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HomeMy WebLinkAbout18 - On -Call M/RSA for Balboa Island Wooden Bench Maintenance & Refurbishment ServicesQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report January 28, 2020 Agenda Item No. 18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kyle Brodowski, Equipment Maintenance Superintendent, kbrodowski@newportbeachca.gov PHONE: 949-718-3464 TITLE: Approval and Award of On -Call Maintenance and Repair Services Agreement with RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance & Refurbishment Services ABSTRACT: The City currently utilizes contractors for the maintenance and repair of the existing 109 wood benches, as well as 26 wood framed trash cans on Balboa Island. All of these wood benches, (56 Teak wood benches and 53 Jatoba wood benches) were donated to the City over the past 24 years. In order to meet community requests and expectations, the benches need to be refinished at minimum once per year. Staff has now received formal bids to perform ongoing maintenance and refurbishment of the wood benches and trash cans on Balboa Island and requests City Council's approval to award a two-year, maintenance and repair contract to RAMCO General Engineering Contractors. Given the high cost to maintain these wood benches and trash cans, staff also seeks direction on the long-term maintenance level and refurbishment plan for these items. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a two year on-call maintenance and repair services agreement with Emilio Ramirez dba RAMCO General Engineering Contractors for a not -to -exceed contract amount of $691,720.00, and authorize the Mayor and City Clerk to execute the agreement; and c) In order to fund the first year of this contract, approve Budget Amendment No. 20-029 transferring appropriations of $88,400.00 from the Balboa Island Enhancements Project in the Capital Improvement Program (CIP) budget account 01201928-980000 and appropriating $213,460.00 in increased expenditures from the General Fund unappropriated fund balance to the Public Works account 0109041-851016; and 18-1 Approval and Award of On -Call Maintenance and Repair Services Agreement with RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance & Refurbishment Services January 28, 2020 Page 2 d) Provide direction on whether the level of maintenance for the existing wood street furniture should be continued and budgeted for in FY 2020-21 and future years or if an alternative course is desired. FUNDING REQUIREMENTS: In order to award this contract and fund the first year of refurbishments, staff proposes to use $44,000 currently budgeted within the FY 2019-20 Public Works Department, Facility Maintenance, Building Maintenance and Repair account (0109041-851016) for bench repairs and refurbishments, as well as a one-time transfer of the remaining $88,400 available within the Capital Improvement Program (CIP) Budget (account 01201928- 980000 Balboa Island Enhancements). In addition to these funds, it will be necessary to appropriate an additional $213,460 from the General Fund to cover the funding shortfall. In order to sustain this increased cost to provide maintenance and refurbishment service on the wood benches and trash cans on Balboa Island into year two of this contract, the FY 2020-21 Public Works maintenance and operation budget will need up to an additional $301,860 of General Fund appropriations. DISCUSSION: The City initially installed concrete benches on Balboa Island due to their longevity and low maintenance costs. At the November 7, 1995 Parks, Beaches, and Recreation Commission (PB&R) meeting (Attachment C), the City received a request to donate a concrete bench by the Ibbotson family on Balboa Island. However, the Balboa Island Improvement Association (BIIA) requested a more appealing, nautical aesthetic type of bench and advocated for Teak benches instead of concrete benches be placed on the island. While the Commissioners and the City expressed concerns of high maintenance costs, the BIIA stated (as noted in the meeting minutes) the solid teak benches should last 75 — 100 years and spoke to the durability, cost and maintenance benefits of teak. At the PB&R meeting on January 2, 1996 (Attachment C), the City and Commissioners again expressed concerns on maintenance costs. The PB&R Commission approved the Teak benches on the condition the BIIA would obtain donations for the Teak benches and assume all costs for the maintenance of the benches. Due to the exposure to salt air, sun, and rain, the benches weathered much quicker than anticipated and have required considerably more maintenance than originally expected. Residents and community members often contact the City to have the benches refinished multiple times per year. Additionally, the benches are more susceptible to vehicular damage, splintering, and vandalism. In 2004, Council approved the Marine Avenue Streetscape Improvement Project, which replaced 38 Teak wood benches, with Jatoba wood benches and 25 Jatoba trash cans. Five years later, in 2009 all the benches on Marine Avenue were replaced with Jatoba wood. To date there are 109 donated wood benches on Balboa Island, consisting of 53 Jatoba wood benches and 26 Jatoba wood framed trash cans on Marine Avenue and 56 Teak wood benches throughout the island. 