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.