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Home My WebLink AboutC-3154 - Grand Canal Dredging and Bulkhead Buttresses (PW)July 12,1999 CIT� OF NEWPORT B41ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 AIS Enterprises 797 Rincon Hill Road P. O. Box 239 Carpinteria, CA 93014 Subject: Grand Canal Dredging, Eelgrass Transplant & Rock Buttresses (C -3154) To Whom It May Concern: On May 24, 1999, 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 had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on June 7, 1999, Reference No. 19990418841. The Surety for the contract is Intercargo Insurance Company, and the bond numbers are LB01 -13337 and LF01- 09981. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach 'Pacfe� �e INTERCARGO INSURANCE COMPANY 1450 East American Lane a 20th Floor ,M Schaumburg, Illinois 60173 -5458 1 -800- 394 -3924 LB01 -13337 B °ND NO. PUBLIC WORKS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the principal below) hereinafter referred to A i S Enterprises as Principal, , PO BOX 239,Carpinteria, CA 93014 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California , are held and firmly bound unto (Insert the full name and address of the obligee below) hereinafter referred to City of Newport Beach, Department of Public Works as obligee, 3300 Newport Blvd., Newport Beach, CA 92658 in the penal sum of (10 %) of the amount of the Bid, not to exceed [1081 of The Attached Bid - - - -- Dollars IS---- 10$ -- - -- I lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for (insert project description and location below) Grand Canal Dredging, Eelgrass Transplant & Rock Location :Newport Beach,California NOW,THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated this 22nd day of December 1998 (See/ it applicable) (Witness) -. (Witness) INBBL> (else) type name name and title) COMPANY Kenneth A. Coate !11111111111111 \\ (Name typed) SEAL `119 • 0 ALL - PURPOSE ACKNOWLEDGMENT State of California County of riverside ) On Oecember22 1998 before me, NalaiiaL. Madinez NolaryPubiic Name and Title of Officer - e.g., 'Jane Doe, Notary Public' personally appeared 1(e1717efhA. Coate, Aflomey /fl Fact Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his /her/theif authorized capacity(ies), and that by hislheOheif signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NATALIA L. MARTI N EZ COMM, NOTARY PUBLIC - CALIFORNIA N RIVERSIDE COUNTY xx My Comm. Ezpnoe Aup. 24, 200t J 0 Signature of Notary (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT: BID BOND Approval Code LIMITED POWER OF ATTORNEY Bond p INORCARGO INSURANCE C09PANY LBOI -13337 KNOW ALL MEN BY THESE PRESENTS: That the INTERCARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois, does hereby nominate, constitute and appoint, Kenneth A. Coale its true and lawful Attomeys -in -fact to make, execute, attest, seal, and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings. recognizences and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00 as required by Surely Obligees. Such bonds and undertakings, when duly executed by the aforesaid Attomeys -in -fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7,1997. "RESOLVED, That the signature of Stanley A. Galanski, as President of this Corporation, and the seal of this Corporation may he affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile zeal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the INTERCARGO INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 8th day of August, 1997. � SEALg# 4iiNOf� STATE OF ILLINOIS COUNTY OF COOK sa. INTERCARGO INSURANCE COMPANY � Sf BY: J PRESIDENT ATTEST. � SECFErARY On this 8A day of August, 1997, before me personally came Stanley A. Galanski to me known, who, being duly mom, did depose and say: that he is President of the Corporation described in and which executed the above instrumenO that he knows the seat of said Corporation; that the seal affixed to the aforesaid instrument is such corporate Baal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: mSEAL B HALTER ATE OF ILLNIOt1 MnE1:03/OBMO NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK m. 1, Michael L. Rybak, S foregoing is a full, true transcript therefrom ary IN WITNESS WHE day of ®ec6 ♦'� '0/seaar� � ^� �. SEAL -� a,. ®...' Ittam 30 INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and of Attorney issued by mid Company, and that I have compared same with the original and that it is a correct I and that the mid Power of Attorney is still in full force and effect and has not been revoked. stand and affixed the mat of said Company, at the City of Schaumburg, this 22nd xxv SECRETARY SEAL #119 ISSUED IN FOUR ORIGINAL COU�WARTS PREMIUM: IS INCLUDED 0 PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 BOND NO. LF01 -09981 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach. Stale of California. by motion adopted, has awarded to AIS Enterprises, hereinafter designated as the "Principal," a contract for construction of Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses, Contract No. 3154 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department 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. 3154 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in. upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety") are held firmly bound unto the City of Newport Beach, in the sum of two hundred twelve thousand nine hundred seventy five and no/100 dollars (3212 975.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severalty, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, of for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 0 PAGE 16 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 tight of action 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. And 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 12th day of January --.1999. A I S Enterprises Name of Contractor (Principal) Intercargo Insurance Company Name of Surety 1450 East American Lane 20th Floor Schaumburg, Illinois 60173 -5458 Address of Surety 800 - 394 -3924 Telephone — g n�Authorized At Signature Kenneth A. Coate Print Name and .4TH SEAL Al rpq NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST MWAUND 0 ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside ) On ✓anuan� >2. 1999 before me, NataiiaL. Martinez NotaryPub%c Name and Title of Officer - e.g., 'Jane Doe, Notary Public" personally appeared Kenneth A Coate AttomeyinFact Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his /he4their authorized capacity(ies), and that by hislherAheir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. J Signature of Notary NATALIA L. MARTINEZ COMM. #1152902 NOTARY PUBLIC - CALIFORNIA AS RIVERSIDE COUNTY My Comm. Expires Aug . 24, 2001 (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT: LABOR AND MATERIALS PAYMENT BOND %pproval Code •LIMITED POWER OF ATTORNEY • Bond M Yglumal■rman INTERCARGO INSURANCE COMPANY LF01-09981 KNOW ALL MEN BY THESE PRESENTS: That the INTERCARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois, does hereby nominate, constitute and appoint. Kenneth A. Coate its tree and lawful Attorneys -in -fact to make, execute, attest, seal, and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings. recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00 as required by Surely Obligees. Such bonds and undertakings, when duly executed by the aforesaid Attorneys -in -fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seer. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December. 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Power of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contrects of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to arrest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached.' Bonds executed under this Power of Attorney may be executed under facsimile signature and seat pursuant to the following Resolution adopted by the Board of Directors of the Company on August 7,1997. 