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HomeMy WebLinkAboutC-2427 - Balboa Pier Handrailing Repairi CITY OF NEWPORT BEACH October 24, 1985 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Anchor Marine Co. 34671 Puerto Place Dana Point, CA (714) 644 -3005 Subject: Surety: Industrial Indemnity Company Bonds No.: YS859 -7504 Contract No.: C -2427 Project: Balboa Pier Bandrailing Repair The City Council on September 23, 1985 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded by the Orange County Recorder on October 1, 1985, Reference No. 85- 375165: Please notify your surety company that the bonds may be released 35 days after this date. Si erely, rene Butler Assistant City Clerk IB:pm cc: Public Works j 3300 Newport Boulevard, Newport Beach PLEASE RETU N TO: City CleikIZ City of Newport Beach "' 1:`"& elm 3300 Newport Blvd.r EXEMPT Newport Beach, CA 92663 -3884 se.«mrcoa.e+DO C2 NOTICE OF COMPLETION NO CONISIDERAW PUBLIC WORKS 85-- 375165 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -100 PM OCT 1'85 cows. WORDER I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on September 23, 1985 the Public Works project consisting of Balboa Pier Handrailing Repair C -2427 on which Anchor Marine Co., 31 was the contractor, and Indust was the surety, was completed. CITY OF NEWPORT Public Works VERIFICATION 1,- I, the undersigned, say: \ ' I am the Public Works Director of the City of Newport Beach; 1 Notice of Completion is true of my own knowledge. cigre . r;cf!Gp� \. C_ OCT211985� Rf CITY' Ft�F® I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26 1995 at Newport Beach, California. ,42,U Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on September 23, 1985 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26, 1985 at Newport Beach, California. /PITT _/./Li 0 i. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 September 27, 1985 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of Balboa Pier Handrailing Repair, Contract No. 2427 on which Anchor Marine Co. was the Contractor and Industrial Indemnity Company was the Surety. eesa�zacord. aad<< 9t us. Sincerely, 1&04f- Wanda E. Raggio City Clerk WER :pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach 9 0 September 23, 1985 CITY COUNCIL AGENDA ITEM NO. F -15 •T0: CITY COUNCIL BY THE CITY COUNCIL FROM: Public Works Department CITY OF NEWPORT BEACH SUBJECT: ACCEPTANCE OF BALBOA PIER HANDRAIL REPAIR (C -2427) SEP 23 i965 RECOMMENDATIONS: �Yyf�D 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the sslty.. &lerj�,,tQ.,elease the;_,lanads 3s. :days -afLe = Notjce offs GoW:a izn,: bas, been €44 DISCUSSION: The contract for the repair been completed to the satisfaction of The bid price was Amount of unit price items Amount of change order Total Contract Cost of the handrailing at the Balboa Pier has the Public Works Department. $64,024.00 constructed $74,396.05 6,101.34 $80,497.39 Funds were budgeted in the Tide and Submerged Lands Fund, Account No. 23- 4197 -007. The increase in the amount of unit price items constructed was due primarily to replacement of approximately one -third more curb and two and a half times more rail post bases than had been anticipated. Two Change Orders were issued. The first in the amount of $5,736.24, provided for replacement of the benches around the outer portion of the pier. The second, in the amount of $365.10, provided for replacement of condulets and covers in the electrical conduit serving the end of the pier. The contractor is Anchor Marine of Dana Point, California. The contract date of completion was May 15, 1985. The contractor's • joint sealing operation was delayed by damp weather. All work was completed by 7, 1985 Ju . . a gl, Benjamin B. Nolan Public Works Director GPD:jd TO: FROM: DATE: SUBJECT: CITY OF NEWPORT BEACH FINANCE DIRECTOR Public Works CITY CLERK February 19, 1985 Contract No. C -2427 OFFICE OF THE CITY CLERK 47141640 -2251 Description of Contract Balboa Pier BandrallinQ Repair Effective date of Contract February 19, 1985 Authorized by Minute Action, approved on January 28, 1985 Contract with Anchor Marine Co. Address 34671 Puerto Place Dana Point, CA Amount of Contract $64,024.00 Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY CLERK I - NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 15th day of November, 1984, at which time such bids sha13 be opened and read for PIER HANDRAILING RU Title of Project 2427 Contract No. $57,000 Engineer's Estimate v Approved by the City Council this 22nd day of October , 1984. anda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luy at 644 - 3311. Project Manager 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER HANDRAILING REPAIR CONTRACT NO. 2427 PROPOSAI To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instruction to Bidders, has examined the Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2427 in accor- dance with the Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ Fort.y -nine Dollars and No Cents $ 49.00 $ 1,911.00 Each 5. 2 Replace curved railing Each @ Sixty Dollars and No Cents $ 60.00 $ 120.00 Each @ Ten Thousand Dollars and No Cents $ $ 10,000.00 Lump Sum 2. 