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HomeMy WebLinkAboutC-3391 - Balboa Yacht Basin Office RemodelCITY OF NEWPORT BEACH October 23, 2002 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 LTG Construction 28241 Crown Valley, F293 Laguna Niguel, CA 92677 Subject: Balboa Yacht Basin Office Remodel (C -3391) 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 Western Surety Company, and the bond number is 929200729. Enclosed is the Faithful Performance Bond. Sincerely, 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 • • PAGE 16 CITY OF NEWPORT BEACH PUBUC WORKS DEPARTMENT BALBOAYACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 BOND NO. 929200729 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1 282.00 , being at the rate of $ 0 . thousand of the Cant-act price. WHEREAS. the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the 'Principal", a contract for construction of BALBOA YACHT BASIN OFFICE REMODEL, Contract No. 3381 in the City of Newport Beach, in strict conformity with the plans, drawings, speciffeadoM and other Contract Documents maintained in the Public Works Department of the City of Newport Beech, all of which are incorporated herein by this reference. WHEREAS, Principal has exaauteid or is about to execute Contract No. 3391 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we. the Principal, and we -tarn S +L= rmm�any , duty authorized to transact business under the laws of the State Of California as Surety (pgreln�rH`Surat�). are ehold darnd firrWy bound unto the City of Newport Beach, in the sum d Dollars (S 42,725.00 1 lawful money of the United States of Amerrr�, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors. and assigns; for which payment well and truly to be made. we bind ourselves, our hairs, exec lets and administrators, successors, or assigns, jointly and severally, rtrmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that K the Principal, or the Principal's heirs, executors, adminiMtors, successors, or assigns, fail to abide by, and well and truly Keep and perform any or all the work, covenants, eonditlona, and agreements M the Contract Domm eats and any alteration thereof made as therein provided on its part, to be kept and peftm -ed at the time and In the manner therein specified, and in all respells according to Its We Intent and meaning, or fails to indemr*. defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faikhfuly perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. ►Ll PAGB 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be includedscaets Land i the reasonable the City is re0u� to including reasonable attorneys fees. Insured by b• h bring an actSon In law or equity against surety to enforce the cbligattatns of this Bond. Surety, for value received. sapulates and agree* that no change. extension �ndemO, slt�rstona or additons to the terms of the Contract or to the work t0 be parfOrmted to the specifications a=mpanying the Sams shall in any way affect its obligation* stn this Bond. and it does hereby waive notice of any such change, extenstan of ttme, arteradons or additions of the Ccntrad or to tv work or to the specific dOM This Faithful PeffOrrtten tolbwi the date of and maintained by pmjed by theiCibu force and effaG or one (1) yW n9 in the event that the Pdndpai nmcuted this bond as an individual, It is agreed that the death of any such Principal shall not uaonerats the Surety from its obitgati0ha "or this Bond. IN WITNESS WHEREOF, this inamIrrent has baem duty wa*cutsd by the Principal and Surety above named, on the 26th day of April 2067. LTG Construction uteri Sigmaturerittle Name of Contractor (principal) r.,estprn S urety Company Y�� C/�- Name of Surety Authorial Went Signature Gerald L. Ervin, Attorney -in -Fact 0 r� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CNA Fbr All N. CammicwnY ML .N.k.' State of California County of Los Angeles On April 26, 2001 before me, Gina Tucker, Notary Public Date NAME, TITLE OF OFFICER., 'JANE DOE, NOTARY PUBLIC' personally appeared Gerald L. Ervin NAME(S) OF SIGNER(S) (-k) personally known to me – OR – (_) proved to me on the basis of satisfactory evidence to be the person(a) whose name(* is /fire subscribed to the within instrument and acknowledged to me that he /she /they executed the same In hisiNevAheir authorized capacity0e*, and that by hisAlwc{iheir signature(a) on the instrument the person(e* or the entity upon behalf of which the person* acted, executed the instrument. WITNES y hand and official seal. 6-/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 TITLE(S) (_) PARTNER(S) (_) LIMITED ( —) GENERAL (X) ATTORNEY -IN -FACT (_) TRUSTEE(S) (_) GUARDIAN /CONSERVATOR (_) OTHER SIGNER IS REPRESENTING: NQesEe n P��ReOoy (gg�payN TITY(IES) Su Gmn G- 107428-8 DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES April 26, 2001 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 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 LTG Construction 28241 Crown Valley, F293 Laguna Niguel, CA 92677 Subject: Balboa Yacht Basin Office Remodel (C -3391) 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. 20010755120. The Surety for the contract is Western Surety Company, and the bond number is 929200729. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach 0 0 PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO.91 33 BOND NO. 929200729 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Councd of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated 86 the "Principal,' a contract for construction of BALBOA YACHT SMIN OFFICE REMODEL, Contract No. 9391 In the City of Newport Beach, In strict conformity with the plans, drawings, specifications and other. Contract Documents in the office of the Public Works Deparfrrlant of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contrast No. 3391 and the terns thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or Other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE. We the undersigned Principal, and, Western Surety Company duly authorized to transact br$Iness under the laws of the State of California, as Surety, (refGffvs to hgeln a� ' Ure% �re held firmly bound unto the City of Newport beach, in the sum o4 Fort .y �vo�T o��apr nS��en n rec DdtarS ($ 42,725.00 ) lawful money of the United States of America, said sum being equal to 100% of the est mated amount payable by the City of Newport 9eaeh under tha temis of the Contract; for wtilch payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fad to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other wort or labor thereon of any kind. or for amounts due under the Unemployment Insurance Cede with respect to such work or labor. or for any &mounts required to be deducted. withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, hen the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in =9 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 Cs OM4. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 0 CNA Por .UI tha G+mmitmmu You lLke' On April 26, 2001 before me, Gina Tucker, Notary Public Date personally appeared Gerald L. Ervin NAME(S) OF SIGNER(S) (X-) personally known to me — OR — (_) proved to me on the basis of satisfactory evidence to be the persons) whose nameW is /ere subscribed to the within instrument and acknowledged to me that he /speAhey executed the same in his1#m4* 9f authorized capacitye**, and that by his /4eflAge4F signature( on the instrument the personal, or the entity upon behalf of which the person*acted, executed the instrument. � � J 9:Y WITNESSfy hand a official seal. IGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (_) INDIVIDUAL (�) CORPORATE OFFICER TITLE(S) (_) PARTNER(S) LIMITED (_) GENERAL (X) ATTORNEY -IN -FACT (_) TRUSTEE(S) (_) GUARDIAN /CONSERVATOR (_) OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Western Surety Company DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES April 26, 2001 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE AM G- 107425 -C V j 10 0 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gerald L Ervin Gina Tucker Individually of Woodland Hills, California its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 11th day of AID ri 1 2001 S.l -Err C +;pro WESTE ! RETY C M NY JStephen T. Pate, Executive Vice President State of South Dakota ss County of Minnehaha On this l lth day of April 2001 , before me personally came Stephen T. Pate, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ♦wrrrrwrrrrrrrrrrrrrrrrrr + Jr D. KRELL + y// '' M commission expires + �+ T� e Q /1 y p +NOTARY PUBLIC`SY�+ /.TL 1+ November 30, 2006 +SEAL SEAL + + SOUTH DAKOTA + t 0. Cummk i.n E.p,. t tao 2006 i D. Krell, Notary Public {r44r4w4444444444rr44444 CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of April 2001 WEST SURETY COMPANY w . elson, Assistant Secretary Form F4280-42001 PAGE 16 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to Me claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordance with the =visions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety. fbr value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the sPecific2dam amompaIrYing the same shall to any wise affect its obligations an this Bond, and It does hereby watva notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named ezecvted this Bond as an individual, it Is agreed that the, death of any such prindpal shall not exonerate the Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Prtndpal and Surety, on the 26th tray of April . . f , Tn o NaTm Cnact Pclpal) )wL... / orized Stgnaturalfllfe Western Surety Company Name of Surety 21650 Oxnard St., Suite 600 -4 Woodland Hills, CA 91367 Address of Surety 818- 713 -2019 Telephone Authorized Agent Signature Gera-W L. Ervin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMTS OF CONTRACTOR AND SURETY MUST BE ATTACHED /6 0 0 l, _ Recorded in Official Records, county of Orange RECORDING RE6 &qfdD9 (AND Gary Granville, Clerk- Recorder WHEN RECORDED RETURN TO: iIIIIIIIiI�IIIIIIII�IIIIII�II�I IIIIIII�IIIIIIIIiIIIIIIIINO FEE rot NOV -2 A 8 :00 20010755120 09 27a 10125/01 City Clerk 115 is Nit t City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 New o ar r;TY cLERn Newport Bea ty2 ,;JR T BEACH NF "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION lC� NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LTG Construction of Laguna Niguel, California, as Contractor, entered into a Contract on April 24, 2001. Said Contract set forth certain improvements, as follows: Balboa Yacht Basin Office Remodel, C -3391 Work on said Contract was completed on September 14, 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 Western Surety Company. BYi ' public Works; Director City of NeyGoort 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. BY j City Clerk �TA • • R C C', Recorded in Official Records. County of Orange RECORDING REQUESTED BY AND Gary Granville, Clerk- Recorder