'RESOLVED. That the signature of Stanley A. Gelanski, as President of ttds Corporation, and the seal of this Corporation my he mixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF, the INTERCARGO INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this Sth day of August, 1997. INTERCARGO INSURANCE COMPANY BY: i PRESmEarr ATTEST: aiiiio+s SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 86 day of August, 1997, before Ire personally came Stanley A. Galamki to me known, who, being duly sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seer of said Corporation; that the seal affixed to the aforesaid indmm nl is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said inset mm, by like order and authority: [MY OFFICIAL SEAL SAMANTHA B HALTER 7i1� OTARY PIAN.IC. STATE OF L11NON1 COMMISSION EXPe[Ea:0aNN00 NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK M. 1, Micheal L. R bskg,- OR, CARGO NC;81 m Y Y y RGO INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above e foregoing is a 1u11`2 alaTNai, er of Anomey issued by mid Company, and that I have competed seine with the original and that it is a correct tremcript theref of the whole inal and that the raid Power of Attorney is still in full force and effect and has not been invoked. IN WfTNESS�r �ya u.• any hand and affixed the teal of mid Company, at the City of Schaumburg, this a oil 12th say of _ L {aL•Ei• c� '. SEAL: SECRETARY titan SEAL +1119 ISSUED IN FOUR ORIGINAL CO1*.RPARTS r,,&UM IS PREDICATED ON O `ANAL PAGE 17 ,. Ft�ALCONTRACT PtucEAND CITY OF NEWPORT BEACH ;S SUBJECT TO ADJUSTMENT PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 BOND NO. LF01 -09981 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,324.00 , being at the rate of $-9§ —.0-0 aer thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted on, January 11. 1999 awarded to AIS Enterarises. hereinafter designated as the "Principal", a contract for construction of Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses, Contract No. 3154, in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department 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. 3154 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and AIS Enterprises, duly authorized to transact business under the laws of the State of California as surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred twelve thousand nine hundred and seventy five and no/100 dollars 0212 975.00 , lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by. and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on Its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then. Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. • • PAGE 18 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees. incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received. stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way 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. 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. tN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of _ January , 199. A I S Enterprises Name of Contractor (Principal) Intercargo Insurance Company Name of Surety 1450 East American Lane 20th Floor Schaumburg, Illinois 60173 -5458 Address of Surety 800- 394 -3924 Telephone Authorized Agent Signature Kenneth A. Coate Attorney in Fact Print Name and Title rsUs.I S l♦ Us. NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST 9FJ1 "6D i 10 ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside ) On ✓anuary 12. 1999 before me, NafaiiaL. Madinez No lub% Name and Title of Officer - e.g., "Jane Doe, Notary Public" personally appeared Kenneth A. Coale. AltomeyinFact Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) iskofe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his(her4heiF authorized capacity(ies), and that by his(her4heiF signature( &) on the instrument the person( &), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary IN 11T pL;:> L. MARTINEZ CvMh4. #1152902 pTAR7 UC - CALIFORNIA nIVFPE COUNTY ERgne Aug. 24. 2001 (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT: FAITHFUL PERFORMANCE BOND i RECORDING RtYk' g tDWAND WHEN RECORDED RETURN TO: City Clerk '99 Jl1N 11 Al :03 City of Newport Beach 3300 Newpo _ - BHk NE w 9 RT CLERK 0 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder No Fee 19990418841 10:24am 06/07/99 005 7023460 07 28 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees 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 AIS Enterprises of Carpinteria, California, as Contractor, entered into a Contract on January 11, 1999. Said Contract set forth certain improvements, as follows: 1 Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses, C -3154 ,V Work on said Contract was completed on April 8, 1999, and was found to be acceptable on May 24, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Intercargo Insurance Company. BY ( a� c Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 119 j l Q.( 1 ),% . l C/9 9 , at Newport Beach, California. IC]'/ �i �� C�' /✓� /J�1.r7z -�� •7 J F NEW,% City Clerk A CITY OF NEWPORT B?ACH May 26, 1999 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses (C-3154) Notice of Completion for the Corona del Mar Water Main and Alley Replacements (C -3191) Notice of Completion for the 1997 -98 Alterations and Refurbishing of the Police Facility (C -3217) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees 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 AIS Enterprises of Carpinteria, California, as Contractor, entered into a Contract on January 11, 1999. Said Contract set forth certain improvements, as follows: Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses, C -3154 Work on said Contract was completed on April 8, 1999, and was found to be acceptable on May 24, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Intercargo Insurance Company. BY (Za c Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 2, , /%,1 at Newport Beach, California. BYL,��, - IJ / Q.�I�C City Clerk �� 0 BY'fHt Clef CG'J"CIL CI-`(()FNS1;PCRi aY May 24, 1999 ? 4 - -- I CITY COUNCIL AGENDA APPROVED ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: GRAND CANAL BUTTRESSES, ACCEPTANCE RECOMMENDATIONS: DREDGING, EELGRASS TRANSPLANT AND ROCK CONTRACT NO. 3154 - COMPLETION AND 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On January 11, 1999, the City Council authorized the award of Grand Canal Dredging, Eelgrass Transplant and Rock Buttresses, Contract No. 3154 to AIS Enterprises of Carpinteria, California. The contract provided for the dredging and resloping of the Grand Canal, collecting and transplanting eelgrass within the canal channel, and the rebuilding /construction of rock buttresses at the canal entrances. 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: $212,975.00 Actual amount of bid items constructed: 203,558.68 Total amount of change orders: 5,850.00 Final contract cost: $209,408.68 The decrease in the amount of actual bid items constructed over the original bid amount resulted from a decrease of actual bid item quantities as measured in the field. The final overall construction cost, including change orders, was 1.7% below the original bid amount. SUBJECT: Grand Canal Dredging, ss Transplant And Rock Buttresses, Contract N - Completion And Acceptance May 24, 1999 Page 2 A total of two (2) change orders were issued to complete the project. They were as follows: 1. A non - compensatory change order provided for a 22 working day time extension to complete the project due to adverse tides. 