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HomeMy WebLinkAboutC-3206 - Newport Pier Inspection & Repair, Fiscal Year 1998-99CITT OF NEWPORT AACH August 31, 1999 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 John S. Meek Company Attn: Jim Jilk 1032 West °C° Street Wilmington, CA 90744 Subject: 1998 -99 Newport Pier Repairs, (C -3206) To Whom It May Concern: On July 26, 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 July 27, 1999, Reference No. 19990547289. The Surety for the contract is Great American Insurance Company, and the bond number is 2- 60- 19 -62. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, A r .,, aVonne M. rkless, C1CIC //A E City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 BIDDER'S BOND 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 Ten Percent of the total ara= bid in Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 1998- 99 NEWPORT PIER REPAIRS, Contract No. 3206 in the City of 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 mailing 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 25th day of March '19 99 John S. Meek Carpany, Inc. A:� v 2 L / -ii Name of Contractor (Principal) A on ed Sjgnaturall-itle Great ke ican Insurance Company Name of Surety 750 The City Drive South, Suite 300 Orange, Ca. 92868 Address of Surety (714) 740 -3287 Telephone Agent Signature Jannina Monroe, Attorney- L-rFact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) State of County of California a Orange • On Mu-ch 25, 1999 before me, V.M. Campbell, Notary Public DATE NAME. TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' personally appeared Janina Monroe NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is *4 subscribed to the within instrument and acknowledged to me that ke /she /ttyt executed the same in JnWher /fir authorized capacity(ies), and that by hWherAlmdtx signature (s) on the instrument the person(s), or the entity upon behalf of which the person(s) CAtv1PSELLL acted, executed the instrument. CU COMM. #1200319 y m W NOTARY PUBUC-CAUFORNIA ORANGE NOW ni 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 -I N -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 0 CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles On March 31, 1999 before me, Diane Edwards Notary Public, John S. Meek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as President of the John S. Meek Company, Inc., and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. y p iANE EDWARDS 4r W �. wiSM. #709763a CJ's NOT4A'+ J7UC CALIFORNIA m LOS AN_EtES COUNTY W .. My Comm :upi�ea Mere 2p. 211p0 Ir GUM ANERICAN INSURANCE 00IMPANY6 580 WALNUT STREET. CINCINNATI, OHIO 45202. 513. 369.5000 • FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13868 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power THOMAS C. McCALL ALL OF ALL K.R. VIODES COSTA MESA, UNLIMITED VICTORIA M. CAMPBELL CALIFORNIA I,ANIN� MONROE This ower o Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN W ITNESS WHEREOF the GREAT AMERICAN INS U RANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of February 1999 Attest STATE OF OHIO, COUNTY OF HAMILTON -- ss: GREAT AMERICAN INSURANCE COMPANY On this 5th day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the scab, that it was so affixed by authority of his office under the By -1 -aws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time io time, to appoin t one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, an v and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof.- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. R E.501, VFD FUR THFR: That the Company .real and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25th day of Match , 1999 S 10295 (11 197) Executed in A Counterparts • PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 BOND NO. 2 60 19 62 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to John S. Meek Company, hereinafter designated as the "Principal," a contract for construction of 1998 -99 NEWPORT PIER REPAIRS, Contract No. 3206 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. 3206 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, John S. Meek Company, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of one hundred eighty -nine thousand, nine hundred seventy -five Dollars ($), 189,975.00 lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or- .labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 Fj PAGE 15 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 Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of April _,1999. John S. Meek. Com Name of Contractor (Principal) Great Amercian Insurance Compa> Name of Surety "750 The City Drive South, Suite Orange, California 92868 Address of Surety (714) 740 -3287 Telephone &� I J SignatureMtle Agent Janina Monroe, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles On April 20, 1999 before me, Diane Edwards Notary Public, John S. Meek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as President of the John S. Meek Company, Inc., and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. V, ItAUC. State Of California • • County of Orange On 4 -19 -99 before me, K.R. Viodes, Notary Public DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PURL + personally appeared Janina Monroe NAME(S) OF SIGNER(S) 0 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 i*shefRbaey executed the same in hWherfCheiilt authorized capacity(ies), and that by4Wher /heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) K. R. VIOCES acted, executed the instrument. Commission = 1180488 z Dlofary Pubiic California orange County ,My Comm-Epires May 4, 2DO2 WITNESS my hand and official seal. 