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HomeMy WebLinkAboutC-3166 - Balboa Island Bayfront RepairApril 26,1999 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Surfside Restoration 5151 Oceanus, # 106 Huntington Beach, CA 92649 Subject: Balboa Island Bayfront Repairs, C -3166 To Whom It May Concern: On March 8, 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 March 22, 1999, Reference No. 1990208121. The Surety for the contract is American Motorists Insurance Company, and the bond number is 3SM- 916 -930- 00. 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 0 0 PACE A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • • W. 14-10 :•e We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators,. agree to be jointly and severally held and firmly bound to. the City of Newport Beach, a charter city, In the principal sum of Seven Thousand and No/ 100thsdoilars ($ 7 000.00 ), to be. paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned PrincipalJor the construction of BALBOA ISLAND BAYFRONT REPAIRS, Contract No. 3166 in the City:gf Newport Beach, Is accepted by the City Council of the City. of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails: to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the malling of Notice of Award; otherwise this obligation shall become null and void. If the undersigned. Principal executing this Bond is executing 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. Witness our hands this 22nd day of October S'urfside Restoration & Waterproofing, Inc. Name of Contractor (Principal) Authorized AMERICAN MOTORISTS COMPANY Name of Surety 7470 North Figueroa Street Lbs Angeles, CA .90041 Address of Surety 3S 23) 257- 8291.;: Telephone. David Z. Noddle, Attorney —In —Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Ll E CAU.^:.:QBrT �,t..kA,.�iF. State of California County of Los Angeles On " before me, A. MelendeZNotaa Public NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR - ❑ P nonenonnnnnnnnnoonuuo, Cer 19, 1999a �ouucauacnn proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS try hand and seal. j (SIGNATU OF OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this Corn. CAPACITY CLAIMED BY SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL N ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE ICempeR. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY 0 Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter rafted the °Company ") a corporation organized and existing under the laws of the State of Ilinols, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California ""«'..««......««.......« « ............................ «. its true and lawful agents) and attomey(s)4ndact, to make. execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, untess sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2, 500, 000.00)'••'•"" "««•'••"•'•'•" «"«""•" EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note died:, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove. Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys4n -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: NOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1996. Attested and Certified: Y *rw Robert P. Hames, Secretary by American Motorists insurance Company J. S. Kemper, 111. Exec.Vice President PAYE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT :!Z . J:XAV "0111111.1111111 ... CQIyTBACT NO. 3166 BOND NO. 3sM 916 930 00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to surf side Bestoration & Waterproofing, Inc. _ hereinafter, designated as the "Principal," a contract for construction of BALBOA ISLAND ;.BAYFRONT REPAIRS, Contract No. 3166 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. 3166 and the '.terms thereof require the furnishing of .a bond, providing that if Principal or any of Principal's 'subcontractors, snalifail to pay for any materials, provisions, or other supplies used in, upon, ;'for, or about the perforrimance 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 16,heW6 as "Surety are held firmly bound unto the City of Newport Beach, in the sum of Forty Five Thousand Three Hundred Ninety Two and 96 /100ths Dollars (gi; 45,392.90 lawful money of the. United States of America, said sum being equal to 100% bf the estimated amount payable by the City of Newport Beach under the terms of the Contract; `far which payment ,well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmty by these present. . THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail ao pay for any materials, provisions, or other supplies, implements or machinery used in, Upon, for, or about the performance of the work contracted to be done, or for pray other work or .labor thereon of any kind, or for amounts due under the Unemployment insurance Code withi 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 .Brnployees 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 afso, in case suit is brought to enforce the obligations of this Bond., a reasonable attorney's fee, to be fixed by the Court as required by }he provisions of Section 3250 of the Civil Code of the State of California. PANE 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 right 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 Bor d, 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 aunderthis Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety', on the loth ..day of December 1998 Surfside Restora tion. & - Waterproofin ,-L-1c.. 1 :Name of