyr inns nl the resulu(um ill file re,pcCIRC Board, of I)I Ice tor, olaaid corporations set lurch Ire the Purest ill AltomVN, arc m Iorce as o the date oC this Ccnilicri e. 20th Februaty 2001 1 In, lcrtifi,ae i, exc,nied in (he Ci(y of In lie. ('aldornm. (he don oI r ` n Br __ Dot td O. _ Lane. Clued Operating Officer ID -13X, I I 1 Ill) CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On February 22, 2001 beforeme, Christiane Linowski, Notary Date Name and Title of OPoCer fo g. 'Jane One. Notary Public -I personally appeared Chris E. Lac Name(s) of 5i9man'l n Public 1 r� S r5 X personally known to me – OR – _proved to me on the basis of satisfactory evidence to be the person(y) whose name($) is /ar,6 subscribed to the within instrument and acknowledged to me that he /spe /tpe executed the y ;. same in his /hpr / their authorized capacity(i9t), and that by his /ber /their signature(.0 on the instrument the personX, or the entity upon behalf of which the persona acted, "�. - - •= '•ti'SKI executed the instrument. 1s_ nc ay',Z' -- California DrongeCounty ' WITNESS. my hand and official seal. My comm. Eomsep i$2mi r' Signature of Notary Public OPTIONAL c Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. TZ, Description of Attached Document Title or Type of Document: t Document Date: T Number of Pages: _ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: 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: - Individual Corporate Officer Title(s): Partner —..- Limited - General Attorney -in -Fact Trustee _ Guardian or Conservator Other: Signer Is Representing Toe of :, unib Pion y r: i.' :. r�C.<=C.'^ �. Ci. C('.' �LG. CC. C<.` C�: r- ,C'- VC...�t7G4•CC ;'CC.C.';;Ci r.;Y�. QCs; CUGi7 G:• C. c.• c:..; L�. C�G2;'!' �. C. �« x:: �7 C`. �,: G. �' �.. 0..'�C'= 1.•C�iG.'r';CI;•�;.�0•J 4, 1095 National Notary AHsociaaon • 8236 Fammel Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder Call Toll-Free 1 -800 876 6827 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 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 4854 Main Street 1. Structural Engineer Howard Parsell Co. yorba Linda, CA 92886 s6i 7o-u-T-177-aTn—ut Street 2. Concrete JKB Corp La Habra, CA 90631 Metal Building 3. Erection Pre Fab Erectors P ox Anaheim, CA 92816 Asphalt Paving JB Bostick Co 2870 East La Cresta 4. P g Anaheim, CA 92806 Coatings 600 West Freedom Avenue 5. Paint in g General Anaheim. CA 92865 C:0 7 10. Lacy Construction 4,U4 4-- (/� Owner Bidder \AGthorized Signature e PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 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 /Agencv To Contact Number Burbank Airport 1998 Fueling Yard Canopy Fred Fowler 918 - 664 -0277 Aircraft Fueling Systems 1998 Corp Office Bld Lynn Schlitz 714 -575 -9265 Pre Fab Erectors Numerous Metal Building projects Lacy Construction 1-44AO C:7-1 (/lam /Owner Bidder Authorized Sionaturithe Sent, By: LACY CONSTRUCTION; State of Califomia ) ) ss. County of Orange ) 714 630 8535; Feb -16 -01 10:21AM; Page 9111 0 • . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 NON - COLLUSION AFFIDAVIT PAGE 6 Chris E. Lacy being first duly swom, deposes and says that he or she is Owner of Lacy Construction , 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 its 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, andihas not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone els8 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 dedare under penalty of perjury of the laws of the S /t g of liforniiaaattthat the foregoing is true and correct ��� /:its Lacy Construction r Owner Bidder A6fhi orized Slgnatllef& vv CHRISTIANE LINOWSKI� Subscribed and sworn to before me this 2 2ndday of February Commission # t 155854 iii a i , Notary Public - Califomta £ z '9 ; C1f1I L.' [SEAL) r Orange County L� �zcti r �iwez� r ^ MY Cc nm= x�' -es Sep 78,2001 Notary Public My Commission Expires: IS- t) 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 7 CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 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 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. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents 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. 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE B CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 CONTRACT THIS AGREEMENT, entered into this 13th day of March, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Lacy Construction, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CORPORATION YARD BUILDING "O" Project Description 3376 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. 