1 Remove and replace galvanized post & floor flange Each @ Ninety -Six Dollars and No Cents $ 96.00 $ 96.00 Each 3. 36 Remove and repair upper portion of Each galvanized post @ Eighty -eight Dollars and No Cents $ 88.00 $ 3,168.00 Each 4. 39 Remove and replace post base & floor flange Each @ Fort.y -nine Dollars and No Cents $ 49.00 $ 1,911.00 Each 5. 2 Replace curved railing Each @ Sixty Dollars and No Cents $ 60.00 $ 120.00 Each (C -2427) PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 6. 20 Replace railing couplings Each @ Sixteen Dollars and Forty -five Cents $ 16.45 $ 329.00 Each 7. 690 Remove and reconstruct PCC curb Linear Feet @ Twenty -nine Dollars and No Cents $ 29.00 $ 20,010.00 Per Linear Foot 8. Lump Sum Apply coating system to all railings and posts @ Eight Thousand Dollars and No Cents $ 8,000.00 Lump Sum 9. Lump Sum Temporary electrical service @ One Thousand Four Hundred Dollars and No Cents $ 1,400.00 Lump Sum 10. 27,000 Apply sealant to all concrete Square Feet @ No Dollars and Sixty -seven Cents $ .67 $ 18,090.00 Per Square Foot 11. Lump Sum Clean and seal deck joints @ Nine Hundred Dollars and No Cents $ 900.00 Lump,Sum (C -2427) TOTAL PRICE WRITTEN IN WORDS Sixty -four Thousand Twenty Four Dollars and No Cents Anchor Marine Co. Bidder November 15, 1984 Date PR 1.3 $ 64,024.00 S/C. B. Shannep, Partner AutFiorizedSi ature /Title (714) 581 -4510 Bidder's Telephone Number 34671 Puerto Place, Dana Point, CA Bidder's Address 433397 A Contractor's Lic. No. & Classification • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. 433397 A Contr's Lic. No. & Classification Anchor Marine, Co. Bidder h.nnPartner ;;Wz= • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1315 W. 11th 1. #10 R. M. Nannha Long Beach, CA 90813 1915 Kiowa Crest Dr. 2• # 7 J.R.S. Concrete Pumping Diamond Bar CA 91765 3 25823 Los Vegas Avenue IA u Bart's Steel Capistrano Beach, CA 92624 4. 5. 6. 7. 8. 9. 10. 11. 12. Anchor Marine Co. Bidder S /C.B. Shannep, Partner Authorized Agnatu`r7T�itle +� T S 0 FOR ORIGINAL SEE CITY CLERK'S FILE COPY BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, ANCHOR MARINE CO. , as bidder, and INDUSTRIAL INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of money equal to ten percent of the amount of the bid in-- Dollars ($ M----- - - - -), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of RAIRQA PTFR HANDRATITNf REPAIR C -2427 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day of November , 1984. (Attach acknowledgement of Attorney -in -Fact) S /Carolyn G. Price Notary Public Commission expires April 1, 1988 Anchor Marine Co. Bidder S /C. B. Shannep, Partner Authorized S ature /Title INDUSTRIAL INDEMNITY COMPANY Surety By John L. Pottridge Title Attorney -in -Fact \ � \w \ { � - _® � \) \)\ ( LU ■ \ �§ \r\ : !a`$§} _ zz§z7% - o §) / 37 !© NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and this 15th 19 84. Anchor Marine Co. Bidder S /C. B. Shannep, Partner ;iEz Signature /Title sworn to before me day of November ^'` My commission expires: 1 1, 1988 S /Carolyn G. Price Notary Public x, �»• § (\ a \$ \\\\ o 6 }\ -0 _ \ }q . }` \ } }\ \_ \\/ \ / �- \ \,\ {� \ \ \\ \§ ! §2 f \ }} \/ • Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. On File With City Clerk Anchor Marine Co. Bidder S /C. B. Shannep, Partner Authorized S'gnature /Title Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year leted For Whom Performed (Detail) Person to Contact Telephone No. 1970 B. J. Enterprise Ranch, $300,000 E. C. Jerry (714) 661 -1313 1976 Dana Point Shiovard. Dock & Piling $325,000 E. C. Jerry (714) 661 -3131 1982 County of Orange Dredging, Dana Point Harbor $ 50,000 Ralph Maples (714) 834 -3709 1983 Dana Point Shipyard, Paving, Building, Docks $750,000 E. C. Jerry (714) 661 -1313 1984 County of Orange, Repair of Docks $ 27,000 Ralph Maples (714) 834 -3709 SJC. B. Shannep Partner zed 'gnaturelTitle Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of.Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Glu_ide�: Property - Casualty. Coverages shall be provided for all OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. The Premium charged this Bond is $_Jm.J.}td PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That 0 Page 9 BOND NO YS859 -7504 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 28, 1985 has awarded to Anchor Marine Co. hereinafter designated as the "Principal ", a contract for BALBOA PIER HANDRAILING REPAIR (C -2427) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 AN=R MARINE, 00. as Principal, and 00161RAZAQ1 lnl i • r• as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SIXTY -FOUR THOUSAND, Tvzwry -FOUR AMID N01100----- -- - - -- Dol l a rs ( $ 64, 024.00- - - ---- said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon I. I i Payment Bond (Continued) L, Page 10 this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of February 19 8.5 ANCHOR MARINE CO. (Seal) Name of Contractor Principal EAu for gnature and 4itle Authorized Signature and Title P.O. MU1120MMMM oPe .mil • ,,: Seal) =_ 714/645 -1515 Telephone No. of Agent �4 ■ n 0 k a § n , § Q ■ k a ■ U) ( - �� E + ' ? ur \ k( - \(( CD - ) D ( ((�k\ C 2!