Contractor (Principal) Autho Signa r itle `American Motorists Insurance Company Name of Surety Aut rized ignature 7470 North Figueroa Street los Angeles, CA 900041 ,Ad. dress of Surety 323 257 - 8291_x. Tatephore David Z. Noddle, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MAST BE ATTACHED i i State of California County of Los Anqeles On "wf+ before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■Personally known to me - OR - ❑ s proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the.person(s) acted, executed the instrument. WITN SS m hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) American Motorists Insurance Company ABOVE DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED KLmpeR. • Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the 'Company*) a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California ' '•« ...............««...... ............. «................ «. its true and lawful agent(s) and aftomey(s)win -fad, to make, execute. seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its ad and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2, 500, 000. 00)• • «........ «.«.«.. «.... «... «.« «. EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked M any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the some had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove. Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31. 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23. 1988 at Chicago, Illinois, a We and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED. That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.' In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seat to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: /.T�1�r� American Motorists Insurance Company 'f&,.t to Robert P. Hames, Secretary by J. S. Kemper, Ill, Exec.Vice President PAGE 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT •1 iq• BOND PREMIUM BASED ON FINAL CONTRACT PRICE BOND NO. 3SM 916 930 00 The premium charges on this Bond is $ 908.00 being at the rate of $ 20.00 per thousand of the Contract price. WHEREAS, the.City Council of the City of Newport Beach, State of California, by motion adopted November ?3,' 1998, awarded to Surfside .Restoration, hereinafter designated as the 'P:rincipal "; a contract for construction of BALBOA ISLAND BAYFRONT REPAIRS, Contract No. X166 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. 3166 and the terms thereof require'the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE COMPANY duty authorized to transact business under the laws of the State n{ California as.Surety (hereinafter "Surety".), are held and firmly bound unto the City of Newport Beach, in the sum of'Fody Five Thousand Three Hundred Ninety Two Dollars and Ninety Cents 2:90 '($'-45.39), laywNt money of the United States of America, said sum being equal to 100% of the .estimated amourA '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 Odministrators, successors, or assigns, jointly and severally, firmly by these present. THE: CON313 ION 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 end 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. is 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 nufl and void. 0 • 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 tees, 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 19 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 ; fprce and effect foi 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the loth day of December 1998, Surfside Restoration & Waterproofing, Name of Contracipr(Principal) American Motorists Insurance Company ;Name of Surety 7470 North Figueroa Street Los Angeles, CA:90041 Address of Surety (323)25.7 -8291 Telephone Inc, David Z. Noddle, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENT$ OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Los Angeles On _ fi before me, C. Clarkson, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■ 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 he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ „GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company ABOVE DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OEC 1 1998 DATE OF DOCUMENT SIGNER OTHER THAN NAMED f RECORDING REQ b\ � WHEN RECORDED RETURN TO: City Clerk '99 APR -8 A 9 :29 City of Newport Beach ERri 3300 Newport B r HE CH 'Y CL Newport Beach,ei f V,CRT BEACH Recorded in the County IIIIIIII�IIIIIIIIIIIIIIIIIII�IIIIIIII�I� t�IIIIIIIIIIIII��II Clerk/Recorder NO Fee t'ornia 19990108121 1:55pm 03122199 005 11012337 11 04 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 f �Y NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Sar Newport Beach, California, 92663, as Owner, and Surfside Restoration of Huntington Beach, California, as Contractor, entered into a Contract on November 23, 1998. Said Contract set forth certain improvements, as follows: Balboa Island Bayfront Repairs, C -3166 Work on said Contract was completed on January 19, 1999, and was found to be acceptable on March 8, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Company. BY Pubic 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 -M� Kz% %C%, / q% at Newport Beach, California. BYoCri ~ City Clerk �oF �� CITY OF NEWPORT BEACH March 10, 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 Seismic Retrofit of Newport Island and Lido Island Bridges (C -2804) Notice of Completion for Balboa Island Bayfront Repairs (C -3166) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, 1. �d LaVonne M. Harkless, CMC /AAE City Clerk Attachments 3300 Newport Boulevard, Newport Beach • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 40 "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 Surfside Restoration of Huntington Beach, California, as Contractor, entered into a Contract on November 23, 1998. Said Contract set forth certain improvements, as follows: Balboa Island Bayfront Repairs, C -3166 Work on said Contract was completed on January 19, 1999, and was found to be acceptable on March 8, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists Insurance Company. M 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��� BY L2 (,�Pt City Clerk at Newport Beach, California. 