3376, 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. ' • 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 ninety-seven thousand, nine hundred eighty-one and 00/100 Dollars ($97,981.00). 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: Lacy Construction 3006 East Coronado Street Anaheim, CA 92806 Attention: Chris Lacy (714) 630 -8090 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 4. Other Insurance Provisions • PAGE 11 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 0 • PAGE 12 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. 4. 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. 5. 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. • • 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: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ITY OF NEWPORT BEACH Municipal Corporation y: -3 Mayor Lacy Owner Title ACORD CERTIFICA OF LIABILITY INSUF9NC�, DATE(MWDD/YY) ICY1 03/13/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Metro Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic. #OB95215 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1801 E. Parkcourt Pl . D -104 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92701 Phone:714- 245 -9120 Fax:714- 245 -9124 INSURERS AFFORDING COVERAGE INSURED I INSURER A: Navigators Ins. Co. (An£ield) INSURER B: Generali Insurance (Arrowhead) LacY Construction (INSURER C: Clarendon National Ins. Co. 300b E. Coronado Street 1 INSURER D: (KRM) Anaheim CA 92806- - INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER P LICY EFFE TIVE DATE MM /DDIYY POUC PIRA.TI N DATE MWDD/YY LIMITS GENERAL LIABILITY Newport Beach, CA 92658 -8915 EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY PL000784 05/01/00 05/01/01 FIRE DAMAGE (Any one fire) $50,000 MED EXP (Any one person) $ 5,000 CLAIMS MADE OCCUR ( PERSONAL & ADV INJURY $ 1 0-00 ,00-0- GENERAL AGGREGATE $2:000,000 PRODUCTS - COMP /OP AGO $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PERT —� POLICY JECT I I LOC AUTOMOBILE LIABILITY !i COMBINED SINGLE LIMIT (Ea $1,000,000 B ANY AUTO GA10301987 -2 05/01/00 05/01/01 accident) BODILYINJURY $ ALL OWNED AUTOS i X SCHEDULED AUTOS I (Per person) BODILY INJURY $ X I HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) G GELIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ i ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE Is ;OCCUR I CLAIMS MADE DEDUCTIBLE $ —1 $ RETENTION $ WORKERS COMPENSATION AND I TORY LIMITS X ER EMPLOYERS' LIABILITY C 03KR- 0001 -961 05/01/00 OS /Ol /Ol E.L. EACH ACCIDENT 1$1000000 E.L. DISEASE- EA EMPLOYE $ 1000000 i E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER A.Equipment - Unsched 1 PL0007B4 j 05/01/00 11 05/01/01�` $23,810 w /$500 Ded. AjEquipment - Sched. I PL000784 05/01/00 05/01/01 $85,400 $500 Deduc. DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is named as Additional Insured as respects General Liability. The ANF 160 (08/99) is attached. G/L Ded. $1,000. Automobile A/I endorsement and Waiver of Subrogation have been requested from the company. Will be sent upon receipt. Re: Corporation Yard Building "O" Contract #3376. *Except ten (10) day notice of cancellation for non - payment of premium. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION CITYNEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WI LLjMg6)OAjPA"IL _30 DAYSWRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFU=pTXDC9WTIXD0)&OM IX Administrative Assistant Bc> N& Tmsa�enma ca$n:ae;<a>��BSDCSTA�Ex #MR 3300 Newport Boulevard Newport Beach, CA 92658 -8915 rl t ACORD 25S (7/97) © ACORD CORPORATION 1988 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSUED- OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, official, employees and volunteers 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. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Wavier of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverage's provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. Authorized kepresentative ANF 160 (08/99) — �MAR!MRR, 22_ '01.. 11, 49RM METRO INSURANCE 714 245 9124 • N0. 