\�§e E4 » _ o m ! / \ \ \ kCCr 0 ( m \ E} r$ � aK � 22 ID } \ \j m 'D \ \ \{ ! n 0 k a § n , § Q ■ k a ■ ~ The Premium charged this Bond is 5$.__640.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Page 11 8()ND No YS859 -7504 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 28. 1985 has awarded to Anchor Marine, Co. hereinafter designated as the "Principal ", a contract for BALBOA PIER HANDRAILING REPAIR (C -2427) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, ANCHOR MARINE, CO. as Principal, -F01fTqrrT4T_GrmFFuTX,-%1 1 •,•.115.111 as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of .VY y, 1.' 4,. •� �, 1!! ICI • D • 11 1� 1 11 said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con - ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice a w C� J Faithful Performance Bond (Continued) r Page 12 of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of February , 1985 ANCHOR MARINE, CO. (Seal) Name of Contractor (Principal) Authori STgnature and TiCle Authorized Signature and Title INDUSTRIAL IIIDENNITY CaMPANY� =(Seal )- Name of Surety P.O. Box 1685 714/645 -1515 Telephone No. of Agent �$ o c } - .\ $ l } \ } } § \,& \ ; \ � / z zz +! EoJ y \ \\ z3 }} ®. CL 0 0 \ § %�\ } }0m }\ }}o� « \ \ CL o % \ }({§ \ kj2ƒ } \ '\ 0 } ƒ ° & OD } \ 2� \ } . � `�� II�PC IIf �ltIIrTZP �ksss NOME OFFICE -SAN FRANCISCO 3RnOW all men bV these presents: That INDUSTRIAL INDEMNITY COMPANY, a corporation organized ornia, does her maker constitute and appoint f California and having its principal office in the City of San Francisco, ___ — — — — undertakings, stipu- _______ ROBERT E. iIARRIS -- ---- Provided ---------- ---- - -- - lace and stead to execute on its behalf as surety, bonds, its true and lawful attorney -in -fact for it and in its name, p lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations In favor —all obligees, -- p - - - -- that the liability of the Company as surety under his authority iUNIoIMITED- instance shall exceed the sum of------- - - - - -- I ------------- ---- - -- - - -- the Board of Directors of and reserving to itself full power of substitution and revocation. reading a!, follows: INDUSTRIAL INDEMNITY COMPANY at a m executed in eting held on lent the r 27th cu with he Vice Resolution 1972 dented y be and he hereby is authorized to execute, acknowledge ,,RESOLVED, that the Chairman or an Assistant rSecretary of this Company, be a President or Senior Vie President to the company, in conjunction or verify Powers of he Secretary qualifying consents and all contracts of suretyship, and to attach the corporate Attorney selected attorneys -in -fact to act under such Powers of Attorney to execute on behal o undertakings, stipulations, litho - Industrial Indemnity Company bonds, printed facsimile, at the seal thereto; FURTHER, person who shall have been such officer of this Company "RESOLVED, that the signatures of said officers so authorized by this Company may e graphed or otherwise produced, and that the facsimile signature of any p time graphed such execution, acknowledgment or verification may continue to be used for the purpose herwhen such stated and will e binding such this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." 31St day of March , 19 77 In witness whereof, INDUSTRIAL INDEMNITY ccoOCal -fern h th caused these presents to be signed and its corporate seal to e affixed by its proper officers, at the City of San INDUSTRIAL INDEMNITY COMPANY I Attest: By c.c'secsn.es J lante G. i / Secretary . °i Sen' Vice President Gillespie ?, ,Aq..S.p•t,l. STATE OF CALIFORNIA ss. NCISGO CITY AND COUNTY OF SAN FRA Mary Mueller March , 19 77 , before me, On this 31St day of personally appeared and Roxani M. Gillespie Secretary of the corporation a notary public in and for the City . aLaPlante f San Francisco, State of California, p knownto metobethe SeniOY Vice President and and that the resolution of the resolution duly passed at a meeting of the Board of Directors which executed the within instrument, and acknowledged to me that such corporation executed t e sa referred to in the preceding instrument is a true and correct copy year in this certificate first above written. on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the da n Y Y.Y. t1UELLER tl■ YttYttjpp °YYtt�ttt� ^sen,et,nstY 7 p „CRY LER � e . NOTA:1 .tnlot >w ,aAlusc� !74 7i , M� Commusu^ San Franco, State of YYY.Y .WYY. � NtYYWttYYY Secretary of INDUSTRIAL INDEMNITY COMPANY, I L. E.. Mulr3!� do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals on ,tac in the principal office of said Company, and that the but is off icertatranscripts daffi d therseal of INDUSTRIAL whole INDEMNITY originals, and that said Power of Attorney has not been revoked nameu sls still in full force and effect. 