18-2 Approval and Award of On -Call Maintenance and Repair Services Agreement with RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance & Refurbishment Services January 28, 2020 Page 3 On May 9, 2006, Council updated the City's donation policy, B-17. This update clarified the maintenance of future donated items would become the City's responsibility. At that time, the City had a fully functional wood shop with full-time carpenters on staff. The Department Director at that time had requested City staff to take on the maintenance of the benches on Balboa Island. City staff repaired, sanded, cleaned and refinished the benches on an annual basis, and sometimes sooner if requested. At the time, the estimated costs to refinish a bench using City staff was just over $400 per bench. Since then, the City has seen a notable increase in service requests from residents to refinish the benches on a more frequent basis. At Council's direction in 2012, the City revised how some services were provided and reduced its in-house workforce and contracted out for various programs and services. The Carpenter and Wood Shop function of Facilities Maintenance was one of the services eliminated and moved to private contract. In recent years, we have experienced an increase in contracting rates to provide various municipal services including construction trades such as Carpentry and Refinishing. Furthermore, with current competitive bidding requirements, prevailing wage, and insurance and bonding requirements, staff has seen an increase in costs, as well as limited bid responses in some circumstances. Under prior policy direction, in addition to the estimated cost of the bench, the City also collected a fee of $1,000 to cover maintenance costs, which was to cover the anticipated maintenance need for the useful life of the bench. Since the City took on the annual refurbishment of these wood benches on the island (initially with City staff and later with contractors), refurbishment and repair costs have grown well above the original $1,000 per bench for the life of the bench. After extensive review and discussion, the PB&R provided recommended changes to Council Policy B-17 — "Parks, Facilities, and Recreation Program Donations" to the City Council, which included changing which type of benches may be donated. Four sustainable bench options were recommended, with wood benches no longer being one of the options. City Council approved these recommended changes to Council Policy B- 17 at their September 10, 2019 City Council meeting. These changes, however, only applied to new bench donations going forward and did not review or address the high cost of maintaining the current 109 Jatoba and Teak benches and 26 Jatoba trash cans already in existence on Balboa Island. In an effort to maintain the expected level of service for the wood benches and trash cans on Balboa Island, staff advertised and requested formal bids for this service. After two unsuccessful bidding advertisements, on September 26, 2019, the City received one proposal from Emilio Ramirez dba RAMCO General Engineering Contractors ("RAMCO"): 18-3 BIDDER TOTAL BID AMOUNT 1 Emilio Ramirez DBA RAMCO General Engineering Contractors $691,720.00 18-3 Approval and Award of On -Call Maintenance and Repair Services Agreement with RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance & Refurbishment Services January 28, 2020 Page 4 RAMCO possesses both an "A" and "B" Contractor's License, as required by the project specifications. Staff performed a review of references provided for RAMCO on currently awarded contracts that contain similar scopes of services for other municipalities; additionally, RAMCO has also performed recent facility maintenance work throughout the City, including refurbishment of these benches and trash cans, and staff is satisfied with their performance. The bid item for each basic wood bench refurbishment included removing the bench, refurbishing (dis-assembly striping, sanding, re -varnishing, plaque removal/polish, re- assembly), and re -installation. The total bid cost above provides for up to two refurbishments per bench per year; however, staff intends to refurbish each bench once per year, with additional refurbishments only as necessary. Depending on the condition of each bench, refurbishment could also include repairs such as replacing wood slats or other broken item, some milling work, or plaque replacement. This work would be completed at an added cost and the project bid also includes an allowance for a certain amount of said repair work. It should also be noted that even though we need to award a contract for the total amount of the requested bid of $691,720, staff will only expend the amount needed to match the directed service level (e.g. one annual refurbishment for each bench). Based on the bid proposal received from RAMCO, staff estimates the base cost to refurbish each existing wooden bench and trash can once a year for another 10 years would be approximately: Item Annual Number Total Annual Total 10 Year Refinishing of Items Cost Cost Cost Teak Bench $1,150 56 $64,400 $644,000 Jatoba Bench $960 53 $50,880 $508,800 Jatoba Trash Can $750 26 $19,500 $195,000 $125 109 $13,625 $136,250 Plaque