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C-3093 - Newport/Balboa Pier Inspection, Repair Program
PROFESSIONAL SERVICES AGREEMENT 1998 -99 NEWPORT AND BALBOA PIER INSPECTION THIS AGREEMENT, entered into this 1st day of April, 1998, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Don Hellmers Engineering, whose address is 15718 Circo Diegueno, Del Mar, CA 92014, (hereinafter referred to as "Consultant'), 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. The principal member of Consultant is Don Hellmers. C. City desires to engage Consultant to provide professional inspection services for the Balboa and Newport Piers upon the terms and conditions contained 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 1" day of April, 1998, and shall terminate on the 1" day of September, 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 0 0 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and incorporated herein by this reference. The maximum fee shall not exceed $20,000.00. 4. STANDARD OF CARE All of the work shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. The Consultant shall be responsible to City for any errors or omissions in the execution of this Agreement. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment with City will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including, but not limited to, unemployment 2 f: \g rou ps \pu bworks \ag mt \98\hellmers. doc 05/11/98 0 0 insurance, worker's compensation plans, vacation and sick leave, are available from City to Consultant, its employees or agent. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on the project. 7. PROJECT MANAGER Consultant shall assign the project to a Project Manager, who shall coordinate all phases of the project. This Project Manager shall be available to City at all times. Consultant has designated Don Hellmers to be its Project Manager. 8. TIME OF PERFORMANCE The tasks to be performed by Consultant shall be in accordance with the schedule specified in Exhibit "A ". Consultant shall receive no additional compensation if completion of its obligation under this Agreement requires a time greater than as set forth herein, unless such extension is caused solely by the conduct of City. Each party hereby agrees to provide timely notice to the other of any violation occurring under this Section and the cause thereof. 3 f:\ groups \pubworks \ag mt \98\hellmers. doc 05/11/98 0 9. CITY POLICY 0 Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable City, county, state and federal requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant agrees to indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suites, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, attorneys fees and court costs arising from any and all negligent actions of Consultant, its employees, agents or subcontracts in the performance of services or work conducted or performed pursuant to this Agreement. 4 fAgroups \pubworks \ag mt \98\hellmers. doc 05/11/98 0 13. INSURANCE • Without limiting consultant's indemnification of City, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies, with the exception of Worker's Compensation, shall add as additional insured City, its elected officials, officers and employees for all liability arising from Consultant's services as described herein. Prior to the commencement of any services hereunder, Consultant shall provide to city certificates of insurance from an insurance company certified to do business in the State of California, with original endorsements, and copies of policies, if requested by City, of the following insurance, with Best's Class A VIII or better carriers; unless otherwise approved by City: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California; B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 5 f:\ groups \pubworks \agmt \98 \hellmers.doc 05/11/98 i 0 C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional Liability insurance which includes coverage's for the professional acts, errors and omissions of Consultant. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided nor canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any interest in this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be 6 f: \groups \pubworks \ag mt\9ftellmers. doc 05/11/98 i • null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of an attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. REPORTS Each and every report, draft, work product, map, record and other document reproduces, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information which results from the services in this Agreement is to be kept confidential unless the release of information is authorized by City. 7 f: \g roups \pubworks \agmt \98 \helImers.doc 05/11/98 0 17. CITY'S RESPONSIBILITIES City shall furnish to Consultant base, maps, existing studies, ordinances, data and other existing information as shall be requested by Consultant and materials in City's possession necessary for Consultant to complete the work contemplated by this Agreement. City further agrees to provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Stephen Luy, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. EXTRA WORK Consultant shall receive compensation for extra work authorized by City in accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must be authorized in writing by the Project Administrator and Consultant shall not be entitled to extra compensation without authorization. 20. RECORDS Consultant shall keep records and invoices in connection with its work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall 8 f: \g roups \pu bworks \agmt \98 \he11mers. doc 05/11/98 0 0 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 under this Agreement. 21. REIMBURSEMENT FOR EXPENSES Consultant shall not be reimbursed for any additional expenses not in contract unless authorized in writing by City. 22. INVOICES Consultant shall submit invoices to City in accordance with Exhibit "B" hereof. 23. PAYMENT OF COMPENSATION City shall make payments to Consultant within thirty (30) days of receiving an invoice unless City disputes the amount Consultant claims is owned under this Agreement. 24. WITHHOLDINGS City may withhold payment 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. Consultant shall not discontinue its work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. The determination of the City Manager with respect to such matter shall be final. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 9 f: \g rou ps \pu bworks \ag mt \98\hellmers. doc 05/11/98 0 0 25. TEN PERCENT (10 %) WITHHOLDING City may withhold an amount equivalent to ten percent (10 %) of the total compensation provided herein, to be released to Consultant upon final adoption of the work by the Project Administrator. City reserves the right to refuse to pay all billings requesting amounts in excess of ninety percent (90 %) of the total compensation provided herein until the project is completed and adopted as specified above. 26. NONDISCRIMINATION BY CONSULTANT Consultant represents and agrees that Consultant, its affiliates, subsidiaries or holding companies do not and will not discriminate against any subcontractor, consultant, employee or applicable for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with this project. 28. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interest. 10 f:\g rou ps \pu bworks \agmt \98 \he11mers.doc 05/11/98 0 0 B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any claims for damages resulting from Consultant's violation of this Section. 29. SUBCONTRACTING A. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior approval of City. B. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 30. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92658 -8915 Attention: Stephen Luy, P.E. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Don Hellmers Engineering 15718 Circo Diegueno Del Mar, CA 92014 Attention: Don Hellmers 11 f: \g rou ps \pu bworks \agmt \98 \he11 mers. doc 05111/98 0 31. TERMINATION 0 In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and Consultant fails to give adequate assurance of due performance within two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement without cause by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 32. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. 33. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 12 f: \g rou ps \pu bworks\ag mt \98 \h ell mers. doc 05/11/98 0 34. WAIVER 0 A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 35. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: L L-- Robin Clauson Assistant City Attorney City of Newport Beach ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: 0 � 8 Don Webb Public Works Director City of Newport Beach CONSULTANT By: Don He ers Don Hellmers Engineering 13 \ \d p \sys \grou ps\p u bworks\ag mt\9 8\h el I me rs. d oc 04/19/98 0 EXHIBIT "A" CONSULTANT shall provide all services necessary to inspect and report upon the conditions of timber piles and superstructures of the Newport and Balboa Piers, except for reproduction of certain CITY records for the Consultant's use in the performance of services required by this Agreement. Said reproduction shall be provided to CONSULTANT free of charge by CITY. 1. Dick Anderson will be the Field Supervisor for underwater inspection and superstructure inspection of both piers. 2. Inspection of bents 5 through 53 of the Newport Pier and bents 2 through 47 of the Balboa Pier, as shown on City Drawing Numbers H- 4957 -S and H- 4958 -S, respectively (attached). 3. Inspection of each pile in bents specified above from pile cap beams to a minimum of 1 -foot below the sand line. Piles shall be probed with a pointed tool and pounded with a heavy hammer a frequent intervals to determine solidness. In addition, ten (10) random polyethylene wrapped piles at each pier will be pounded with a heavy hammer at a minimum 3 -foot intervals along the length of the wrapping for solidness. Marine life shall be removed in the tide fluctuation zone to permit inspection of this portion of the pile. All irregularities in each pile shall be noted, including holes into the heart wood caused by Molluscans (teredos, pholads, etc.); burrows or interlacing in soft portions of the wood caused by Crustaceans (limnoria, etc.); and dry rot, termite damage, etc., above the tidal zone. In addition ten (10) random piles at each pier shall be inspected two (2) feet below the sandline for damage or deterioration. 