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 ❑PARTNER(S) ❑LIMITED ❑GENERAL X❑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 GUM ANERIGAN INSURANCE COMPANY" 580 WALNUT STREET • CINCINNATI, OHIO 45202 e 513- 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 0 13868 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the taws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power THOMAS C. McCALL ALL OF ALL K.R. VIODES COSTA MESA, UNLIMITED VICTORIA M. CAMPBELL CALIFORNIA JANIN� MONROE This Power o Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN W ITNESS WHEREOF the GREAT AMERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of February 1999 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 5th day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company. the Companydcscribed in and which executed the above instrument: that he knows theseal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of .Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereb v is authorized, from time to t ime, to appoint one or more Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. R E.SOL VED FUR TNER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 19th S1029S(11197) dayof April 1, 1999 Execute 0n Four Counterparts • PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 BOND NO. 2 60 19 62 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2 736 no being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to John S. Meek, Company, hereinafter designated as the "Principal ", a contract for construction of 1998 -99 NEWPORT PIER REPAIRS, Contract No. 3206 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. 3206 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and John S. Meek Company, duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred eighty -nine thousand, nine hundred seventy-five Dollars ($ 189,975.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 L, PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19 t hday of April , 19 99 . John S. Meek, Company Name of Contractor (Principal) Great American Insurance Company Name of Surety 750 The City Drive South, Suite 3 Orange, California 92868 Address of Surety (714) 740 -3287 Telephone Janina Monroe, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1/99 0 11 CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles On April 20, 1999 before me, Diane Edwards Notary Public, John S. Meek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as President of the John S. Meek Company, Inc., and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. "rA \_ EDWARDS V')MM. # 1091634 p �w 101: API °VBUC- GAU%ORNIA -J SNOFLES COVNTV V" �Mo le State of County of On personally ap Calif orn Orange 4 -19 -99 DATE before me, K.R. Viodes, Notary Public NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC Janina Monroe NAME(S) OF SIGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are_ subscribed to the within instrument and acknowledged to me that 4*she/they executed the same in iaie(her%dteeite authorized capacity(ies), and that by"s /herlbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) _ K R. VIODES i acted, executed the instrument. t Commission :f 1180488 z - -® Notary Public- Californic i ' Orange County July Comm. Wes May 4, 2302 WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, R 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 0 ATTO R N EY -I N -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 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 C ■ Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorr Fee 19990547289 11:54am 07/27/99 005 12058841 12 27 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt =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 John S. Meek Company of Wilmington, California, as Contractor, entered into a Contract on April 12, 1999. Said Contract set forth certain improvements, as follows: 1998 -99 Newport Pier Repairs, C -3206 Work on said Contract was completed on May 28, 1999, and was found to be acceptable on July 26, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY �Z.J %ZCGZjryu,44, . Public Works Director, 4,44, 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 one BY n /- it -�. �'' ) I „4', %,,' City Clerk , at Newport Beach, California. r "" 0 I� L J � t7 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 1998 -99 NEWPORT PIER REPAIRS ACCEPTANCE OF CONTRACT NO. 3206 RECOMMENDATIONS: • i1' �J -)I�L L'' July 26, 1999 CITY COUNCIL AGENDA ITEM NO. 8 COMPLETION AND 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On April 12, 1999, the City Council authorized the award of the 1998 -99 Newport Pier Repairs contract to John S. Meek Company of Wilmington, California. The contract provided for the repair work to the pier including the replacement of five (5) wood piles. 