1377 P - P 73/3 THIS ENDORSEMENT CEANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BUSINESS AUTO Policy Change Number POLICY NUMBER: ENDORSEMENT EFFECTIVE: COMPANY GA10301987 1/13/2001 The Generals Insurance Company of Trieste and Venice — U.S. Branch NAMED INSURED: AUTHORUED REPRESENTATIVE Arrowhead f eneralImurance Lacy Construction COVERAGE PARTS AFFECTED: Buasness Auto Policy CHANGES: IT IS HEREBY UNDERSTOOD AND AGREBD THAT THE FOLLOWING AMENDMENT TO THE DEFINTIION OF "INSUREDS" SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THB EXTENT IT FALLS WITHIN TO AMENDED DEFINTION. Cuy of Newport Beacb, R'S Ofticefs, Employees and Volunteers 3300 Newport Blvd. Newport Beach, CA 92658 -89'15 Job: Cnrporatipn Yard Bulidina+ "O" Con uacL #3376 TEE DHFINTI.ON OF "INSUREDS" IS AMENDED TO INCLUDE: 7, 'ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE "USE" OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, IT'S EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSURED'S PERMISSION.' THE TERM "USE' WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPERATING, MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. uthoriud Ibmaturo CA Al 2.93 Cnpyright. IDearsnce Setr+" Office, Inc., 1983 Page i or 1 t7 Copyright. ISO Comtuerosal Risk Services, Inc., 1983 MAR 22 '01 11 :48AM METRO INSURANCE 714 245 9124 P.2i3 CLAI&ON NATIONAL INSURANCE COMB A Stock Company Newark, New Jersey 1177 Avenue of the Americas (44 & 45'h Floors) New York, NY 10036 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY MISCELLANEOUS INFORMATION ENDORSEMENT WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS Named insured: LACY CONSTRUCTION Policy o:03KR- 0001 -961 Effective:3 /16/01 We have the ri it to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against.the person(s) or organization(s) named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires that you obtain this agreement from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California Workers' Compensation premium otherwise due on such remuneration. It is hereby agreed that 30 days notice of cancellation will be provided to certificate holder at address shown below, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives. 10 days notice of cancellatlon will be provided for non- payment of premium; Minimum Premium: $50.00 Schedule: Person or Orgartzation CITY OF NE ORT BEACH PUBLIC WO DEPARTMENT 3300 NEWPO BLVIY NEWPORT BEACH CA 92658 -8915 Job Description CORPORATION YARD BUILDING "0" AUTHORIZED REPRESENTATIVE This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement #3 Issued: 3/19/01 WC 04 03 06 MAR -23 -01 FRI 08:40 AM FAX N0. P. 02/14 • • O CAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: 0 6 R: DEPARTMEN IYCONTACT RECEIVED FROM: SHMIR QXLEIQ DATE COMPLETED-- 43 SENT TO: SMIL" BY: ML %A COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE L&Y MA1627, 671 DAl GENERAL LIABILITY: A. INSURANCE COMPANY: A1AJ[1rrA-r0Z NVZM,A1W,,,&WAA& B. AM BEST RATING (A VII or greater): ' VX C. ADMITTED COMPANY: ( Must he California Admiaed) Is company dmitted in Caaliromia? Yes z No D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Ycs No F. ADDITIONAL INSURDED WORDrYG TO INCLUDE: ( The City its olTcers, agents, officials, employees and volunteers). Is it included'? Yes_ // No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes V, NO Ii. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorseutent include "solely by negligence" wording? Yes No y/ I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by ccnified mail: per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: CTEAIFvt B. AM BEST RATING (A VIf or greater): ­& YU/ C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No_ D. LIMITS: ( Must be $1,000,000 minimum BI d' PD and $500,000 Ulvf) What is limits provided ?14� 04TVZ7L E. (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes ✓ No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes / No G. NOTIFICATION OF CANCELLATION: Although there is s provision tha[ nXluires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording_ III. WORKERS COMPENSATION A. iNSiTRANCF COMPANY: &A NOW A1ARN/I& /AISUI 04F �0 B. AM BEST RATING (A VII or greater)___ C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Ycs—Z No -__ I°IAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED? PR 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 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. 3376 in accordance with the Special Provisions, and will take in full payment therefore the following 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 @ Five Thousand Dollars and No Cents $ 5,000.00 Per Lump Sum 2. Lump Sum Design & Secure Permits for Building "O" @ Five Thousand Dollars and No Cents $ 5,000.00 Per Lump Sum 3. Lump Sum Construct Footings and /or Piers for Building "O" Fourteen Thousand @Forty Dollars and No Cents $ 14,040.00 Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Construct Building "O" Seventy Three Thousand @Three Hundred Dollars Forty One and No Cents Per Lump Sum 5. Lump Sum Provide 20 -Year Roof Panel Finish And Non - Perforation Warranties @ Six Hundred Dollars and No Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS: Ninety Seven Thousand Nine Hundred Eighty One and No February 