19 85 . In witness whereof, I have hereunto subscribed my F bTUgrlr ia, this 8th : ,MPANY at the City of San Francisco, Californ C SE kI 1Y041 R7110/721 day of e Secretary L. E. Mulryan, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED • CERTIFICATE OF INSURANCE Company A Letter Company B Letter Company C Letter Company D Letter Company E Letter • Page 13 HOME INSURANCE COMPANY INSURANCE COWANY TEDRICK /NIGBEE INSURANCE SERVICE \ Insurance -All Forms 94501 1 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. "CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. TEDRICSC- HI (BEE INSURANCE SERVICE Date ssued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Project Title and Contract Number This certificate or verification of insurance is not an insurance policy ana noes not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 3 81 Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro ucts- •LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form Bodily Injury $ $ A x Premises - Operations x Explosion & Collapse Hazard 0TP_ 8/1/87 Property Damage $ $ x Underground Hazard 309290 x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ 500, $ 500, x Broad Form Property Damage X Independent Contractors X Personal Injury Marine Personal Injury $ Aviation 500, AUTOMOTIVE LIABILITY Q Comprehensive Form Bodily Injury (Each Person $ B Owned #BAP- 8/1/85 $ Bodily Injury (Each Occurrence []x Hired 400669 Pro ert Da ma e Non -owned Bo r y Injury and Property Damage Combined $500, EXCESS LIABILITY [] Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION . Statutory ac Accident) and EMPLOYER'S LIABILITY NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. "CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the- Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. TEDRICSC- HI (BEE INSURANCE SERVICE Date ssued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Project Title and Contract Number This certificate or verification of insurance is not an insurance policy ana noes not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 3 81 L � ! • CITY OF NEWPORT BEACH E AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 14 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (x) Single Limit Bodily Injury Liability $500,000. each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: BALBOA PIER HANDRAILING REPAIR (C -2427) Project Title and Contract No.). This endorsement is effective 8/1/84 at 12:01 A.M. and forms a part of Policy No. BAP 400669 Named Insured Anchor Marine, DBA- Dana Point Shipyard —Endorsement No. Name of Insurance Company SEDUDrA 1NS1mANCE m-_ BY DUAL J. EE c Authorized Represe tative r , 0 CITY OF NEWPORT BEACH 0 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT Page 15 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or' Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability 6C� Single Limit $ each occurrence $ each occurrence Bodily Injury Liability $ 500,000, each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: BALBOA PIER HANDRAILING REPAIR (C2427) Project Title and Contract No. This endorsement is effective 8/1/84 at 12:01 A.M. and forms a part of Policy No. MP 309390 Named Insured Anchor Marine, DBA: Dana Point Shipyard Endorsement No. 2 '�J a Name of Insurance Company HOME INSURANCE CO. By Authorized Representati i . Page 16 CONTRACT THIS AGREEMENT, entered into this day of ��• 19 a , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and hereinafter "Contractor, "is made with referenc t o g facts: (a) City has heretofore advertised for bids for the following described public work: t c Con r � No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: e G-242T ontract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of f #J►' Yh 1Lla�Y Four D0111t"s tad a ($ is compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) Page 17 (f) Plans and Special Provisions for i e oj c Contrac No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CIT M ATTEST: CITY By Its CONTRACTOR i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR BALBOA PIER HANDRAILING REPAIR CONTRACT NO. 2427 SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . 1 IV. WATER . . . . . . . . . . . . . . . . . . . . 1 V. ACCESS . . . . . . . . . . . . . . . . . . . 2 VI. ELECTRIAL SERVICE . . . . . . . . . . . . . . 2 VII. CONSTRUCTION DETAILS . . . . . . . . . . . . 2 A. Vehicle Weight Limits . . . . . . . . . . 2 B. Curb and Deck Repair . . . . . . . . . . 2 C. Galvanizing . . . . . . . . . . . . . . . 2 D. Railing -Post Coating System . . . . . . . 3 E. Railing -Post Materials . . . . . . . . . 3 F. Deck Joint Sealant . . . . . . . . . . . 3 G. Concrete Sealant . . . . . . . . . . . . 3 & 4 H. General . . . . . . . . . . . . . . . . . 4 VIII. HARBOR WORKERS' AND LONGSHOREMEN'S INSURANCE. 4 0 I. SCOPE OF WORK 0 SP of CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA PIER HANDRAILING REPAIR CONTRACT NO. 2427 The work to be done under this contract consists of replacing handrail posts, reconstructing P.C.C. railing base and recoating all handrails and posts to inhibit corrosion. All work necessary for the completion of these improvements shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. M- 5234 -S), (3) the City's Standar Special Provisions and Standrad Drawings for Public Works Construction 1982 Edition), and 4 the Standard Specifications for Public Works Construction (1982 Edition), inc uding the ]'983 supplement. Copies of the City's Standard Special Provisions and Standard Drawings may be pur- chased at the Public Works Department for Five Dollars ($5). 