Polishing Total $148,405 $1,484,050 As shown in the above table, the costs to maintain and refinish these wood benches and trash cans on the island far exceeds the original maintenance fee of $1,000 that was collected for each of the items at the time of donation. Given that a full refurbishment has not been done in the last two years, the high frequency of citizen requests for additional refinishing, and that some level of maintenance is expected based on past practices and payment of a maintenance fee at the time of donation, staff recommends the City Council award a contract to RAMCO General Engineering Contractors to perform one complete repair and refinish effort on all the existing wood benches and trash cans on Balboa Island. Further, given these high costs to maintain said wood benches and trash cans, staff seeks City Council direction if this level of maintenance should be continued and budgeted for, or if an alternative course should be taken. 18-4 Approval and Award of On -Call Maintenance and Repair Services Agreement with RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance & Refurbishment Services January 28, 2020 Page 5 One last note that should be mentioned as part of staff's recommendation above is that to the best of staff knowledge and records, all originally donated wood benches are still in place and have been repaired/replaced when broken or damaged rather than removed, thus extending their use well beyond their intended, original useful life. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Maintenance & Repair Services Agreement with RAMCO Attachment B — Budget Amendment Attachment C — Meeting minutes of Parks, Beaches and Recreation Commission, November 7, 1995 and January 2, 1996 and Staff Report without Attachments 18-5 ATTACHMENT A ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH EMILIO RAMIREZ DBA RAMCO GENERAL ENGINEERING CONTRACTORS FOR ON-CALL BALBOA ISLAND BENCH AND TRASHCAN REFURBISHMENT THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of February, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EMILIO RAMIREZ, a sole proprietor doing business as ("DBA") RAMCO GENERAL ENGINEERING CONTRACTORS, ("Contractor"), whose address is P.O. Box 920878 Sylmar, CA 91392, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on February 1, 2022, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Six Hundred Ninety One Thousand Seven RAMCO General Engineering Contractors Page 2 18-7 Hundred Twenty Dollars and 00/100 ($691,720.00), without prior written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Emilio Ramirez to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Facilities Maintenance Supervisor or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. RAMCO General Engineering Contractors Page 3 18-8 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 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, RAMCO General Engineering Contractors Page 4 18.9 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement 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. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service RAMCO General Engineering Contractors Page 5 18-10 status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 RAMCO General Engineering Contractors Page 6 18-11 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. PREVAILING WAGES 16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. 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 Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. RAMCO General Engineering Contractors Page 7 18-12 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 19. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 21. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor RAMCO General Engineering Contractors Page 8 18-13 under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: RAMCO General Engineering Contractors Page 9 18-14 Attn: Facilities Maintenance Supervisor Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Emilio Ramirez RAMCO General Engineering Contractors P.O. Box 920878 Sylmar, CA 91392 26. CLAIMS 26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, RAMCO General Engineering Contractors Page 10 18-15 specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. LABOR 28.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 28.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 28.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach RAMCO General Engineering Contractors Page 11 18-16 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] RAMCO General Engineering Contractors Page 12 18-17 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: (2-0 20 CITY OF NEWPORT BEACH, a California municipal corporation Date: By- By- �Oe:Aaron C. Harp k' 1.11.10 Will O'Neil City Attorney Mayor ATTEST: Date: Leilani I. Brown City Clerk CONTRACTOR: EMILIO RAMIREZ, a sole proprietor doing business as ("DBA") RAMCO GENERAL ENGINEERING CONTRACTORS Date: By: Emilio Ramirez Sole Proprietor [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond RAMCO General Engineering Contractors Page 13 18-18 EXHIBIT A SCOPE OF SERVICES City will assess the condition of each bench and trash can. Based on their overall condition, City will make a written request that Contractor perform needed