22, 2001 Date 714- 630 -8090 7140630 -8535 (Fax) Bidders Telephone and Fax Numbers 365461 B1 Bidders License No(s). and Classification(s) $ 73,341.00 $ 600.00 97,981.00 Total Price (Figures) Lacy Construction 7M, Owner Bidder's Authorized Vgnature and Title 3006 East Coronado Street Anaheim. CA 92806 Bidder's Address f: \usem\pbw�shareducontracts\fy 00- 01\corpomton yard bldg o o-3376\proposal c- 3376.doc rs 41 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Corporation Yard Building "O" Contract No. 3376 ADDENDUM NO. 1 Bidders shall propose to complete Contract No. 3376 in accordance with previously - issued Contract Documents as modified by this Addendum: SPECIAL PROVISIONS, Page SP 2 OF 7: 2 -6 WORK TO BE DONE. Add the following items 7. and 8. to the canopy design and construction features. 7. Wall skirts shall be provided between the 14' minimum clearance height and the roof. 8. Canopy design shall provide for future building enclosure with conventional wall materials. SPECIAL PROVISIONS, Page SP 7 OF 7: 210 -1.5 Paint Systems. Delete the words "......joists, and columns........ from the second sentence. ................................................ •.............................1 Please exec!te and data this Addendum and attach it to your proposal. Failure to do so may result in disqualification of your bid. 674e i Date Lloyd Walton, P.E. Project Manager I have carefully examined this Addendum and include full payment therefor in my Proposal. '�;"Do -o ( L,&---r co,, v',/ Date Bid er C/f Authorized Signature • s 1 1 1 2 2 2 2 2 3 3 3 3 3 K 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5 -3 General 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -2.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -8 COMPLETION AND ACCEPTANCE 1 1 1 2 2 2 2 2 3 3 3 3 3 K 3 4 4 4 • • SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power, and Water 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -102 Storage of Equipment and Materials in Public Streets 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -15 CONTRACTOR'S LICENSES SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General PART 2 - -- CONSTRUCTION MATERIALS SECTION 206 MISCELLANEOUS METAL ITEMS 206 -1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS 206 -1.4 Bolts 206 -1.4.4 Fasteners 206 -1.6 Roof Panels SECTION 210 PAINT AND PROTECTIVE COATINGS 210 -1 PAINT 210 -1.5 Paint Systems 210 -1.8 Warranty PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1.5 Solid Waste Diversion ADDENDUM TO PRELIMINARY GEOTECHNICAL INVESTIGATION PRELIMINARY GEOTECHNICAL INVESTIGATION 4 5 5 5 5 5 5 6 6 7 7 6 6 6 6 6 7 7 7 7 7 7 n u • SP 1 OF 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORPORATION YARD BUILDING "O" CONTRACT NO. 3376 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plan (B- 5168 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements, and (5) the 1998 California Building Code. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General. Change the first paragraph to read, "Shop drawings and submittals, including duplicate samples showing full color range available, shall be provided to the Engineer at the Contractor's sole expense." 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this design -build contract consists of preparing detailed plans and specifications, • SP3OF7 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The term "work" as used herein shall include preparing calculations, plans and specifications; obtaining permits; construction; etc." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under this contract within 80 consecutive working days from the date of the "Notice to Proceed ". In addition, the Contractor shall complete onsite construction within 40 working days within the 80 day period for completion of all work. 9 • SP5OF7 As an alternative to constructing footings and /or piers to terrace deposits, the Contractor may opt to construct shallower footings and provide a means to jack and re- level columns should a settlement occur at some future date. This option is provided for in the Addendum to Preliminary Geotechnical Investigation attached hereto. If the Contractor elects to construct this option, he shall include all costs for engineering and constructing such footings, granular fill and column re- leveling devices in his proposal. The Contractor shall then prepare and submit all plans, specifications and substantiating calculations to the Building Department that are required by the Building Department for plan check and permit issuance. The plans shall be drawn on standard 24 -inch by 36 -inch sheets that will be furnished gratis by the Engineer. Said submittals shall bear the seal of a registered professional engineer that is licensed by the State of California to prepare such work. To facilitate plan preparation, the Engineer will provide a gratis copy of City records pertaining to the 1980's development of the Corporation Yard. At the completion of work, the Contractor shall "as- built" the plans and furnish a gratis set of mylar "as- built" plans to the Engineer." 