2. A change order in the amount of $5,850.00 provided for the placement of additional rock dissipaters at the Grand Canal Bridge and extra cost for additional time to truck import sand, due to the Balboa Island Bridge lane closure. Funds for the project were budgeted in the Tide & Submerged Land Fund - Account No. 7231- C5100385 (Grand Canal Dredge /Bulkhead). The contract completion date, including the time extension, was April 1, 1999. Due to inclement weather, the project was not completed until April 8, 1999. Respgctfully s fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Horst Hlawaty, P.E. Construction Engineer F: \Usem\PBw\Shared \COUNCIL \FY98- 99\May -24 \Grand Canal C- 3154.doc CALIFORNIOPPRELIMINARY 20 -DA NOTICE C' ' 3�Si (PUBLIC AND PRIVATE WORIQ IN ACCORDANCE WITH SECT QN 7 )ND 3098, CALIFORNIA CIVIL CODE RE G YOU ARE HEREB OT E:D- JQ7 THAT... CONSTRUCTION LENDER or 6 p9 :29 Reputed Construction Letter, My — r NqW e� L Daft�'�g� s1 _pk s -FOLD HERE 0 Maya ❑ CouncR Member Manager r�ttnrney -- &wner— or ❑ or Repute Owner (on private work) r v a. oc.�i BF FICE OF THE CI 17 CLE� has furnished or will furnish IaDOr, sere' equipment or materials of CITY nit, s'`WVORT BEACH the following general description: gellCgl OLSC Ip gI1011M IiUM, SCrvKeS, lyV kor malawls Immsnea of to a Iwmsnea Ta 7ata/ m 1 for the building, structure or other work of improvement located at r••i ua es a escnpoo I o sit " still, 'em m, q 1, ,om PUBLIC AGENCY (on public work) FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor r 4,r� p�- eox � 9 L � J On the lz day served the CALIFORNIA PRE The name of the person or firm who contracted for the purchase of such labor, services, equi�pm��enff or materials. /J�^ �i-4 & �- {}S��/�/'7�t', 5e;c ��virf NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment. or materials furnished or to be furnished, a mechanic's lien leading to the loss. through court foreclosure proceedings, of all or pan of your prop- erty being so improved may be placed against the property even though you have paid your contractor in full. YOU may wish to protect yourself against this consequence by (11 requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. The person or firm giving this notice Is required- pursuant to a couecc live bargaining agreement. to pay supplemental fringe benellts Into an express trust fund (described in Civil Code §31 t 1) said fund Is Idem tified as follows. Istrike If Inapplicable) ailed this ate: w — qu IW^ature ItirM An estimate of the total price of the labor, servicest.,quipment or materials furnished or to be 1 nished is'. s I A?J/ �d DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE , 4n Accordance With §3097.1(c) and 3098, California Civil Code placing a true copy thereof lr"1L ,J , 19V at a 20 -DAY NOTICE on the interested parties as follows: (Check applicable box.) in a sealed envelope with or Declarant in the United States jjl. 'fgigfegrIl i1'x"fr, wit/// R WK— tMLJ'/fAMflW/,1I /LtillJli� CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code §3262(d)(3)] Upon receipt by the undersigned of a.check from in the sum of $ payable to and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the located at This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ Before any recipient of this document relies on it, the party should verify evidence of payment to the under- signed. Dated: NOTE: CIVIL CODE SECTION 3262(d)(3) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check orjoint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES (for a unconditional waiver and release upon final payment use Wolcotts Form 32624 or 32624D) WOLCOTTS FORM 32623 -CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT - REV. 3.94 Pace doss 6-2P) 7 IIIII67775 52623 I I III 3 0994 WOLCOrTS FORMS INC. THE UNDERSIGNED HAVE PERFORMED LABOR FOR WAGES ON THE PROJECT DESCRIBED ON FACE OF FORM AND HAVE BEEN PAID IN FULL TO DATE ($rgva: ere Of Individual Performing Labor Fbr Wages) iDate) (Slgnalore Of Individual Performing Labor For Wages) (Dale) (Signature Of Individual Pedorming Labor For Wages) (Dale) (Signature Of Individual Performing Labor For Wages) (Date) (Signature Of Individual Performing Labor For Wages) (Date) (Signatwe Of Individual Performing Labor For Wages) (Dare) (Dare: (Date) ;Signature Of Individual Performing Labor For Wages) (Dale) Por Wages) (Date! (Signature Of Individual Perlormrng (Signarure Of Individual Performing Labor For Wages) (Dale) ( Signature Of Individual Performing Labor For Wages) (Date) (Dare: (Date) (Signature Of Individual Performing Labor For Wageaf (Date) Por Wages) (Date! (Signature Of Individual Perlormrng (Slgnamre Ol Individual Perlormrng Labor For Wages) (Dale) ( Sgneture Of 3ndveiduaf Performing Labar For Wages) (Date) !Signature Of Individual Performing labor For Wages) (Data) (Dare: (Date) (Signature Of Individual Performing Labor For Wages) (Dale) ;Signature Of Individual Performing Labor For Wages) (Date) ISignalure Of fnobvidoa! Par',",.; LaLoe Fm 'Nagel) (Dare: (Date) ( Signature Of hdrvldual F'e?orrn,gg Labc-r Por Wages) (Date! (Signa rde Of Individual Performing Labor For Wages) (Date) (Signature Of Lusr,,drab Performing Labor For Wagas) (Dale) Perform Mg Labor For Wages) 10ate) (Signaru(e Of loormdual Performing labor For Wages) (Datei ( Signaure Of Individual Performing Labor For Wages) (Date) Of Individual Performing Labor For Wages) LDa :e) (Signature Ot lndrvldual Perlormmg Labar For Wages) (Date) (Date) (Signa Nre of Individual Performing Labor For Wages) (Da!e) (Signature Of Individual Perlormrng Lebo, For Wages) (Data) (signature Of urmvidua! Performing Labor For Wages) IDeie) I Signature Of brdvrduai Performing Labor For Wages) )Dater (Date) (Signarure OI lndvviural Performing Labor For Wages) (betel (Signature Of Individual Perlormrng Lebo, For Wages) (Data) (Signature Of hub, dial Peforming Labor For Wages) (Data,' (Signature Of Individual Performing Labor For Wages) (Pate) (Signatwe Of Individual Performing Labor For Wages) (Data) (Signalers, Of )nbividual Pertermmg Labor For Wages) (Date) (Signature Of Individual Performing Labor For Wages) (Date) (Signature Of Individual Perlormrng Lebo, For Wages) (Data) (Signature Of Individual Performing Labor For Wages) (Dale) ( Signature Of Individual Performing Labor For Wages) (Gate) BE SURE TO COMPLETE OTHER SIDE CALIFORNI *RELIMINARY 20 -DA *NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3099, CALIFORNIA CIVIL CODE (961) ;Z %2 x.02 (J --YOU ARE HEREBY NOTIFIE D THAT... a CONSTRUCTION LENDER or Reputed Construction Lender, it any IT 1'a TTT ❑�� v C= `- LL U.1 �c fr Owe& = ?- or PUBLIC AGENCY or Reputed L[ r (on public work) (on private work) I r c E All a rteew,�f-4 1 ark L /vat,' oo1-4CeaeA.G a�1�� J FOLD HERE has furnished or will furnish labor, services_Wipment or materials of the following general description. -72. re„ ,/J wnt cts. eawpmem 01 mneais romisneE or to or wrnisnea for the building, structure or other work of improvement located al The name of the person or firm who contracted for the oum/T labor, services, equipment o materials A' Q� NOTICE TO PRO ERTY OWNER 11 bills are not paid in full for the labor, services, equipment. or materials furnished at to be fumished, a mechanic's lien Wading to the loss, through court foreclosure proceedings, of all or pan of your prop- erty being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person at firm giving you this notice belote making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement. to pay supplemental fringe benefits into an express trust fund (described in Civil Code §31 t I ) said fund is men - tified as follows. (strike if inapplicable) laaeswal ORIGINAL CONTRACTOR or Reputed Contractor Mailed th s date: r the total otbl - ,/t M estimate of the r to peke of the s: , s ices. equipment a materials furnished or to De furnished is: C P iay �39 L I3 J Ufe,tRegaa4ed DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE InlAccordance With §3097.1(c) and 3098, California Civil Code I. Do%1'7 Na bectare. On the day of 'tf- 1 1iI� , at m., Declarant served thee LIFORNIA PRELIMINARY 20 -DAY NOTICE on the interested parties as follows :. (Check applicable box.) 