refurbishments. City may request additional refurbishments for benches or trash cans which have been damaged or are in immediate need of refurbishment. Generally, each bench or trash can may get refurbished approximately twice per year. Refurbishments shall be completed in accordance with the following scope of work: • Remove benches and/or trash cans from designated locations. When removing benches, cones shall be placed over the bench brackets. • Only remove one bench at a time from each street end location. • Only remove trashcan slats for refinishing, and leave metal ring in place. • Disassemble bench and save plaque (if existing) or trash can, as needed • Strip all old finish on benches or trash can slats. • Repair or replacement of damaged wood bench shall have replacement pieces milled to original size to match/fit existing bench pieces. Note, in some situations, wood milling and/or wood piece router for lettering activity will be required. • Sand existing finish and apply new stain/varnish. No wood putty, bondo, or other type of glue filler is to be used to repair medium or large cracked or broken pieces. Glue may be allowed with approval by the City for minor wood splits. • Apply new even coat of Minwax Cherrywood Gel Stain finish. • Apply new even coat of Terra Tech Molecular Sealer, or approved equal, according to manufacturer's instructions. • Reassemble finished bench. • Reassemble refinished trashcan slats to original metal ring location. • Reinstall refinished bench to the original location. • Identification plaques shall be cleaned/polished and reinstalled on their original bench location with the new refinished bench. Do not remove plaques unless the board is replaced. • Return refinished trashcans to original location within 14 days of removal. • All finishing materials, finishing supplies, including type 304 stainless steel hardware shall be provided by contractor at his expense. • In the event a bench is not repairable, City shall be notified to purchase a new bench for replacement. • Contractor shall invoice the City on a monthly basis that includes work performed for the preceding month. The invoice shall identify the bench location and identification plaques by the street and general location of the work performed. Contractor shall remove benches and/or trashcans and refinish at Contractor's facility. Benches and/or trashcans are not to be refinished on the street, and cones are to be placed over remaining brackets after removal. RAMCO General Engineering Contractors Page A-1 18-19 Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday. Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Contractor shall be responsible for conditions of the job site, including safety of all persons and property during performance of the work. Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. Contractor Licensin Contractor must possess at least one of the following Contractor Licenses: "C-33," "C-6," "A," or "B" and a valid Business License issued by the City. Locations and Units 1. (53) Jatoba (Brazilian Cherry) Wood Benches on Balboa Island, with plaques. RAMCO General Engineering Contractors Page A-2 18-20 2. (56) Teak Benches on Balboa Island, with plaques. 3. (26) Jatoba Trashcans on Balboa Island. Plaque Specifications: Teak Bench Plaque — Typical plaque shall be 118" thick brass, with brushed finish, with semi -gloss protective finish as provided by America's Instant Signs (or City approved equal . • Text is recessed and paint filled with black — no border • Plaque shall include double -sided tape on the back for installation • Plaque shall be made from lead-free, high quality brass alloy RAMCO General Engineering Contractors Page A-3 18-21 Jatoba Bench Plaque — Typical plaque shall be 5116" thick cast bronze, 5.875" width x 1.875" height with a semi- gloss protective finish as provided by America's Instant Signs (or City approved equal). • Pebble background to be recessed and painted brown. • Raised border and text • Double -sided tape on the back for installation I ea. 5.5'h x 14.25'6vx 5/16' thick cast bronze plaque with retested leatherette background painted brawn. Rai3ed fetters and border, �� IG1.r li. •r¢v l+o •.., �zm �r6�e..,�ucrn • 989 09.16, 16 .,,. 1034372 17141693.2 SicNSr� 714j 69 292S ame¢raslrvra V9nemm - - Jim Auger City a/Newport Beach m' �W❑a Example: typical Jatoba Bench Plaque diagram/order Description of Billing Rates: Item No. 1: Jatoba Bench Refurbishment (53 units) Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to remove existing Jatoba benches, disassemble, perform any needed repair work, sand, refinish, reassemble with new hardware, and reinstall to the original location. Item No. 2: Teak Bench Refurbishment (56 units) Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to remove existing Teak benches, disassemble, perform any needed repair work, sand, refinish, reassemble with new hardware, and reinstall to the original location. Item No. 3: Jatoba Trash Can Refurbishment (26 units) Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to remove existing Jatoba trashcan, disassemble, perform any needed RAMCO General Engineering Contractors Page A-4 18-22 repair work, sand slats, refinish, reassemble with new hardware, and reinstall to the original location. Item No. 