1I. TIME OF COMPLETION The Contractor shall complete all field work on this contract within forty -five (45) consecutive calendar days, but no later than March 15, 1985. No work shall begin until a schedule of work has been approved by the Engineer. 11tNIZZIrtatill The unit price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no addi- tional allowance will be made therefor. Payment for all items of work not separately provided for in the proposal shall be included in the prices bid for other items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402.5. IV. WATER The Contractor shall make provisions for obtaining and applying water necessary to perform his work. If the Contractor elects to use City water free of charge, it shall be his responsibility to make arrange- ments by contacting the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 644 -3011. i ACCESS 0 SP2of4 Delivery truck and pedestrian access shall be maintained at all times to Ruby's restaurant at the ocean end of the pier. The Contractor's methods of providing such access through the construction area shall be approved by the Engineer prior to construction. VI. ELECTRICAL SERVICE Electrical service shall be maintained at all times to Ruby's restaurant and to deck lighting on the pier. The Contractor shall submit shop draw- ings showing methods, materials and sequences of operation for temporary and permanent installations of electrical services. Splices shall be made only in pull boxes. VII. CONSTRUCTION DETAILS Vehicle Weioht Limits Vehicles used on the pier shall not exceed a maximum axle load of 10,000 pounds (H -10 loading ). B. Curb and Deck Repair The Contractor shall sawcut to a depth of one inch, avoid cutting re- inforcing bar or galvanized mesh, and chip out the existing fractured curb and deck. The exposed concrete, reinforcing bars and wire mesh shall then be cleaned until all unsatisfactory concrete and other for- eign materials are removed. Any missing or deteriorated galvanized mesh or reinforcing bars shall be replaced and connected to existing reinforcing with a 12 -inch overlap. The Contractor shall remove addi- tional curb and deck necessary to expose undeteriorated galvanized mesh and reinforcing rods for the overlap, with the Engineer's prior approval. The exposed surface of the curb and deck shall be air blasted thoroughly to remove all loose materials, and coated with a bonding agent approved by the Engineer. Curb shall be Class 650 -D -3250 concrete, shaped and finished to match the adjoining curb. Should damage occur to the sawcut edge during or after removal, the damaged edge shall be removed further by additional sawcutting and replaced at no additional cost to the City. The Contractor shall remove or grind flush with the surface of the deck any abandoned pipes found in the deck area. Any holes in the deck that are not drain holes will be filled flush with the pavement surface with Class E mortar or quick setting grout, approved by the Engineer prior to the application of concrete sealant. C. Galvanizing All replacement posts and railings shall be galvanized using the hot dip process. All damaged zinc coatings of new posts, railings and exposed attachments shall be repaired per Section 210 -3.5 of the Standard Specifications in strict accordance with the coating manu- facturer's printed instructions. u F. • SP3of4 Railing -Post Coating System After railing and post replacement has been completed, all railings and posts on Balboa Pier shall be prepared and coated with wash primer and aliphatic polyurethane enamel. Preparation shall include spot rust removal, cleaning, and spot priming of all railings and posts in strict accordance with the enamel manufacturer's printed instructions. One coat of wash primer shall be applied to all posts and railings in strict accordance with the primer manufacturer's printed instructions. The enamel shall then be spray applied in two 21-mil dry film thick- ness coatings in strict accordance with the enamel manufacturer's printed instructions. Wash primer shall be compatible with the Contractor's selection of enamel, such as Rust - Oleum's 1573 Rust - Inhibitive Primer; Sherwin Williams' P60 G2 Wash Primer Green; or Advanced Coatings and Chemi- cals' All Metal Wash Primer. Enamel shall be Rust -O -Thane 9400 distributed by Rust - Oleum, 16644 Johnson Drive, City of Industry, CA 91744, (213) 961 -0584; Polane distributed by Sherwin- Williams Co., 2941 -A Worth Hesperian, Santa Ana, CA 92706, (714) 547 -3366; or Urafilm distributed by Advanced Coatings and Chemicals, 4343 Temple City Boulevard, Temple City, CA 91780, (213) 579 -6270. Color shall be selected by the Engineer from color samples submitted by the Contractor. Railing -Post Materials All replacement railings and posts shall be. constructed from extra heavy (0.218 Wall thickness) sections of pipe conforming with Sec- tion 206 -5 of the Standard Specifications. Contractor shall submit shop drawings for the Engineer's approval prior