WHEN RECORDED RETURN TO: NO FEE '01, OCT 29 A 9 :11 20010755120 09:27am 10125101 City Clerk 115 16 N12 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport BoulevaWFICE CF I:,i I : .:_ERK Newport Beach, CA 92(M3Y CF t':4:'Gi.l 3:.;'• " °+ to Government NOTICE OF COMPLETION 6103" CONFORMED COPY Not Compered vv1th Original NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and LTG Construction of Laguna Niguel, California, as Contractor, entered into a Contract on April 24, 2001. Said Contract set forth certain improvements, as follows: Balboa Yacht Basin Office Remodel, C -3391 Work on said Contract was completed on September 14, 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 Western Surety Company. BY / %`- public Works Director City of NejNport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ! {' L ,..- at Newport Beach, California. B� ;i /. City Clerk C -33� I October 23, 2001 CITY COUNCIL AGENDA ITEM NO. 17 TO: Mayor and Members of the City Council FROM: Public Works Department Al ,11.4 SUBJECT: BALBOA YACHT BASIN OFFICE REMODEL, CONTRACT NO. 3391 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On April 24, 2001, the City Council authorized the award of the Balboa Yacht Basin Office Remodel contract to LTG Construction of Laguna Niguel, California. The contract provided remodeling of 3 of the 44 storage garages at the Balboa Yacht Basin into a 600 - square foot office. The office has now been leased to Heritage Yacht Brokerage (HYB), while the newly- formed Harbor Resources Department moved into the previous space of HYB at the Yacht Basin. 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: $42,725.00 Actual amount of bid items constructed: $42,725.00 Final contract cost: $42,725.00 There were no change orders written for the project. Funds for the project were expended in the following account: Description Account No. Amount Balboa Yacht Basin Improvements 7231- C2370574 $43,725.00 SUBJECT: Balboa Yacht Basin Off model, Contract No. 3391 - Completion And Acce e October 23, 2001 Page 2 The original scheduled completion date was July 5, 2001. Due to no -cost electrical changes, the completion date was extended to September 14, 2001. All work was completed by the revised completion date. Respectfully submitted L PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director r. By: "Q, C u f7�r R. Gunther, P.E. Construction Engineer 0 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK 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 13th day of April 2001, at which time such bids shall be opened and read for BALBOA YACHT BASIN OFFICE REMODEL Title of Project Contract No. 3391 $ 45,000 Engineer's Estimate ,Appr ve by Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Required Contractor License Classification(s) required for this project: "B" For further information, call Lloyd Dalton, Project Manager at (949) 644- 3328 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 0 0 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 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. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. MAT CJWA 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification C T( Bidder 47 CL/jvrl- uthorized Signature/Title Date CITY OF NEWPORT BEACH Bond No. 22485913 PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFISF, REMODEL CONTRACT NOS 3391 .. - _... We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally hold and firmly bound to the City of Newport Beach, a charter city. in the principal sum of Ten percent of the amount -hid _ pops (s 1, 10 % �). to be paid and forfeited to the City of .lewport ite:�cit id praposal of Ltiz nder,lgnr Pnnhptt 7 the instruction of BAL90A YAGNT BASIN OFFIC@ REMODEL, Co No. 7391 in the City of Newport Beach, is aooeptad by the Ctry Council of the City of Newport Beach end the Rropo6ed contract b awarded to the Principal, and the Principal fails tc duly enter into and execute the Contract Documents for the mnstruction of the prole« In the forth required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the data of the mailing of Notice of Award; otherwise this cbllgation 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 ttt s 51h day of April 2001. LTG Construction Name of Contractor (PAndpal) thori:ad SignaturelTitle Western Surety Company Name of Surety 21650 Oxnard Street, #600 -4 Woodland Hills, CA 91367 Address of Surety 818- 713 -7019 Telephone B : Auftft d Agent Signature �ji rid jyjj'ker A tnrne y- in- ,�y��,� 7r ^t Nome and Trtb (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES CHA 1br Au ux CamdUr,. Yw M.b• On APRIL 5. 2001 before me, MARILYN M. SURD, NOTARY PUBLIC Date NAME, TITLE OF OFFICER., `JANE DOE, NOTARY PUBLIC" personally appeared GINA TUCKER NAME(S) OF SIGNER(S) a-) personally known to me – OR – (_) proved to me on the basis of satisfactory evidence to be the person(o whose n„me(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(r,) on the instrument the person(s }, or the entity upon behalf of which the person(s) acted, executed the instrument. 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 TITLE(S) (_) PARTNER(S) ( —) LIMITED (_) GENERAL (-)L) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN /CONSERVATOR (�) OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) R ENTITY(IES) WESTERN SURETY COMPANY G- 10)426 -B DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APRIL 5. 