7 -8 PROJECT SITE MAINTENANCE. Add to this section, "The Engineer will work with the Contractor to provide adequate employee and equipment parking and storage areas adjacent to the work site. The metal storage bins located adjacent to the work site will be removed by City forces prior to the Contractor starting work." 7 -8.5 Temporary Light, Power, and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. The Contractor may use Corporation Yard power free of charge. The Contractor shall be responsible for conducting water and power to the site of CORPORATION YARD BUILDING "0" and for removing same and restoring the Corporation Yard to the Engineer's satisfaction upon completion of work. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "The Contractor's equipment and materials shall be stored only within the area denoted on the site plan unless permitted otherwise in writing by the Engineer." 7 -10.4 Public Safety 7- 10.4.1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all • SP6OF7 State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor A license, a Building Contractor B license, or a Specialty Contractor C -51 license. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, "The lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for related items of work. Payment for geotechnical engineering services required during construction shall be included in the lump sum bid price for Construct Building 'O'." PART 2 CONSTRUCTION MATERIALS SECTION 206 - -- MISCELLANEOUS METAL ITEMS 206 -1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS 206 -1.4 Bolts 206 -1.4.4 Fasteners. For purposes of this contract, all bolts except for anchor bolts shall be considered as fasteners. Fasteners shall be manufactured from corrosion resistant metals and coated with factory paint that matches the color of the canopy and will withstand a corrosive beach environment. 206 -1.6 Roof Panels. Roof panels shall be warranted in writing by their manufacturer's standard 20 -year, non - perforation warranty. • • SP7OF7 SECTION 210 -- -PAINT AND PROTECTIVE COATINGS 210 -1 PAINT 210 -1.5 Paint Systems. Add to this Section, "Roof panels shall be coated with an 0.5 oz per square foot zinc /aluminum coating. Canopy and fascia panels, ventilators, joists, and columns shall be coated with a baked -on, minimum 1.0 -mil dry film thickness siliconized polyester finish over a 0.5 ounce- per- square -foot zinc /aluminum coating." 210 -1.8 Warranty. Paint and protective coating systems for all metal work shall be warranted in writing by their manufacturer's standard 20 -year finish warranty. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1.5 Solid Waste Diversion. The Contractor may dispose of existing asphalt concrete generated from the job site at the City's onsite bin for materials to be crushed for reuse. • TO: Mayor and Members of the City Council March 13, 2001 CITY COUNCIL AGENDA ITEM NO. 8 FROM: Public Works and General Services Departments APPROVED SUBJECT: CORPORATION YARD BUILDING "O" — AWARD OF CONTRACT NO. 3376 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3376 to Lacy Construction for the Total Bid Price of $97,981 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,000 to cover the cost of testing and unforeseen work. 4. Approve a Budget Amendment to transfer a total of $67,000 from three accounts to Account No. 7011- C3120363. DISCUSSION: Bids for this project were previously opened on January 9, 2001. Only one bid in the amount of $135,796 was received and the City Council found that there was inadequate bid response and rejected the bid at its meeting of January 23, 2001. Further, the City Council directed staff to modify the plans and specifications as needed to attract more bidders and re- advertise the project for bid. At 11:00 A.M on February 22, 2001, the City Clerk opened and read the following new bids for this project: TOTAL BID AMOUNT $ 97,981 $ 99,101 $148,000 $162,241 $174,500 The low total bid amount is 9 percent above the Engineer's Estimate of $90,000. The low bidder, Lacy Construction, possesses a General Building Contractor "B" license and has satisfactorily completed other prefabricated building projects. BIDDER Low Lacy Construction 2 MMC, Inc. 3 Maybed