4. Inspection of pile caps, stringers, cross braces, and all joint connections in the superstructure. Such members shall be drilled and plugged at frequent intervals to determine dry rot or other fungi damage; probed with a pointed tool and pounded with a heavy hammer at frequent intervals to determine solidness; and completely visually inspected for splitting and cracking or any other noticeable damage. Joint connections shall be inspected for badly rusted, broken or missing hairpins or fasteners. In addition, tripping hazard or exposed utilities or any other unsafe condition shall be logged. Damaged members recommended for replacement shall be accurately measured, described, and located in the inspection log for future reference. Cross braces shall be accurately identified (i.e. horizontal deck brace, vertical cross brace at bent, vertical cross brace from bent to bent, etc.). 5. Preparation of a written report. The report shall list the deficiencies and irregularities in superstructure members, and percentage of damage or deterioration or percentage of remaining cross section of piles with recommendations for replacement or repairs and method of repair. The report shall refer to pile bent numbers shown on Drawing Nos. H- 4957 -S (Newport Pier) and H- 4958 -S (Balboa 14 \ \d p \sys \g roups \pubworks \agmt \98 \hellmers.doc 04/19/98 0 0 Pier) with the westernmost pile of each being referred to as "Pile No.1 ", for pile groups the westernmost pile being referred as Pile "A" and the remaining two are "B" and "C" in clockwise rotation (where applicable). 6. The report shall include a summary; a recommended list of damaged members, hardware, etc. with recommendations for replacement \repair; and their method of repair, respective quantities, dimensions, and locations [per pile(s) and /or bent(s) for future reference]. After review and comment by City staff, three (3) revised copies of the final report shall be provided to City. 7. Consultation with City staff as necessary in the office or onsite to resolve discrepancies, clarify information contained in the report, and resolve any inspection - related problems during construction. 15 \ \d p\sys\g ro u ps\p u bwo rks\ag mt\98\he I I mers. doc 04/19/98 EXHIBIT "B" COMPENSATION TO CONSULTANT In consideration of the performance of services specified under Exhibit A of this agreement, City hereby agrees to compensate Consultant a lump sum amount not to exceed $20,000 (Twenty Thousand Dollars) unless prior written authorization is provided by City. Reproduction, travel and mail costs are included in the lump sum amount, and will therefore be provided at no additional cost to City. 16 \ \dp \sys \grou ps \pu bworks \ag mt\98\hellmers. doc 04/19/98 15718 Circa Diegueno 110N HELLAUS Del Mar, California 92014 li S 1:1 S E li R 1 N G Phone: 16191 759 -9882 Fax: (619) 759 -9887 City Engineers Office City of Newport Beach 3300 Newport Beach Newport Beach, CA 92663 Attn: Mr. Stephen Luy, Project Engineer February 20, 1998 Subject: 1995 - 1996 NEWPORT AND BALBOA PIERS INSPECTION CITY OF NEWPORT BEACH, CA As requested, the following proposal for inspecting the subject piers is respectfully submitted for your consideration. The inspection will include bents 42 through 447 of the Balboa Pier and bents 95 through #53 of the Newport Pier, as shown on City Drawing Numbers H- 4957 -5 and H- 4958 -5. An underwater inspection of all pilings at each pier will be performed. The underwater piling inspection would be done by Dick Anderson, who previously inspected the piers in 1977, 1989, and 1991. The alternative diver is Charles Massa. Included is inspection of each pile in bents specified above from pile caps to a minimum of 1 -foot below the sand line. Piles will be probed with a pointed tool and pounded with a heavy hammer at frequent intervals to determine solidness. In addition, ten random polyethylene wrapped piles at each pier will be pounded with a heavy hammer at a minimum of' -foot intervals along the length of the wrapping to determine solidness. Marine life will be removed in the tidal zone, as required, to permit inspection of this portion of the pile. All irregularities in each pile will be noted, including holes, burrows, interlacing and impact damage; and dry rot, termite damage, etc., above the tidal zone. Random piles (ten at each pier) will be checked two feet below the sand line for damage or deterioration. A superstructure inspection of both piers would be field supervised by Dick Anderson, who also performed a superstructure inspection of the piers in 1977, 1989, and in 1991. The inspection will be done from above and beneath the pier deck using ladders, planks, and the existing bracing system as required to adequately inspect all structural members and connections. Members to be inspected will include pile caps, stringers, cross braces, decking, railing, and all joint connections in the superstructure. in addition, any noticeably unsafe conditions, e.g. tripping hazards or utilities needing repair will be noted. Structural members will be drilled and plugged at suspect locations deemed necessary to detect dry rot or other fungi damage. Members will be probed with a pointed tool and pounded with a heavy hammer at frequent intervals to determine soundness. A complete visual inspection will be performed to detect splitting, cracking, or other 0 0 February 20, 1998 Page Two of Three noticeable damage. Joint connections will be visually inspected for corrosion, broken or missing hairpins or fasteners. Damaged members to be replaced shall be measured with location noted. A final written report will be prepared and submitted within two weeks after the field inspections are completed. The report will list the present sand line elevations at each pile, deficiencies and irregularities in piles and superstructure members, percentage of damage or deterioration, and will recommend repairs and methods of repair. The report will refer to pile bent numbers shown on drawings numbers H- 4957 -5 and H- 4958 -S, with the westernmost pile of each bent being referred to as Pile Number 1. Where three piles are tied together at the top, the bearing pile is "A" and the remaining two are °B" and "C in clockwise rotation. The report will include a summary of damaged structural components with recommendations for repair or replacement. Don Hellmers Engineering will provide to the City structural details in the form of drawings and specifications to assist the City in the preparation of the Bid Package for pier repairs. Included will be consultation with City statf, as necessary, in the office or on site to resolve discrepancies or to clarify information contained in the report. Included will be two site visits during construction to assist in clarification of the inspection report. It is estimated that the proposed work including field inspection and the report will require six weeks. The estimated tasks to perform the work on both piers are: 1) Field inspections: 4 days diving, 4 days structural under deck, 2 days above deck 2) Office: consolidate and evaluate field inspection data and prepare report (Principal Engineer - 32 hours, clerical - 32 hours) Estimate: 232 man hours 64 man hours 3) Meeting with City (Principal Engineer) 12 man hours 4) Site visits during construction (Principal Engineer) 12 man hours Total: 320 man hours Regarding insurance, Don Hellmers Engineering insurance coverage includes Workmans Compensation, $1,000,000.00 General Liability and $500,000.00 Errors and Omissions coverage. The City will be named as additional insured regarding General Liability. •y 4 • • February 20, 1998 Page Three of Three Thank you for the request for this proposal. We believe our specialized experience in the inspection, design, and restoration of numerous timber pile ocean piers and our hands on familiarity with the Newport and Balboa Piers will be beneficial in your on -going pier maintenance program. Re fully, f "ully, Don Helllmers DWsh 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 March 30,1998 John S. Meek Company, Inc. 1032 West C Street Wilmington, CA 90744 (714) 644 -3005 Subject: Contract No. 3093 - Newport Pier and Balboa Pier Repair Project On February 9, 1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on February 23, 1998, Reference No. 19980098228. The Surety for the contract is Great American Insurance Company, and the bond number is 1306539. Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk LH:lvi cc: Public Works Department 3300 Newport Boulevard, Newport Beach "EXECUTED IN FOUR COUNTERPARTS" Page 8 PAYMENT BOND Bond #1306539 Premium included in Performance bond KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 12 1997 has awarded to JOHN S,_ .MEEK_ COMPANY.,_ INC.— hereinafter designated as the "Principal ", a contract for Ne3apnrt P;ar and xalboa Pier Repair (Contract No.,;nq ' i ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 3093 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, JOHN S. MEEK COMPANY, INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY as Surety, d �&e HUNDRED City of Newport Beach, in the sum ofONF HUNDRED TWENTY o ars S ' 0 said FORTY 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 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 /her subcontractors, fail to pay for any materials, provisions, or other supplies, 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, 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. The 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 to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. 