to fabrication. Deck Joint Sealant Sealant shall be Hot - Poured Rubber- Asphalt Joint Sealant conforming to the requirements of ASTM 0 1190 and applied in strict accordance with the manufacturer's printed instructions. All joints with sealant not flush with the adjacent pavement sur- faces shall be sandblasted and washed to remove all foreign material and debris. The immediate area around each joint shall be scraped, sandblasted and washed to remove any previous spillage of joint sealer. For those joints with no sealant remaining in the joint, a backer rod shall be compressed into the clean joint to a position such that the top is lz inches below the level of the finished surface. The joints shall be filled flush with the adjacent pavement surface. Sealant need not be applied to vertical surfaces of concrete curbs. Concrete Sealant All exposed areas of pier concrete curbs and decking shall be pre- pared and sealed with a clear, penetrating waterproofing sealant. Preparation shall include sandblasting to clean unstained concrete and washing in strict accordance with the sealant manufacturer's SP4of4 printed instruction. The sealant shall then be applied prior to use of the prepared concrete by the public. The sealant shall be applied full strength at the rate of 1 gallon per 200 square feet of prepared concrete in strict accordance with the sealant manufac- turer's printed instructions. Sealant shall be Creto distributed by United Creto Company, 215 Riverside Drive, Newport Beach, CA (714) 640 -1530; Ashford Formula distributed by Martech Associates, 19836 Vintage Street, Chatsworth, CA (213) 993 -1163; or Synnakk S-101 as as distributed by ATACS, Inc., 2732 Hilltop Drive, Newport Beach, CA, (714) 759 -1773. H. General Contractor shall verify all dimensions in the field prior to fabrica- tion. The Contractor shall remove, secure and replace, where necessary, any concrete benches, trash containers or sinks in the construction area. The Contractor shall take necessary precautions to prevent any sealant, concrete, steel, primer, or paint from falling into or being disposed of into the ocean. VIII. HARBOR WORKERS' AND LONGSHOREMEN'S INSURANCE In providing insurance for this project, the Contractor must provide proof of compliance with the United States Longshoremen and Harbor Workers' Act, which provides benefits greater than the standard State Workers' Compen- sation benefits. O 3 c+ a n h N) N A N •J 3 C') 3 0 3 w Z 3 m m 1 na O,-. V. o S w 0 3 3 O 7 Z .•. J. fD £ S =:I w N O J. f+ O --1 m £ 3 (+ma w = N3zc•s N J• m v r+ - -s m3' m -a m n -n 0 o (D m °v `m Zr n <3'•�tm p J. N a J• w CD O CD O a < 7 3 O J• J N 3 O N < J. 3 00 m O N 0 0 0 C+ = = 3 Q) m a Ct G O a 3 m m n n m m 'S O m ry O m c+N J - a c o Jr —f 3 Cm a m m 3 3 O- W C) O_ N V m mw0 - — (p O o M w Y 3 N SAN M f+ CD -S S ry z m O 3 w r J N Q ur ur c O -S J, (-r f+ w o n m vi N o c s ry I S i a rledbt nave tAULULLU on oendlT OT Lne 1.1Cy, reLdln,,yQur copy dnu We insurance certificates, and return the remaining copies to this department. Steve Luy, Project Engineer C SJ : ein Att: '' r J _ • • • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: B &WA-fIER ANQ.:HANDRAILING.REPAIR :M 2$27), • January 28, 1985 CITY COUNCIL AGENDA ITEM NO. F -3(d) By THE CITY COUNCIL CITY Of NEWPORT BEACH JAN 2 81985 RECOMMENDATIONS: 1. Rescind the award of Contract No. 2427 to Berman Engineering and direct staff to collect bidder's bond. 2. Award Contract No. 2427 to the second low bidder, Anchor Marine, for the total bid price of $64,024, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on November 15, 1984, the City Clerk opened and .read the following bids for this project: Bidder Total Price B Low Berman Engineering Inc. $ 55,885* 2. Anchor Marine $ 64,024 3. MacWell Co. $ 67,737 4. Gallacher Co. $ 69,460 5. Masscon Inc. $ 98,300 6. Ryco Construction Inc. $138,831 *Corrected total price bid is $50,884.46. The contract was awarded to Berman Engineering on November 26, 1984. However, Berman failed to provide proper insurance and bond documents within ten work days as required by the contract. In addition, he failed to respond to staff's numerous telephone messagees concerning the matter. Therefore, the City Attorney delivered a letter (copy attached) to Berman on January 14, 1985 regarding Berman's noncompliance with the contract. • As of 5:00 p.m. on January 18, 1985, Berman had not submitted the required insurance and bond documents. On January 21, staff contacted the second low bidder, Anchor Marine, who agreed to perform the contract per their bid of November 15. Their bid was 12% above the Engineer's estimate of $57,000. Adequate funds are available in Account No. 23- 4107 -007, Balboa Pier Handrailing Repair, to award this amount. ()S) January 28, 1985 Subject: Balboa Pier and Handrailing Repair (C -2427) • Page 2 Anchor Marine, the second low bidder, has not performed previous contract work for the City. However, a check with their experience references and the State Contractors' License Board has shown that Anchor has successfully completed projects of a similar nature for other Southern California agencies and has no pending actions detrimental to their contractor's license. This project provides for (1) replacing deteriorated handrailing posts and rails, (2) reconstructing broken concrete handrailing bases, (3) sealing all concrete, (4) cleaning and sealing concrete slab joints, and (5) applying a coating system to all rails and posts on .the Balboa pier. The work is needed to restore the structural integrity of the handrailing and to extend the life of the handrailing- concrete deck system. The plans and specifications were prepared Department. The contract requires completion of all 45- consecutive - calendar -day period, but no later than because of the two -month Berman delay, the completio n MAy 15, 1985. 