4: Plaque Polishing (109 units) Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to remove existing plaques from each of the bench units, clean and polish the plaque, and reinstall to the original location. Item No. 5: New Plaque Purchase & Installation Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs to purchase and install a new City -approved plaque per the Special Provisions (or a City -approved equivalent). RAMCO General Engineering Contractors Page A-5 18-23 EXHIBIT B SCHEDULE OF BILLING RATES Item Description Unit of Measure Unit Price 1 Jatoba Bench Each $960.00 Refurbishment 2 Teak Bench Each $1,150.00 Refurbishment 3 Jatoba Trashcan Each $750.00 Refurbishment 4 Plaque Polishing Each $125.00 5 New Plaque Purchase & Each $450.00 Installation RAMCO General Engineering Contractors Page B-1 18-24 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented RAMCO General Engineering Contractors Page C-1 18-25 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of RAMCO General Engineering Contractors Page C-2 18-26 insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. RAMCO General Engineering Contractors Page C-3 18-27 G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. RAMCO General Engineering Contractors Page C-4 18.28 EXHIBIT D CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ), lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 RAMCO General Engineering Contractors Page D-1 18.29 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED RAMCO General Engineering Contractors Page D-2 18-30 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) RAMCO General Engineering Contractors Page D-3 18-31 EXHIBIT E CITY OF NEWPORT BEACH BOND NO. FAITHFUL. PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of { ) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 001100 ($25,000.00), 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 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 heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive RAMCO General Engineering Contractors Page E-1 18-32 notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IN Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED RAMCO General Engineering Contractors Page E-2 18-33 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) RAMCO General Engineering Contractors Page E-3 18-34 a�WPORT ATTACHMENT B City of Newport Beach BUDGET AMENDMENT BA#: 20-029 Department: Public Works ONE TIME: OYes ❑No Requestor: Angela Crespi Approvals Prepared by: Walid Hardin ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Date COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase expenditure appropriations from the General Fund unappropriated fund balance and transfer Drom existing budget appropriations appropriations within Public Works to be used toward an on-call maintenance and repair services agreement ❑from additional estimated revenues with Emilio Ramirez dba RAMCO General Engineering Contractors. Drom unappropriated fund balance REVENUES Fund # Org Object Project _ ! 01001099 691012 Description General Fund Interfund Transfr - Transfer In Fund 0 Increase or (Decrease) $ $88,400.00 Subtotal �_—_ -- $88,400.00 EXPENDITURES Fund # Org Object Project ------------------- Description — _ Increase or (Decrease) $ 012 01t 1 980000 15M12 – Misc & Studies - CIP Expenditures For GL I _ ($88,400.00)' j 01299 991010 012 f Interfund Transfers - Transfer Out General Fund t $88,400.00 010 10109041 1851016Facility Maintenance - Maint & Repair Building $301,860.00 { - -------'------..._ -..__..._.__ .. ----------%— _.. ----- --- ----_—.__— -_. --i_.. .------------ -—_._... Subtotal $301,860.00 FUND BALANCE Fund # Object DescriptionIncrease ---- or (Decrease) $ 010 300000 'General Fund - Fund Balance Control ($213.460.00) Subtotal ($213,460.00)' Fund Balance Change Required 18-35 ATTACHMENT C CITY OF NEWPORT BEACH Parks, Beaches &Recreation Commission G • o o a 4:P, s ev November 7, 19.95. Page 2 City Council Chambers 7 p.m. Motionx x x x x x x In response to Commissioner Dem iry regarding maintenance of signs i ar s, Marcy Lomeli explained the Operations Ivislon reconditions and replaces them as on a yearly•basis. The Department would appreciate being notified if there are any,specific signs that need attention. Commissioner, Demmer moved to approve the Park and Tree Division report as submitted. Unanimous. Item #3 - Bench Donation Director Niederhaus reported he received a proposal just prior to the meeting from the Balboa Island Improvement Association requesting that the replacement benches on the Island be teak. The Department's experience with teak benches has.not been good -in that those at Inspiration Point and Rhine Wharf Park have dried out, cracked and splintered. He recommends staff have more time to review their proposal. Chair Vandervort opened the meeting to public testimony. Diana Chandler, 201 Coral Avenue, addressed the Commission on behalf of the Balboa Island'Improvement Association Beautification and"Horticultural Committees. Ms. Chandler stated, the Association is requesting a new style teak bendh to replace the existing -benches. on the island within a 12,month period by private donations. They have received donationsfor4 benches on the condition they are the traditional teak style. If Mr. Ibbotson's