5/91 0 Page 8A 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 above named Principal and Surety, on the 22nd day of May 19 97, JOHN S. MEEK COMPANY, INC. Name of Contractor (Principal) Authonzed Signature/Title (% Jolin S. Meek, President GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 City Drive South Orange. CA 92868 Address of Surety BY: ✓ Authorized Agent Signature VICTORIA M CAMPBELL, ATTORNEY -IN -FACT 714- 740 -3287 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 0 CERTIFICATE 07 ACKNOWIED EMEN7 S_a_e of California Ccunty of Los Angeles On May 27, 1997 before me, Diane Edwards Notary Public, personal!, appeared John S. Meek, personally known to me to c> the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as President of the John S. Meek Company, Inc., and t at by his signature on the instrument the person or the entity uycn behalf of which the person acted, executed the insurument. -,a*e �-f :L a 0 C;unty of Orange On 21av L 1997 before me, K. R. Diodes, Nut:ary PubUc OATS NAME, TITLE OFF OFPCER E.G,'JAP,E CCE. NOTARY personally appeared Victoria X. Ca-a) bell * * * * * * * * * ** NAMES) CF SIGNER(S) personally known to me - Qft - ❑ Rraued -i ©sc e #ua -t as <s tis #as svre4e ca to be the person(s) whose name(s) is /ara subscribed to the within instrument and acknowledged to me that :t:e /shei1:es)s _,. :..,.....,. executed the same in ) lheri' „ "ri authorized capacity( ), and that by_,ttis /her /ti < signature 0 on the instrument the - person(, or the entity upon behalf of which the person*) acted, executed the instrument. WITNESS my hand and ofticial seal. OPTIONAL -cugh `e data below is not required by law, it may prove valuable to persons relyirg on the document and could prevent .fraud Went reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL EXIATTORNEY-IN-FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 GjW AIVERIC -11 INSUI??NCE COMPANY 580 WALNUT STREET e CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513- 723 -2740 I he number of persons it thori /al by ;hl power of attorncv is not more than No, o 13704 FOUR POWER OF ATTORNEY KNOW AIA. MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE C'OMP.AN1 a corporation organized .end cyisCmg under and by virtue of the laws of the State otOhio, does hereby nominate, constitute and appoint the person or persons named below is true and lawtul atturnev- in-fact, for it and In its name, place and stead to execute In behalf of the said Company'. as surety', arty and all bonds, .utdertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name THWM C. :`1cCALL E. URENO Address Limit of Power ALL OF ALL IRVINE, CALIFORNIA UNLIMITED K.R. VIODES VICTORIA X. CAMPBELL l his Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN W ITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of July , I9 96 \nest Sr \1 F OF OHIO, COL NI": OF HAMILTON - >s: GRE:Y1 AMERICAN INSURANCE COMPANY On this 10th day of July, 1996 before me personally appaared GARY h. DUNBAR, to me `.mown, being duly sworn. deposes and says that he resided in Cincinnati. Ohio, that he is the President of the Bond Division of Great American Insurance Compam, the Company described in and which executed dte above instrument; that he knows theseal: that it wa-s so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. This Power of Attnrncy is granted by authority of the following resolutions adopted by the Board A Director, of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOLVED: That the Diviiion President, the several Division Dice Presidents and :1:sisianr Vice Presidents. oranr one ofthem, be and herebv is authorized, from time to time, to appoint one or more Attorney s -In -Fact to execute on behalf of the Company, as surctc'. am and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereofi to prescribe their re.spec'tit e duties and the rc.spccoi+c limits of their authority'; and to revoke any such appointment at any time. RESOLVED FI+R7HER: That the C'ompan.v ,seal and the signature of of the afilrc:.'aid gflicrn and anr.Secrel:tn or Assistant Recrcian of ds ('o ntnuny mar he a17i.ecd by htesunilr m am power of arrorney or certificate of either_! vt; for the c.tccution Ul ant' bond. undcnaAIn,, contract or surcnahip, orother written ohli(!aiion in the nature[ hereot. .such signature and.,eal a hen so used heine hereby adopted hr :hr CLmpagr a.; the nrigrnal.iigrt:rture of,uch omeerand the ori,in.W seal of the Compam, o! he valid turd binding anon the Company with the same• lJrce and efteet as though nwnuallr affi.eed. CERTIFICATION I. RON: \1 D C'. HAYES. Assistant Sccr =tare of (;real American Insurance ( "orrin:utc. do herchy cenify thm the Inregoinl-P Power el Vu'lrnrs and the cat the Board ol cal March 1. 1993 ha.e no been and arc !n tull force and affect. .Si¢ncd :u!d sraied (lily 22nd ,tut n1 May 1'+ 97 "EXECUTED IN FOUR COUNTERPARTS" Page 9 FAITHFUL PERFORMANCE BOND Bond #1306539 KNOW ALL MEN BY THESE PRESENTS, That Premium: $1,834.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 12, 1997 has awarded to JOHN S_ MEEK COMPANY, INC. hereinafter designated as the 'Principal', a contract for Newport Pier and Balboa Pier Repair (Contract No. 3093 in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 3093 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, JOHN S. MEEK COMPANY, INC, as Principal, and GREAT AMERICAN INSURANCE COMPANY as RSEuRretV NarDeRhFeld& 0 firmly bound unto the City of Newport Beach, in the sum of CiNF. HNNnRRn gwWIrEl EVENDmgoUSAND, Dollars ($127, 340.O1Qsaid sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly 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, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract 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, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity 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 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 of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. S /91 E Page 9A 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 22nd day of May , 19 97 JOHN S. MEEK COMPANY, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 City Drive South Orange, CA 92868 Address of Surety fit oriz d Signature/Title C John S. Meek, President BY: Authorized Agent Signature VICTORIA M CAMPBELL, ATTORNEY -IN -FACT 714- 740 -3287 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 0 ^RTIFI_AT OF _gate of California Cc=ty of Los Angeles May 27, 1997 before me, Diane Edwards Notary Public, persona__- _ �z=eared John S. Meek, personally known to me to be rso- 'N=Se name is su scribed Co the w:.thi n lnstramen`. and a.^_' n_ —w_el: :`cd t_ me -_I:at he executed the same in is a11t ^ori Zed car=p L-_v as President of the John S. Meek Company, Inc., ana tha ____ nature on the instrument the person or the entity uaon __ alf of the person acted, execured the instrument. I �I CCUnty Cf Orange on May __ 199-1 before me. K. R. Viodes, `iocar-: Public DATE NAME, TITLE CF CFF!CER F.1.'JAME DCE. NOTARY .PUBLIC personai!y appeared Vl crora.a M. Campbell * * * * * * * * * ** -NAME(S) OF SIGNERS) El person:aily known to me - QR - ❑ to be the person(s) whose nameM is /atx subscribed to the within instrument and acknowledged to me that :be /she /It W executed the same in Wher /Sf:i�gK authorized capacity(We'5), �i K. R. VF3D j -.... c21�IGE Pct. r;Tv J _XPiRS MV 1.9H and that by:dits /herl'bmMslgnaturep on the Instrument the personGs�, or the entity upon behalf of which the person)W acted. executed the instrument. WITNESS my hand and official seal. )/l A SIGNATURE OF NOTARY OPTIONAL - ^cugh 'he da:a below is net required by law, it may prove valuable to Persons relying or. the document and could prevent fraudulent reacac``�ment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL EI ATTO R N EY -I N -FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: DESCR!PTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUM SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSONIS) OR ENTITY(IES) 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the Onty of Orange, California Gary L. Granville, Clerk /Recorder Illllllilllllllllllllllllllllllllllll 111111111111111111111111Jill No fee 19980098228 11:04am 02/23/98 005 14014641 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt rom recor ing tees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 > Newport Boulevard, Newport Beach, California, 92663, as Owner, and John S. Meek Company, Inc. of Wilmington, California, as l Contractor, entered into a Contract on May 13. 1997. Said Contract set forth certain improvements, as follows: Newport Pier and Balboa Pier Repair Project (C- 3093). Work on said Contract was completed on January 26. 1998, and was found to be acceptable on February 9. 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the and correct to the best of my knowledge. Executed on c >tii �, ���-�•� , California. By City Clerk foregoing is true 0 n �+ -; T m at Nort each rr. iT ° N f;J \m M ;, 0 co 0 0 0 Li�EB AttVVi iJ... TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT February 9, 1998 CITY COUNCIL AGENDA ITEM NO. 8 SUBJECT: COMPLETION AND ACCEPTANCE OF NEWPORT PIER AND BALBOA REPAIR, CONTRACT NO. C -3093 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On May 12, 1997, the City Council authorized the award of the Newport Pier and Balboa Pier Repair Project to John S. Meek Company, Inc. of Wilmington, California. The original contract provided for the removal and replacement of eight (8) existing pier pilings, bracing, connectors and other incidental items of work. During the repair work at the Balboa Pier, it was determined that three (3) additional piles were damaged /destroyed during the recent winter storms and needed to be repaired. The contractor agreed to do this work at the unit bid price for the piles via a change order. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $127,340.00 Actual amount of bid items constructed: 117,468.50 Total amount of change orders: 28,791.21 Final contract cost $146,259.71 The decrease in the actual bid items over the estimated bid items constructed resulted from the deletion of some bid items and quantity adjustment based on actual field measurements. The inclusion of replacing three recently storm damaged piles brought the final overall construction cost including other change orders to 14.9 % over the original bid amount. The following three (3) change orders were issued to complete the project: 1. A change order in the amount of $2,933.65 provided additional timber pile treatment to prolong the pile's life expectancy. 