0 TO: Mayor And Members Of The City Council FROM: Public Works Department March 8, 1999 CITY COUNCIL AGENDA ITEM NO. 8 SUBJECT: BALBOA ISLAND BAYFRONT REPAIRS, CONTRACT NO. 3166 - COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 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 November 23, 1998, the City Council authorized the award of the Balboa Island Bayfront Repairs contract to Surfside Restoration of Huntington Beach, California. The contract provided for the repair of vertical and horizontal joints, and other grout patch repair work to the sea wall at various locations along the Balboa Island bayfront. 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: $45,392.90 Actual amount of bid items constructed: 45,392.90 Total amount of change orders: 6,665.70 Final contract cost: $52,058.60 One change order issued in the amount of $6,665.70 provided for additional vertical and horizontal joint repair work; and the repair of cracks on the underside of the seawall and some repair of spalled concrete located on a column on Grand Canal. The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional joint repair exceeding the bid item quantities. The final overall construction cost, including change orders, was 14.7% over the original bid • amount. Subject: Balboa Island Bayfront Res, Contract No. 3166, Completion and Acceptance* March 8, 1999 Page 2 Funds for the project were budgeted in the Balboa Island Bayfront Repairs - Account No. • 7231- C5100314. The scheduled completion date for the project was December 29, 1998. However, due to inclement weather and extra work, the project was not completed until January 19,1999. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Horst Hlawaty, P.E. Construction Engineer is F: WsersWflW45�azeA�000NOlUFY9fl- 99W1arelflalpoa Island Ba frml C- Zlvs.d F, • CITY OF NEWPORT BEACH PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3311 City Clerk Copy ry I u � 1Y it 1 r i Ir .r r I I� 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 TABLE OF CONTENTS NOTICE INVITING 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 SPECIAL PROVISIONS ................................................................. ...........................SP -1 1 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 10th day of November. 1998, at which time such bids shall be opened and read for BALBOA ISLAND BAYFRONT REPAIRS Title of Project Contract No. 3166 $66,000 Engineer's Estimate / / l Approved by W Bill a off City Engineer 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. ' PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ' BALBOA ISLAND BAYFRONT REPAIRS ICONTRACT NO. 3166 INSTRUCTIONS TO BIDDERS 1. 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. 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 4 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". ' 10. Ail 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. I I iI Contractor's License No. & Classification L \t-�Zkn,)es T ' I Bidder \\)�,a i &�! k-Z)e"A Au rized Signature/Title Date I I iI p L :1 • PAGES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 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. 1 2. Subcontract Work Subcontractor Address 3. ' A. 6. ' 7. 9. r ,o. CS Bid Subcontract Work Subcontractor Address PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 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 Person Telephone Completed Name /Aaencv To Contact Number �'� 1.y \t4, iw 322 l Q ga LI .J IrI,II [1 1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of O Q1% be ) PAGE 7 (1X, r- being fir Iy sworn, deposes and says tha he or she is _�_�,c� of • �6 %,,� �7�nrr✓•-ItLo%, , 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. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. �0. •x�' Bidder 1 Subscribed and sworn to before me this A prized Signature/Title day of 19—q i ' L I 1 DAN Ad. LA BO 'UAL] 1 ' ' Commission k 104 i Nciary Public — California ' I v/� ,� -� Orange County ' ii y Comm. Expires Nov 20, 1998 Notary Public, J CITY OF NEWPORT BEACH PAGE 8 PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 ' NOTICE TO SUCCESSFUL BIDDER ' The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of 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. I 0 0 PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 CONTRACT THIS AGREEMENT, entered into this 23r° day of November, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Surfside Restoration, hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: BALBOA ISLAND BAYFRONT REPAIRS Project Description 3166 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: 1. 