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: $189,975.00 Actual amount of bid items constructed: 172,709.00 Total amount of change orders: 15,200.00 Final contract cost: $187,909.00 The decrease in the amount of actual bid items constructed over the original bid amount resulted from a reduced amount of polyethylene pile wrap placed as measured in the field. The final overall construction cost including change orders was 1.1% under the original bid amount. The following two (2) change orders were issued to complete the project: A non - compensatory change order provided for a 23 working day time extension due to unavailability of pile wrap material. A change order in the amount of $15,200.00 provided for installing two additional piles at the unit cost. Following removal of the marine growth during construction, these piles were found to be severely damaged. SUBJECT: 1998 -99 Newport Pier Ors - Completion And Acceptance of Contract No. July 26, 1999 Page 2 Funds for the project were budgeted in the Tideland & Submerged Land Fund - Account No. 7231- C5100153 (Newport/Balboa Pier Inspection /Replacement). The original scheduled completion date was May 28, 1999. Due to extra work and the approved time extension, the project was completed on July 9, 1999. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: l "/ `1&/ J Horst Hlawaty, P.E. Construction Engineer 0 • ewsasbewnzrec�cwnanrreeooti�ir- 2e�per c32os.eoc 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 xempt rom reco ing lees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John S. Meek Company of Wilmington, California, as Contractor, entered into a Contract on April 12, 1999. Said Contract set forth certain improvements, as follows: 1998 -99 Newport Pier Repairs, C -3206 Work on said Contract was completed on May 28, 1999, and was found to be acceptable on July 26, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY Zcuo[/%�CG(/►xM4ClW�. Public Works Director, 4164) 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 t- Lj at Newport Beach, California. OT. NeWa BY 626�/t,4nAlc City Clerk c? ,r � CITY CLERK 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 31st day of March. 1999, at which time such bids shall be opened and read for 1998 - 99 NEWPORT PIER REPAIRS Title of Project Contract No. 3206 $140.200.00 Engineer's Estimate pprov d by Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Steve Luy, Project Manager at (949) 644 -3330. . t PAGE t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 0 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. B. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 709151 A Contractor's License No. & Classification John S. Meek Company, INc. Bidder I P ident th rized SignaturelTitle I x/30/99 Date 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. John S. Meek Company, INc. Bidder Signature/Title President PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Completed Name /Agency Person Telephone To Contact Number 1997,98,99 Newport and Balboa pier repairs for City of Newport Beach 1998 Pier survey and repairs Mazzin Azzawi 310 - 318 -0661 City of Redondo Beach 1998 Several Projects Matt Koerber 310- 732 -3;1,2 Port of Los Angeles Bidder Authorized Signature/Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of L . A . ) PAGE 6 John S. Meek being first duly sworn, deposes and says that he or she is President of John S. Meek Company, Ir1Sie party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. i' John S. Meek Company, Inc. fin,. /// President Bidder t orized Signature/Title Subscribed and sworn to before me this 31 day of /yl Ak C H 19 pq 61 ;61f) C-G cea--V6� NottaryPublic v 1 ,;• ;: U*APSE EUWARDS t+ F ` C6MM. #1091634 1p 0 NOTARY FUSi1C - CALIFORNIA LOS ANGELES COUNTY U is .c F MY Comm. 3xpims March 20.2000 [SEAL] My Commission Expires: lWt'' oiC100 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 NOTICE TO SUCCESSFUL BIDDER PAGE 7 The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of 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. 9 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 NEWPORT PIER REPAIRS CONTRACT NO. 3206 CONTRACT THIS AGREEMENT, entered into this 13th day of April, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and John S. Meek Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 1998 -99 NEWPORT PIER REPAIRS Project Description 3206 Contract No. 