2. A change order in the amount of $2,872.44 provided for some emergency pier work during the last winter storm. SUBJECT: COMPLETICOND ACCEPTANCE OF NEWPORT PIER A•BALBOA REPAIR, CONTRACT NO C -3093 February 9, 1998 Page 2 3. A change order in the amount of $22,985.12 provided for replacement of three additional timber piles damaged by the last winter storm. Funds for the project were appropriated as follows: Account Description: Account Budget Number Amount Newport/Balboa Pier Inspection /Repair 7231- C5100153 139,011.00 Actual Expenditures 146,259.71 The original budget amount was subsequently adjusted to include a City Manager approved budget amendment in the amount of $7,248.71. The contract specified completion of all work within 35 consecutive working days from the issuance of a Notice to Proceed. Based upon the written notice to proceed on September 15, 1997, the completion date was November 17, 1997. Due to added piles to be replaced, and a lengthy lead -time in obtaining the piles, the completion date was extended to January 26, 1998. All work was completed by that date. Respectfully submitted, 4 'C' P BLIC WORKS DEPARTMENT Don Webb, Director By: //��/' � 4� Horst Hlawaty Construction Engineer f: \g roups \pubworks \councii \98 \feb- 9 \c- 3093.doc 0 �J May 12, 1997 • MAY 1 21997 CITY COUNCIL AGENDA ITEM NO. 6 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NEWPORT PIER AND BALBOA PIER REPAIR CONTRACT NO. 3093 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3093 to John S. Meek Company, Inc. for the total price of $127,340 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish a 10% construction contingency in the amount of $12,000. • 4. Authorize a budget amendment to transfer funds in the amount of $48,000 from the Balboa Island Bayfront Repair, Account No. 7011- C5100314 to the Newport/Balboa Piers Repairs, Account No. 7011- C5100153. DISCUSSION: At 11:00 A.M. on April 23, 1997, the City Clerk opened and read the following bid for this project: :..- Low John S. MeekCompany Inc. Total Bid Price $127,340 The low bidder is 6% less than the Engineer's estimate of $135,000. Staff contacted other contractors and Mey indicated that they did not bid on the job because of the specialized nature of *e work and the small amount of work involved in the project. The project was advertised in trade newsletters such as the "Green Sheet ". John S. Meek ComlIkiny, Inc., the low bidder, is a well - qualified general engineering contractor who spatial <es in this type of work and has successfully completed • pier /marine work fortttieUly. SUBJECT: NEWPORT P�ND BALBOA PIER REPAIR a. CONTRACT Nv. 3093 May 12, 1997 Page 2 The proposed improvements on the Newport and Balboa Piers provide for removing and replacing existing pier pilings, bracing, damaged curb, hairpin connectors and other incidental items of work. The improvements will eliminate structural damage, eliminate damaged curb and decking and extend the life of the piers. A project location map is attached. The proposed budget amendment will establish sufficient funds for award of the contract and 10% contingency amount to pay for pile material testing and any unanticipated work. Funding for the project is proposed, as follows: Account Number Description Amount 7011- C5100153 Newport/Balboa Piers Repairs $91,051 7011- C5100314 Budget Transfer from Balboa Island I Bayfront Repair $48,289 TOTAL $139,340 The plans and specifications were prepared by the Public Works Department. The . Contractor will not be allowed to start work until September 15, 1997, which is after the summer season, and will complete all work within thirty -five (35) consecutive working days. Respectfully subbmi ob)z PUBLIC WORKS DEPARTMENT Don Webb, Director By: L)(3p'6a�d !&r Steve Luy Project Engineer Attachment: Project Location Map 0 �1 • 1 l RJ'1�1 b/r rn 7 a(rro e n / bfq�bfn %�� a� b(n � rb nn � �tr b 3 m � brn 2 Qom/ s � r a z lJI k/, S� -fs serf 111I11j �1�II1/ i V� IS MLIO J � � u blsf c,' ti ///j004LLLnlll111 � 2 Q 7 ]S N191 1 1$ 111(1 'IS MI91 19 hl B1 ® Z r 0 °Yw �z n. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEVVrORT PIER AND BALBOA ER REPAIR (C -3093) m� �a G no O C� V Z DRAWN Q.J.L. DATE APPROVED STEPI EN uv PROJECT ENGINEER DRAWING NO. EXHIBIT "A" Lolity UI /VVVVPU /t L;)Vd(al NO. BA- 043 *BUDGET AMENDMENT i 1996 -97 AMOUNT: Saa,000.00 `=ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations Ix Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance* PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To partially fund the 4CCOUNTING ENTRY: 3UDGETARY FUND BALANCE Find Account 010 3605 'ENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) to Description Fund Balance Control Description s of the Newport and Amount Debit Credit Division Number Account Number • Automatic System Entry. igned: S :.2 —9 7 Financial A oval: Fina de Director Date •ed: $ Z AerrliniAktive pro I: City Manager Date igned: City Council Approval: City Clerk Date • Description Division Number 7011 Harbor Tidelands Account Number C5100314 Balboa Island Bayfront Repair $48,000.00 Division Number 7011 Harbor Tidelands Account Number C5100153 Newport/Balboa Pier Ins /Repairs Program $48,000.00 Division Number Account Number Division Number Account Number • Automatic System Entry. igned: S :.2 —9 7 Financial A oval: Fina de Director Date •ed: $ Z AerrliniAktive pro I: City Manager Date igned: City Council Approval: City Clerk Date • kindsuding by • Authorized to Publish Advertisements of all public notices Decree of the Superior Court of orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963, PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) 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 - PusuICE or interested in the below entitled matter. I NOTICE am a principal clerk of the NEWPORT INVITING BIDS Sealed bids may be re- ceived at the BEACH -COSTA MESA DAILY PILOT, a Office of the City Clark, at 3300 Newport Boulevard, P.O. Box 1768, newspaper of general circulation, printed and Newport Beach, Ca. 92658• 8915 until 11:00 a.m. on published in the City,of Costa Mesa, County the 24th day of April 1997, at which time such bids of- Orange r State of California, and that shall be opened and read for NEWPORT attached Notice is a true and complete copy PIER AND BAl- 8OA PIER REPAIR Contract Number: 3093 as was printed and published on the Engineer's Estimate: $135,000.60 following dates: Approved by William, PataPeff, City Engineer April 7, 14, 1997 Prospective bidders may obtain one set of bid d.1u. ments at no cost at the of. tics of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658. For further information, call Stephen Luy, at 644- 3330. Published Newport Beach -Costa Mesa Daily Pilot April 7, 14, 1997. MB50 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 14 , 199 7 at Costa Mesa, California. AZ��� Signature i ��3093 Authorized to Publish Advertisements of all kind�uding public notices by I • Decree of the Superior Court of Orange County Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of.eigIhteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of-Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: April 7, 14, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 14 , 199 7 at Costa Mesa, California. AZ/je�� Signature PUBLIC NOTICE INVITING BIDS Sealed bids may be calved at the office of 1CIty Clerk, at 3300'Newi 8915 until 71:00 a.m. on the 24th day of April 1997, at which time such bids shall be opened and read for NEWPORT PIER AND BAL. BOA PIER REPAIR Contract Number: 3093 Engineer's Estimate: $135,000.00 Approved by William PatapoN, City EnyineIr Prospective bidders may )brain one set or bid docu- nents at no cost at the of. ice or the Public Works )dpartment, 3300 Newport 3oulevard, P.O. Box 1768, ,lewport Beach, CA 92658. For further information, call Stephen Luy, at 644- 3330. Published Newport Beach -Costa Mesa Daily Pilot April 7, 14, 1997. M650 JA i CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 11 :00 a.m. on the 24th day of April, 1997, at which time such bids shall be opened and read for NEWPORT PIER AND BALBOA PIER REPAIR Title of Project i 3093 Contract Number $135,000.00 Engineer's Estimate �GI FO Wr /7,& nMM" City Engineer s Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luv at 644 -3330. Project Manager 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT PIER AND BALBOA PIER REPAIR CONTRACT NO. 3093 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City, and shall perform all work required to complete Contract No. 3093 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY NO. AND UNIT 1. Lump Sum 2. 430 B.F ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS Mobilization and Traffic Control Fourteen thousand. three Dollars hundred and No Cents Per Lump Sum Remove Existing and Install New Cross Braces UNIT TOTAL PRICE PRICE $ 14 300.00 Fifteen Dollars and Seventy five Cents $ 15.75 $6,772.50 Per Board Foot P -1 0 i ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS 3. 1,010 13.17, Remove Existing and Install New No Cents Diagonal Braces 6. 180 L.F. Remove Existing Deteriorated Fifteen Dollars Curb, clean rebar and Construct and Seventy five dollars Seventy five Cents and Per Board Foot 4. 10 Ea Remove Existing and Install New Hairpin Four hundred and ninety five Dollars and No Cents Per Each 5. 2 Ea. Install Deck Drains One hundred Dollars and No Cents Per Each 6. 180 L.F. Remove Existing Deteriorated Curb, clean rebar and Construct New Curb Seventy five dollars Dollars and No Cents Per Linear Foot 7. 8 Ea. Remove Existing Piles and Install New Piles Seven thousand. two Dollars hundred and ninety five and No Cents Per Each P•2 UNIT TOTAL PRICE PRICE $ 15.75 $ 15 907.50 $ 495.00 $ 4.950.00 $ 100.00 $ 200.00 $75.0 $ 11500.00 $7-29 .00 $ 58 360.00 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS 8. 