'S�By placing a true copy thereof enclojell in a seated envelope with first-class registered or certified postage prepaid In the Uniteb States mail at 44VA40 VIV N Ur(Y1 eJ-� c� , addressed as follows: a ] Date a Copies Sent Tw ❑ Mayor L❑ C Council Member ❑ Manager Y F riorn J O r r2 v r- p I r c E All a rteew,�f-4 1 ark L /vat,' oo1-4CeaeA.G a�1�� J FOLD HERE has furnished or will furnish labor, services_Wipment or materials of the following general description. -72. re„ ,/J wnt cts. eawpmem 01 mneais romisneE or to or wrnisnea for the building, structure or other work of improvement located al The name of the person or firm who contracted for the oum/T labor, services, equipment o materials A' Q� NOTICE TO PRO ERTY OWNER 11 bills are not paid in full for the labor, services, equipment. or materials furnished at to be fumished, a mechanic's lien Wading to the loss, through court foreclosure proceedings, of all or pan of your prop- erty being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person at firm giving you this notice belote making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. The person or firm giving this notice is required, pursuant to a collec- tive bargaining agreement. to pay supplemental fringe benefits into an express trust fund (described in Civil Code §31 t I ) said fund is men - tified as follows. (strike if inapplicable) laaeswal ORIGINAL CONTRACTOR or Reputed Contractor Mailed th s date: r the total otbl - ,/t M estimate of the r to peke of the s: , s ices. equipment a materials furnished or to De furnished is: C P iay �39 L I3 J Ufe,tRegaa4ed DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20 -DAY NOTICE InlAccordance With §3097.1(c) and 3098, California Civil Code I. Do%1'7 Na bectare. On the day of 'tf- 1 1iI� , at m., Declarant served thee LIFORNIA PRELIMINARY 20 -DAY NOTICE on the interested parties as follows :. (Check applicable box.) 'S�By placing a true copy thereof enclojell in a seated envelope with first-class registered or certified postage prepaid In the Uniteb States mail at 44VA40 VIV N Ur(Y1 eJ-� c� , addressed as follows: CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code §3262(d)(3)] Upon receipt by the undersigned of a check in the sum of $ payable to or and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of located at "' ' 42a 1 0 W — — — -- Gzd lkl'Q, 10 GZ L.� y 1 This release covers the final paymef(t o the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ Before any recipient of this document relies on it, the party should verify evidence of payment to the under- signed. Dated: — NOTE: CIVIL CODE SECTION 3262(d)(3) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check orioint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES (for a unconditional waiver and release upon final payment use WolcottS Form 32624 or 32624D) 7 IIIII67775 526211 I III 3 WOLCOTTS FORM 32623 - CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT - REV, 3 -94 V994 WOLC07S FORMS INC (Pnca class 6 2P( • • THE UNDERSIGNED HAVE PERFORMED LABOR FOR WAGES ON THE PROJECT DESCRIBED ON FACE OF FORM AND HAVE BEEN PAID IN FULL TO DATE (S +gnaw", Of )ndrordual Perorming (Signature Of Individual Pedarming Labor For Wages) (Dale) (Signature Of Individual Performing Labor For Wages) (Date) (Signature Of Individual Performing L. abor For (Signature Of individual Performing Labor For Wages) (Date) (Signature Of lndrvidual Performing Labor For Wages) (Date) (Slgnamre Of Individual Pedormmg Labor For Wages) (Oat.) (Signature Of lndividual Performing Labor For Wages) ;Date) Individual Performing Labor For Wages) (Data) (Signature Of Individual Performing Labor For Wages) (Date) (Signature Of Individual Perlormmg Labor For Wages) (Dare) (Signature Of individual Pedormmg Labor For Wages) (Date) (Signature Of Individual Performing Labor For Wages) (Date) Of individual Performing Labor For Wages) (Date) ( Signature Of Individual Pedormmg Labor For Wages) (Signature Of Individual Performing Labor For Wages) (Date) (Signature Of Individual Performing Labor For Wages) (Date) (Signature Of Individual Performing Labor For Wages) (care) ( Sgnature OI L dividuai Partormmg Labor For Wages) lDowt ( Signature OI lndrvidual Pertmm_;ng Luba, rut Wages) (Date" (Signature Of lndividual Performing Labor For Wages) (Dare) "Signature Of ]ntlrvldual Performing Labor For Wages) (Dare) (Signature Of lndividual Performing Labor For Wages) (Dare) (Signature Ot Individual Performing Labor For Wages) (Data) (Signature Of Inorviduaf Perloom.g Labor For Wages) (Date) (Signature Of Indrviduaf Performing Labor For Wages) (Dare) Ol fodindva: Performing Labor Far Wages) (Dare) (Signature 01 indfmduai Performing Labor (Signature Of morviduel Performing Labor Far Wages) (Date) ( Signaure Of Individual Performing Labor For Wages) (Darer (Signature Of individual Performing Labor For Wages) (Data) (Signature Or lndrvidual Performing Labor For Wages,) (Stgnamre Of lndivdual Performing Labor For Wages) !Gate) (Signature Of lodivrdua" Performing Labor For Wages) (Slgnaruie Of lndrvidual Pedormmg Labor For Wages) (Dar.) (Signature Of ladinoval Performing Labor For Wages) (Dare) BE SURE TO COMPLETE OTHER SIDE l a4 >40HIL CERTIFICA 01/12/99 OF LIABILITY INSURA CE ATE D01 /1219 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE STRACHOTA INSURANCE AGENCY"— 43500 Ridge Park Dr Suite #203 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR f']- . 1 :� _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Temecula CA 92590 1 COMP Y •� +� %� ' .I �;ild`.i I A UNITED CAPITOL INS. CO. I INSURED COM Y AIS Construction Company ; PO Box 239 PUDLIC WORKS NT`V 1PORT' B,_ EACHCAI B Y Carpinteria CA 93014 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE 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 CONTRACT OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMNDm) POLICY EXPIRATION DATE (MM,ODIYr) OMITS A GENERAL UABILITY GLAA1300912 02i12198 02112i99 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPIOP AGG $ 1,000,000 AIMS MADE O OCCUR PERSONAL d ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 O RS & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 1,000 pAOBILE LIABILITY COMBINED SINGLE LIMIT $ A- ANY AUTO BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NONOWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ —N EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE S UMBRELLA FORM $. OTHER THAN UMBRELLA FORM WORMERS COMPENSATION AND EMPLOYERS' LIABILITY WC SA T RY LIMITS R EL EACH ACCIDENT $ THE PROPRIETOR' INCL PARTNERSEXECUTNE EL DISEASE POLICY LIMIT $ EL DISEASE EA EMPLOYEE $ OFFICERS ARE: EXCL OTHER (: FIC HD UEH NMAE �EEsITIvTIDNA�. EoaERLA_ rloNSa _pcgTDiASEADUIIICWaLITIINSUFiED REGARDING GENERAL LIABILITY POLICY PER ENDORSEMENT TO BE ISSUED BY COMPANY / 'EXCEPT FOR NCNPAY THEN 10 DAYS 011299GL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MALL 3390 NEWPORT BLVD 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEWPORT BEACH CA 92W3 BUr FAILURE TO MAIL'SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENT R PRESENTATNES AUTHOR] A / Endorsement No: 9 GENERAL CHANGE ENDORSEMENT This endorsement forms a part of the Policy to which attached, effective from its da of issue unless otherwise stated herein. Polic Number: GLAA1300912 Policy Period Inception: 02 -12 -98 Issued to: AIS CONSTRUCTION COMPANY Expiration: 02 -12 -99 Effective from: 1 -14 -99 12:01 A.M. Standard Time In consideration of additional premium of: Provided By: General Liability 50.00 UNITED CAPITOL - GL /BD 100.00% Total Amount 50.00 IN CONSIDERATION OF THE ADDITIONAL PREMIUM OF $50.00, IT IS HEREBY UNDERSTOOD AND AGREED THAT FORM CG 2010 10/93 IS ADDED PER THE ATTACHED. AUTHORIZED REPRESENTATIVE SIGNATURE All other terms and conditions remain unchanged. PREMIUM $ O . o G STATE FAX FEE 3% g ` 6 STAMPING FEE .35% $1 "RONERS FEE $ Received Hunan Resources C;iti of Newport Beach I i Issued: 1 -18 -99 Trinity E &S Insurance At: Bermuda Dunes CA 92201 STRACHOTA INS AGCY 43500 RIDGE PARK DRIVE 4203 TEMECULA CA 92590 DEF -0011 990118 -0023 -0001 OMI -=001 9408 ORIGINAL �II Inp �v 805 962 2114 01/0,8/99 LION 15:05 FAX 805 1 2114 COAST TRANSPORT 0 001 .... _..... 