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HomeMy WebLinkAboutC-3241 - Mariners Library Roof ReplacementCIT� OF NEWPORT B?ACH August 17,1999 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Long Beach Roofing Company 2827 East 14�h Street Long Beach, CA 90804 Subject: Mariner's Library Roof Replacement, (C -3241) To Whom It May Concern: On July 12, 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 13, 1999, Reference No. 19990515929. The Surety for the contract is American Motorists Insurance Company, and the bond number is 3SM 957 057 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 • PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY RQOF REPLACEMENT CONTRACT NO. 3241 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 Five Thousand Only -- dollars ($ 5 , 000.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MARINER'S LIBRARY ROOF REPLACEMENT, Contract No. 3241 in the City of Newport Beach, is accepted by 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 19th day of April 19 99 . Long Beach Roofing, Inc. Name of Contractor (Principal) AMERICAN MOTORISTS INSURANCE COMPANY Name of Surety 7470 North Figueroa Street Los Angeles, CA 90041 Address of Surety (323) 257 -8291 Telephone Authorized David Z. 4onle, Attorney -In -Fact Print Name and T ,ie (Notary acknowledgment of Principal & Surety must be attached) 0 1] �y MW0... .�. ... State of California County of Los Angeles On APR 1 9 1999 before me, A. Melendee NoLa Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER E Personally known to me - OR - ❑ eeeeMA. MELEND� Z r�MNI. #1077910 R s` - -;� \GEES _x^,uas ycvzmher 19,1999 o MeeeeGee +eNeeee • eauee +weeetlee 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. FSS y h d and of tcial seal. (SIGNATURE OF NOT 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 SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER =E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrIY(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APR 19 1999 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrIY(IES) DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES APR 19 1999 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company ") do hereby appoint David Z. Noddle of Los Angeles, California their true and lawful agent(s) and attomey(s) -in -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 their 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 delver any bond or undertaking which guarantees tho 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 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 their regularly elected officers at their 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 resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: NOTED, 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, 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 Boards of Directors of the Company at a meeting duty 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 their corporate seals to be affixed by their authorized officers, this January 1, 1994. Attested and Certified: Robert P. Hames, Secretary by Lumbermen Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company J. S. Kemper, III, Exec.Vioe President 0 0 PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 BOND NO. 3SM 957 057 00 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Long Beach Roofing, Inc. hereinafter designated as the "Principal," a contract for construction of MARINER'S LIBRARY ROOF REPLACEMENT, Contract No. 3241 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. 3241 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Prindpal'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 setforth: NOW, THEREFORE, We the undersigned Principal, and, Long Beach Rooting, Inc., duty 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 forty - three thousand, six hundred twenty -four and 80/100 Dollars ($43,824.80) 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 perfomnance 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 0 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 12th day of May —'19 99, Long Beach Roofing, Inc. Name of Contractor (Principal) American Motorists Insurance Company Name of Surety 7470 North Figueroa Street Los Angeles, CA 90041 Address of Surety (323)257 -8291 Telephone David Z. Noddle, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Los Angeles y `. On 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 ..