300 S.F. Remove Existing Deteriorated PCC Deck and Construct New PCC Deck with Wire Mesh Thirty nine Dollars and Fiftv Cents Per Square Foot 9. Lump Sum Repair Existing loose blocking and/or Install New Blocking One thousand five hundred Dollars and No Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS One hundred and twenty seven thousand, three hundred Dollars and Bidder's Name John S. Meek Company. Inc. Bidder's Address 1032 West "C" Street Wilmington. CA 90744 Bidders Telephone Number 310 - 830 -6323 Contractors License No. & Classification 709151 4123197 Date P -3 UNIT TOTAL PRICE PRICE $ 39.50 $ 11.850 00 $1500.00 $ 1.500.00 $ 127.340 00 Total Bid Price (figures) ized Signature & Title S. Meek, President 0 0 Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) 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 documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 5/91 Page 2A The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 709151 A, B Contractor's License No. & Classification John S. Meek Company, Inc. Bidder 4/23/97 Date Au ri ed Signature/Title ohn S. Meek, President 5/91 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. John S. Meek Company, Inc. Bidder 5/91 0 KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 That we, JOHN S MEEK COMPANY, INC. as bidder, and GREAT AMERICAN INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT BID -------- - - - - -- Dollars ($ 107 ),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 ofNewport Pier and Balboa Pier Repair Contract 113093 (Title of Project and 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 to said City the 'Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise H shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 22nd day of April ,1997, JOHN S MEEK COMPANY, INC. Bidder ho ed Signature/Title J hn S. Meek„ President Notary Public Commission Expires: 5/91 SURETY GREAT -{AMERICAN INSURANCE COMPANY By: � � U i11� t-(.( (Attach Acknowledgment VICTO IA M CAMPBELL of Attomey -In -Fact) ATTORNEY -IN -FACT State of California County of Orange On April 22, 1997 before me, K. R. Viodes, Notary, Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell * * * * * * * * * ** NAME(S) OF SIGNER(S) 0 personally known to me - Qft- ❑ to be the person(a) whose nameM is /at subscribed to the within instrument and acknowledged to me that she /she /4bW - -- n� executed the same in Wher /MK authorized capacity(R), -¢« z; J K. R. VIODES (7 and that byxbis /her /b mix signature 44 on the instrument the COMM. #1019554 21 N01,;A" PuatiC 21 -CALIFORNIA persong, or the entity upon behalf of which the person -�-� ORANGE COUNTY v acted, executed the instrument. 11 MY COMMISSION E %FIFES MAY 4, 1998 it "' WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY -IN -FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE e GUM INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 013704 ,FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE. COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name THOMAS G. McCALL E. URENO Address Limit of Power ALL OF ALL IRVINE, CALIFORNIA UNLIMITED K.R. VIODES VICTORIA M. CAMPBELL This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE CAM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seat hereunto affixed this 10th day of July . 19 96 Attest STAKE OF OHIO, COUNTY OF HAMILTON ss: GREAT AMERICAN INSURANCE COMPANY On this 10th day of July, 1996 , before me personally appeared GARY T. DUNBAR. to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, orany one of them, be and hereby is a uthorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their auihoriq; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seat and the signature of any of the aforesaid officers and any Secretary or Assistant .Secretary of the Company may be affixed by facsimile to anv power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsureryship, orother written obligation in the nature thereof. suchsignature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid end binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and arc now in full force and effect. Signed and scaled this 22nd day of April . 19 97 Pi State of California NON - COLLUSION AFFIDAVIT ) ss. County of Los Anaexes 0 Page 5 John S. Meek , being first duly sworn, deposes and says that he or she is President of John S. Meek Company, Incthe party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. John S. Meek Company, Inc. Bidder Au t rize Signature/title ohn S. Meek, President Subscribed and sworn to before me this o?3"day of tq PQ /1- 1907 (SEAL] Notary Public My Commission Expires: 3 -o2O - d OOO 1 ": °'• DIANE EDWARDS �"�^f•'1., COMM. #1091634 CD F ; U m NOTARY PUBLIC - CAUFORMA 0 ..1 Co ' A ' LOS ANGELES COUNTY i My Comm. Expires Mertz M. 2000 5/91 0 0 Page 6 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 For Whom Person Telephone Completed Performed (Detail) To Contact Number Nov, 1993 City of Newport Beach Lloyd Dalton John S. Meek Company was formally John L. Meek Construction, Cc Meek performed the pier repair work for the City of Newport Beach in 1993) 1997 City of Redondo Beach Mazin Azzawi 310 -830 -6323 1996 City of Santa Monica Jeff Mathew 310- 958 -2251 John S. Meek Company, Inc. '� Bidder ut orized Signature/Title 5/91 i • Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide• Prope ty- Casualty. Coverages shall be provided as specified in the Standard SpCifications for Public Works Construction, except as modified by the Special Provisions The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 05/21/1996 1C: 07 31083521E JCHNSMEEKCO.NC Ask PAGE 05J MAY 21 197 13:02 3108352163 PAGE.005 PRODUCER )Iilliam A. Sadler COMPANIES AFFORDING COVERAGE Alexander & Alexander of California, Inc COMPANY L MPAClarendon America Ins. Co. — 501 S. Eipueroa Street, Ste. 700 Los An,eles, CA. 90017 COMPANY 6- Reliance Insurance Company INSURED COMPANY Evanston LETTER C Evanston insurance Company John S. '•Icek Co. lnc. COMPANY 032 Vest C' Street L D LETTER Wilmington. CA. 90744 COMPANYE l.El'TEA COVERAOBS'}.'.b THIS 18 TO CERTIFY THAT POLICIES OF INKNIM DE LATER ElLOW HAVE REIN ASIEO TO THE INSLIRSO NAMED ABOVE FOR THE POLICY PERIOO INDICATEO. NOTWITNSTANOIq ANY RRO(ARRIAINT. TERM OR CONDITION OF ANY CONTRACT OR OTHlII DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAT BE ASM OR MAY FEITTARI. THE IMPUPIANCE AFFO"MD BY THE POUCip MCRIEEO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUBR7NS. ANOCONDITIONE OF SUCH POLICIES AND IS NOT AMp10ED. EXTENDED OR ALTERED BY T S CERTIFICATE. TM TYPE OP IN3URAMM MgWnvE EXPIRATION ALL LIMITS IN THOUSANDS NUMBER A GENERAL LIABILITY FNC0698950 1/23/97 1/23/98 OENlRAL AGOReOATE $2,000 (OCCuPwmcE BMW ONLY) 1.25 FRT O —. S1,000 COMMERCIAL COM►RHEMTY! l OPERATIONS A(3GFIEG AT ! OVWGM A CONTRACTORS PERSONAL WJUI1r S1,000 PROTECTIVE CONTRACTUFL POR SFeCINC CONTRACT X PRODLX.'TETDMVIETeDOPEMTION EACHOCGUIIENCE $1.000 YOU HAZAIIOR FOR! DAMAGE 50 :\ BROAD FORM FNOP 01"Y OAMAOE SEVERABILITY OF RITSREST CLAUSE (ANYONE PEI P.1. WITH EMPLDYSE EXaLRION MIECCAL EXPENSES f 5 REAgYEO RAPINE (ANY ONE FeRsm) B I At1TONIOB1lAL1ABIlrTY QB8571929 7/1/96 7/1/97 T 51,000 v AUTO y INJURY S ALL OWNED AUTOS ERSM) iANY SCHNIX"O AUTOS INJURY S HFMS AUTOS CCWEtR) RTM NONaWNSD AUPDE Ac OAFMAE IJASRJIY AGGREGATa- C EXCM LIABtLrtY XOAA 10121, 4/12/96 4 EACH D UMBRELLA POIM1 GTH" THAN UMINA0,.LA Fo1M f 2,000 $ 2 , 000 WORKnr CbmmaArdm RMTYIORT S EACH ACCIDENT & S DISEASE -POLICY LIMIT EMPLOYMLS'LIABILITY f DISUSE -SACH EMPLOYEE OTNER S OCEOIE"M Of OPOtATXM&OCAIMNV4E RBIE: ALL OPEPATIOIe PERFORMED FOR THE CITY OF NENPORrgLW" BY on ON EEIWl OFM NAIELO INSURED IN CORRECTION WRH OUT NOT LEVIED TO THE FOLLOWING CONTRACT. Neroort Pier and Balboa Pier Ranair (Contract No. 3093) PROJECT TRIP. ANOCONTRACT NUMBER CER7729 •...� ... ,' " "I . .';.� CAHCMlATION t . ADDMONALLY INMAUM SHOLLDANYOPrMe AEOVe"SCROWPOUMSSe NON- ReNEWED. CANCELLFn OR CITY OP NEWPORT BEACH COVERAGE REDUCED SEFMTHE EXPIRATION DATE THE COMPANY AFFORMNO P.O. BOX 1768 COVSRW SHALL PROVWS SOCAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 7700 NEWPORT BOULEVARD HIV"PIT REACH BY MOT cuss MAIL. NEWPORT BRACH.CALIPDRNIA 92&UM15 ATTENTION: AUT"ORMW RMUPNTATIVE IsSI IF. AATT: MAY 21 197 13:02 3108352163 PAGE.005 05/21/1996 14:01 3/083521 .:OHNSMEEKCOINC 0 PAGE 06 Page 11 rFINIERAL HARILITY INSURANCE FNOOERFMENT It Is agreed that: With respect to such Insurance as is afforded by the policy for General Liability, tho'! C.Ity of Newport Beach, Its officers and employees are additional Insureds, but only with respeC to Aabrtlty adaino out of operations performed by or on behaR of the named Insureds in tottrteotbn with the contr= designated below or acts and omtmlons of the additional Inouredti In =inaetlott wilt Its ooneral supervision of such opersttons. The insurance afforded said addNonal Insureds) shall apply as primary Insurance and no other Insurance maintained by the lily of Newport Beach short be called upon to contribute with Insurance provided by this posay. 2. Ills pulley Indudos the Ong provision: 'The Insumnioe affbrded by the polity applies separately to each Insured sgsiflst whom claim is made or suit Is brought, except with reaped to Nti/ Ifmile of IsMy of late company affording coverage. 3. The O,uuranos affa tied by the paltry for Corftoahtsl UmbRlty Insurance (subject to the terms, oondift tirlid axr.Rnlefn applicable to such Insurance) includes liability assumed by tfw')lrrttad N*Mtid UrOw ft k iferni 111e tri or hold hemhless provision contained In the wrNWIt connect doelpsted below, between the named Insured and the City of )Jawpim a- '. . 4. Wkh rosp»d to such Insurance as Is afforded by this policy, the exclusions, if any, pertaftV to the explosion hazard, collapse hazard and underground property hazard (commonly retorted to os "KC(P hazards) are deleted. S. The ft ft of Habl Ry under this endorsement for the additional Insured(s) named in Paragraph 1 of Mtn endorsement shall be the limits Indicated below written on an "Oomwerooa" bads: (;;X Commercial () Comprehensive Generd liability $ 1,000,000 each occurrence $ 2,000,000 aggregate The applicable HmR of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement In behalf of the additional Insured(s). The limits of HsbMy as stated In this a Klorsei tent shell not Increase the total liability of the company o fording coverage for all damages as the result of any one occurrence in excess of the limits of rtabHRy stated In the polity as applicable to General Liability Insurance. list MAY 21 '97 13:03 3108352163 PAGE.006 05/21/1996 14:01 31083521 2CHNSMEEKCOINC • PAGE 07 Page 11A t1. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mad, Attention: Public Works Department. 7. Designated Contract: Newport Pier and Balboa Pier Repair (Contract No. 3093) Project Tills and Contract No. This andonemsnt 10 elfeoltvo 5/23/97 at 12 :01 a.m. and forms a part of Policy No. INC0698950 of Clarendon (Company Affording Coverage). 125 John S. Meek Co. Inc. insured: John No.: ISGUING COMPANY AuthothL*d R6pffaantWV* Alexander & Alexander of CA., Inc. f /11 MAY 21 197 13:03 3108352163 PAGE.007 05/21/1996 14:01 It to agreed that: _10835216 JOHNSMEEKCOINC • PAGE 08 Page 12 VM reaped 10 such khnrarfce as is afforded by the polity for Automobile Uability, the City of Newport Beach, Its officers and employees are additional Insureds, but only with respect to Nablilly for damages arising out of the ownership, maintenance or use of automobiles (or autco) Wad by or on behalf of the no insured In connection with the contract dealgnatad WM. The ft=nM OAMfded by this endorsement to Said additlonal Insured does not apply to botltty"or property damage arlsirg out of automobiles (1) owned by of registered In the hams of an addtionai Insured, or (2) based or rented by an addillonni Insured, or (3) oP I N I by an additional Insured. The h ouranoe afforded said additional h Krad(t) than ap* as primary Insurance and no other Insurance maintained by the City of Newport %@M 00 be caned upon to contribute wtih Insurance provided by this policy. 2. Th6 POW M ChudM ft toN&A*V provision: *ft Inaumm afforded by the poky apptlee separately to each NWAad who N **&A19 coverage or egaMst whom a claim to made Or Sun M brought, eI I l with reaped to the limb of nablity of the l+onhpanY �n0 oovstap0." 3. The Amts of NablRy under this endorsement for the additional Insureds named in Paragraph 1. of this endorsement shall be the limits Indicated below for either Multiple Units or Skhgte Uri () srn Mtn* Nndb ftdlly I" liability BodNy Injury Lfablifty Property Damage Uab1111y 0 Combined t VOG LNMt SodUy Injury Liability 6 Properly Damage LbUnty per person S per accident S S 1,000,000 The Ihnlb of Neblirty as stated in this endorsement shall not Increase the total liability of the company affording coverage for ant damages as the result of any one accident or occurrence in excess of the Nmtis of liability stated In the policy as applicable to Automobile Llltbaay Insurance. MAY 21 '97 13:04 3108352163 PAGE.008 05/21/1996 14:01 3108352163 JOHNSMEEKCCINC PAGE 09 • Pape 12A 4. Should tfm pocky be non- renewed, canceled or cave" reduced before the expiration date thered, the Issuing Company shag provide 30 days' advance notice to the City of Newport tieat:h by regWered mad, Attendort: Public Works Department. 5. DesignstedCorthect. Nenmort Pier-and Balboa Pier Repair (Contract No. 3093) Prood Title and Contract No. This endorsemard is eNectiv 5/23/97 at 12:01 ■.m. and forms a part of Policy No Q38571929 of Reliance i.ns. " (Co r"m Affordlnp Covempe). Invited: John S. Meek Co. Inc. Endorsement No.: ISSUING COMPANY BY: / h i c; v a Auftwind Represort 0w Alexander & Alexander of Ca., Inc. VOL MAY 21 '97 13:04 3108352163 PRGE.009 _ - Page 10 ERTIF�TE�TtRE PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER INSURED COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES° THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. C. POLICY EFFECTIVE EXPIRATION R TYPE OF INSURANCE NUMBER DATE DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ COMMERCIAL PRODUCTS /COMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE OWNERS B CONTRACTORS PROTECTIVE PERSONAL INJURY $ CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS /COMPLETED OPERATION EACH OCCURENCE $ XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE $ (ANYONE FIRE) P. I. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY ALL OWNED AUTOS (PER PERSON) SCHEDULED AUTOS BODILY INJURY HIRED AUTOS (PER ACCIDENT) JEACH NON -OWNED AUTOS PROPERTY GARAGE LIABILITY DAMAGE EXCESS LIABILITY AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM STATUTORY $ WORKERS' COMPENSATION $ EACH ACCIDENT & $ DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSA .00ATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: Newport Pier and Balboa Pier Repair (Contract No. 3093) PROJECT TTILE AND CONTRACT NUMBER CANCELLATION;;£. ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY FIRST CLASS MAIL. 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92658 -8915 ATTENTION: AUTHORIZED REPRESENTATIVE ISSUE DATE • 0 It is agreed that: Page 11 With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage. 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 contained 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(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: () Commercial () Comprehensive General Liability $ each occurrence $ aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 5/91 E 0 Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Newport Pier and Balboa Pier Repair (Contract No. 3093) Project Title and Contract No. This endorsement is effective at 12:01 a.m. and forms a part of Policy No. of (Company Affording Coverage). Insured: Endorsement No.: ISSUING COMPANY By: Authorized Representative 5/91 0 0 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 12 With respect to such insurance as is afforded by the policy for Automobile 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 said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage." 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 Multiple Limits or Single Limit: 5/91 () Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability () Combined Single Limit Bodily Injury Liability & Property Damage Liability per person $ per accident The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage 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. E 0 Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Newport Pier and Balboa Pier Repair (Contract No. 3093) Project Title and Contract No. This endorsement is effective at 12:01 a.m. and forms a part of Policy No. of (Company Affording Coverage). Endorsement No.: ISSUING COMPANY Authorized Representative 5/91 • 0 Page 13 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 5/91 Date JOHN S. MEEK COMPANY, INC. Name of Contractor (Principal) 3093 Contract Number Authorized Signature and Title Newport Pier and Balboa Pier Repair Title of Project •► Cw u Page 14 THIS AGREEMENT, entered into this 13 day of May , 1997 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and JOHN S. MF'._F.K COMPANY, INC. _ hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Newport Pier and Balboa Pier Repair Title of Project 3093 Contract No. B. Contractor has been determined by City to be the lowest responsible 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: Newport Pier and Balboa Pier Repair 3093 Title of Project Contract 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 One hundred twenty seven thousand, three hundred and forty Dollars ($ 127,340.00 1. This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 5/91 Page 14A 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) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Newport Pier and Balboa Pier Repair 3093 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active 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 written above. ATTEST: CITY CLERK 5/91 CITY OF NEWPORT BEACH A Municipal Corporation By: C M or JOHN S. MEEK COMPANY, INC. dame of Contractor Signature and Title a S. Meek, President 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT PIER AND BALBOA PIER REPAIR CONTRACT NO. 3093 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.1 General 1 2 -6 WORK TO BE DONE 1 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 2 5 -2 PROTECTION 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 2 OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 2 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Day 3 6 -7.4 Working Hours 3 6 -9 LIQUIDATED DAMAGES 3 SECTION 201 201 -1 201 -1.1 201 -1.1.2 201 -1.2 201 -1.2.1 201 -2 201 -2.4 PART 2--- CONSTRUCTION MATERIALS CONCRETE, MORTAR, AND RELATED MATERIALS 7 PORTLAND CEMENT CONCRETE 7 Requirements 7 Concrete Specified by Class 7 Materials 7 Portland Cement 7 STEEL REINFORCEMENT FOR CONCRETE 8 Wire Mesh Reinforcement 8 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -4 WORKER'S COMPENSATION INSURANCE 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.8 Steel Plates 4 7 -8.9 Solid Waste Diversion 4 7 -9 PROTECTION AND RESTORATION OF EXISTING 4 IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4 -1 Safety Orders 5 7 -15 CONTRACTOR LICENSES 5 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 9 -3.2 Partial and Final Payment 7 SECTION 201 201 -1 201 -1.1 201 -1.1.2 201 -1.2 201 -1.2.1 201 -2 201 -2.4 PART 2--- CONSTRUCTION MATERIALS CONCRETE, MORTAR, AND RELATED MATERIALS 7 PORTLAND CEMENT CONCRETE 7 Requirements 7 Concrete Specified by Class 7 Materials 7 Portland Cement 7 STEEL REINFORCEMENT FOR CONCRETE 8 Wire Mesh Reinforcement 8 PART 3 - -- CONSTRUCTION METHODS SECTION 302 ROADWAY SURFACING 10 302 -6 0 0 10 SECTION 204 LUMBER AND TREATMENT 8 SECTION 303 WITH PRESERVATIVES 11 204 -1 LUMBER AND PLYWOOD 8 204 -1.1 Kinds 8 204 -1.1.2 Douglas Fir 8 204 -2 TREATMENT WITH PRESERVATIVES 8 204 -2.2 Wood preservatives 8 SECTION 205 PILES 8 205 -1 TIMBER PILES 8 205 -1.1 General 8 205 -1.4 Pile Wrap 9 SECTION 210 PAINT AND PROTECTIVE COATINGS 10 210.3 GALVANIZING 10 210.3.1 General 10 210 -3.5 Repair of Damaged Zinc Coating 10 PART 3 - -- CONSTRUCTION METHODS SECTION 302 ROADWAY SURFACING 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302 -6.1 General 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 11 303 -1 CONCRETE STRUCTURES 11 303 -1.7 Placing Reinforcement 11 303 -1.7.4 Welded Wire Fabric 11 SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION 11 305 -1 PILE DRIVING 11 305 -1.1 General 11 305 -1.4 Driving 11 305 -1.5 Bearing 11 305 -1.6 Cutoff and Extension 12 305 -2 TIMBER STRUCTURE AND TIMBER 12 CONSTRUCTION 305 -2.1 General 12 0 0 SPlof12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT PIER AND BALBOA PIER REPAIR CONTRACT NO. 3093 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing Nos. H- 5147 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 edition, including Supplements; and (4) The Standard Specifications for Public Works Construction 1994 edition, including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.1 General. Add to this section " The City shall make Pier Inspection reports, dated in June 1996, and the 1940 construction plans for Newport Pier (H- 4957 -S) and Balboa Pier (H- 4958-S) available to the Contractor, upon request, at the Public Works Department." 