2001 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE WI NESS my hand and official seal. s KURD • %� F �. # 1 ?. 555 ^g G ) � °' 2 ''cf. ;,; I,✓GJi,V7;`t S SIGNA LI E OF NOTARY a,yCo-u; Er.:e< �,p.3o 2004 ...... ........ 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 TITLE(S) (_) PARTNER(S) ( —) LIMITED (_) GENERAL (-)L) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN /CONSERVATOR (�) OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) R ENTITY(IES) WESTERN SURETY COMPANY G- 10)426 -B DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APRIL 5. 2001 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY (Irrevocable) BOND No. SP- e_248 913 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed but may be detached by the approving officer if desired. That Western Surety Company, a corporation, does hereby make, constitute and appoint the following TwO 2 authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS GERALD L ERVIN GINA TUCKER in the City of a 0t_I O i_ A N D HILLS , State of C A L I F OIZ N I A , with limited authority. its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond: "NE ?IO P =R'r. a:'!4 "s'L :i A':`_l /r):� pAYME-NT 8('. ^i7 ?ROVIDIf.C� TNr eG.-ND PENALTY ..;n{ cX�c IV= "I! LI?S 4Ni! M17 /10 DGLLARS (*5 COD. a # #F:sa #era.t #sax•; > #ofa # =w #a #era #b #c.=F #n # # #arim # # # # #a # # # #,I #matt a# #era# #err #era # ## The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of RUA p Y 2 3 L- O o,but until such time shall be irrevocable and in full force and effect. WESTEIIN- SURETY COMPANY further certifies that the follnwing is a tru, and <vot copy of Section 7 of the Br -laws of Western Surety Company, duly adopted and in car in fpise: mount: 5ection 7. All bonds, policies, undertakings, Powers of Attorney or Other obligation, of the corporation shall be executed in the corporal, name of the Company by the President, secretary, any Assistant Secretary, Treasurer. ,, any Vice President, or by such curer officers as the Board of Dim,mes may authorize. The President, any Vitt President. Secretary, any Assailant Secretary, or the Treasurer may appoint Attorneys in Fact nr Agents who shall have authority to issue bonds, policies. or andenakings in the more of the Company. The corradate seal is not necessnq for the validity of am bonds, policies, undertakmgs. Powers of Attorney or other obhgauons of the corporation. The ,agrarian, of any such officer and the corporate seal may be printed by facsimile' ' The penal amount of the bond herein described may be Increased if there Is inadwd to this Power, written authority so euthorii,ng in the form of an endorsement. letter or odegam signed by the Senior Underwriting Officer, Underwriting Officer. President. Vitt President. Assistant Vim President. Treasurer, Secretary nr Assistant Secretary of western surety Company specifically authorizing said increase. IN WITNESS WHEREOF. Western Surety Company has caused these mes,ms to be exec led by its President with its em, rate s,at affixed this 81b day of April 1997 WESTERN SURETY COMPANY STATE OF SOUTH DAKOTA l ss. By .i COUNTY OF MINNEHAHA 1 President 8th April 1997 On this day of , in the year , before me, a Notary Public, personally appeared Stephen T. Pate, who being by me duly sworn, acknowledged that he signed the abnve Power of Attorney az the aforesaid officer or WESTERN SURETY COMPANY and acknowledged said instrument In be the voluntary act and deed of said cnr,o a m. B. THOMAS S /-I NONRV P's... /� ... svol. sill in nAAOIA .. ............ ...... .. �._. Notary Public, South Dakota My Clwmmie tpve50 -liWl 1, the undersigned officer of Western Surety Company, a stock corporation of the State of Somh Dakota. do hereby certify had the attached Power of Attorney is in full force and effect and is irrevocable: and furthermore. that Section 7 of the By -Laws of the company as set forth in the Power of Auction, is now in force. In testimony whereof, I have hereunto set my hand and the seal of Western Surety Company this" 5th day of April 2001 W E S T E R N S U R E T Y C O M P A N Y 'IMPORTANT: This date must be filled in before it is attached -) to the bond and it must be the same date as the bond. By% 7— J j���i Form 7694 -97 Q President NOTICE: This border must bs BLUE. If it is rot BLUE, this is trot a taRifled copy. —� 0 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 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 2. Z. C'r,h'�5 64'w644 z ecuh'ae 3. / -Z..7 06'l /H i1C4,a f,-9( O V 17dJ'i': U"t _iZ 4. 5. 6. 7. 8. 9. 10. Bidder ( thoriz 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 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 Completed Name /Agency Person Telephone To Contact Number l y`7 C C1�L Ay�,;� t�cr,o�e1 T "o. 749 -f(6 7G}� CA, foLv �--37-,-2/Od Bidder orized S nature/Title PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL State of California ) ) ss. County of Ot Po4I ) CONTRACT NO. 3391 NON - COLLUSION AFFIDAVIT being first duly sworn, deposes and says that he or she is of C1 (, C` '�= <aN , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I o re and rt o f perjury of the laws of the State of California that the foregoing is true ow/voret- horized Signature/Title T% ,,,�11 Subscribed and sworn to before me this day of /��21 2001. [SEAL] e— Notary Public ERIC RAYBURN ELTINGE My Commission Expires:? 