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: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No, 3206, Standard Specifications for Public Works Construction (current adopted 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. B. 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: 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. PAGE C. COMPENSATION 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 one hundred eighty -nine thousand, nine hundred and seventy -five Dollars ($ 189,975.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. 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. E. 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: Steve Luy (949) 644 -3330 CONTRACTOR John S. Meek Company 1032 West "C" Street Wilmington, CA 90744 Attention: Jim Jilk (310) 830 -6323 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE 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. 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 9 0 PAGE 10 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 0 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) All Coverages 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. 5. 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 E 0 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. 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. 3. 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. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day CITY CLERK AS TO FORM: ii I I 11;1 CITY OF NEWPORT BEACH A Municipa rporation p By: G Dennis D. O'Neil, Mayor C Guillffffouelzq By: re a f:\ users \pbwlshared \contracts \99\newport pier repair, c- 3206\98 -99 newport pier contract.doc 04/12/99 M IA 711T. z. 4/14/99 .. ... ........ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Aon Risk Services, Inc. of Southern California RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 707 Wilshire Boulevard, Suite 6000 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, California 90017 (213) 630-3200 COMPANIES AFFORDING COVERAGE COMPANY LETTER A CLARENDON AMERICAN INSURANCE CO CODE SUB-CODE COMPANY LETTER B RELIANCE INSURANCE CO INSURED John S. Meek Company, Inc. COMPANY 1032 West "C" Street OTTER UNITED UNITED NATIONAL INSURANCE CO Wilmington, CA 90744 COMPANY D LETTER COMPANY E LETTER COVERAGES _-M-407 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY IDIPIRATION LIMITS LTR DATE (MMMDh`Y1 DAM (MMADDNY) A GENERAL LIABILITY GENERAI.AGGREIGJUE $ 2,000,000 ,?. COMMERCIAL GENERAL LIABILITY TNCO69898D291 1/1199 11112000 PRODUCTS-COMINOPS AGGREGATE $ I,wo.000 % �ct_Almsmuupl ;�.cx;CURRENCE PERSONAL & ADVERTISING INJURY $ 1,000,000 I OANERS 3 CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (ANY ONE FIRE) $ 50,000 MEDICAL UPENSE PAY ONE PERSON) $ $,000 AUTOMOBILE LIABILITY PBOST0929 1/1 1/1/2000 1,000,000 ANY AUTO /SL AI.LOIANUID AUTOS tlC INSURANCE A PROVED ell BO�Z.N.IY B SCHEDULCDAUTOS 'A .UR IF I 0 HIRED AUTOS CK R MANAG EF L NONDVyN5D AUTOS (PER ACCI END GARAGE LIABILITY C EXCESS LIABILITY CU49399 1/1/99 1/1/2000 EACH AGGREGATE OCCURRENCE Lv� UMBRELLA FORM 5,000,000 $ 5,000,000 OTHER THAN UMBRELLA FORM 0 $ 0 WORKERS' COMPENSATION STATUTORY $ 0 (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ 0 (DISEASE POLICY UMIT) $ 0 OTHER DESCRIPTION OF OPERATIONSILOCATONSM:HICLESIRESTRICTIONS/SPECLAL ITEMS: 881152334 NEWPORT PIER REPAIRS - CONTRACT 03206 City of Newport Boom, As officers, officials, employees and volunteers are to the coversicl as additional insureds US IeWC% liability arising out Cd achVhioS ponforrhod by or on behaq of the Corarachin The insurance shall be primary. . .. .. .. .. .... .. .... . . E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MN6(%W0 MAIL PUBLIC WORKS DEPT. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 ATT STEVE LUY i!gil', AUTHO ED RE iNTATIVE 11P willm, POLICYNUMBER TNCO698960291 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers SCHEDULE: NEWPORT PIER REPAIRS - CONTRACT #3206 2334 (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 work" for that insured by or for you. Primary Insurance Clause: It is further agreed that the insurance provided by this endorsement is Primary. Other insurance afforded to the Additional Insured shall be excess of, and does not contribute with, the insurance provided by this endorsement. CG 20 10 11/85 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc. 1984 9� Rte- CERTIFICATJ (UF LIABILITY INSUR ' ` S F 2 0 4/14 CE�sR L °AT4 /140/9 JOFIN- � - /99 PRODUCER THIS CERTIFICATE IS 09LIED AS A MATTER OF INFORMATION Wood - Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' License $0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14192 Franklin Ave. , Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 -7044 COMPANIES AFFORDING COVERAGE James E. Gutmann COMPANY Phone NO. 714 -505 -7000 Fax Na. 714- 573-1770 