HomeMy WebLinkAboutNewport Harbor Construction Company - 1980-11-03WhEN RE611DEV MA.11. T0:. CC7517 .
EXEMPT
CITY -OF HUNTINGTON'BEACH c2 Bic. 1 4 2 8 6 PG 7
Office of the City Clerk
P. 0. Dox 190 NOT 61. COMPLETION
Huntinglbn Beach, Calif. 92648 ..
NOTICE IS HEREBY CIVEN tliat the contract heretofore awarded by the City Council of
the City of III citington Beach, California to 'NEWPORT HARIJOR CONSTRUCTION COMPANY
3471 Via Lido'. Suite 207, Newport Beach, CA.
who was the company thereon for doing the following work to -wit:
construction of the Water Operation building and construction'of street improvements'
.and,seiger.:extension facilities on the following streets; south side of GarfieldAvenue
fr6m' Hunti ngton Street 'to 400' west; ~vest ,side of Hunti ngton Street from Garfield.
Avenue to 350' south, in the City of Hunitfngton Beach, California, Project CC-517.
RECOKOED III OFFICIAL REOOADS
OF ORANGE COUNTY. CALIFORNIA
1 .1112 AM NOV 10 '81.
LEE A. BRUNCH. Coun Recorder
,rhat.said work was completed by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was accepted by the City Council'of the City of Huntington Beach
at a regular meeting thereof held on the 2nd day of November; 1981
That upon said contract the COVENANT MUTUAL INSURANCE COMPANY
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 3rd day of November 19 81.
ty Cie and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orangr.. ) ss:
City of Huntington Beach )
I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-
officio Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded In the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 3rd dray of November , 1981 ,
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Coda
Sec. 6103 and should bo recorded
free of charge.
�%
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
�� CITY. F ��f�a�TINGTON EACH
2000"MAN STREET P. 0. BOX 190 CAL'IFORNIA 92648
Paul E. Cook Public Works Department
Director (714) 536-5431
October 14, 1982
CERTIFIED MAIL
Mr. Arthur J. Clement Jr.
Covenant Mutual Insurance Co.
c/o South Coast Surety General Agency, Inc.
141 So. .Lake Avenue Suite No. 110
Pasadena, California 91101
Subject: Defective Materials, Workmanship & Equip-
ment Bond #011393 (Cecil Mays dba Newport
Harbor Construction)
Dear Mr. Clement:
On November 10, 1981, the City of Huntington Beach, on behalf of
Newport Harbor Construction, filed a Notice of Completion for the
construction work as outlined on Bond No. 011393 (see Exhibit A).
Subsequent to this filing, numerous items requiring corrective action
have come to our attention. In each instance, the items were referred
to Newport Harbor Construction and -in turn resolved. However, several
recent problems, as outlined on the attached letter to Mr. Clint
Scofield (see Exhibit B), have yet to be corrected. In view of this
fact, we are asking that their Defective Materials, Workmanship and
Equipment Bond, which expires on November 10, 1982, be extended until
you are in receipt of a release letter from this e:.partment.
Should you have any questions or concerns regarding the items requir-
ing corrective action or our request for an extension of the bond,
please contact Don Noble of this office at (714) 536-5431.
Very
truly yours,
-__4
&UU..2
Les Evans
City
Engineer
LE:DRN:jy .
Attach.
cc: Mr. Clint Scofield -Newport Harbor Const.
Gail Hutton-H.B. City Attorney
Alicia Wentworth-H.B. City Clerk
Ed Elevatorski-Water Superintendent
Paul Cook -Director of Public Works
Earl Percy -Chief P.W. Inspector
Don Noble -Contract Administrator
o .
JJ CITY OF HUNTINCliON BEACH
INTER -DEPARTMENT COMMUNICATION
11UN11NG1014 BIAC11
Gail Hutton From George Tindall
To City Attorney City Engineer
Subject MECHANICS LIEN (WATER OPERATIONS Date November 4, 1981
BUILDING)
4
i~
Attached for your departmental.action, is a copy of the Mechanics Lien and
Preliminary Notice from Fitz and Blanchard. As indicated on the lien
document, $17,040.93 plus interest is due and payable for work performed under
a contract with Newport Harbor Construction. Newport Harbor Construction has
I completed their contractural agreements with the City, however the 10 percent
retention funds have not been released. Therefore, we are requesting that the
Finance Department: withhold $21,500.00 from these revenues unless this lien is
paid prior to the expiration of retention time limit.
Should your staff have any questions or concerns regarding this matter, please
contact Don Noble of this office at extention 5441.
Thank you.