1/18199 , PRooucEp' ' - FALTER TIFICATE IS ISSUED AS A MATTER OF INFORMATION COAST TRANSPORT INSURANCE SERVICE D CONFERS NO RIGHTS UPON THE CERTIFICATE PHONE: 805-962-0800 SURNSCESE85I THIS CERTIFICATE DOES NOT AMEND, EXTEND OR E COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 21157 COMPANIES AFFORDING COVERAGE SANTA BARBARA, CA. 93121 ROGRESSIVE NORTHWESTERN —. -- -- I' _ INau WD ANDY 1. SHEAFFER. _.... COMPANY B A 1 S ENTERPRISES COMPANY C P.O. BOX 239 — COMPANY CARPINTERIA CA 93014 D _ THIS IS TO CERTIFY THAT THE 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 CONTRACT OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.— CO, ^TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR' DATE (MM /DD/TY) DATE IISW0D1YY1 GENERAL LIABILITY GENERAL AGGREGATE S PRCOUCTS- COMP/OPAGG S COMMERCIAL GENERAL LIABILITY PERSONAL A ADV INJURY _ s �CLAIMS MADE [1 OCCUR EACH OCCURRENCE S _ —. _ I OWNERS B CONTRACTOR'S PROT FAZE DAMAGE (AM one fire) s j �.._ _....._.. ...____ MEDEXP(Any."Mn) i AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT s 1,000,000 ANY AUTO i A ALL OWNED AUTOS SCHEDULEGAUTOS CA 0920518 -0 ! ]/15/99 1 /1 } /OD !i�lanon)RY X / HIED AUTOS BODILY INJURY (PW ACPIDKM i ---- -. NON.OWNED AUTOS .._ PROPERTY DAMAGE s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT It OTHER THAN AUTOONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE IS GICESB LIABILITY EACH OCGVRNENCE 1 �__ .. AGGREGATE i UMBREUA FORM - - -- i OTHER THAN UMBPELIA FORM WORKERS COMPENSATION AND STATUTORYUMITS _ EACH ACCIDENT i EMPLOYE0.4' LIABILITY III LASE - POLICY LMIT s s THE PROPRIETORI INCH PARTNERS/EXECUTIVE — OFFICERSARE: E%CL DISEASE - EACH EMPLOYEE OTHER DESCRIPTION OF OPE RAnONSILOCATIONSNENICLE9/SPECIAL ITEMS 1989 FREIGHTLINER #KH344325 CERTIFICATE HOLDER IS TO BE NAMED ADDITIONAL INSURED. ' Q� CI'} Y OF NEWPO}2T BEACH �� P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE OMMATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfi BALLINPOSE xo OBLLOAnON GR.WBNEtt 3300 NEWPORT BLVD. C KWP- 'UPON "17W COMPANY, ITS AGENTS OR REPRESENTATIVES. AU REPRESENTATIVE \ \\ / NEWPORT BEACH CA 92663 AC4RQ'2d -B {3183}.:: ?:: ° / I �,fICOHD ObI�'ORA 1961."1:'. 914405165089 01 +20,98 WED 19:01 FAX 65089 PROGRESSIVE • )U Lucy Cirlef!-`C ipwwAC�Y V�riu,yY,wnwp� ADDITIONAL INSURED The person or organization named below is a person insured with respect to such liability coverage as is affected by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 All other parts of this policy remain unchanged. This endorsement changes Policy No.: CA00920518 -0 Issued to (Name of Insured): ANDY SHEAFFER Endorsement Effective: 01/11/99 Form No. 1198 (7 -96) INSURANCE AP DBA: A I S CONSTRUCTION Expiration: 01 /11 /oo 0 001 � � PROGREJJ/!/E® ADDITIONAL INSURED The person or organization named below is a person insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BCH 3300 NEWPORT BL All. other parts of this policy remain unchanged. This endorsement changes Policy No.: 00920518 - 0 Issued to (Name of Insured): ANDY I. SHEAFFER NEWPORT BEACH CA 92663 Endorsement Effective: o1/11/99 Expiration: 01/11/00 Form No. 1198 (8 -93) CVWE11069616370 19801 PLEASE,READ YOUR POLICY CERTIFICATE OF INSURANCE POLICY BER CA 0 -09 -20 -518 -o This declarations Page /Amended Declaration page e policy jacket identified by the form and edition date led completes the above numbered policy. DECLARATIONS Previous Policy No. Form 1050 Ed. 1194 SAND AND GRAVEL NAMEDINSURED This is to certify that the above numbered policy has been ANDY I . SHEAFFER PAGE 1 OF 4 Issued for the coverages noted below. This document is A I S CONSTRUCTION only a certificate of the issuance of the policy; and is PO BOX 2 39 furnished as a matter of information only. It confers no rights on the holder and imposes no liability on this CARP I NTER I A CA 93014 company. Said policy is subject to endorsement, Polic alteration, transfer, assignment and cancellation without Y Period 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN. notice to the holder of certificate. FROM JAN 11, 1999 TO JAN 11, 2000 A COAST TRANSPORT G PO BOX 21157 E SANTA BARBARA CA 93121 T PRREWYE8 GV -68250 OG eaaa.eeou.1ve,.rc.eiwaa.wnce PROGRESSIVE CASUALTY INS. CO. P.O. BOX 94739, CLEVELAND, OHIO 44101 1- 800 - 444 -4487 The insurance afforded is only with respect to such and so many of the following coverages as are indicated with respect to each described vehicle. The limit of the company's liability against each such covera a shall be as stated herein, subject to all the terms of this olic having reference thereto. SCHEDULE �F COVERAGES AND LIMITS OF LIABIENYY COVERAGES FULL TERM PREMIUM CHARGES A SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE LIABILITY $750,000 EACH ACC $2446 D COMP OR FTCAC STATED AMT SEE SCHEDULE OF COVERED VEH FOR DED $142 E COLLISION OR UPSET -STD AMT SEE SCHEDULE OF COVERED VEH FOR DED $491 I UM /UNDERINSURED MOTORIST $ 30,000 /PERS. $ 60,000 /ACC. $91 FILING FEES $50.00 TOTAL POLICY PREMIUM $3,220.00 ATTACHMENT IDENTIFIED BY FORM NUMBER 1197 (08 -93) 1198 (08 -93) 8470 (12 -86) 6211 (12 -95) 6212 (05 -97) Mc1632(06 -71) DRIVERS PAGE 2 COVERED VEH PAGE 3 GAR ADDRESS PAGE 4 ICC -N MCS90 -N PUC -1 0TH -N Any loss under Part I I I is payable as interest may appear to named insured and above loss payee: Prog Premium Budget: C L Fin. Resp. Filed: For Whom: Case No: R/R 0498 %Factor Used: G2 BGO 99021 SHEA 13.0 CAICSIIC FIR 071997 Countersigned: By Authorized Representative 1113 (12 -92) ADDITIONAL INSURED COPY CVWE01279842071-1113011 PLEASE 9EAD YOUR POLICY CERTIFICATE OF INSURANCE POLICY INIJUBER CA 0-09-20-518-0 This declarations Page /Amended Declaration page w policy jacket identified by the form and edition date i d completes the above numbered policy. DECLARATIONS Previous Policy No. Form 1050 Ed. 1194 AND AND GRAVEL NAMED INSURED 3 OF 4 This is to certify that the above numbered policy has been ANDY I . SHEAFFER PAGE Issued for the coverages noted below. This document is A I S CONSTRUCTION only a certificate of the issuance of the policy; and is PO BOX 2 39 furnished as a matter of information only. It confers no rights on the holder and imposes no liability on this CARP I NTER I A CA 93014 company. Said policy is subject to endorsement, Polic alteration, transfer, assignment and cancellation without Y Period 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN. notice to the holder of this certificate. FROM JAN 11, 1999 TO JAN 11, 2000 A COAST TRANSPORT PO Box 21157 E SANTA BARBARA CA 93121 Gv -68250 T CPROGREll/(/EE PROGRESSIVE PBX94739 C , CLEVELAND, O. OO OHIO 44101 1- 800 - 444 -4487 The insurance afforded is only with respect to such and so many of the following coverages as are indicated with respect to each described vehicle. The limit of the company's liability against each such covers ga shall be as stated herein, subject to all the terms of this policy having reference thereto. SCHEDULE OF COVERED VEHICLES VEH DR TRADE BODY DVR VEH TER RAD DSC DSC NO NO YR NAME TYPE SERIAL NO SCH CLS NO ZIP IUS COD PCT 1 -01 1 89 FREIGHTLINER DUMP TRUCK 1FUYARYB4KH344325 10 T72 88 93013 100 000 LIABILITY PREMIUM BY VEHICLE VEH MED NO LIAB PAY UM /UIM BI UM /PD 1 $2,446 $91 PHYSICAL DAMAGE PREMIUM BY VEHICLE VEH COMP OR FT /CAC COLLISION ON -HOOK VEH NO TYPE DED PREM DED PREM LIMIT DED PREM TOTAL 1 FT /CAC $1,000 $142 $1,000 $491 $3,170 Any loss under Part III Is payable as interest may appear to named insured and above loss payee: Frog Premium Budget: C L Fin. Resp. Filed: For Whom: Case No: R1R 0498 %Factor Used: G2 BGO 99021 SHEA 13.0 CAICS11C