« . ............................... • C.CLARKSON instrument. R COMM. #1154439 G 2 .® NOTARYPUBLIC - CALIFORNIA s WITNES my hand and official seal. LOS. ANGELES COUNTY 2 MY Comm. 6NiM Seq. 5, 2001 1Ml111N111111111111111N1111N11� 0 (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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ------ ❑ PARTNER(S) ❑ LIMITED ------ — ----- ❑ GENERAL NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR L iyyy ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE McMPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: • That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company') do hereby appoint David Z. Noddle of Los Angeles, California their true and lawful agent(s) and attomey(s) -in -fact, 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 their 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, 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 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 their regularly elected officers at their 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 resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are 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, 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 Boards 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 their corporate seals to be affixed by their authorized officers, this April 7, 1999. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company Q r � 1 irk ti, Y L IWrGI{ Robert P. Harries, Secretary by J. S. Kemper, III, Exec.Vice President PREMIUM BASED ON FINAL CONTRACT PRICE PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 BOND NO. 3SM 957 057 00 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 872.00 being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion awarded to Long Beach Roofing, Inc., hereinafter designated as the "Principal ", a contract for construction of MARINER'S LIBRARY ROOF REPLACEMENT, Contract No. 3241 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. 3241 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Long Beach Roofing, Inc., 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 or forty-three thousand, six hundred twenty -four and 801100 Dollars ($43,624.80), 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, finny 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.falls to indemnify, defend, and save harmless the City of Newport Beach, As officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. • PAGE 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 reoelved, 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 12th day of May , 1999 . Long Beach Roofing, Inc. Name of Contractor (Principal) American Motorists Insurance Company Name of Surety 7470 North Figueroa Street Los Angeles, CA 90041 Address of Surety (323)257 -8291 Telephone David Z. Noddle, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED it" S n i� State of California County of Los Angeles On m NA 1 before me, C. Clarkson, Notary Public NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■Personally known tome -OR - ❑ proved tome 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 a .... ............................... instrument. C. RKSON R COMM. M, # #1154439 c WITNESS my hand and official seal. NOTARY IA S i %16LIC - CALFORN R IDS ANGELES COUNTY 2 i0000000eoeoo MY C000n E' eee000aoo200o� (SIGNATU E 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR MAY 12" ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ppy.;' ` RECORDING REQUESTE6 BY AND WHEN RECORDED RETURN TO: '99 Jul- [0 City Clerk City of Newport Beach 3300 Newport BouleftidrE c Newport Beach, CA 92663,,. 