0D3 2 Commission 01227261 i i Notary Public • California Orange County My Comm. Expires Jul 2, 2003 F 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall ten (10) days (not including Saturday, Sunday Notice of Award to the successful bidder: PAGE 7 be executed and delivered to the Engineer within and Federal holidays) after the date of receipt • 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. PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 CONTRACT THIS AGREEMENT, entered into this 24th day of April, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and LTG Construction, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA YACHT BASIN OFFICE REMODEL Project Description 3391 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. 3391, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 0 PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of forty-two thousand, seven hundred twenty -five and 00 /100 Dollars ($42,725.00). 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: CONTRACTOR LTG Construction 28241 Crown Valley Parkway Suite F -293 Laguna Niguel, CA 92677 (949) 363 -7932 Contractor, by executing this Contract, "1 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 r 9 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 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. 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 shalt 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 6. Right to Stop Work for Non - Compliance E PAGE 12 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. 9 r PAGE 13 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 APP - CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation LT 0 Mayor Date 05/07/01 Time: 11:18 AM To: of Beach A +1 (949) 644 -3318 TUTTON- INSURANCE Page: 002 -003 AM Ah ACORD CERTIFIC OF LIABILITY INSUMANCE DAMIyMI°D^Y) 05/04/2001 PRODUCER (949)261 -5335 FAX (949)261 -1911 Tutton Insurance Services, Inc - 2913 S. Pullman St. Santa Ana, CA 92705 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED L T G Construction Lou Gabriel 28241 Crown Valley Pkwy. F -293 Laguna Niguel, CA 92677 INSURER A. Everest National Ins. CO. CAES) INSURER a: INBURERC UNITS NSURERD: GENERALUABNTY INSURER E: - -- UUVtHA6tS paNR8.IIIIIII8 Bra a THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHE INSURED NAMEOABOVE FOR THE FOUCYVEWSMIJIM111041111111TVATHS7ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BEISSIED Oft NAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTy MEOiINlURANLE PouCY NUMBER I.YR DATEIMMINIM DATEIyy(pwY11 UNITS NEWPORT BEACH, CA 92658 -8915 GENERALUABNTY 370000OZ17011 02/02/2001 02/02/2002 EACHOCCURRENCE ! 1,08-0.0-0—o X [OW.IERCULGENERALLIABRITY FUZEDANIACE(AnY>+•Tpl 1 100,00 CLAUS MADE O OCCUR MED EXP(Any RII. Pawm) ! S.000 A PERSONALSADVINJURY i 1.000 00 X Contractual Liab. GENERAL AOOREDATE 1 2 QQQ,QQ G EN'L AG WEGSTE LIM R APPLIES PER PRODUCTS- COMPAIP AGG S 2 QQQ QQ POLICY PRO- JEC LOC T AUTORORILEUMIUTY ANY AUTO COMBMEO 81NGl.E LNn (F..ma.1I ! BOOAY INJURY (PW pWr) 1 ALL OVJNEO AUTO! SCHEDULED AUTO! BODILY N,AJRY (Porasia.Ml S MIRED ALROS NOWOVMED AUTOS PROPER" DAMAGE (Po.,me.Ml 1 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1 ANY AUTO OTN'ER THAN EAACC 4 AUTO ONLY AGO 1 EXCESS UADUTY EACH OCCURRENCE 1 OCCUR ❑CIAIMB MODE AGGREGATE 1 1 DEDUCTME S RETENTION 1 1 WORKERS COMPENSATION AND EMPLOYED LABILITY TORT LIMITS ER E.L. EACH ACCIDENT 1 E.L DISEASE - FA FMPLOYF 1 E.L. DISEASE, POLICY LIMITJ 1 OTHER GESCRIPTION OF OPERATION &LOCATICNSlVEHICLE&EXCLUMURS ADDED BY ENOORlEMEN7ISPFW L PROVISIONS ITY OF NEWPORT BEACH, its officers, agents, Officials, employees and volunteers are named additional insureds per attached ECG20501 endorsement. Re: Balboa Yacht Basin Office Remodel, Contact 01341, Newport Reach, CA 92658. This insurance is Primary a Nan- Contributory. 11D DAY NOTICE OF CANCELLATION FOR NON - PAYMENT OF PREMIUM. CERTIFICATE MOLDER I I ADDITIONAL INSURED, INSURERLETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, ENE ISSUING COMPANY VRLa MAIL PUBLIC WORKS DEPARTMENT DER NAMED TO TNELT, t3Q - -DAYS WRITTEN NOTICE TO THE CERTIFICATE MOL S ATTN: SHAUNA OYLER X=fAXXMcKKkwmxxxwwA% R{C0l1UPW01NAXNwgmwl9yAyjXX 3300 NEWPORT BLVD. KSIIB XMNO0lIIMNXRIMYR9(wpfxwwwXPMMMXXXXXXX NEWPORT BEACH, CA 92658 -8915 AUTHORIZED REPREBENTIMVE q,A� Bill Tutton CLAUDI Date: 05/07/01 Tim.: 11:18 AM To: of Beach P +1 (949) 644 -3318 • TUTTON - INSURANCE • POLICY NUMBER: 3700000237011 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -(FORM B) (CG 20 10 1185) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officiers, agents, officials, employees & volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organimion shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 'This insurance is Primary & Non - Contributory ECG 20 501 12 99 Copyright, Everest Reinsurance Company, 1998 Includes Copyrighted materiel of Insurance Services Office, Inc. used with its permission. Copyright, Insurance Services Office, Inc., 1994 Page I of I Page: 003 -003 F b s R 0 0 05:09.01 WED 07:42 FAX 949 388 2457 LTG Construction (� 0ol • 610F.11 CERTIFICATE OF INSURANCE 51298 -4 -T - 447'1' Agent 8136 AFO 416 This is to certify that: State Fann Mutual Automobile Insurance Company of Bloomington. Illinois has coverage in force ns shown helow for the named ensured. If the coverage is chnnged or terminated we will give 10 days wriltcn notice lo: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 Dcscription of Vehicle: 1999 GMC 1GTFC29U2XZ519835 LIABILITY- COVERAGE A Lunits of Liability Bodily Injtuy Properly Damage Bodily Injury and