F'1071997 Countersigned: By Authorized Representative 1113 (12 -92) ADDITIONAL INSURED COPY CVWE0127984207L1113031 PROGRESSIVE PO BOX 94739 CLEVELAND OH 44101 03647 IIII, IIIII„ IIIIIIIIIIIIIIIII CITY OF NEWPORT BCH 3300 NEWPORT BL NEWPORT BEACH CA 92663 Received Human Resources city of Newport Beach PROGRFIN E® If you have any questions on the enclosed documents, please call Progressive. Be prepared to specify the policy type (Auto, Motorcycle, etc.), state and policy number. BNRFOLOL PMWED41797000OBNRFOLDL c05 962 c114 01 {26/99 TIT- 09:43 I:\S 805 "L 21 L4.. _.. _ ._ COAST TRANSPORT ADDITIONAL INSURED PROOREJOW 6 COMMINQMI KNNJLf INCW/1N0F The person or organization named below is a person insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BCH 3300 NEWPORT BL NEWPORT BEACH CA 92663 All other parts of this policy remain unchanged. This endorsement changes Policy No.: 00920619 - o Issued t0 (Name of Insured): ANDY I. SHEAFFER Endorsement Effective: o1/1t/e9 Expiration: 01/11/00 9yy -6,yy- 33/.q, 144z� Gar /elk Form No. 1198 (8 -93) AGENT'S COPY CVWE1106961637L119801 0 003 003 00000 0000 00 0 0 0 0 0 0 000100000000 STATE COMPENSATION INSURANCE FUND ?ANUARY 141 L 0 P,O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 1999 2,29 -99 UNIT 00204�c POLICY NUMBER: .,, : ` .1 CERTIFICATE EXPIRES: - . CITY OF NEWOORT BEACH 71UBLIC WORKS AGENCY 3300 P1F_W'-'�p' P._!'D NEWPORT BEACH CA 92663 RECEIVED j JAN i8{ This is to certify that we have issued a valid WorKers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S I_IRBT1'.T' 'Ili' ThiCl Ij *:It.jc n erl.ec Carr g.•�C ;� �n n ^'1 7 11- ,NURUCE EMPLOYER r SHERFFER, ANDRE'; PIS ENTERPRISES P 0 BOY. 3S' CARPIN7. -RIA CA 93014 ..J .41!&0..1 ' • CITY CLERK CITY OF NEWPORT BEACH SEW PO V - e� c9�iFpR��P PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES Contract No. 3154 City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3311 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 TABLE OF CONTENTS NOTICEINVITING BIDS ................................................................... ..............................1 INSTRUCTIONS TO BIDDERS ........................................................ ..............................2 BIDDER'S BOND ............................................................................... ..............................4 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................5 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................6 NON - COLLUSION AFFIDAVIT .......................................................... ..............................7 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................8 CONTRACT...................................................................................... ..............................9 LABOR AND MATERIALS BOND .................................................... .............................15 FAITHFUL PERFORMANCE BOND ................................................ .............................17 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 PERMIT CONDITIONS r 0 PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 22nd day of December, 1998, at which time such bids shall be opened and read for GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES Title of Project Contract No. 3154 $190,000 Engineer's Estimate Approved by Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse, Project Manager at (949) 644.3340. 0 0 PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 0 0 PAGE 3 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. ?M9"& A Contractors License No. & Classification S 12lZL(4t� Date 0 i PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address DRFDFriQ&- Sr4>=1.1_MACr -:;? 3, 4. 5. 6. 7. 8. 9. 10. �� Bidder cwt�&-A- • • PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Aoencv Person Telephone To Contact Number tfJ.�c2llas�rces/kF.NTtvzsoQLm 6J1'A-lti &Q 90 l 2%-IS63t6 z Biddqfr g,l yE�1lvQh (�6+a14��i+�nnn�JIAsNL�t�l� Q u tfJ.�c2llas�rces/kF.NTtvzsoQLm 6J1'A-lti &Q 90 l 2%-IS63t6 z Biddqfr - - -- -------------------------------- U %1_,'99 09:=18 F'UELISOR --3 ? SO5 5nh B1O9 NO. 020 D07 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRAND CANAL DREDGING EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) being first duly sworn, deposes and says that he or she is of the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of. any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association. organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. / I -, =S �r -ter n sS Bidder Subscribed and sworn to before me this I Z day of Notary Public `,j yCon• DEANNA C. GO^1ZALE5 ComrfS C14t)11 55533 Notary PuGic - California Sonia Barbera CouO> My Comm. y Expires CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within seven (7) calendar days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT r PAGE GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 CONTRACT THIS AGREEMENT, entered into this 11th day of January, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and AIS Enterprises, hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES Project Description 3154 Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non- Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3154, Standard Specifications for Public Works Construction (1994 edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: E PAGE 10 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred twelve thousand nine hundred and seventy five 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. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 AIS Enterprises 797 Rincon Hill Road PO Box 239 Carpinteria, CA 93014 805 - 684 -4344 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 0 0 7. INSURANCE PAGE 11 (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages PAGE 13 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. PAGE 14 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. U I Y ULtNr% APPROVEP AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municip orporation By: nnis D. O'Neil, Mayor .. i► ac�r .�r® tJABILITY INSU , a e u, ll °o,M x; PRODUCER 7 � �� -�� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE STRACHOTA INSURANCE AGENCY °^{ +r o•. •: NWER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 43500 Ridge Park Dr Sub 1203 1 "- '• : i `J �: AL R THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Temecula CA 82580 i COMP v JAN 1 4 1999 A UNITED CAPITOL INS. CO. 1 / INSURED j COM Y PUBLIC WORKS AIS Construction Company nIFWpORT BEACH, CAL PO Box 238 -- B COM ANY Carpklterla CA 83014 COMPANY D fXIVERI�GES I . THIS IS'TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlGV PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LP TYPE OF INe11RANCE POIICY NUWBEA POLICY DATE EFFECTIVE (MMIDD/M POLICY E9(PIRATION DATE (MMIDDNY) UMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GLAA1300912 02i 1219B 02/12199 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 1,000,000 X PERSONAL & ADV INJURY _EACH $ 1,000,000 AIMS MADE X OCLUR 0 R'S d CONTRACTOR'S PROT OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 1,000 OMOBILE LIABILITY COMBINED SINGLE LIMIT $ IA ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per ddent) $ NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM I W=M TORY LIMITS R $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EL EACH ACCIDENT $ EMPLOYERS LIABILITY EL DISEASE POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE EXCL El DISEASE EA EMPLOYEE $ OTHER CERTII FIII:ATEDPHOLUER NAMED AS ARIC M PONAk NSURED REGARD I GENERAL LIABILITY POLICY PER ENDORSEMENT TO BE ISSUED BY COMPANY 'EXCEPT FOR NCNPAY THEN 10 DAYS 011299GL iAT1E1CA7E'H(kAER ��..._ ','CANGELLATIOk s __ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ( CITY OF NEWPORT BEACH 1 3300 NEWPORT BLVD n / (, e EXRRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ' 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFTN NEWPORT BEACH CA 93 IYNI /Yl ESENTATNES. AUTHOR] A c 1 805 962 2114 01/18/99 MON 15:05 FAX 805 961M114 COAST TRANSPORT • z001 ,:. .:... �yI�'!, i �.