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing and replacing existing pier pilings, bracing, damaged curb, hairpin connectors; and other incidental items of work. " SP2of12 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to inspection by the City's inspector and /or Representatives, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Specifications and these Special Provisions. When in the opinion of the Engineer, additional tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add to this section " Electrical, water, sewer, gas and telephone services shall be maintained at all times to the restaurants, deck lighting, and the Newport Pier Lifeguard Headquarters. If the existing utilities interfere with construction, the Contractor shall submit drawings to the Engineer for approval showing methods, material, and sequences of operation for maintaining utility services." SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section " No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to reschedule to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work in additional locations until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job." 0 9 SP3of12 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section "The Contractor may not start any work until September 15, 1997. Piles shall be available for installation by September 15, 1997. The Contractor shall complete all work under the Contract within thirty five (35) consecutive working days, but no later than November 17, 1997." "The term "work" as used herein shall include all removals, adjustments, replacements, installations and construction of P.C.C. improvements. Also included within the specified period is curing time for new P.C.C. improvements. The Contractor shall employ sufficient labor and equipment to meet his construction schedule. If it becomes apparent during the course of the work that Contractor will not be able to meet his schedule, he will be prohibited from starting additional work until he has exerted extra effort and demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional labor and equipment were required on the job. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned, continuous sequence so as to minimize the time the piers are closed to the public." 6 -7.2 Working Day. Revise 3) to read any City Holiday, defined as January 1st, the third Monday in February (President's Day, the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 1 Ith (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1 st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are 7:00 a.m. to 4:30 p.m., Monday through Thursday and 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than 4:30 p.m. (up to 6:30 p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for overtime inspection costs when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read "For each consecutive calendar day in excess of the time periods specified herein for completion of work at each site or for completion of all work under the Contract, as adjusted in accordance with Section 6 -6, the Contractor shall pay to the Agency, or have withheld from moneys due it, the daily sum of $350.00." Revise paragraph two to read "Execution of the Contract shall constitute agreement by the Agency and the Contractor that $350.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." 0 0 SP4of12 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, prepalanned, continuous sequence so as to minimize the time that the work impacts the public use and enjoyment of the piers. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -4 WORKER'S COMPENSATION INSURANCE. Add to this section "The Contractor shall provide insurance which complies with the United States Longshoremen and Harbor Worker's Act, which provides for benefits greater than the standard Worker's Compensation benefits." 7 -8 PROJECT SITE MAINTENANCE. 7 -8.5 Temporary Light, Power and Water. Add to this section "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.8 Steel Plates. The City can provide a limited quantity of 1 -inch thick, 5' X 10' steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. There is a $100.00 deposit for use of the City's lifting eye fitting for the use of trench plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must contact the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. 7 -8.9 Solid Waste Diversion. Unless specified elsewhere in this contract, all non- reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section "Vehicles used on the piers shall not exceed a gross weight of 10,000 pounds, nor shall an axle load exceed 8,000 pounds unless the vehicle /equipment is driven over timber mats or other means of distributing equipment loads in a uniform manner. The Contractor shall place 4' X 8' plywood sheets adjacent to the work area to control staining and spillage of materials on the existing improvements. i i SP5of12 The Contractor shall submit to the engineer for prior approval a written plan for distributing equipment loads over the pier. Any damage done by the Contractor to the existing structures shall be repaired at the Contractor's sole expense. In addition, the Contractor will only be allowed to operate or park equipment on the piers which will be used that day." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section "The Contractor shall provide traffic control and access in accord with Section 7 -10 and the Work Area Traffic Control Handbook (WATCH). The Contractor shall maintain a minimum 12 -foot wide lane for vehicular and pedestrian traffic, for the public and vendors, to the pier restaurants and to the Newport Pier Lifeguard Headquarters at all times. In addition no equipment, materials, etc. may be stockpiled on the piers. All removals shall be cleared from the piers each day and the area left free and safe for vehicular and pedestrian travel. Emergency vehicles shall not be blocked from traversing the length of the pier." 7 -10.3 Street Closures, Detours, Barricades. Add to this section "Two weeks prior to commencing work on the piers, the Contractor shall submit to the Engineer for approval a written plan for vehicular barricading and pedestrian safety." 7 -10.4 Public Safety. 7- 10.4 -1 Safety Orders. Add to this section 'The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Any vehicles necessitating travel in reverse shall have, with or without a backing alarm, a walking guide or flagman." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 0 9 SP6of12 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. The stamped set of approved plans and specifications shall be on the jobsite at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' correction plans shall be verified by the Engineer prior to final payment or release of any bonds. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT. 9 -3.1 General. Revise paragraph two to read "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for related items of work. The following items of work pertain to the bid items included within the proposal: Item No. 2 Remove Existing and Install New Cross Braces: Work under this item shall include the removal of existing damaged or deteriorated timber cross braces, furnishing new timber cross braces and installing new timber cross braces. Item No. 3 Remove Existing and Install New Diagonal Braces: Work under this item shall include the removal of existing damaged or deteriorated timber diagonal braces, furnishing new timber diagonal braces and installing new timber diagonal braces. Item No. 4 Remove Existing and Install New Hairpins: Work under this item shall include the removal of existing damaged or deteriorated hairpins, furnishing new hairpins and installing new hairpins. Item No. 5 Install Deck Drains: Work under this item shall include sawcutting and removing PCC /timber decks, furnishing and installing new drain pipe, and replacing PCC deck for the installation of new deck drains. 0 SP7of12 Item No. 6 Remove Deteriorated Curb, Clean, Repair & Reconstruct Curb: Work under this item shall include removal of deteriorated portions of curb, furnishing and installing all material including, but not limited to, cleaning the reinforcing bar , applying epoxy and patching back with new PCC to reform the curb. Does not include deck replacement. Item No. 7 Remove Existing and Install New Piles: Work under this item shall include removal of existing deteriorated pilings, furnishing and installing new wrapped treated pilings and all material including, but not limited to, sawcutting, deck removal, connection of bracing. Does not include replacing the portions of PCC timber deck that was removed for the pile replacement. Item No. 8 Remove Existing and Construct New PCC Deck: Work under this item shall include removal of existing PCC/timber deck and the reconstruction of new PCC/timber deck and all material including, but not limited to, sawcutting, deck removal, installation of wire reinforcing and construction of new concrete deck. Item No. 9 Repair or Install New Blocking: Work under this item shall include securing of existing loose blocking (bridging) or installation of new 2" X 4" rough fir blocking (bridging) between stringers under the piers with 20d galvanized nails. 9 -3.2 Partial and Final Payment. Add to this section 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE. 201 -1.1 Requirements. 201 -1.1.2 Concrete Specified by Class. Add to this section "All Portland Cement Concrete shall be class 560 -C -3250 only ". 201 -1.2 Materials. 201 -1.2.1 Portland Cement. Add to this section "All Portland Cement shall be Type V only." 0 201 -2 STEEL REINFORCEMENT FOR CONCRETE. E SP8of12 201 -2.4 Wire Mesh Reinforcement. Add to this section "All wire mesh reinforcement shall be 6" X 6" No.8 galvanized WWM." SECTION 204 - -- LUMBER AND TREATMENT WITH PRESERVATIVES 204 -1 LUMBER AND PLYWOOD. 