Contractor 4 Shook Building Systems, Inc. 5 Bryce Parker Co. TOTAL BID AMOUNT $ 97,981 $ 99,101 $148,000 $162,241 $174,500 The low total bid amount is 9 percent above the Engineer's Estimate of $90,000. The low bidder, Lacy Construction, possesses a General Building Contractor "B" license and has satisfactorily completed other prefabricated building projects. SUBJECT: CORPORATION YARD BUILDING "O" - AWARD OF CONTRACT NO. 3376 • March 13, 2001 Page: 2 PROJECT DESCRIPTION: This project provides for constructing a prefabricated metal equipment canopy building at Corporation Yard. The 72 -foot wide x 75 -foot deep x 14 -foot clear height canopy will help protect heavy -duty vehicles from the elements. The plans and specifications were prepared by Public Works staff. The contract requires the contractor to: • Furnish the Building Department with plans and calculations for foundations and a pre- engineered, prefabricated canopy; • Obtain all necessary building permits; • Complete construction within 40 consecutive working days; and • Complete all required work within 80 consecutive working days. Funds to award the contract and provide for testing and unforeseen work are available in the following Accounts and the budget amendment will consolidate the funds in one account: Description City Hall and Corporation Yard Improvements Restroom Facilities Improvements Sidewalk, Curb and Gutter Replacement Street, Alley and Bikeway Improvement Liquidated damages are $250 per calendar day. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director 2"py�'� • • Dalfbn, Design Engineer Attachments: Bid Summary Budget Amendment Account No. Amount 7011- C3120363 $ 40,000 7011- C3120544 $ 30,000 7013- C3130016 $ 27,000 7013- C3130015 $ 10,000 Total $107,000 GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director E=� 00 00 O ¢r m 0 Q 2 Z O O O O C M O 00 'o N Gj O O O O C F- 0 0 O O C Z O O O CC T 0 0 d Od OJ M u U U 0 r O O r UZ Q D O U N O 00 00 O O U i W Z 0 C W M >. N V = h O Oi r. 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BA- 035 AMOUNT: Ss7,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer and consolidate funds to provide for Corporation Yard Building "0", Contract 3376. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Description Description Amount Debit Credit Division Number 7011 Facilities Rehab /Remodel Account Number C3120544 Professional & Technical Services $30,000.00 Division Number 7013 Street Account Number C3130016 Sidewalk, Curb & Gutter Replacement $27,000.00 Division Number 7013 Street Account Number C3130015 Street, Alley & Bikeway Improvements $10,000.00 Division Number 7011 Facilities Rehab /Remodel Account Number C312O363 City Hall]Corporate Yard Improvements Division Number Account Number Signed: Signed: Signed: Firfanoial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Automatic $67,000.00 Date G o ate Date lty of Newport Beach 1* BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 035 AMOUNT: bs7,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance . f � MAR 13 - ��D This budget amendment is requested to provide for the following: To transfer and consolidate funds to provide for Corporation Yard Building "O ", Contract 3376. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Description Signed: Signed: Signed: Firfancial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $30,000.00 $27,000.00 $10,000.00 $67,000.00 OR Date G v ate .3// 3/O/ Date Description Division Number 7011 Facilities Rehab /Remodel Account Number C3120544 Professional & Technical Services Division Number 7013 Street Account Number C3130016 Sidewalk, Curb & Gutter Replacement Division Number 7013 Street Account Number C3130015 Street, Alley & Bikeway Improvements Division Number 7011 Facilities Rehab /Remodel Account Number C3120363 City Hall /Corporate Yard Improvements Division Number Account Number Signed: Signed: Signed: Firfancial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $30,000.00 $27,000.00 $10,000.00 $67,000.00 OR Date G v ate .3// 3/O/ Date CITY OF NEWPORT � CH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 28, 2001 MMC Inc. 8405 Artesia Boulevard Buena Park, CA 90621 Gentlemen: Thank you for your courtesy in submitting a bid for the Corporation Yard Building "O" Project (Contract No. 3376) 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 CI� OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 28, 2001 Maybed Contractor 2751 E. Chapman Ave., Suite 102 -A Fullerton, CA 92831 Gentlemen: Thank you for your courtesy in submitting a bid for the Corporation Yard Building "O" Project (Contract No. 3376) 