0 Oran9 e. California of :✓clerk /Record Fee Gra �`1 ed in the ilCoun le, Y Record Gary L. nv 9 : 15IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I91191191ImI5I1115929 �Ilvp% 01 03199 ..ni` CHI N125 A Go 0 0020600 0 00 0.00 0'00 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Long Beach Roofing Company of Long Beach, California, as Contractor, entered into a Contract on May 10, 1999. Said Contract set forth certain improvements, as follows: Mariner's Library Roof Replacement, C -3241 Work on said Contract was completed on June 25, 1999, and was found to be acceptable on July 12, 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 a-'t I ►�aG�u Ma�ry� Public Works Director, A�}.h5 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 ont(<< / f />�i, at Newport Beach, California. BYG /c %n City Clerk 0 9 TO: Mayor and Members of the City Council FROM: Public Works Department 0 July 12, 1999 CITY COUNCIL AGENDA ITEM NO. 6 SUBJECT: MARINER'S LIBRARY ROOF REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3241 RECOMMENDATIONS: .jUL. 2 1. Accept the work. -- 2. Authorize the City Clerk to file a Notice of Completion. PROVED--, 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion as been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On May 10, 1999, the City Council authorized the award of the Mariner's Library Roof Replacement Contract to Long Beach Roofing Company contract provided for the re- roofing of the Mariners Library contract has now been completed to the satisfaction of summary of the contract cost is as follows: Original bid amount: Actual amount of bid items constructed: Total amount of change orders Final contract cost: of Long Beach, California. The roof and a 30 -year warranty. The the Public Works Department. A $43,624.80 43,424.80 300.00 $43,724.80 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the deletion of a minor bid item. The final overall construction cost including change orders was less than .1% over the original bid amount. One change order in the amount of $300.00 provided for raising roof vents. Funds for the project were budgeted in the Building Excise Tax Fund - Account No. 7271 - C4120433 (Library Improvements). All work was completed on June 25, 1999, the scheduled completion date. IR165 pectfully submitted, r (� PUBLIC WORKS DEPARTMENT Don Webb, Director By. Horst Hlawaty, P.E. Construction Engineer • • C -344 Vance & Associates Roofing, Iri C E I V a 837 West 17th Street P.U. Bo.x 10456 Costa Mesa Ca. 92627 Telephone 949- 646 -32'1 1 7'14 -546 -5646 Fax 949 - 631 -09." JUN 16 P2 :41 License # 168933 C -39 OFFICEOF',`LCI YCLERK CITY OF :..WPORT BEACH JUNE 16,1999 CITY OF NEWPORT BEACH ATT'N: STF.VF LUY RE: REROOFING MARINERS LIBRARY DEAR STEVE THIS REROOFING PROJECT 1S A JOKLf,1'0'11FII4. PR(.)Jl?CT MANAGI -R ANI)'ITO YOUR CITY INSPECTORS VOR T14E FOLLOWING REASONS: PUBLIC CONVENICE AND SAFETY: SLCITON 7 -10 1 -3: TRAFFIC ENG1NEP I. THERE IS NO PLAN, TRAFFIC IS A JOKE AND KIDS ARE PLAYING UNDER ALL T1IE RIOT MOP ARRAS. REBATE BACK TO CITY $1,350,00 (Check Vance's bid) 2. EDGE MliIALS AREA VERY LITL GAGE; OI 26 GAGE BUT A.S.T.M. STANDARDS ARE 24 GAGE MINU.MIM. REBATE BACK TO CITY $513.00 3. ROOFER MASTIC SHOULD BE HIGH QUALITY MODIFIED S.B.S TYPE $115.00 PER PAIL. YOUR RECEIVING $30.00 A PAIL STUFF. REBATE BACK TO CITY $1,275.00. 4. WORTHING 11OURS PLR BID DOCUMENTS WERE HOLIDAY WORKING HOURS: I'IIElR WORKING RL'GULAR W.EEKDAYS DOUBLETIME RF,BATF RACK TO CITY. Douglas Fic Vice President cc: city clerk TO :d SS60 TES 6b6 ;731 QOSSb 9 3QNb'n QI Tb ;ET Q3M 6661- 91 -Nnr 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 a.m. on the 22nd day of April. 1999 , at which time such bids shall be opened and read for MARINER'S LIBRARY ROOF REPLACEMENT Title of Project Contract No. 3241 $37.000.00 Engineer's Estimate Alternate A $30.000.00 Engineer's Estimate Alternate B (Z A oved 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 Stephen Luy, Project Manager at (949) 644 -3330. 9 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO, 3241 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. 0 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Oen'?Ll C Contractor's License No. & Classification kON6, OQX- -L R F:-1A , - -n1C, Bidder Authorized ignature/Title 6��A Date PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 INFORMAL CONTRACT 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. 2. 3. 4. 5. 6. 7. 8. 