A American Home Assurance INSURED COMPANY B COMPANY John S. Meek Company, Inc. C 1032 West "C" Street Wilmington CA 90744 COMPANY D COVERAGES, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDDA'Y) POLICY EXPIRATION DATE(MMIDD" LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS- COMPIOP AGG S COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PERSONAL& AOV INJURY S EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE {Any one fire) S — MED EXP(Any one person) S AUTOMOBILE LIABILITY l/ COMBINED SINGLE LIMB 8 ANY AUTO I ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SUUNCEJI (Pe INJURY {Pe non) $ / C BOOIL INJURY (Per ddenU $ ATE ISK MANAGE? PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: - - ANY AUTO EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACHOCCURRENCE S AGGREGATE S UMBRELLA FORM S OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH TORY LIMITS ER EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE WC5842086 01/01/99 01/01/00 EL DISEASE - POLICY LIMIT S1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESSPECIAL ITEMS *10 days notice of cancellation for non payment of premium. RE: 98 -99 Newpor Pier Repairs. Contract 3206. Workers Compensation Waiver of Subrogation in favor of The City of Newport Beach, its officers, officials, employees, and volunteers has been requested. 'CERTIFICATE HOLDER, . ; ; . -- r. .CANCELLATION Nh•WP005 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Dept. P.O. Box 1768 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92659-1768 OF ANY KIND UPON THE COMPANY, ITS AGENTS REPRESENTATIVES, AUTHORIZED REPRESENTATIVE James E. Gutmann -ACORD 25-5 (1195) F, - - `S ACOR0 CORPO. ATION 1988- - 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 1999 NEWPORT PIER REPAIR CONTRACT NO. 3206 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. 3206 in accord with the Plans and Special Provisions, and will take in full payment therefore the following price for the work, complete in place, to wit: #1 BEARING PILE REMOVAL AND REPLACEMENT (Piles driven to bearing capacity) Approx. For furnishing all labor, materials, (excepting piles), tools, Quantity equipment, and transportation and performing all work required, 5 including all removals and disposal (including but not limited to, concrete slab, decking, stringers and blocking) and to install timber bearing piles including polyethylene pile covers in accordance with the Drawings and this Specification, the UNIT PRICE per Bearing Pile of coo (words) (figures) TOTAL based on the stipulated approximate quantity at the unit price bid (words) (figures) Page 1 #2 POLYETHYLENE PILE COVERS Approx. For furnishing all labor, materials, tools, equipment, and Quantity transportation and performing all work required, including removing 1850 Lineal ft. marine growth from existing in -place timber piles and installing polyethylene covers in accordance with the Drawings and this Specification, the UNIT PRICE per Lineal ft. of cover installed (words) (figures) TOTAL based on the stipulated approximate quantity at the unit price bid N, w, d �LX o i($ 6 , , ) (words) (figures) #3 LUMP SUM CONSTRUCTION For furnishing all labor, materials, tools, equipment, and transportation and doing all work required to perform all removals and disposal, repairs and construction to complete the 1999 Newport Pier Repairs Contract in accordance with the Drawings and this Specification (excepting unit price items No. 1, 2), the LUMP SUM of (words) (figures) TOTAL BID GRAND TOTAL of bid items #1, #2, & #3 / ZJ �� M1' 9tC�1// ? Af N/ 7uL / (Q / (words) (figures) Page 2 • The award will be made to a single contractor. Bidders are required to bid on all items and must fill in all blank spaces and give the price bid in both words and figures. In the event of discrepancies between unit prices and totals, the unit prices in words shall prevail. Bidder's Name John S. Meek Company, Inc. Bidder's Address 1032 West "C" Street, Wilmington, cA 90744 Bidder's Telephone Number 310 -830 -6323 Contractor's License No. & Classification 7l� _ "/ 3/30/99 /` A President Date Page 3 Signature & Title • • x.38/ -tom � • April 12, 1999 CITY COUNCIL AGENDA ITEM NO. 14 TO: Mayor and Members of the City Council 8 .e FROM: Public Works Department APPROVED SUBJECT: 1998 -99 NEWPORT PIER REPAIRS —AWARD OF CONTRACT NO. 3206 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3206 to John S. Meek Company, Inc. for the Total Bid Price of $189,975, and authorize the Mayor and the City Clerk to execute the contract and establish an amount of $18,681 to cover the cost of unforeseen work. 3. Authorize a budget amendment to transfer funds in the amount of $114,000 from three Tide and Submerged Land General Fund accounts to Newport/Balboa Pier Inspect/Repairs Fund Account No. 7231- C5100153. DISCUSSION: ►_J At 11 a.m. on 31St of March, 1999, the City Clerk opened and read the following bid for this project: Low John S. Meek, Inc. TOTAL BID AMOUNT $189,975 The low total bid amount is 36% above the Engineer's Estimate of $140,200. The sole bidder, short period to complete the work and the specialized nature of the work contributed to the high bid amount. John S. Meek, Inc. has satisfactorily completed similar pier repair projects for the City. This project provides for repairs to the Newport Pier as recommended by the City's Consultant, Don Hellmers Engineering, in their 1998 -99 Pier Inspection Report. The Newport Pier repair will be followed by a similar project in the next fiscal year for the Balboa Pier. The contract specifications provide for completion of the work by May 28, 1999. The City has contacted managers of the pier restaurant and will work with them to minimize any impact on their business. SUBJECT: Newport Pier Repe- Award of Contract No. 3206 • :'� All, April 12, 1999 Page: 2 The current budget provided $170,000 for pier inspection and repairs. The inspection, • emergency replacement of piles on the Balboa Pier and purchasing of piles for this project has utilized a little over $75,000. To provide the additional funding for this project, it is recommended that funds be transferred from the following Tide and Submerged Land Fund accounts into Newport/Balboa Pier Inspect/Repairs Fund Account No. 7231- C5100153. Beach Replenishment Program 7231- C5100282 $ 26,500 Balboa Island Bayfront Repairs 7231- C5100314 $ 47,941 Upper Bay Sediment TMDL Compliance 7232- C5100455 39,559 $114,000 The funds in the Beach Replenishment Program were provided for ocean front sand replenishment, if needed. None was needed this year. A little over $50,000 has been spent this year on Balboa Island Bayfront repairs. Additional repairs are still needed, but a project cannot be completed before June. The proposed CIP budget provides $100,000 for Balboa Island Bayfront repairs. This amount will cover the continued repair program. The Upper Bay Sediment TMDL Compliance Program will not require funds until next fiscal year. Respectfully submitted, . PUBLIC KS DEPARTMENT Don Webb, Director By: J'Z7 1-2 4 Stephe J. Lu , P.E. Associate Civil Engineer \ \MIS_t \SYS \Users \PBW\Shared \COUNCIL \FY98- 99Wpril- 12 \98 -99 Newport Pier Repairs C- 3206.doc i • cry of Newport Beach BUDGET AMENDMENT 1998 -99 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND X Transfer Budget Appropriations NX from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 056 AMOUNT: f1la,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer unused capital project funds to provide for Newport Pier repairs. There was a prior budget amendment to the pier repair capital project in the amount of $48,000 in May 1997. This budget amendment has no effect on fund balance. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control ,SNUEAPPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands - Capital Account Number C5100282 Beach Repienishment Program $26,500.00 Division Number 7231 Tidelands - Capital Account Number C5100314 Balboa Island Bayfront Repair $47,941.00 Division Number 7232 Tidelands -Upper Bay Account Number C5100455 Upper Npt Bay Sediment TMDL Compliance $39,559.00 Division Number 7231 Tidelands - Capital Account Number C5100153 Newport/Balboa Pier Inspection /Repairs $114,000.00 Division Number Account Number ' Automatic System Entrv. i Signed: .U,L. ' n App roval: Finance Dire r Date Signed: dmtnistrative Approval: City- Manager p City Council Approval: City Clerk Date s„ (Sy of Newport Beach* NO. BA- 056 BUDGETAMENDMENT 1998 -99 AMOUNT: 5114,000.00 -ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations X No effect. on_Budg.eta_ry..EuIld Balance. from existing budget appropriations from additional estimated revenues gyp' ; from unappropriated fund balance VW41 EXPLANATION:rz1� This budget amendment is requested to provide for the following: °-�-- °- •- ^= —•°-- • -• To transfer unused capital project funds to provide for Newport Pier repairs. There was a prior budget amendment to the pier repair capital project in the amount of $48,000 in May 1997. This budget amendment has no effect on fund balance. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control " 7NUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands - Capital Account Number C5100282 Beach Replenishment Program $26,500.00 Division Number 7231 Tidelands - Capital Account Number C6100314 Balboa Island Bayfront Repair $47,941.00 Division Number 7232 Tidelands -Upper Bay Account Number C5100455 Upper Npt Bay Sediment TMDL Compliance $39,559.00 Division Number 7231 Tidelands - Capital Account Number C5100153 Newport/Balboa Pier Inspection /Repairs $114,000.00 Division Number Account Number Automatic Svstem Entrv. Signed: Fina c Approval: Finance Dire r Date Signed: dm //is�t rative Approval: �CI1' MQ'a /n�a'ger ' Date f Signed: i(/t)'7Lni.. l � l r / IQ /L1X -�� — D, ' I/ / City Council Approval: City Clerk Date z