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, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 March 28, 2001 Shook Building Systems, Inc. 4442 Parkhurst Street Mira Loma, CA 91752 Gentlemen: Thank you for your courtesy in submitting a bid for the Corporation Yard Building "O" Project (Contract No. 3376) 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, -. , v 'J 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 March 28, 2001 Bryce Parker Company 9412 Gidley Street Temple City, CA 91780 Gentlemen: Thank you for your courtesy in submitting a bid for the Corporation Yard Building "O" Project (Contract No. 3376) 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, v <. LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 January 30, 2001 Lacy Construction 3006 East Coronado Street Anaheim, CA 92806 Gentlemen: Thank you for your courtesy in submitting a bid for the Corporation Yard Building "O" (Contract No. 3376) 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, 3300 Newport Boulevard, Newport Beach LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach January 23, 2001 CITY COUNCIL AGENDA A(�Rwb wnNtLT1DA1tot�5 ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department and General Services Department SUBJECT: CORPORATION YARD BUILDING "0" -CONTRACT NO. 3376 RECOMMENDATIONS: 1. Find that there was inadequate bid response and reject the sole bid. 2. Direct staff to modify the plans and specifications as necessary and re- advertise the project for bid. DISCUSSION: At 11:00 a.m. on January 9, 2001, the City Clerk opened and read the following bid for this project: BIDDER TOTAL BID AMOUNT Low Lacy Construction $135,796 The low total bid amount is 126 percent above the Engineer's Estimate of $60,000. The low bidder, Lacy Construction, possesses a General Building Contractor license and has satisfactorily completed similar prefabricated building projects in many projects. PROJECT DESCRIPTION: This project provides for constructing a prefabricated equipment canopy building at the Corporation Yard. The 72 -foot wide x 75 -foot deep canopy with a clearance height of 14 feet will help shield City trucks from the elements. Public Works staff prepared plans and specifications for the project. A geotechnical firm, Bagahi Engineering, Inc., provided soils information to be used for foundation design atop this former dumpsite. The contract required the contractor to • furnish the Building Department with plans and calculations for foundations and a pre- engineered, prefabricated canopy; • obtain all necessary Building Permits; • complete contract work within 90 consecutive working days; and • complete construction within 45 consecutive working days after it is started. SUBJECT: CORPORATION VALDING "O" -CONTRACT NO. 3376 • January 23, 2001 Page: 2 Despite advertisement of the project for bid per customary City practice and re- faxing bid notices to at least 18 prefab construction firms, only one bid was received. Staff contacted the non - bidding firms to determine why they did not place a bid. Responses included that • one company was going out of business; • one company thought that their experience did not meet our specifications; • some did not construct bonded projects; • some were too busy with other projects or were at their bonded limit because of other contract work; • some felt that the Engineer's Estimate was too low; and • some did not have time to prepare a bid because of foundation complexities, office slowdowns after the holidays, etc. Staff has reviewed the foundation issues with Bagahi Engineering, Inc. Certain design parameters will be clarified that could reduce the cost of foundations for the canopy. In addition, the Engineer's Estimate should be increased approximately 33 percent because of the extra foundation work needed due to poor soil. And finally, prospective bidders indicated they would be more prepared to submit bids for a mid - February bid opening. Accordingly, staff recommends that the City Council find that the bid response was inadequate to award the contract. Further, staff recommends that the City Council direct staff to revise the plans and specifications and the re- advertisement of the project for bid as soon as possible. Staff has obtained additional names of qualified firms that can be notified of the re -bid. Respectfully submitted, ca UXL PUBLIC WORKS DEPARTMENT Don Webb, Director . &.. . Design Attachment: Project Location Map GENERAL SERVICEDEPARTMENT David E. Niederhaus, Director w z w cr O x w d D U) E LOCATION FLAW INDUSTRIAL WAY i G CANOPY _ � L S � 592 SUPERIOR AVENUE PROJECTSITE (BUILDING -0-K EX. WAREHOUSE A I E Q i B PARKING D E K CORPORATION YARD PLAN NOT TO SCALE