9. Subcontract Work Subcontractor Address i ♦ 1 tea.. � � AR eb, 'y -7 :.4: PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 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 q= ME, Q �� Person Telephone To Contact Number fit,._ lE.a . ate• Bidder Au .-. 2d Wd2T:£0 666T 92 'Few UL e6£b299 : 'ON 3NOH6 ONT ON1300d HDd36 ONO-T : WObd LONG BEACH ROOFING REFERENCE LIST Bidder References: Co. Name: Los Angeles County Sanitation Department - Rene Provoost $ 231,198-00 Address: 1955 Workman Mill Rd Whittier Ca 90607 Phone: (213) 283 -0881 Co. Name: Seal Beach Naval Weapons Station -Bill Whiting–ton— $ 133,677.00 Address: 800 Seal Beach Blvd., Bldg. 230, Seal Beach, Ca 90740 Phone: (562) 626 -7773 Co. Name: Los Angeles Unified School District - Roger Greenhalge See Attached list Address: 355 S Grand Ave Los Angeles Ca 90051 7 Phone: (213 ) 763 -2971 Co. Name: City of Long Beach - Albert LeBouton $ 49,729.00 Address: 333 Ocean Blvd., Long Beach, Ca 90813 Phone: (562) 570 -6216 Co. Name: National Guard Armory- Marc Juel $ 137,286.00 Address: 9800 Goether Rd.. Sacramento, Ca 95826 Phone: (916) 854 -3846 Co. Name: Huntington Beach Unified School District - Suzi McLane $ 125,420.00 Address: 10251 Yorktown Ave_ Huntington Beach, Ca 92646 Phone: (714) 964 -3339 Co. Name: Palos Verdes Penninsula USD- Dennis Welsh $ 68,471.00 Address: 3801 Via La Selvia, Palos Verdes, Ca 90274 Phone: (310) 378 -9977 X 227 Co. Name El Camino College District - Bill Elliott $ 144.189.00 Address: 16007 Crenshaw Blvd_ Torrance_ Ca 90506 Phone: (310 ) 532 -3670 Long Beach Roofing, Inc. LIST OF ALL LAUSU JOBS Chapman E.S. $ 44,850.00 1997 Weemes E.S. 40,478.00 1997 Wright M.S. 67,252.00 1998 Cimmaron E.S. 68,608.00 1998 VG 2641 142,727.00 1998 VG 2827 180,632.00 1998 Harrison E.S. 177,877.00 1998 Arlington Heights E.S. 117,472.00 1999 Edison M.S. 373,448.00 1999 Reference contact people: Roger Greenhalge Roofing Supervisor (213) 763 -2971 Ron Floydd Chief Inspector Inspection Office (213) 743 -3577 2827 E. 14TH STREET, LONG BEACH, CALIFORNIA 90804 PIIONE: (562) 439 -6801 FAX: (562) 439 -8771 LICENSE NO. 618696 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of PAGE 6 C`o o /Ja s , being first duly sworn, deposes and says that he or she is rf/ae?g i of Zo. /� ,� Xi,. , the party making the foregoing bid; that the bid is not made in the interest of, or on 6ehalf 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 L day of �h� i1 Notary Public CAROL BENSON mission # 1186414 IL Notary PutAlc - Callfamia _ Los Angeles County My Comm. tr.+ires Jun 8, 2002 +�rs►a [SEAL) My Commission Expiresi PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 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 • 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 insuring and legal agents prior to submission of bid. 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. PAGE S CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 CONTRACT THIS AGREEMENT, entered into this 11th day of May, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Long Beach Roofing, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has solicited informal bids for the following described public work: MARINER'S LIBRARY ROOF REPLACEMENT Project Description 3241, Informal Contract 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. 3241, 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 9 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of forty-three thousand, six hundred twenty -four and 801100 Dollars ($43,624.80) for Alternate "A'. 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 Long Beach Roofing Inc. Public Works Department 2827 East 14`" Street 3300 Newport Boulevard Long Beach, CA 90804 Newport Beach, CA 92663 (562) 439 -6801 Attention: Stephen Luy (949) 644 -3330 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: 1 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 10 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. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 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. Ll PAGE 11 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees additional insureds as respects: liability on behalf of Contractor, including Contractor; products and completed op occupied or used by Contractor; or borrowed by Contractor. The coverage scope of protection afforded to City volunteers. and volunteers are to be covered as arising out of activities performed by or the insured's general supervision of orations of Contractor; premises owned, automobiles owned, leased, hired or shall contain no special limitations on the its officers, officials, employees or (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. PAGE 12 3. 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. 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. 0 P PAGE 13 D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK -s •- #S •:► CITY OF NEWPORT BEACH A Municipal r(Soration �— By: Dennis D. O'Neil, Mayor CONTRACTOR By: Authorized Signature and Title PRODUGER'(949)788-0007 FAA (949)788-0071 lillennium Risk Management & Insurance Services 7700 Irvine Center Drive Suite 505 Irvine, CA 92618 Attn: Darlene Owens Ext: 231 INSURED Long Beach Roofing 2827 East 14Th Street Long Beach, CA 90804 ONLY AND CONFERS NO RIGHTS OF HOLDER. THIS CERTIFICATE DOES I ALTER THE COVERAGE AFFORDED COMPANY Legion Insurance Company /AP A COMPANY e COMPANY C COMPANY D G; INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIMITS LTR DATE (MM/)DrYY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2 , OOO, QQQ X COMMERCVrL GENERAL LIABILITY PRODUCTS - COMWOPAGG S 1,000,000 CLAIMS MADE X OCCUR . A '!! - -- CP3 0280768 PERSONAL & ADV INJURY 05/13/1999 05/13/2000 .'" " - S " —''- 1, 000 , QQQ - X OWNER'S& CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 ..........._._... _._.........._._._.._._._._.... MEDEXP (My one person) S 51000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO $ 1 r 000' 000 ALL OWNED AUTOS j BODILY INJURY S EMPLOYERS' LIABILITY '(Per person) $ ], QQQ QQQ 11.....0,...., SCHEDULED AUTOS CP3 0280768 A 05/13/1999 05/13/2000 ........... .. X HIREDAUTOS BODILY INJURY S 1,000,000 X NON -OWNED AUTOS Per accident) ( $ 1 QQQ,000 ............................ ............................... PROPERTY DAMAGE S GARAGE LIABILITY !AUTO ONLY - EA ACCIDENT .......... ____ ......... b ANY AUTO : OTHER THAN AUTO ONLY. ' .; . ^. EACH ACCIDENT :...................................................... $ ............................... AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE :........................................... ......... $ ............................ ... . UMBRELLA FORM :AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X TORY LIMITS' ER ., EMPLOYERS' LIABILITY EL EACH ACCIDENT $ ], QQQ QQQ 11.....0,...., A WC3 0280767 05/13/1999 05/13/2000 .......... ........................ ......... ..... ........... .. THE PROPRIETOR/ :INCL EL DISEASE - POLICY LIMIT $ 1,000,000 PARTNERSIEXECUTIVE OFFICERS ARE: EXCL _ __ EL DISEASE - EA EMPLOYEE $ 1 QQQ,000 ertificate Holder et al are named Additional Insured /Primary as respects General Liability per Endt. G 2010 11/85 /Waiver of Subrogation for WC attached / Mariner's Library Roof Replacement /Contract #3241 10 -day notice of CANCELLATION in the event of non - payment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL RXKX99M MAIL City of Newport Beach *10— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department Attn: Stephen Luyx�N���RW� #X�XX 3300 Newport Boulevard XXXXXXX Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Darlene Owens City of Newport Certificate issued to City of Newport Beach Millennium Risk Management & Insurance Services Policy #CP3 0280768 Additional Insured: Ctiy, its officers, officials, employees and volunteers 05/13/1999 41 Policy Number CP3 0280768 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: SCHEDULE Name of Person or Organizations: City of Newport Beach; its officers, officials, employees and volunteers Public Works Dept. Attn: Stephen Luy 3300 Newport Blvd. Newport Beach, CA 92663 RE: Contract #3241 (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 respects to liability arising out of 'your work" for that insured by or for you. "IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS OR LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THE NAMED INSUREDS OPERATIONS ON THIS PROJECT AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTING WITH THE INSURANCE PROVIDED HEREUNDER." CG 20 10 1185 Copyright Insurance Services Office, Inc. 1984 ENDORSEMENT Policy Number: WC3 -0280767 Company: Legion Insurance Effective: 05/13/99 to 5/13/00 WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE NAME OF PERSON OR ORGANIZATION CITY OF NEWPORT BEACH; ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLITPHERS ATTN: STEPHEN LUY 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 RE: CONTRACT #3241 Date: 5/13/99 Authorized Signature: 61"') 27 -99 THU 08:57 AN FAX N0. 