GT:cw '
At tachment
cc: Alicia Wentworth, City Clerk
Frank B. Arguello, Chief of Administrative Services
Paul Cook, Director of Public Works
Cash Control File 517 "General Correspondence"
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CC-517
C O N T R A C T
THiS:¢ AGREEMENT, made and entered into on the 3rd
day of November , 19 80 , by and between the CITY of
HUNTINGTON BEACH, a municipal corporation, hereinafter referred
to as CITY,. and
NEWPORT HARBOR CONSTRUCTION CO.
hereinafter referred to as CONTRACTOR,
RECITALS:
IMEREAS, in accordance with the provisions of California
Labor Code section 1773, the Director of the Department of In-
dustrial Relations shall determine the general prevailing rate of
wages applicable to the work covered by the contract; copies of
the latest general prevailing wage determinations are on file in
the office of the City Clerk and made a part hereof. The sup-
plementary conditions attached hereto are part of this contract
and incorporated herein; and
The City Council of the City of Huntington Beach, County
of' Orange, State of California, pursuant to statutes in such cases
made and provided, duly and regularly caused a notice to be pub-
lished calling for bids for labor, material, tools and equipment
for the construction of the Water Operation Building and construction of street
improvements and sewer extension facilities on the following streets;.south side
of Garfield Avenue from Huntington Street to 400' west; west side of Huntington
Street from Garfield Avenue to 350' south
in said city of Huntington Beach, California, said work to be con-
structed according to plans, specifications, and special provisions
for same on file in the office of the Director of Public 4lorks and
adopted by the City Council of the City of Huntington Beach on the
2nd day of September , 19 80 , and reference is hereby made
to such plans, specifications, and special provisions and by such
reference incorporated as though set out in full herein; and
The City Council at a regular meeting thereof and at
the time and place appointed therefor received the report of the
results of the bids submitted by the respective bidders for the
construction and completion of the above -mentioned work, and after
careful consideration of all bids submitted to the City Council,
awarded the contract therefor to the contractor therein named at
the prices set forth in his bid, it being the lowest and best bid
-IS A:ahb
l2/21/79 c-1
received by the said City Council,
NOW, THEREFORE, in consideration of the covenants and
agreements herein contained, being done and performed by the
parties hereto, it.is hereby agreed as follows:
1. By my sig.natu`re hereunder as .CONTRACTOR, I certify
that I am aware of the provisions of California Labor Code section
3700 which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance -in accord-
ance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract.
2. CONTRACTOR agrees to receive and accept as full com-
pensation for furnishing all materials and for doing all the work
contemplated and embraced in this agreement, the unit prices
CONTRACTOR submitted in his proposal which was accepted by the City
Council. A copy of said proposal is attached hereto and incor-
porated herein by reference and made a part hereof. CONTRACTOR
further agrees that said payment by CITY shall include all pay-
ments for all loss or damage arising out of the nature of the work
aforesaid, or from the action of the elements, or from any un-
foreseen difficulties or obstructions which may arise or be en-
countered in the prosecution of the work until its acceptance by
CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the
suspension or discontinuance of work and for well and faithfully
completing the work, and the whole thereof, in the manner and ac-
cording to the plans and specifications, and the requirements of
the engineer under them.
3. CITY agrees with said CONTRACTOR to employ, and does
hereby employ, the said CONTRACTOR to provide the materials and to
do the work according to.the terms and conditions herein contained
and referred to, for the prices aforesaid, and hereby contr- ctr:, to
pay the same at the time, in the manner and upon the conditions set
forth in the special provisions and the said parties for them-
selves, their heirs, executors, administrators, successors and as-
signs, do hereby agree to the full performance of the covenants
herein.. contained for, the contract bid amount of $651_2440.00
Six Hundred Fifty One Thousa d
which amount is subject to adjustment upward or downWar�d dependent
upon in -place quantity where applicable.
4. It is further expressly agreed by and between the
parties hereto that should there be any conflict between the terms
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of this instrument and the bid or
this instrument shall control and
as an acceptance of the said terms
herewith.
proposal of said CONTRACTOR, then
nothing herein shall be considered
of said,,proposal conflicting
5. Bid .Bond. CONTRACTOR further agrees that his pro-
posal shall be accompanied by a bidder's security in an amount
equal to 10 percent of his bid in accordance with California
Government Code sections 37931 et seq.
+l�l,;
6. Bonds. ' The bond or bonds.,.required , to 1 be "'P.urnished
to CITY under this contract covering CONTRACTOR' faithfuY..,per--
f ormance, the cost of labor and materials expended, and'. CONTRACTOR'S
one --year. warranty must be furnished 'to and. -accepted .by CITY".prior
to commencement of any w6rk hereunder... All bands must he in-., the
amount stated in the special provisions incorporated herein, ---and in
such form as is acceptable to the City Attorney,
7. Warranty. All work performed .in accordance -,with
these plans, standard specifications, and special provis�•ons in-
cluding, but not limited to, workmanship, installation-;' fabrica-
tions, material and structural, mechanical, or electrical facili-
ties shall be warranted for a period of one year commencing with
the filing of the notice of completion and acceptance of the con-'
tract by CITY unless specific areas are to be rrarran,%ed longer as
provided in special provisions.
Security for such warranty may be provided as part
of the faithful performance bond or by a separate bond and shall
be 'in the full amount 'of the performance bond. Release of the
performance bond shall not release the warranty portion of the
bond or the separate warranty bond.
CONTRACTOR, within ten (10) days aft 7r notification
of a defect warranted hereunder, will either make appropriate re-
pairs, replace the defective item or items or show Y—nnable
cause ac to reason for his delay, and refusal or fas_ n com-
ply will cause CITY to file claim against the bond.
8. California Fair Employment- Practice Act. conrRACTOR
agrees to utilize fair employment practices in accordance with
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