Property Damage each pemon each accident each accident Single Limit $ I S I $ 1 S 1000000 each accident 'this Certificate of Inguranee does not change the coverage provided by the described policy. Named Insured GABRIEL, LOUIS T III Policy Number 9 8130417.75F Effective Date APR 18 2001 12:01 A.M. Standard Time 6o37F.11 Countersigned , r (Ynr) By / Authorized Aepro iftdve 5 Chief Executilvcofficer Countersigned , r (Ynr) By / Authorized Aepro iftdve State Farm Mutual Automobile Insurance Company 47786-4-Z MATCH 00607 MUTL VOL m© 31303 Agoura Road Westlake Village CA 91363 "COPY` DECLARATIONS PAGE 'coPr POLICY NUMBER Policy Period from APR 18 2001 to DEC 02 2001 10 9342- FO2 -75C 00607 75- 8186 -447Z CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 NAMED INSURED: GABRIEL, LOUIS T III DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. AGENT JOHN MONSON 30131 TOWN CENTER DRIVE SUITE 275 LAGUNA NIGUEL, CA 92677 -2096 PHONE: (949)495 -2515 YEAR MAKE MODEL BODY STYLE VEHICLE ID. NUMBER CLASS NONOWNED AUTO 66000000 SYMBOLS COVERAGES PREMIUMS See Po llc for covers a details. NONOWNED A Bodily njury /Pioperty smage Liability: Limit of Liability- Coverage A 1,000,000 each Aitient "' - - U Uninsured Motor Vehicle $3.73 Limits of Liitttirty tJ Each Person, Each Accident $100.000 $36 0,60 Total premium for this policy period. $24. IT—This is not a bUl. IMPORTANT MESSAGES Your policy consists of this declarations page, the policy booklet - form 9805.5, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number 0109342 -75B. Your total current 6 month premium for JUN 02 2001 to DEC 02 2001 is $19.40. EXCEPTIONS AND ENDORSEMENTS (BKa Indllridual ehdorset"hi for details.) 01 60 2 8E.5 ADDITIONAL INSURED -30 DAYS -ROEL CONSTRUCTION CO, INC ATTN: MARY HASLET 3366 RUTZ STREET SAN DIEGO CA 92110. 02 60281.5 ADDITIONAL INSORED -30 DAYS -CITY OF RIVERSIDE ATTN: CITY ATTORNEY -CITY HALL 3900 MAIN STREET, RIVERSIDE CA 92522 -0001. 03 6028E.5 ADDITIONAL INSURED - ORANGE COUNTY SOCIAL SERVICES AGENCY, ATTN BARBARA TIDBALL 888 N MAIN ST, SANTA ANA CA 92701 -3518. 04 6028E.5�ADDITIONAL.,INSURED -CITY OF NEWPORT BEACH, 3300 NEWPORT BLVD, IP COVERAGE. LITY. Named Insured- GABRIEL, LOUIS T 11124951 VIA LARGA LAGUNA NIGUEL CA 92677 -1937 Important ... California law requires us to provide you with information for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or call toll free ... 1- 800 - 927 -HELP (4357) NOTICE We are required to furnish you with the following information: An automobile liability insurance company may cancel a policy before the end of the current policy period if an insured fails to pay the premium when due or if an insured, a resident spouse, a relative who lives with the insured or any other person who usually drives the car has had his or her driver's license under suspension or revocation during the 180 days just before the renewal date of the policy, if renewed, or during the policy period. An automobile liability insurance company may increase the premium or refuse to renew the policy for any of the following reasons: a. Accident involvement by an insured, and whether an insured is at fault in the accident b. A change in, or an addition of, an insured vehicle. c. A change in, or addition of, an insured under the policy. d. A change in the location of garaging of an insured vehicle. e. A change in the use of the insured vehicle. f. Convictions for violating any provision of the Vehicle Code or the Penal Code relating to the operation of a motor vehicle. g. The payment made by an insurer due to a claim filed by an insured or a third parry. An automobile liability insurance company may increase the premium or refuse to renew the policy for reasons that are not listed above but which are lawful and not unfairly discriminatory. G5: 09: 01 WED 07:20 FAX 949 388 2457 LTG Construction 003 state Farm Mutual Autom Inautane Company 61298 -4-T MATCH DOfi86 MUTL VOL 31303 Agoura Road y, Westlake Village CA 9138 RATIONS PAQE PAOEIOF3 POLICY NUMtltM Polioy Perlod from APR 18 2001 to NOV 17 2001 98130- E17 -76F NAMEDINSURED 00565 75- 8166 -447T GABRIEL, LOUIS T III 24951 VIA LAROA LAGUNA NIGUEL CA 92677-1937 NC Oo/ p77p0yyppPIIaaLDNLPAASSySEppRNpVICCuEESSEpg, 113Ipp5��00�� MCCORMICK ROAD, O OFIBREAELIVIC23oC�L URALRCENTER, 1 CIVIC — CONSTRUCTION CO INC, 3366 KURTZ ST, SAN o2Y2OFF ORANGE ATTN: JOSE MARQUEZ, 1501 E LONCSintTIpONIICOTIINNEC,CATTN: MMARYEHASLETT LgApN2 N Y4OF�pONANGPAM: JOSECMARQUEZ, -CI Y 4 'ANWPORT BEACH, 330D NEWPORT HOW CARGhEll Ail NSFTRAG9L%TENSES - COVERAGE R2. Agent: JOHN MONSON Telephone: (949)495.2515 Prepared APR 3D 2001 8186418 STATE COMPENSATION I N S U R A N C E FUND MAY 2, 2001 • • P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 MAY - % 2001 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE _ POLICY NUMBER: 1441791 - 01 CERTIFICATE EXPIRES: 1 -1-02 r- CITY OF NEWPORT BEACH ATTN SHANA 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the p 3ccy period indicated. This policy is not subject to cancellation by the Fund except uporMn days' advance written notice to the employer. 