6 • (S:CAL-SURANCE COMMERCIAL DEPARTMENT FAX COVER SHEET DATE: MAY 27,1999, TIME: 8:45A.M. TOTAL NO. OF PAGES INCLUDING COVER ( 6 ) FAX NO.: TO FROM 949 -644 -3318 FAX NO.: (714) 939.1654 COMPANY: City of Newport Beach SENDER: Mark Zahoryin ATTENTION: Mary Locey 1 Public Works PHONE NO.: (714) 939 -7463 RE: Insurance Certificates for Long Beach Roofing; P. 01/06 Please find attached checklist and copy of certificates. Please note they are acceptable per the cities requirements as outlined in the checklist. If you have any questions please call me at 714 - 939 -7463. If I am not available please ask for Celia James, or she can be reached at 714- 940 -6828. 333 City Boulevard Waft, Or¢inge, CA 92868' P.O. Box 7048, Orange, CA 92863 -704B' (714)939 -080D' FAX (714)939 -1654 iAY -27 -99 THU 08:57 AN • FAX NO. • P. 02/06 KCAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THUS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. Vvk%r y Lo o qty DATE RECEIVED: 5'2-4P"'99 DEPARTMENT /CONTACT RECEIVED FROM: T r�"InIle tWorkj _ DATE COMPLETED: 5-27 - _ SENT TO:__PVbtl - t JO rIL S BY:_ COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE. L ovleti 1. GENERAL LIABILITY: .t A. INSURANCE COMPANY. Inssircune-f- CowtY)A .F B. AM BEST RATING (A VII or gre O; —A VII I C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted in California'? Yes D. LIMITS: (Must be $1,000,000 or greater) What is linul provided? ,LOeoe * A4"IdL Ipdenao ea, E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Yost No F. ADDITIONAL INSURDED WORDING TO INCLUDE. ( The City its officers, agents. officials, employees and volunteers). Is it included'? Yes_✓ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (.Must be included) Is it included? Yes v/_ No H. CAL710NI ( Confirm that loss or liability of the Narued insured is not limited I I I by their negligence.) Does endorsement include `solely by negligence" wording? Yes No___ f. NOTIFICATION OF CANCELLATION: Although there is a provision that r jyuues notification of cancellation I certified mail; per Lauren Farley the City will accept the endeavor wording. L)OCS rto tAc LvcL- CW�.,JOr It. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY. Leglort vX s.rr4yy-< CeftkP0^y /-4P B. AIv[ BEST RATING (A VII or greater): A V tL,1 .// C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Ycs__V No D. LLVITS: ( Must be $1,000,000 minimum BI & PD and 5500,000 UM) What is limits provided'? E. ADDITIC NAL INSURED WOPDFN9 TO INCLUDE: (The City its officers ,agents. officials, employees and volunteers). is it included'? Yes V1 No F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included'? Ycs -%Z No _ G. NOTIFICATION OF CANCELLATION: Although thcrc is a provision that requires notification of caneeltation certified mail per Lauren Farley the City will accept the endeavor wording. D"5 nod' t vcc lV(., _ e.�1.[wuor word veal. III. WORKERS COMPENSATION: A. INSURANCE COIvIP.-LNY:_� -�C9. ON Vt�,_ Avl B. AM BEST RATING (A VII or greater) Vet t C. LIv1ITS:Slatulo'_L/ J Arm �VCO,6e0 W" D. WAVIER OF SUBROGATION: (To include). Is it included? Yes C No HAVE ALL, ABOVE REQUIREMENTS iFEN MET? Yes—ZNo IF NO, WHICH ITEMS NEED TO BE COMPLETED? Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT REVISED PROPOSAL MARINER'S LIBRARY ROOF REPLACEMENT CONTRACT NO. 3241 To the Public Works Director City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The major difference in the alternate bid proposals relates to the installation of a base sheet on the roof prior to placement of the Type IV felt and hot mop. Alternate "A" includes the installation of the base sheet and spot hot mop. Alternate "B" does not includes installation of the base sheet and spot hot mop. Council will award to the lowest responsible bidder based on their decision as to which alternate ( "A" or "B ") to fund. 