04 �xz Benjam Nolan Public Works Director SL:jd Att. by the Public Works field work within a March 15, 1985; however, date will be extended to CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 January 14, 1985 VIA MESSENGER (714) 644 -3131 Mr. Christopher C. Berman President Berman Engineering, Inc., 2291 So. Grand Ave., Santa Ana, CA 92701 • Re: Contract No. 2427 with the City of Newport Beach Dear Mr. Berman: On November 26, 1984 the City Council of Newport Beach awarded Contract No. 2427 to Berman Engineering, Inc. On November 28, 1984, Steve Luy, Project Engineer, sent you a letter informing you of the award and advising you to execute all contract documents and return them with.in ten days. On December 13, 1984, Mr. Luy advised you by phone that the contract documents had not been received by the City. In apparent response to Mr. Luy's demand, the contract documents were returned to the Public Works Department on or about December 18, 1984. Of those contract documents returned, the Certificate of Insurance /Endorsements and Workers' Compensation Acknowledgement had not been executed. Also, the company issuing the Performance and Materials Bonds is not listed in the.latest revision of Federal Register Circular 570. On December 20, 1984 Mr. Luy, advised you by telephone of the. • problems with the contract documents. On December 26, 1984 and on January 2, 1985 Mr. Luy left messages with your answering service advising that all appropriate documents must be submitted irrmed i ate I y. `3 3300 Newport Boulevard, Newport Beach . January 14, 1985 Page Two Mr. Christopher C. Berman Berman Engineering Inc., • Re: Contract No. 2427 with the City of Newport Beach As of the date of this letter, Mr. Luy has received no response to his requests. As you know, all necessary contract documents are to be fully executed and received by the City within ten days from the date on which the contract is awarded. If the City does not receive all necessary contract documents on or before January 18, 1985, fully executed and conforming to City requirements, staff will advise the City Council of your refusal to enter into the contract and recorrmend the contract be awarded to the next lowest bidder. Very truly yours, ert H Burnham City Attorney CC. Ben Nolan Steve Luy Capitol Bond & Ins. Co. 1900 E LaPolma #113, Anaheim, Ca. Att'n Jane Kepner • f 0 0 (,-)8) November 26, 1984 CITY COUNCIL AGENDA ITEM NO. F -3(d) TO: CITY COUNCIL • FROM: Public Works Department SUBJECT: BALBOA PIER HANDRAILING REPAIR (C -2427) RECOMMENDATIONS: Award Contract No. 2427 to Berman Engineering Inc. for the total bid price of $50,884.46, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on November 15, 1984, the City Clerk opened and read the following bids for this project: Low • 2. 3. 4. 5. 6. *Co Bidder Total Price Bid Berman Engineering Inc. $ 5D,885* Anchor Marine 64,024 MacWell Co. 67,737 Gallacher Co. 69,460 Masscon Inc. 98,300 Ryco Construction Inc. 138,831 rrected total price bid is $50,884.46. The low total price bid is 11% below the Engineer's estimate of $57,000. Adequate funds are available in Account No. 23- 4197 -007, Balboa Pier Handrailing Repair, to award this amount Berman Engineering Inc., the low bidder, has not performed previous con- tract work for the City. However, a check with their experience references and the State Contractors' License Board has shown that Berman has successfully completed projects of a similar nature for other Southern California agencies and has no pend- ing actions detrimental to their contractor's license. This project provides for (1) replacing deteriorated handrailing posts and rails, (2) reconstructing broken concrete handrailing bases, (3) sealing all •concrete, (4) cleaning and sealing concrete slab joints, and (5) applying a coating system to all rails and posts on the Balboa Pier. The work is needed to restore the structural integrity of the handrailing and to extend the life of the handrailing- concrete deck system. The plans and specifications were prepared by the Public Works Department. The contract requires completion of all field work within a 45- consecutive- calendar- da period, but no later than March 15, 1985. Benjamin B. Nolan Public Works Director SL:jd • THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange. I am a citizen of the United States and a resident of the County aloresaid, 1 am over the age of eighteen years, and not a party to or interested in the above -entitled matter. 