� Imo• >" nyy1 s.. _ DI1TE (MYNDIYY) ...: :.�\ Yr:YV, r...r. f ..»..,.f �. r xnr Si • �i.v N. ,rza��% •:: 1118/99 �< PRO0IKER " "` TH13 CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION COAST TRANSPORT INSURANCE SERVICE ONLY AND CONFERS NO RlGHT6 UPON THE CERTIFICATE PHONE: 805 - 962 -0800 LICENSE #:0458584 HOLDER, THIS CERTIFICATE DOE9 NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 21157 COMPANIES AFFORDING COVERAGE SANTA BARBARA, CA. 93121p PROGRESSIVE NORTHWESTERN INSURED ANDY 1. SHEAFFER COMPANY A I S ENTERPRISES COMPANY C P.O. BOX 239 COMPANY CARPINTERIA, CA 93014 D F'izrz k ,: ° x; s:iz., �:•- :..0 #r ,r:'. F x fii ,'ji SLRy�.::x�# 6., °�:? „� �a O4kVEiYJ1a... HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M, TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DATE (M POLICY EXPIRATION DATE(MWDD^ LIMITS OENFRAL LIABILITY GENERAL. AGGREGATE S - COMRrOP AGO $ COMMERCIAL GENERAL UABIUTY .PRODUCTS PERSONAL BADV INJURY S CLAIMS MADE ❑ OCCUR EACH OCCURRENCE S OWNERB B CONTRACTOR'S PROT FIFE DAMAGE (Ury one I,e) S MED OF (Any a pa e ) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT \ 1,000,000 ANY AUTO X BODILY INJURY Pe ) S A ALL OWNED AUTOS SCHEDULEOAUTOS CA 0920518 -0 I 1/15/99 1/11/00 BODILY INJURY IF" amideO \ - FYPED AUTOS NONAWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILRY AUTO ONLY EA ACCIDENT S OTHER THAN AUTO ONLY: . ANY AUTO i EACH ACCDOEM E AGGREGATE $ EXCESS LIABILITY FALNOCCURRENCE S AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY UA\75 EACH ACCIDENT S LIABILITY DISEASE - POLICY LIMIT S 1EMPLOYERS THE PROPRIETCRJ PARTNERS/ExECUTM IIJCL E OFFICER ARE: IXCL I DISEASE- EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS ILOCATIOMBNENICLESISPECW. ITEMS 1989 FREIGHTLINER #KH344325 CERTIFICATE HOLDER IS TO BE NAMED ADDITIONAL INSURED. .yy V��i A�T/Lf.1L i .. �I ':'.� > ...�:. {�: .. a .CYi'a8:' ,t .. :S:.b : ,r ...... �€ .{f ;'E I`„ F .I ial<�•..:": ,. '.Y ,,. £. ry :ix. SHOULD ANY OF THE ABOVE VWCIIELV` PONCES SE CAMCEIIFO BEFORE ME DATE THEREOF, THE ISBUIND CWPANY W" ENDEAVOR TO MAIL ORATNHI CITY OF NEWPORT BEACH DAYS WRITTEN VOME,T, MS egRW CATIE HOLDER KAMM To THE LEFT AIF \VCIFI 3300 NEWPORT BLVD. �� EPPIBexTATVEa AU REPRESENTATIVE NEWPORT BEACH CA 92663 st Wow .. .: (': s t'. i J 914405165089 • 10 001 01/20199 WED 13:01 FAX 91440089 PROGRESSIVE Iv LUG Cirit'f+-*C PAOCAEJI/NE ADDITIONAL INSURED The person or organization named below is a person insured with respect to such liability coverage as is affected by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 All other parts of this policy remain unchanged. This endorsement changes Policy No.: CA00920516 -0 Issued to (Name of Insured): ANDY SHEAFFER DBA: A I S CONSTRUCTION Endorsement Effective: 01/11/99 Expiration: 01/11/00 Form No. 1198 (7.96) 01/26/99 805 962 2112 TUE 09:43 FAX 805 96AW114 COAST TRANSPORT • ADDITIONAL INSURED zoO1 PROGREll /L/E� OO�IMEIMYI Y1I110LE INLYMNOE The person or organization named below is a person insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this agreement will be excess insurance over any other valid and collectible insurance. NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BCH 3300 NEWPORT BL All other parts of this policy remain unchanged. This endorsement changes Policy No.: 00920518 - o Issued to (Name of Insured): ANDY I. SHEAFFER NEWPORT BEACH CA 92863 Endorsement Effective: 01/11/99 Expiration: ot/11/00 GJyq -ls �fy- '�3 /Fl 1 Lr•<c� cirlr tie Form No. 1198 (8 -93) AGENT'S COPY CVWE11069615371-119801 0 003 003 00000 0000 00 0 0 0 0 0 0 WDI00000000 n�u�u�uwW�n��ma�a�A�u�H�uI��HI�n�IN�Q�lN�9�01�n��hlq L &09 -99 UNIT 0020422 RECElVE®_- =i aim PUBLIC WORKS NEWPORT BEACH, CAV _.,__,; This is to certify that we have issued-e valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. .415D,.. Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GRAND CANAL DREDGING EELGRASS TRANSPLANT AND ROCK BUTTRESSES CONTRACT NO. 3154 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. 0. 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. 3154 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 ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Dollars and Cents $ $ 1 ti! CUOO. Per Lump Sum 2. Lump Sum Traffic Control Dollars and Cents $ / $ '�GL")o OU Per Lump Sum 3. Lump Sum Survey Service Dollars and / Cents $ $ i G D 0 . Per Lump Sum 7. 180 S.Y Place Fabric @ t �; T} _� Dollars and Cents $ .Cj Per Square Yard 8. Lump Sum Retrieve and Place Errant Rock i @ Yc•� r ynti� Dollars and J J Cents Per Lump Sum 9. 650 Tons Place Imported Rock @ ��J,� J Dollars and Cents $ Per Ton 10. 75 C.Y. Disposal of Canal Debris @ Forty Dollars and Zero Cents $ 40.00 $ 3,000.00 Per Cubic Yard Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2,700 C.Y. Dredge and Place Material Dollars and Cents $ Per Cubic Yard 5. 2,300 C.Y. Place Imported Sand @ IWcNT'' F" Em- Dollars and $ $ IS]; j7�O —Cents Per Cubic Yard 6. 27,500 S.F. Collect and Transplant Eelgrass @ �%N= I —Dollars I . n l_ -7 1 a 2 556 and �,tiJF Cents $ f +�'�t $ 29 i i Per Square Foot 7. 180 S.Y Place Fabric @ t �; T} _� Dollars and Cents $ .Cj Per Square Yard 8. Lump Sum Retrieve and Place Errant Rock i @ Yc•� r ynti� Dollars and J J Cents Per Lump Sum 9. 650 Tons Place Imported Rock @ ��J,� J Dollars and Cents $ Per Ton 10. 75 C.Y. Disposal of Canal Debris @ Forty Dollars and Zero Cents $ 40.00 $ 3,000.00 Per Cubic Yard 0 TOTAL PRICE IN WRITTEN WORDS - WoHWD?E-- Z7wt-Jr- QD*20SA Z Dollars LANE Ho&)A2c1i s00e&/ c! f=iJ1-- and d Cents 0 Total Price Bidder's Name: AI-5 r tirrC —SZr �2�5�5 Bidder's Address: Bidder's Telephone Number: ROS 624 4349 Contractor's License No. & Classification: 22961 f A 12 -_:z2 -911 Date Page PR -3 eA. 93014 January 11, 1999 CITY COUNCIL AGENDA BY THE CITY TO: MAYOR AND MEMBERS OF THE CITY COUNCIL I _.A j � FROM: PUBLIC WORKS DEPARTMENT Cu w.(•rw� "Q QitO� SUBJECT: GRAND CANAL DREDGING, EELGRASS TRANSPLANTT, ANA BUTTRESSES, CONTRACT NO. 3154 C -364 4 REJECT ALL BIDS RECEIVED SLR N�w�,hc� RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Reject the sole bid received. 3. Direct staff to re- budget and re- advertise the project for bids during FY 1999- 2000. . DISCUSSION: At 11:00 A.M on December 22, 1998, the City Clerk opened and read the following bid for this project: BIDDER TOTAL BID PRICE Low AIS Enterprises of Carpinteria, CA $212,975 The low total bid price is 12% above the Engineer's Estimate of $190,000. The low bidder, AIS Enterprises, is a newly - licensed General Engineering "A" Contractor. It appears that AIS has not completed a similar project. In addition, AIS' unit prices for dredging and material placement appear to be higher than previous projects. The Grand Canal was last dredged and the seawall embankments rebuilt in the mid 1980s. At that time, the entire length of the Canal was dredged using the clam -shell method. During the bid advertisement period, staff sent bid invitations to nineteen contractors that bid dredging projects for other Southern California agencies during 1998. Of the nineteen contractors, only AIS submitted a bid. Their total bid price is $83,000 above the $130,000 budgeted amount. Due to the lack of competitive bid response, staff • contacted all of the noticed contractors that did not bid on the work to obtain an 0 SUBJECT: REJECT THE BID R VED FOR CONTRACT NO. 3154 - GRAND *L DREDGING, EELGRASS TRANSPLANT AND CKBUTTRESSES January 11, 1999 Page understanding of the lack of bids. Of the seventeen firms contacted, seven contractors • did not respond; three contractors were clam -shell dredgers and could not perform the required hydraulic dredge work; three contractors were busy with other