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. 3241 in accordance 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: ALTERNATE "A" ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @FbuP- 6 A-NMr=Q Dollars and Cents $ $ 460.00 Per Lump Sum 2. Lump Sum Traffic Control @E32rJ Dollars and Cents $ $ Per Lump Sum Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 9,630 S.F. Remove Existing Gray Gravel and Debris from Roof; Clean Roof and Apply Prime Coat @ _Dollars and Tad1 L� FDU2 Cents $ "3y $ 3204- M Per Square Foot 4. Lump Sum Raise Existing Roof Vent 6- Inches @,'S fQJIVFtVE Dollars and C) Cents $ 75•UO $ Per Lump Sum 5. 9,630 S.F. Install Type II Base Sheet and Spot Hot Mop @ Dollars and -- TLLYEZ W OOF— Cents $ .2-1 $ 2012,� Per Square Foot 6. 19,260 S.F. Attach Type IV Felt Roofing Material and Hot Mop Roof (Two layers) @ Dollars and '1T-A I Cents $ $ C 555SD Per Square Foot 7. 9,630 S.F. Attach Versiply 80 Reinforced Roof Membrane (one layer) @ 71-100 Dollars and RDLZW— NQFT-- Cents $ 2.4- --3 $ Cb�O Per Square Foot 0 Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 9,630 S.F. Flood Roof with Asphalt Coating and Supplement and Replace Existing Gray Gravel @ Dollars and E1C- *M2-n%-Z Cents Per Square Foot 100 S.F. Replacement of Damaged Plywood Roof Sheathing @ L -Two Dollars and 2y= Cents Per Square Foot TOTAL PRICE IN WRITTEN WORDS (Alternate "A ") [`�' —f NRI`T-CE SIX NuNDQ Dollars and Cents ALTERNATE 6613" a _ 49 • • r b• . �fl r• $ q�qD-4, SO Total Price (Alt. "A") ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @1:-u2 N0KV1 : 7 Dollars and Cents $ 4W.03 Per Lump Sum 2. Lump Sum Traffic Control @ Dollars and Cents $ $_ Per Lump Sum ".. - .,:a,�'x' "''r�t,..�� . �''' ..:.. -` -� "... �i3•.o� W '",i � _ _ ca�..i�.fss,.- �i,.�._x.psy: Page PR-4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 9,630 S.F. Remove Existing Gray Gravel and Debris from Roof; Clea?f Roof and Apply Prime Coat @ Dollars and 11 ZP� 7? FOUP— Cents $ a $ 3Z74, W Per Square Foot 4. Lump Sum Raise Existing Roof Vent 6- Inches Dollars and Cents $ s15.00 Per Lump Sum 5. 19,260 S.F. Attach Type IV Felt Roofing Material and Hot Mop Roof (Two layers) @ Dollars and TNLQ--N— PP-EK Cents $ 0365 - Per Square Foot 6. 9,630 S.F. Attach Versiply 80 Reinforced Roof Membrane (one layer) @ -TWO Dollars and EC27LI- 7"D-k= Cents $ 2443 $ 24 -LM90 Per Square Foot 7. 9,630 S.F. Flood Roof with Asphalt Coating and Supplement and Replace Existing Gray Gravel @ Dollars and Q00 Cents $ Per Square Foot 8. 100 S.F. Replacement of Damaged Plywood Roof Sheathing @ - X30 Dollars OXand /tOC� Cents $ 2,00 $ ZX.00 Per Square Foot ._.,�..<__.�.i..aLe "kkw ,tl:;w�'4"ua'.'- �°x•�.�:?"..n.a TOTAL PRICE IN WRITTEN WORDS (Alternate "B ") FM-V? 0111F, - M0U5QPD SlX NuN012JED- 0 Page PR -5 and Cents $ O Total Price (Alt. "B") Contractor's bid will be judged non - responsive unless both alternates are bid. The City reserves the right to increase the as bid quantities for Replacement of Damaged Plywood Roof Sheathing by 50 %. at the unit price bid under Alt. "A" Item #9 and Alt. "B" Item #8. Bidder's Name-LOKY, 1'3EnC l RQ0V-1QC, , ZNG �21116-5=—Mbl no Bidder's Telephone Number 4,3q Gpo Contractor's License No. & R ON I] 4 II `� • • Page 4 of 4 •' Section 313 -1, Page SP 8— RECONSTRUCTION OF AGGREGATE ROOF Add to the section: "The Contractor shall cut back the existing roof 2- 3 inches from the metal flashing edge to expose the metal flange and feather in the new felt layers and top sheet (Versiply 80) when hot mopping over the flange. The Contractor shall use a five- course mesh and mastic method to reinforce the drip edge area before applying the flood coat and gravel." Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) f: \users\pbw\shared \contracts \99 \mariners library c- 3241 \adendum2.doc C • �- ��-.. .. �,..:��.:,.. .,:.,.� ._.;..._._...mot =�,.z � .vi -, .. :.�;,- �.�.