donation were "teak, they could order five benches immediately which would be delivered within two weeks. Ms. Chandler reviewed the benefits of teak such -as the aesthetic quality, durability, cost and maintenance. She stated they should last 75-100 years. Ms. Chandler explained that they are proposing the new benches be 6' in length for those at street ends which would accommodate two benches in addition to the donated planters. Eight foot benches are suggested for Marine Avenue where individuals share benches outside the shops. In summary, they are requesting the Commission approve the teak bench as detailed in their report as the new bench for Balboa Island and confirm their order for five benches. Commissioner Glasgow expressed his concern over the durability of teak. Commissioner'Beek agreed and also questioned if all the ( Island residents were informed of the proposed -bench. Ms. Chandler "j explained, that the matter has been discussed and voted upon at the Association's monthly meetings. 18-36 CITY OP NEWPORT BEACH Parks, Beaches & Recreation Commission L November 7, 1995 Page 3 City Council Chambers 7 0. M'. Robert Ibbotson addressed the Commission on behalf of his mother. He stated his mother is now 92 years of age and has been a resident of Balboa Island for 60 years. It is his mother's desire to donate a new concrete bench at Opal Street and South Bay, Front as soon as possible. This site does not have a bench. Motion x Commissioner Demmer moved to approve the Ibbotson donation of r Ayes x x x x x one concrete bench to'be,located at Opal Street and South Bay M Nay x Front. Motion passes. Commissioner Bonner stated he did not support the motion because he opposes the potential of three different types of benches on the island. Chair Vandervort advised that the concept of a new style teak bench for Balboa Island will be addressed at the Commission's next meeting on December 5, 1995. Commissioner Beek recommended that all the residents on the Island be informed about the bench proposal. V. DISCUSSION ITEMS Item #5 - Appeal of Tree Removals in the Harbor View Hills South Homeowners Association Director Niederhaus reported that Clyde McCoy, 1406 Outrigger Drive, withdrew his appeal and agrees with staff's recommendation to remove a Carrot Wood tree in front of ,his home and replace it with a designated street tree. tar Niederhaus reported there is one Carrot Wood tree at 1210- 210Keel Keel' e causing substantial hardscape damage which it will continue t if not removed. Irene Barr, 1210 Ke ive, addressed the Commission. She stated she objects to the new d ' ated replacement tree, a 15 gallon Rhaphiolepis; which she feels shrub and should not replace a mature tree. Marcy Lomeli explained that the Rhaphiclepi . a hybrid with a small tree effect. It is the designated tree, approved by Commission, needed for this appropriate growth space. Director Niederhaus pointed out that homeowners have the opti f paying $100 towards a larger 24" box tree. The tree removal program is at the request of the homeowners association in conjunction with a future hardscape repair program. 0 A Agenda Item No.} - L5 January 2, 1996 To: Parks, Beaches and Recreation Commission From: General Services Director Subject: Balboa Island Benches Recommendation To accept the solid six foot teak benches as the replacement bench for all future bench donations located on the street ends throughout Balboa Island provided that the Balboa Island Improvement Association assumes all future maintenance and replacement requirements. Additionally, that the verbiage and size of the donor plaque conforms to City Council Policy. Discussion Staff received the attached correspondence dated December 11, 1995 from Mr. Lee Sutherland, President of the Balboa Island Improvement Association requesting that all future bench donations located' at street ends surrounding the Island be of solid teak construction. This request is a follow up to the Commission meeting of December 5, 1995 in that the Commission requested additional information including a survey of the Association's members relative to the acceptance of teak benches. The Association held a general membership meeting on December 5, 1995 and a vote was taken in favor of using the teak bench at all street ends. Staff concurs with the Association's current proposal including their offer to donate and maintain the benches. Additionally, staff will coordinate future donations through ,the Commission, assist in the bolting down of the benches, and require that the size and verbiage of the donation plaques meet the requirements as per the attached City Council Policy. The Ibbotson bench, that was approved for donation by the Commission at the November 7, 1995 meeting, is being delivered and slated for installation at the end of Opal Avenue and South Bay Front. Mr. Ibbotson has already paid the vendor for the bench and the plaque with delivery scheduled within the month. Unless the Commission directs staff otherwise, the bench will be placed at Opal Avenue and South Bay Front. It will not hinder future maintenance operations. Very respectfully, David E. Niederhaus DEN1mg1 Attachments CITY OF NEWPORT BERCI Parks, Beaches & Recreation Commission January 2, 1996 �o Page 6 Cit;v Counni 1 Chamherc i n_M Chair Vandervort opened the meeting to public hearing. Anthony Kazelis, 935 Goldenrod, addressed the Commission. 