1 am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly to the city of Newport Beach, County of Orange, and which news- paper has been adiudged a newspaper of general circulation by the Superior Court of the County of Or ange, State of California, under the date of May 14, 1951, CASE NUMBER A 20178 that the notice, of which the annexed is a printed copy fset in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dales to-wit: /% y I certify (or declare) under penalty of periury that the foregoing is true and correct. Dated at Newport beach, California, Ih ay o L 191�;i Signature .Lt THE NEWPORT ENSIGN PROOF OF • G - .2ya7 (3Y) This space is for the County Clerk's Filing Stamp Proof of Publication of A Paste Clipping of Notice SECURELY In This Space loin, :ATION . �t� BY THE CITY COUNCIL CITY OF NEWPORT BEACH OCT 2 21984 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: fdE ;t# AI ING 1OAIR {C� RECOMMENDATIONS: 1. Approve the plans and specifications. 40 (I -3,k) October 22, 1984 CITY COUNCIL AGENDA ITEM NO. F —iq_ 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on November 15, 1984. DISCUSSION: This project provides for (1) replacing deteriorated handrailing • posts and rails, (2) reconstructing broken concrete handrailing bases, (3) sealing all concrete, (4) cleaning and sealing concrete slab joints, and (5) applying a coating system to all rails and posts on the Balboa Pier. The work is needed to restore the structural integrity of the handrailing and to extend the life of the handrailing- concrete deck system. The estimated cost of the work is $57,000. Adequate funds are available in Account No. 23- 4197 -007, Balboa Pier Handrailing Repair, to award this amount. This project was previously advertised in June of this year. How- ever, the sole bid received was rejected since the bid amount greatly exceeded the Engineer's estimate and the bid response was very poor. The plans and specifications were prepared by the Public Works Department. The contract requires completion of all field work within a 45- consecutive - calendar -day period, but no later than March 15, 1985. Benjamin B. Nolan • Public Works Director SJL:jd • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA PIER HANDRAILING REPAIR (C -2427) RECOMMENDATIONS: ( R) June 25, 1984 CITY COUNCIL AGENDA ITEM NO. F -18 BY THE City COUNCIL CITY Of NEWPORT BEACH JUN 2 5 7984 APPROVED 1. Reject the sole bid received for the project. 2. Direct staff to readvertise the contract this fall. 3. Approve carry -over and reappropriation of funds to F.Y. 1984 -85. DISCUSSION: At 11:00 A.M. on June 14, 1984, the City Clerk opened and read the following bid for this project: Bidder Masscon, Inc. Total Price Bid $74,212 The low bid is 30% more than the Engineer's estimate and the F.Y. 83 -84 budget appropriation of $57,200. Staff recommends that the bids be rejected and the project be re- bid for the following reasons: 1. Total available funding is only $57,200 (Acct. No. 23- 4197 -007). 2. Only one bid was received for a project that would ordi- narily attract many more bidders. Staff feels that an un- usually active week of bidding at other agencies contributed to the lack of response. Staff anticipates rebidding the project this fall after the bi- annual pier repair contract has been completed. Benjamin B. Nolan Public Works Director GW:jd Aulhonced to Publish Advertisements of *nos including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Poor¢ Moace �aysnm p cov «�o Dy Inro aMOawl ro all m i pynl Mln 10 0� cowmn MMU I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Notice Inviting Bids CITY OF NEWPORT BEACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one consecutive weeks to wit the issue(s) of 198 4 198_ 198_ 198_ 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 31 198 4 at Costa Mesa, California. Signature PROOF OF PUBLICATION 0 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BOA;= PIER,HAJ"MILIN6:RE RI#t={ 27)a RECOMMENDATIONS: 1. Approve the plans and specifications. (3�) May 29, 1984 CITY COUNCIL AGENDA ITEM NO. "- — < %,' BY THE CITY COUNCIL CITY OF NEWPORT BEACH 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 14, 1984. DISCUSSION: MAY 2 91984 APPROVED This project provides for (1) replacing deteriorated handrailing posts and rails, (2) reconstructing broken concrete handrailing bases, (3) sealing all concrete, (4) cleaning and sealing concrete slab joints, and (5) applying a coating system to all rails and posts on the Balboa Pier. The work is needed to restore the structural integrity of the handrailing and to extend the life of the handrailing- concrete deck system. The estimated cost of the work is $57,000. Adequate funds are available in Account No. 23- 4197 -007, Balboa Pier Handrailing Repair, to award this amount. The plans and specifications were prepared by the Public Works Department. The contract requires completion of all field work within a 45- consecutive- calendar -day period between September 10 and November 10, 1984. Benjamin B. Nolan Public Works Director SJL:jd