���,. �._e._. _._.:•:.. ;.,,:. �, �. �:;�.:zx • Page: 3 of 3 by hot mop and have a minimum overlay of 4- inches. The base sheet shall be spot hot mopped to the satisfaction of the Engineer." Section 313 -1, Page SP 8— RECONSTRUCTION OF AGGREGATE ROOF Add to the section: "The Contractor shall cut back the existing roof 2 -3 inches from the metal flashing edge to expose the metal flange and feather in the new felt layers and top sheet (Versiply 80) when hot mopping over the flange. The Contractor shall use a five- course mesh and mastic method to reinforce the drip edge area before applying the flood coat and gravel." Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's'Name (Please Print) f:\ users \pbw \shared \contracts \99 \mariners library c- 3241\adendum.doc 0 n U C -3ayl May 10, 1999 CITY COUNCIL AGENDA TO: Mayor and Members of the City Council FROM: Public Works Department MAY pp nn SUBJECT: MARINERS LIBRARY ROOF REPLACEMENT _aWL'OF CONTRACT NO. 3241 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3241 to Long Beach Roofing Inc., for the Total Bid Price of $43,624.80 for Alternate "A ", and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $2,375.00 for Alternate "A" to cover the cost of unforeseen work. DISCUSSION Mariner's Library is almost 40 years old and the roof has recently exhibited leaks. The work in Alternate "A" includes an additional layer of roofing material and a 30 -year warranty. The work for Alternate "B" does not include the additional layer of roofing material and would have only a 10 -year warranty. Staff recommends spending the additional $2,000.00 for the 30 -year warranty roof provided with Alternate "A ". At 11:00 A.M on April 22, 1999, the City Clerk opened and read the following bids for this project: Alternate "A" BIDDER Low Long Beach Roofing Inc. 2 Vance and Associates Roofing Inc. 3 Lavey Roofing Corporation *Corrected Bid Amount is $48,372.30 * *Corrected Bid Amount is $61,635.50 TOTAL BID AMOUNT $43,624.80 *$48,371.70 * *$54,124.00 The low total bid amount is 18% above the Engineers Estimate of $37,000.00. SUBJECT: Mariners Library Roof R ement — Award of Contract No. 3241 May 10, 1999 Page 2 Alternate "B" BIDDER Low Long Beach Roofing Inc. 2 Vance and Associates Roofing Inc. 3 Lavey Roofing Corporation *Corrected Bid Amount is $43,172.10 * *Corrected Bid Amount is $58,072.40 M TOTAL BID AMOUNT $41,602.50 *$43,171.70 * *$50,624.00 The low total bid amount is 39% above the Engineer's Estimate of $30,000.00. The low bidder for Alternate "A" and "B ", Long Beach Roofing Inc., possesses a Roofing Contractor "C -39" License as required by the project specifications. Long Beach Roofing Inc., has not worked for the City of Newport Beach in the past, but a check of the company's references indicates that the Contractor has satisfactorily completed similar projects for other municipalities. Staff recommends awarding Alternate "A" to Long Beach Roofing Inc. Sufficient funds are available in the Building Excise Tax Fund — Account No. 7271- C4120433. Respectfully sulAnitted, UBLIC WORKS DEPARTMENT Don Webb, Director By: Ed Wimmer Senior Civil Engineer Attachments: Project Location Map Bid Summary f:\ users \pbw\shared\ council \fy98- 99\may- 10\mariners library c-3241.doc 0 • E wni• • 0 rse N PROJECT �S C I I ,, �rn LOCATION MAP C -3241 CITY OF NEWPORT BEACH gm%"N ' ` DA?i PUBLIC WORKS DEPARTMENT APrR0Vw MARINER'S LIBRARY ROOF REPLACEMENT DRAWING NO. EXHIBIT A W Q W Q a H Z U W a� W CL 00 a W OD M w IX Z O LL Ov U � a O) O) m N N O aW O Q O � W l0 2rJ U u OW 3 Y Q W U N = N U U ZH Q Q U Lo O 0 m } m T o � O J Q C � O O L a r Z W W 3 6 W a 0 O K LLJ F- m W Q izma rower i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Vance & Associates 837 W. 17`h Street Costa Mesa, CA 92627 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariner's Library Roof Replacement (Contract No. 3241) 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 BOEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Lavey Roofing Corporation 1220 S. Wright Street Santa Ana, CA 92705 Gentlemen: Thank you for your courtesy in submitting a bid for the Mariner's Library Roof Replacement (Contract No. 3241) 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