'Mr. Kazelis presented a summary of his arguments to retain the tree. He, feels the tree is a mature and safe tree which .has not caused any utility problems for 36 years. Director Niederhaus reported that staff must grind the sidewalks and complete asphalt repairs every six .months on this heavily used sidewalk due to the continued tree damage. In addition, the main as line for the neighborhood is located under the ficus tree as c irmed by the Utilities Division. Bill Ginte , arbor View Hills Community Association Board Member, addressed th ommission and concurred with Director Niederhaus. He requested the a be removed. Jim Wharton, President o arbor View Hills Community Association, addressed the Commission d reported the Board unanimously } supports the tree removal. Motion x Commissioner Demmer moved to adopt ff's recommendation as Ayes x x x x x x written. Unanimous. Chair Vandervort advised Mr. Kazelis that he ha a option of appealing the Commission's decision to the City Council. Director Nlederhaus explained to Mr. Kazelis that a property o can- pay the difference of, an extra $100 for a 24" box tree or aEproximately $300 towards a 36" box tree. Item #15 - Balboa Island Benches Chair Vandervort opened the meeting to public hearing. Diana Chandler addressed the Commission on behalf of the Balboa Island Improvement Association. They are proposing the solid 6' teak bench as the replacement bench for future donations throughout Balboa Island. The benches will be located on the street ends and the Association will assume the costs of all future, maintenance and replacement requirements. Commissioner Beek inquired as to why there is a need for a designated new bench for the Island. Diana Chandler explained that the purpose is to maintain uniformity and improve the look of the Island. The Board unanimously approved the teak benches for which they have donations to be located on the circumference of the Island. CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission G 4 January 2, 1995 Page 7 Citv Council Chambers 7 P.m. Commissioner Beek pointed out that notifications concerning the proposed new bench were not transmitted to every Island resident. Lee Sutherland, 1401 N. Bay Front, addressed the Commission and explained that a Bench Committee was formed and their recommendation for a teak bench was unanimously approved by the Board of Directors at their December 5 meeting. The meeting was publicized in the Island Bridge. Commissioner Beek stated she is disturbed by the logic behind a designated bench for uniformity in that the benches will be placed on the circumference of the Island and not in the smaller, more visible merchants area on Marine Avenue. She also disagreed with the Association's policy that all donations must be under their restrictions. In addition, she questions the maintenance and durability of teak after viewing the results of those located near other beach areas of the,City. Lee Sutherland explained that the benches would first be placed on the circumference of the Island since this is where the donators desire them. The Balboa Island Improvement Association represents the residents and the Business Association is a different group which represents the merchants on Marine Avenue. Jim lbbotson addressed the Commission and stated he spoke with 28 Island residents who had no knowledge of the proposed bench. He felt the survey taken is not valid. Pat Buderwitz, 221 Sapphire Avenue, addressed the Commission -• and explained the procedures of the Association's Beautification • Committee. 1 There being no further public testimony, Chair Vandervort closed the meeting to public hearing. In response to a question from Commissioner Demmer, Director Niederhaus explained that the benches will become public property of the City and, although the Association is responsible for maintenance, the City assumes liability. Each donation will be approved by the Commission. In response to a question from Commissioner Compton, Director Niederhaus advised that teak benches need to be cleaned and oiled annually to retain the color of the wood. If the benches are not maintained properly, the Association will have to relocate them to private property. 18-40 CITY OF NEWPORT BEACH Parks, Beaches & Recreation Commission January 2, 1996 Page 8 City Council Chambers 7 p.m. Commissioner, Bonner,stated-he supports the Association's desire for a uniform bench, however, he would feel more comfortable if the Association received the -support of at least 70% of the homeowners. Motion x • Commissioner Demmer moved to accept the recommendation of Ayes x x x x staff as written regarding the designation of teak benches for Balboa Nays x x Island. Motion passes. I VI. FUTURE AGENDA ITEMS The Commission determined that the following items will be placed on a future agenda: Flag Poles in Parks, Bob 'Henry Park and Castaways Progress Report, Commission Calendar, Parking in Parks and Status of Peninsula Park. VII. There being no further busine5 , Parks, Beaches and Recreation Commission adjourned at 9:47 P.M. The agenda for this meeting was posted December 5 at 11:45 A.M. outside the City Hall Administration Building. 18-41