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 Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3166, 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: • 0 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. 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 Forty Five Thousand Three Hundred Ninety Two Dollars and Ninety Cents ($ 45.392.90). 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 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: CONTRACTOR Surfside Restoration 5151 Oceanus, # 106 Huntington Beach, CA 92649 714 - 891 -9660 Contractor, by executing this "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." PAGE 11 7. INSURANCE (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. ' 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: ' 1. 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 project/location 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. (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 tCoverage shall be at least as broad as: ' 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11185) 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: ' 1. 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 project/location 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. 0 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 I I (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. I (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. I' 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 0 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. LJ 0 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. WAIVE 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. CITY CLERK APPROVED AS TO FORM: CITY ATff5RNEY CITY OF NEWPORT BEACH .. a 161010H1011 i CONTRACTOR By: F-4 a Aut rized Signature and Title DATE (MMIDDrfY) PRODUCER (800)992-066B FAX (813)226-9768 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ;ateway E & S ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Z1820 Burbank Blvd Suite 270 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. doodland Hills, CA 91367 COMPANIES AFFORDING COVERAGE .............. I ........................ I .............................. .... ........ I ............. . ... ........... ..... ........... .................. .............. Surfside Restoration and Wa rpro` 0 PANY Absolute Restoration P.O. Box 352 6000 ANY Huntington Beach, CA 92648 i ... ..... _Vm uo'MY Supersedes pn or cert THIS 15 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 POLICY EFFECTIVE POLICY EXPIRATION, LTR TYPE OF INSURANCE POLICY NUMBER LIMITS DATE(MMIDDIM DATE(MMIOOIYV) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1,000,000 CLAIM A S MADE � X OCCUR �F0177G418659 PERSONAL & ADV INJURY 12/24/1998; 12/24/1999 ........... I.., .......... ................... 1 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 1 1,000,000 ............ .. ­­__ .. .............. ...... ................................... FIRE DAMAGE (Any one fife) ........... ........... $ 0 1 O�000 ........... MED EXP (Any one person) i $ 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO ............................ ALL OWNED AUTOS BODILY INJURY .................................. SCHEDULED AUTOS (Per o�n) .............................................. ................................. HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) ........... PROPERTY DAMAGE :$ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT :$ ANY ALTO ...... OTHER THAN AUTO ONLY: .................. ... I ............ :% , Me: ....... .. .. .. .. .... ...... .................... EXCESS LIABILITY EACH OCCURRENCE ............. ........... .. I ....... UMBRELLA FORM AGGREGATE ........................... OTHER THAN UMBRELLA FORM iE WORKERS COMPENSATION AND TOR..... W ER EMPLOYERS' LIABILITY ...... ............ .......... 10 NN 11 4., EL EACH ACCIDENT ............... .... ............ .. .. ......... I ... .. ... ........ THE PROPRIETOR/ INCL EL DISEASE -POLICY LIMIT PARTNERS(EXECUTIVE .................... - .......... ........ .................... OFFICERS ARE: EXCL. EL DISEASE - EA EMPLOYEE: $ OTHER DESCRIPTION OF OPERATION!SfLOCATIONSIVEHICLESISPECIAL ITEMS -ertificate holder is named as additional insured per the attached endorsement CG2026 11/85 x SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach, its officers EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Officials, employees and volunteers 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Luci Serlet Fax: 949-644-3318 BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Blvd. A7'_'�!E? OR REPRESENTATIVES, Up OF ANY K4 THE Newport Beach, CA 92665 AUTHOR ;4NTATD/c r �� ,�,� ..,„. 0 0 POLICY NUMBER: F0177G418659 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COUNIERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers ( If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 Copyright, Insurance Services Office, Inc. 1984 W0173X1999 18:55 71489196400 SURFSIDE Sox.,JR0807, $AN FAAmOs ....... . ... POLICY w 11: a Rind Al, V - Alf, WE.!, 4". a or ers, irtsUrfin0q, PO ' a form i get W6 W 4' 4a yqy lice c ShOU14 hl 66 1 noeli, to"Im tMall It OYO AU PAGE 02 4T Qn, i A, "V11 1: if" 6�ii i i i i 1 t 'I Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3166 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 �ti �1�x�nQ eZ:> Dollars and QQ 72� Cents $ k1`in $ t T-C) Per Lfimp Sum 2. Lump Sum Traffic Control Dollars / and pv VC, (J� Cents $ 10(`, $ k1cin Per Lump Sum 3. 