30 We will also give you)MN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT H2O65 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/01/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 05/02/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER I- LOUIS T GABRIEL III DBA L T G CONSTRUCTION 28241 CROWN VALLEY PKWY LAGUNA NIGUEL CA 92677 STATE COMpSNSATION INSURANCE FUND NOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12 01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME vial ; v , • • :_ • � ENDORSEMENT AGREEMENT ANN7HING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL AFTER 'A-RITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED Iti THE `LAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORT ERS' COMPENSATION INSURANCE. SPECIMEN NOTHING IN THIS ENDORSEMENT CONTAINED SHALL Be HELD TO VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS. OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED, NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER. WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMI- TATIONS OF THIS ENDORSEMENT. 2065 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: Of AUTHORIZED REPRESENTATIVE PRESIDENT STATE COMPENSATION INSURANC! FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12'01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME WAIVER OF SUBROGATION ENDORSEMENT AGREEMENT • ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 3 %. SPECIMEN NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER. WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMI- TATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: 2570 x.. � AUTHORIZED REPRESENTATIVE PRESIDENT PR1of1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 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. 3391 in accord with the Plans and Special Provisions, and will take in full payment therefore the following lump sum price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Remodel Yacht Basin Garages F +1/�a rs�✓vc� ll c� 144,f,1, g -)1/�rvw,1 j�L{ ��' Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS -/ la -1 e " ti�% r-i)J � Dollars and el z Cents y -1g-0i Date Bidder's Telephone and Fax Numbers -) (-, -T 3G 3- Bidder's License No(s). and Classification(s) $ f7 J Total Price (Figures) L 7—C Bidder �1 7 7,�,...Y Ilyder's Authorized Signature and Title ,9 0yl C"-owl VA Uty �3 Bidder's Address nn W l ✓ Last saved by srooks03 12712001 4:52 PM f: \usem\pbv %shared \contracts\masters\rnaster formal contracl.doc 1 1 1 1 2 2 2 2 2 2 2 2 3 K 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 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 -3.2 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 THE 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 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 1 1 1 1 2 2 2 2 2 2 2 2 3 K 3 3 3 3 4 4 4 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.2 Storage of Equipment and Materials in Public Streets 4 7 -10.4 Public Safety 4 7- 10.4.1 Safety Orders 4 7 -15 CONTRACTOR LICENSES 4 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 4 SECTION 9 MEASUREMENT AND PAYMENT 5 9 -3 PAYMENT 5 9 -3.1 General 5 Last saved by mlocey03 /27/2001 4:55 PM f \users \pbw\ shared \contracts \masters \masters for contract set *master specs index.doc SP 1 OF 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA YACHT BASIN OFFICE REMODEL CONTRACT NO. 3391 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (B- 5171 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) the 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 at the Contractor's expense." 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of obtaining a building permit and remodeling a garage building into offices at the City of Newport Beach's Balboa Yacht Basin, 829 Harbor Island Drive. The plans are permit -ready for construction. The permit will be issued to the Contractor free of charge." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with: 0 SP2OF5 "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 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. This Section only applies to work in excess of the estimated quantities shown in the Proposal." 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 SP3OF5 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, "The Contractor shall submit a construction schedule to the Engineer for approval at least 5 working days prior to the desired day for starting work. The schedule may be either bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. No work shall begin until the schedule has been approved by the Engineer. The term "work" as used herein shall include obtaining building permits; mobilization, demolition, construction, disposal, demobilization, etc." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section, "The Contractor shall complete all work under this contract within 50 consecutive working days from the date of award of contract. The Contractor shall ensure the availability of all material prior to the start of construction. Unavailability of material shall not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Thursday and 8:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than 4:30 p.m. on weekdays (3:30 p.m. on Fridays) or between 8:00 a.m. and 6:00 p.m. on Saturdays, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. SP4O1`5 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power, and Water. Replace this section with "The Contractor may use Yacht Basin water and power free of charge. The Contractor shall be responsible for maintaining water and power at the site until completion of work." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into catch basins or the bay." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add "The Contractor's equipment and materials shall be stored only within the area designated 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 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 Building Contractor B License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide the "As- Built" correction drawings to the Engineer. The correction drawings shall be verified by the Engineer prior to final payment or release of bonds. SECTION 9 - -- MEASUREMENT AND PAYMENT SP50F5 9 -3.1 General. Revise paragraph two to read, "The lump sum bid price for work 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 therefor." April 24, 2001 CITY COUNCIL AGENDA ITEM NO. 12 i TU TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA YACHT BASIN OFFICE REMODEL - CONTRACT NO. 3391 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3391 to LTG Construction for the Total Bid Price of $42,725, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $4,275 to cover the cost of unforeseen work. 4. Approve a budget amendment appropriating $17,000 from the Tidelands Fund into Account No. 7231- C2370574. DISCUSSION: At 11:00 A.M on April 13, 2001, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low LTG Construction $42,725.00 2 AJ Construction Enterprises 58,888.00 3 Meridian Pacific Construction 61,000.00 4 Lacy Construction 68,434.00 The low total bid amount is 5 percent below the Engineer's Estimate of $45,000. The low bidder, LTG Construction, possesses a General Building B contractor's license as required by the project specifications. LTG has satisfactorily completed similar remodeling projects for the City. This project provides for remodeling 3 of the 44 storage garages at Balboa Yacht Basin into a 600 - square foot office. The office will then be leased to Heritage Yacht • 6 Subject: Balboa Yacht Basin Office Remodel — Contract No. 3391 April 24, 2001 Page: 2 Brokerage (HYB). HYB will vacate its present yacht basin office space to provide office space for personnel of the newly- formed Harbor Resources Department. This rearrangement will permit a yacht brokerage to remain at Balboa Yacht Basin, as has been the case for at least 40 years. Funds to award the contract and provide for unforeseen work are available in the following account: Description Balboa Yacht Basin Improvements Tidelands Fund Unappropriated Balance Account No. Amount 7231- C2370574 $30,000 $17,000 The contract specifies that work shall be completed within 50 consecutive working days. Liquidated damages are $250 per calendar day. Respectfully submitted, Tublic Works Department Don Webb, Director By: G�U Lloyd Dalton, P.E. Design Engineer Attachment: Bid Summary Harbor esources Department Tony Melum, Division Manager 2 U a W m O M 3 W Z LL O r Z W S a a W 0 Y O 3 U w J LG m a s a ri E w � F o Li m � v 2 U C m y L _- A 0 0 0 _in p W Y L U U Q = M U .-I V 4P Y V � J O J m mm oV So y p 9 rO1i a M K J U Y � w a F) z m Z W N z caQW J � Z n Z 0 Q OU W d 0 v m m a F u' O LL Q f E N 0 m O. N C O i °w m L 3 e Wty of Newport Beach is BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Account Increase Revenue Estimates X Increase Expenditure Appropriations AND Account Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 043 AMOUNT: 517,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations in the Tidelands Fund for a remodel at the Balboa Yacht Basin to maintain a yacht brokerage firm. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPEND/TUREAPPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Description Fund Balance Description Description 7231 Tidelands - Capital C2370574 Balboa Yacht Basin Facilities Improvement Amount Debit Credit $17,000.00 ' Autor tic $17,000.00 e f nistrative a es Di ctor Date City Manager '#e City Council Approval: City Clerk Date ey of Newport Beach BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX I from unappropriated fund balance EXPLANATION: NO. BA- 045 AMOUNT: En,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: r�• r To increase expenditure appropriations in the Tidelands Fund for a remodel at the Balboa Yacht Basin to maintain a yacht brokerage firm. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ES TIMA TES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS ,' 3603) Description Fund Balance Description Amount Debit Credit $17,000.00 ' Description Division Number 7231 Tidelands - Capital Account Number C2370574 Balboa Yacht Basin Facilities Improvement $17,000.00 Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: �10 Financial Approval: Administrative Services Director to Signed: Administrative Approval: City Manager D Signed: C. tCouncilAppro ityfleck ` � � Date 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 21, 2001 Meridian Pacific Construction 3403 Calle Sin Rival San Clemente, CA 92673 -3821 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Yacht Basin Office Remodel Project (Contract No. 3391) 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 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 21, 2001 Lacy Construction P.O. Box 892 Yorba Linda, CA 92686 -0892 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Yacht Basin Office Remodel Project (Contract No. 3391) 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 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 21, 2001 A.J. Construction Enterprises 856 N. Elm Street, Suite C Orange, CA 92867 -7911 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Yacht Basin Office Remodel Project (Contract No. 3391) 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