204 -1.1 Kinds. 204 -1.1.2 Douglas Fir. Add to this section "All new bracing, stringers, blocking and timber members shall be "Dense No. 1" Rough -Cut Douglas Fir and pressure treated in accordance with AWPA Standard C2. The preservative shall be Pentachlorophenol Light Solvent with 0.6 pcf retention by assay. The penetration of pentachlorophenol shall be determined using the penta -check method, Section 5, AWPA Standard A -3. If the Contractor elects to leave a damaged stringer in place, a new stringer shall be installed adjacent to the damaged stringer. The method of installation shall be approved by the Engineer. In addition, all damaged stringers with dry rot shall be replaced." 204 -2 TREATMENT WITH PRESERVATIVES. 204 -2.2 Wood Preservatives. Add to this section "All applications of pentachlorophenol for field treating purposes of all cuts, holes and damaged members shall be thoroughly brushed on in two coats in accordance with AWPA Standard M4. Pile replacements shall be prewrapped with 0.15" min. thickness polyethylene wrap and dual treated with pentachlorophenol prior to construction. Preservative treatments shall be in accordance with the America Wood Preservers' Association standards C2 (above ground exposure). In addition, all cuts bore holes (except predrilled nail holes), and damage to members after plant treatment shall be thoroughly saturated with a field preservative solution in accordance with AWPA Standard M4. All non - prefabricated holes, such as those for sway bracing, drift pins, etc., shall be treated with preservative in accordance with AWPA Standards M4 and C2, and shall be of a size that will assure a driving fit." SECTION 205 -- -PILES 205 -1 TIMBER PILES. 205 -1.1 General. Add to this section "The pile lengths listed in the attached work schedule are 3 feet longer that the existing piles to allow for trimming and installation through the deck. 0 0 SP9of12 All piling shall have 3 steel bands applied after being treated. The bands shall be in 1 1/4 inch wide, 0.031 inch thick cold - rolled steel, fully heat treated, painted and waxed. The strap shall encircle the pile once, tensioned as tight as possible, and clipped with a 2 1/4 inch long, 20 gauge clip, crimped twice with a notch -type sealer. The straps shall be located at 18- inches and 24- inches from the butt end and 12 inches from the tip end." 205 -1.4 Pile Wrap. The Contractor shall prewrap all preservative treated pile replacements with pre -cut, predrilled, and prefabricated high density polyethylene wrap prior to pile installation. The polyethylene wrap shall be formulated to provide maximum resistance to long- term exposure to marine organisms, rot and decay of timber piles. The polyethylene wrap shall be black in color, smooth, free of wrinkles, pinholes and other irregularities. The materials used in the pile wrap shall be: 1) Polyethylene wrap- -The polyethylene wrap shall be 0.15" min. thickness Poly-pine Piling Covers in kit form as manufactured by Tunnel Manufacturing, Inc., or approved equal. 2) Nails- -The nails shall be stainless steel nails with a 0.20inch shank diameter, 7/16 -inch head diameter with a minimum head thickness of 0.05 inch, and have a minimum length of 4 inches. 3) Foam Seals - -The foam seals shall be polyurethane foam (1/2" X 2 ") with an adhesive backing strip on one side only as manufactured by Tunnel Manufacturing, Inc., or approved equal. The piles shall first be treated. The pile shall then be cleaned of all surface protrusions such as nails, bolts, protruding knots, large splinters and any other surface conditions that might adversely affect a snug fit or could cause an excessive deformation of the polyethylene wrap. After surface preparation is completed, all exposed untreated surfaces shall be retreated in the field with pentachlorophenol in accordance with AWPA Standard M4. The polyethylene wrap shall be installed per manufacture's specifications. Portions of polyethylene wrap shall be 14 feet long with 4 inch minimum overlap along longitudinal seam, 12 inch minimum overlap between transverse seams (wraps). The polyethylene wrap shall be tight, uniform and continuous throughout the length of cover, resulting in a smooth, wrinkle free, deformation free and airtight fit. The maximum gap between polyethylene wrap and pile shall be 1/4 -inch. After driving, the longitudinal joint of the wrap shall be on landside face of the pile and the polyethylene shall penetrate 5 feet minimum below the mud line. The polyethylene wrap shall be installed using a strap cinching device to assure a completely snug fit against the pile. L 0 SP 10 of 12 SECTION 210 -- -PAINT AND PROTECTIVE COATINGS 210 -3 GALVANIZING. 210 -3.5 Repair of Damaged Zinc Coating "All damaged galvanizing shall be treated in accordance with this section of the Standard Specifications. Hardware replacement costs shall be included in the unit prices for various bid items. Bolt replacements shall be 1" diameter with nuts and lock washers. Hardware shall be galvanized after cutting, forming, bending, welding or after being damaged." PART CONSTRUCTION METHODS SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.1 General. Add to this section "The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day. The Contractor shall remove and replace the existing concrete decking (including wire reinforcing), timber planking, bracing and appurtenances that may interfere with pile replacement, stringer replacement, etc. All removed unsalvageable material shall be disposed of at the Contractor's expense. Damaged or deteriorated timber members designated for replacement shall be carefully removed so as not to damage remaining adjacent members or their connections. All bracing and timber members which become damaged to accommodate pile or timber member installations shall be replaced at the Contractor's sole expense. No splicing of bracing will be allowed. The Contractor shall at all times maintain service and protect in place all existing utilities and conduits throughout the Newport and Balboa Piers. Joins to existing pavement lines shall be at 2 -inch minimum depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. Replacement portland cement concrete for the pier deck and curb shall be constructed with a light broom finish over 204 asphalt saturated felt. The epoxy resin adhesive and method of application when bonding all new concrete curb to existing concrete curb or bonding PVC drains to new SP 11 of 12 concrete decking shall be in accordance with Section 95 -2.03 of the Caltrans Standard Specifications. Epoxy manufacture's literature shall be submitted for the Engineer's approval." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -1 CONCRETE STRUCTURES 303 -1.7 Placing Reinforcement 303 -1.7.4 Welded Wire Fabric. Add to this section "Replacement reinforcing shall be overlapped with existing WWM not less than 6 inches between outermost cross wires." SECTION 305 -- -PILE DRIVING AND TIMBER CONSTRUCTION 305 -1 PILE DRIVING 305 -1.1 General. Add to this section "The Contractor shall attempt to remove the existing pile to be replaced. In the event that the Engineer deems such removal impossible, the Contractor shall cut off and remove the existing pile at 1 -foot minimum below the sand line. The replacement pile shall then be placed adjacent to the remainder of the existing pile and driven immediately adjacent to the former pile's position along the pile cap. Pile orientation is critical; therefore, special care shall be given to maintain proper orientation during jetting and driving. In addition, all piles, bracing and timber members shall be installed with new hardware which has been galvanized after fabrication." 305 -1.4 Driving. Add to this section " Care shall be taken to avoid damage to the piles when placing them in the leads and during the driving operations. Piles shall be laterally supported during jetting and driving, but shall not be unduly restrained from rotation in the leads. Special care shall be taken in supporting battered piles to prevent excess bending stresses in the piles. A driving helmet or cap including a cushion block or cap block of approved design shall be used to prevent impact damage to the pile. The driving helmet or cap shall fit snugly on the top of the pile so that the energy transmitted to the pile is uniformly distributed over the entire surface of the pile head. The cushion block shall be replaced if it has been damaged, split, highly compressed, charred or burned, or has become spongy or deteriorated in any manner. Under no circumstances will the use of small wood blocks, wood chips, rope or other material permitting excessive loss of hammer energy be permitted." 305 -1.5 Bearing. Add to this section "Minimum driven penetration of piles below jetted penetration or predrilled hole bottoms shall be 3 feet. The pile hammer shall develop a striking force of at least 15,000 ft. /lbs. and a maximum of 20,000 ft. /lbs." • 0 • SP 12 of 12 305 -1.6 Cutoff and Extension. Add to this section " The piles shall be fitted with a 16 -gauge galvanized disk and forced under the pile cap. The pile shall then be shimmed, if necessary, to maximize bearing under the pile cap with preservative treated shims, and secured with drift bolts and hairpins. 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 305 -2.1 General. Add to this section " All scarred existing timber or sawed timber decking shall be field treated with Pentachlorophenol. The Contractor shall minimize field drilling and cutting of lumber as it exposes untreated wood. Members shall be predrilled /precut whenever possible prior to preservative treatment in order to prevent splitting and pollution, and to insure a tight fit. All cuts, hole, and damaged members after plant treatment shall be field preservation- tested in accordance with AWPA Standard M4. The Contractor shall reinstall all loose blocking or install missing blocking by securing the blocking, in place, with 20d galvanized common nails. The Contractor will install a minimum of four (4) 20d galvanized nails, two (2) at each end, per each rough cut red wood 2" X 4" used in the blocking."