commitments; one contractor had difficulty with sub - contracting the eelgrass transplant portion of the work; and the work was either too small or too big for the remaining three contractors. From the information obtained from the non - bidders, it appeared that the specified hydraulic work method desired by the Canal residents and the lack of readily available contractors contributed to the lack of bids for this project. Due to State and Federal requirements that limit all eelgrass transplant work to be performed between the months of October and February; that the re- advertisement of the project at this time for more favorable bids will not provide the contractor with sufficient time to complete the eelgrass work prior to the February 281h transplant completion deadline; that the Corps of Engineers Permit will not expire until August of year 2001; and that the California Coastal Development Permit will not expire until October of year 2000, staff recommends the project to be rebugeted and re- advertised for more favorable bids during FY 1999 -2000. BACKGROUND: Last year, while preparing the contract plans and specifications for this project, 1.5 acres of eelgrass was discovered growing along the entire canal bottom where dredging was originally planned. Although staff maintained that the work is maintenance in scope, the • City is required by the US Corps of Engineers, the National Marine Fisheries Service, the California Coastal Commission, and the California Department of Fish and Game to develop and implement a preliminary and a final mitigation plan to mitigate /transplant ail eelgrass disturbed and /or removed by the dredging work to the extent that there will not be any net loss of eelgrass 5 years after the mitigation work has been completed. Since the cost of eelgrass transplant and maintenance is substantial, staff negotiated with the State and Federal agencies to explore alternatives to reduce the scope and cost of the required and unbudgeted eelgrass removal and transplant work in the Canal. Subsequently, staff re- surveyed the Canal after the 1998 El Nino storms and found the canal bottom from the first alley south of North Bay Front to just north of the Park Avenue Bridge already has acceptable depths and therefore will not require any dredging nor eelgrass transplant work. The proposed work include the hydraulic dredging of 2,700 cubic yards of existing Canal material from the most northerly 100 feet of the Canal and approximately from the Park Avenue Bridge to South Bay Front; the rebuilding of seawall embankments along both sides of the Canal using the dredged material and 2,300 cubic yards of imported sand provided at no cost by the County of Orange from their Bayside Drive HarborMaster Lifeguards Station beach; the transplanting of 27,500 square feet of eelgrass impacted by the dredging work; and the import and placement of 650 tons of • f:\ users\ pbw\shared\council \fy98- 9Nan -11 \grand canal c- 3154.doc • SUBJECT: REJECT ALL BIDS *IVED FOR CONTRACT NO. 3154 - GRAND 10AL DREDGING, EELGRASS TRANSPLANT AND ROCK BUTTRESSES January 11, 1999 Page 3 rock to reconstruct and construct rock buttresses at all four Canal seawall corners and at Crab Point. The plans and specifications for the project were prepared by staff. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: ong se, P.E. Associate Engineer Attachment: Project Location Map Bid Summary \ Mis_ 1\ sys\ userslpbw \sharedlcouncil\fy98- 99Van -11 \grand canal c-3154.doc 2 W CL H Z U W Q � w W a IX w 00 a Y Z O L3 O U H J U m a z O F- U O ui D 0] F- 0 w W U W w Z Z or w n. F • i z Z 0 0 a � o z z Z 00 0 a o z Z � N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p H Z o O 0 O 0 o 0 0 o o vi r o 0 0 0 0 0 0 0 o N �000m�nmroinor h� .M fA U3 ��Nt9��fNN A a N N 60 LU w N NW rW Z O O O_ M O O D if) M V J ~ 0 O x 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 0 O 0 p Z co 0 0 0 0 0 0 0 0 0 0 O m o N O °r O Lo Ul N-m C6 - 0 cfip 0 mU EQ in wwd wwfn u> O) N W � i x000000000 0000000000 C 0 0 0 tD 00 (V tM O O O C N 00 fA MIA fA w w cd w w J JJUU U) CO FZ-U Z fp N N r N •-- U N N V Z � U 0 O K d N m n so U W m a' o c F 5 m c w m r U O p p F a p n O U N E y ' yyU y O A J d O U !n d t0 !!1 �F fA OaUd d'a0 W �NClO �<ormrn° i F • i WC.1EJ Ill lCR "lHTlluA !rQ1)ii:n•u �� Very truly yours, reY,a,..ee7 Q .- '99 JAN 11 ^.10 :42 Nancv C. Ranev NANCY E. RANEY, ESQ. 301 Grand Canal Balboa Island, CA 92662 (949) 673 -0326 (949) 723 -6589 Fax January 11, 1999 Mayor Dennis O'Neil, Esy. Councilwoman Norma Glover, Chair, Harbor Quality Committee Councilman John Noyes Councilman Gary Adams Councilwoman Jan Debay Councilman Todd Ridgeway Councilman Tom Thomson Newport Beach City Council By Facsimile (949) 644.3039 Dear Mayor and Members of the City Council, Accompanying this letter is the Petition to Dredge The Grand Canal on Balboa (stand. This Petition was signed by virtueily every person whom we approached. Having teamed three days ago that this matter was being put on the Consent Calendar to delay or cancel the dredging, Pamela Murray and I went door -to -door to circulate the Petition. The overwhelming majority was under the impression that the (iretiging was to take place and be completed within the next few weeks, I observed that some homeowners had even removed their piers in anticipation of the expected dredging, The condition of the Canal is disgusting. Instead of actual "sand," all we have is muck. At tow tide, the green algae is apparent and emits a pungent odor. The City has done nothing to preserve The Grand Canal for at least fourteen years. We wcidcuta of llw Carol Nay as much ill PICI PGllllil Fece ax alyuuo clan uu 13dltnla loldnal. Furthermore, there are as many piers on The Grand Canal as on the rest of the island itself. The other beaches are built up every year; ours isn't. There is a constant stream of tourists who visit Marine Avenue and come down to the sea wall to enjoy the scenery, but they encounter these conditions. I have been coming down to Balboa Island since I was six months old and finally moved here m 1989. The Canal used to have a beach where one could put down a beach towel and enjoy it. Please don't delay the dredging and let the Canal further deteriorate. T2d Wtj5£::I .c6: :. - SSE2L6C5 'CIN 3NOH= XC!x3NCL+ '�Oaa Ll 0 Petition Regarding Dredging of The Grand Canal We the residents of Balboa Island Grand Canal support the dredging of the canal in early 1999 and urge the City Council, to approve the existing bid that was submitted for consideration. Delaying the dredging; would only result in further detcrioration and would not guarantee any decreased costs of dredging at a later date. NAME ADDRESS ?2d Wts;z:r: 6661 II "e� 5ESSi2L6b6 : 'GN 3NGNd XVJASNt/ : WO�� 4--V-9 zed WC9£ : i I 655: TT ''lei SDS3£2L575 : "N SNOHd XC�1.?NtRi WNL" r : _.,_- pp u�nt rk C& of Newport Beach, NO. BA- 036 BUDGET AMENDMENT -�,1 7 1998 -99 AMOUNT: S1oo,000.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations AND Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $100,000 for the Grand Canal dredging project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account delands Fund 230 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Description Signed: -�d: Signed: `�n�'^' ±. 1 4M. ?Jrz,—Vl City Council Approval: City Clerk Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance j B,' "i:lc C1T; CCUNCIL -- -.IAN I 1 i Amount Debit Credit $100,000.00 Automatic $100,000.00 ` ( ate ^Z= fS Date's C' Date Description Division Number 7231 Tidelands Account Number C5100385 Grand Canal Dredging /Bulkhead Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: -�d: Signed: `�n�'^' ±. 1 4M. ?Jrz,—Vl City Council Approval: City Clerk Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance j B,' "i:lc C1T; CCUNCIL -- -.IAN I 1 i Amount Debit Credit $100,000.00 Automatic $100,000.00 ` ( ate ^Z= fS Date's C' Date