1110 Repair Vertical Joints L.F. @ }'A Dollars and oz, o Z`L 0-0 Cents $ _ $ OT Per Linear Foot 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 790 Repair Horizontal Joint L.F. r._. @T Y—"-Dollars and V� V __C),- Cents Per Linear oot Page PR -2 TOTAL PRICE IN WRITTEN WORDS \, y� d oy-\-x � k , , P��' Dollars 1 1 and Cents Bidder's N Total Price Bidder's Address 5l ,i� \�6 Ck c3z-�Oqi Bidder's Telephone Number -WA �O1k ,(,,,G Contractor's License No. & Classification '7 l sZ, L, C Date Au h rized Signature & Title I! • C3�� C -3►ko 1,4 November 23,1998 CITY COUNCIL AGENDA ITEM NO. to TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 2 3 FROM: PUBLIC WORKS DEPARTMENT i I - SUBJECT: BALBOA ISLAND BAYFRONT REPAIRS — AWARD 'OF CONTRACT NO. 3166 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3166 to Surfside Restoration for the Total Bid Price of $45,392.90, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $ 4,500 to cover the cost of unforeseen work. • DISCUSSION: • At 11:00 A.M on November 10, 1998, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low Surfside Restoration $45,389.00* 2nd Unity Constructors $72,867.00 *Corrected Total Bid Price is $45,392.90 The low total bid price is 45% below the Engineer's Estimate of $66,000. The low bidder, Surfside Restoration, possesses a Limited Specialty Classification C -61 contractor's license as required by the project specifications. Surfside has satisfactorily completed similar concrete repair projects for the City. F: \Users \P8 W\Shared \COUNCI L \FY98 -99 \Nov- 23 \6AYFRONT.DOC SUBJECT: BALBOA ISLASAYFRONT REPAIRS —AWARD OF CONTR)JO. 3166 November 23, 1998 Page 2 The seawalls around Balboa Island and Little Balboa Island were built in the 1930's. During the past 60 years, the sealant material at numerous seawall joints around the Islands has deteriorated to the extent that seawater readily infiltrates the joints during high tides and floods the adjacent bayfront sidewalk. The improvements to be constructed under this contract include removing deteriorated sealant and loose concrete at seawall joints, mechanically cleaning seawall joint repair surfaces, sealing approximately 1,100 linear feet of vertical joints between seawall panels, and sealing approximately 800 linear feet of horizontal joints between seawall panels and bulkheads. Since some of the repair work is located behind interfering private boat platforms and other improvements constructed under permit from the Fire & Marine Department, staff has notified the owners to remove their private improvements in advance of the City work. Several of these owners have indicated their desire to contract with the City's contractor to perform their removals. Accordingly, staff will provide the owners with Surfside's contact information for their pursuance. Similar to other work in the harbor, the work can only be performed during extreme daytime low tides. The contract allows 20 consecutive daytime low tide workdays to complete the work. All work is anticipated to be completed during February of 1999. Liquidated damages are $250 per calendar day. Sufficient funds are available in Account No. 7231- C5100314, Balboa Island Bayfront Repairs, to award the contract and provide for unforeseen work. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director . .o� Associate Engineer Attachment: Project Location Map • Bid Summary f:\users\pbw\shared\council\fy98-99\nov-23\bayfront.doc LL O W Q a F- = Z () W z a20 [D < Q F- ao w W o O a m a w Y Z 0 O LL OV 1: J U m IL m z co UWF- w W W H ? LU O Z 0w LL 0 JW 9 0 E y a m e 'm n C? U LD c S, m a s k a 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Contech 1810 East Carnegie Avenue Santa Ana, California 92705 Gentlemen: (714) 644 -3005 December 16,1997 Thank you for your courtesy in submitting a bid for the Balboa Island Bayfront Repair (Phase I) project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 10, 1998 Unity Constructors 2086 Shady Brook Ct. Thousand Oaks, CA 91362 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Island Bayfront Repairs (Contract No. 3166) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Ne-.rport Beach PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAL80A ISLAND BAYFRONT REPAIRS CONTRA —CT _NO 3166 Bond No.:RIG 0522299 We. the undersigned Principal and Surety, our successors and assigns, executors, heirs and adm,nistratcrs, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principat sum of ` _. _ dollars ($ 13,200.00 ), to be paid and forfeited to the City of Newport Beach if the bid ptoposal of the undersigned Principal for the construction of BALBOA ISLAND BAYFRONT REPAIRS, Contract No 3168 in the City of Newport Beach, is accepted by the City Council of the Crt_y of Newport Beach and the proposed contract is awarded to the Prindoal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10J (.not including Saturday. Sunday, and federal hclideys) after ine date o` the mailing of Notice of Award; otherwise this obLga'..:)n steal' become null and void. '(10 %) Ten percent of the attached bid amount not to exceed Thirteen Thousand Two Hundred & No(100's Dollars. If the undersigned Principal executing this Bond Is executing th;s Bond as an indlVdual, it is agreed that the death of any such Principal srail riot exonerate the Suety f-orn its obligations under this Bond. Witness our hands this ahlcay o Tom Crocker dba Unity Constructors Name or Contracto, (P ncipalj Ranger Insurance Company Name of Surely 10777 Westheimer Rd., Ste 45 Houston, TX 77042 Address of Surety 713- 961 -5888 lep Tehone f November 1998 _ w — %Autho, ze igrature/Title Authoriz'ng nature Mark Richardson, Attorney -in-Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attachedl CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT _ State of California County of Orange On November 9, 1998 before me B. Duncan. Notary Public DATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) 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 he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their B. DUNCAN signature(s) on the instrument the person(s), or the commission# 05:,223 i -: Notary Public— CoLfaTiio >_ entity upon behalf of which the person(s) acted, orange County executed the instrument. Comm. Expires Au 7, 2x7 WITNESS my hand and official seal.. SIGNATURE OF-NOTARY OPTIONAL Through the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN- FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I ss. ��2C� County of .. On before me, - ��J11�(u,l,I��rCa2.ct Put3iiL Data _ Name and Tile of officer (e g.. `Jane Dce, Notary Public'} personally appeared A B. DONCAN r 11 Gommissian 1150273 -® Notay °'u�lic— Calitomic Oro ^ge County MY Comm. Expires A personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand,0 fficial seal. Pla�e Noay eeai nbnve SI n' Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name. Individual .: Corporate Officer — Title(s): Partner — - Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: me ol, t i I I � ( i I ( li G. 1997 National Notary AeSnO�abOn • e35C De Soto Ave PC Box 2402 - Cna%s =, CA @1'13 -2%0' Ptod No 5901 Rewoe- call1.11 Free 1- 800 676, 6827 ianger Insurance Company RIC 0522299 Houston, Texas LEmTED POIATR OF ATTORNEY LIMITED TO BID BONDS ONLY BID AMT: 132, 000.00 BOND AMT: 13, 200.00 BOND No.: RIC 05222 Know all men by these Presents, that RANGER INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Eric Lowey, Mark Richardson, Brooke Duncan its true and lawful Attorney -In -Fact, . for it and in its name, place and stead to execute on behalf of the said Company, as surety, bid bonds, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bid bond executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 00 /100 Dollars ($500,000) This Power of Attorney is Restricted to Use with Bid Bonds Only. This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted bythe Board of Directors of RANGER INSURANCE COMPANY on the 12th day of February, 1998. Resolved: That V. Preen Weiss. Chairman of the Board. Robert H. R,ct. President and Ohre' Executive Officer. and Senior Vice Presidents Michael P. Fay. Roben K. Hemen, Jr.. Jerry B. Mackay, Philip d. Quine, and Robert J. Sane. or any of them, shall have the power 10 Scheme Ahorneys -In -Fact as the business of the Company may require or to authorize any persons to execute on behalf 0' the Company any bonds. undertakings. recognizances stipulations policies contracts, agre¢ments . deeds and release and assignment! of judgments decrees, mdngades and instruments in the nature of Onondagas and also all other instruments and dow nentS'snich the business 0' the Company may require and to affix the sea! of the Company there¢. Resolved Further: The: 192 Company'Seal and the signature of any o!In&abte ltd officers may be affixed by facsimile to any power Of atlomev certificate Of either given forthe ex ecution of any done. unde.naking. contract or suretyship. or other written obligation in the nature the -eo', such signature and sea! when so used being hereby adopted by the Company as the original signature of such officer and the original seal o' the Company. to be vafid and bindmo upon the Cpmda-iy with the same force and effect as though manually affixed In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be signed oy one of its Vice Presidents and attested by its Secretary this 12th day of February, 1998. RANGER INSURANCE COMPANY e, C�u AA,NC "'vE Attest: By: - "' S.•OpP ORgTf•C}g `[ EAL F o z S :a Secretary Senior Vice President `g 1.923• x° The State of Texas County of Harris On this 30th day of March, 1998 before me personally came Barbara Blasingame and Michael P. Fay, to me known, who being by me duly sworn, did depose and say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY, the Company described in and which executed the above instrument; that they know the seal of the said Company; that the seal affixed to the said Instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that theV signed their names thereto by like order. 0--FEBRUARY DIMPLE L. ROBINSON Notary Public Notary Public, State of Texas My Commission Expires 25, 2002 Certificate I. the undersigned. the Senior Vice President of RANGER INSURANCE COMPANY. a Delaware corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors. set forth in the said Power of Altomtfy. is now In force. Signed and sealed in the Citv of Houston. In the State of Texas. Dated the 1 0th day of November .19 98 8/28/99 Expires: ........... _ -... (RIC LpOA na tCCp., ,Alu. Si`.r 'thew ! • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND BAYFRONT REPAIRS CONTRACT NO. 3166 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) PAGE 7 o►✓L / k4x' being first duly sworn, deposes and says that he or she is Oti]NFL of � I I J 11:� C o4Sf+u-taL -1JAhe 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. Bidder `Authorized Signature/Title Subscribed and sworn to before me this day Notary Public C04 f 11502M Z -4 Notary Pubiic — Colifa-nic > Oronoe County My Comm. Er, Tres Auq 7, 2X? f My Commission Expires: t t.