HomeMy WebLinkAbout18 - On -Call M/RSA for Balboa Island Wooden Bench Maintenance & Refurbishment ServicesQ �EwPpRT
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<,FORN'P City Council Staff Report
January 28, 2020
Agenda Item No. 18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Equipment Maintenance Superintendent,
kbrodowski@newportbeachca.gov
PHONE: 949-718-3464
TITLE: Approval and Award of On -Call Maintenance and Repair Services
Agreement with RAMCO General Engineering Contractors for
Balboa Island Wooden Bench Maintenance & Refurbishment
Services
ABSTRACT:
The City currently utilizes contractors for the maintenance and repair of the existing 109
wood benches, as well as 26 wood framed trash cans on Balboa Island. All of these wood
benches, (56 Teak wood benches and 53 Jatoba wood benches) were donated to the
City over the past 24 years. In order to meet community requests and expectations, the
benches need to be refinished at minimum once per year.
Staff has now received formal bids to perform ongoing maintenance and refurbishment
of the wood benches and trash cans on Balboa Island and requests City Council's
approval to award a two-year, maintenance and repair contract to RAMCO General
Engineering Contractors. Given the high cost to maintain these wood benches and trash
cans, staff also seeks direction on the long-term maintenance level and refurbishment
plan for these items.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a two year on-call maintenance and repair services agreement with Emilio
Ramirez dba RAMCO General Engineering Contractors for a not -to -exceed contract
amount of $691,720.00, and authorize the Mayor and City Clerk to execute the
agreement; and
c) In order to fund the first year of this contract, approve Budget Amendment No. 20-029
transferring appropriations of $88,400.00 from the Balboa Island Enhancements
Project in the Capital Improvement Program (CIP) budget account 01201928-980000
and appropriating $213,460.00 in increased expenditures from the General Fund
unappropriated fund balance to the Public Works account 0109041-851016; and
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Approval and Award of On -Call Maintenance and Repair Services Agreement with
RAMCO General Engineering Contractors for Balboa Island Wooden Bench
Maintenance & Refurbishment Services
January 28, 2020
Page 2
d) Provide direction on whether the level of maintenance for the existing wood street
furniture should be continued and budgeted for in FY 2020-21 and future years or if
an alternative course is desired.
FUNDING REQUIREMENTS:
In order to award this contract and fund the first year of refurbishments, staff proposes to
use $44,000 currently budgeted within the FY 2019-20 Public Works Department, Facility
Maintenance, Building Maintenance and Repair account (0109041-851016) for bench
repairs and refurbishments, as well as a one-time transfer of the remaining $88,400
available within the Capital Improvement Program (CIP) Budget (account 01201928-
980000 Balboa Island Enhancements). In addition to these funds, it will be necessary to
appropriate an additional $213,460 from the General Fund to cover the funding shortfall.
In order to sustain this increased cost to provide maintenance and refurbishment service
on the wood benches and trash cans on Balboa Island into year two of this contract, the
FY 2020-21 Public Works maintenance and operation budget will need up to an additional
$301,860 of General Fund appropriations.
DISCUSSION:
The City initially installed concrete benches on Balboa Island due to their longevity and
low maintenance costs. At the November 7, 1995 Parks, Beaches, and Recreation
Commission (PB&R) meeting (Attachment C), the City received a request to donate a
concrete bench by the Ibbotson family on Balboa Island. However, the Balboa Island
Improvement Association (BIIA) requested a more appealing, nautical aesthetic type of
bench and advocated for Teak benches instead of concrete benches be placed on the
island. While the Commissioners and the City expressed concerns of high maintenance
costs, the BIIA stated (as noted in the meeting minutes) the solid teak benches should
last 75 — 100 years and spoke to the durability, cost and maintenance benefits of teak.
At the PB&R meeting on January 2, 1996 (Attachment C), the City and Commissioners
again expressed concerns on maintenance costs. The PB&R Commission approved the
Teak benches on the condition the BIIA would obtain donations for the Teak benches and
assume all costs for the maintenance of the benches.
Due to the exposure to salt air, sun, and rain, the benches weathered much quicker than
anticipated and have required considerably more maintenance than originally expected.
Residents and community members often contact the City to have the benches refinished
multiple times per year. Additionally, the benches are more susceptible to vehicular
damage, splintering, and vandalism.
In 2004, Council approved the Marine Avenue Streetscape Improvement Project, which
replaced 38 Teak wood benches, with Jatoba wood benches and 25 Jatoba trash cans.
Five years later, in 2009 all the benches on Marine Avenue were replaced with Jatoba
wood. To date there are 109 donated wood benches on Balboa Island, consisting of 53
Jatoba wood benches and 26 Jatoba wood framed trash cans on Marine Avenue and 56
Teak wood benches throughout the island.
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Approval and Award of On -Call Maintenance and Repair Services Agreement with
RAMCO General Engineering Contractors for Balboa Island Wooden Bench
Maintenance & Refurbishment Services
January 28, 2020
Page 3
On May 9, 2006, Council updated the City's donation policy, B-17. This update clarified
the maintenance of future donated items would become the City's responsibility. At that
time, the City had a fully functional wood shop with full-time carpenters on staff. The
Department Director at that time had requested City staff to take on the maintenance of
the benches on Balboa Island. City staff repaired, sanded, cleaned and refinished the
benches on an annual basis, and sometimes sooner if requested. At the time, the
estimated costs to refinish a bench using City staff was just over $400 per bench. Since
then, the City has seen a notable increase in service requests from residents to refinish
the benches on a more frequent basis.
At Council's direction in 2012, the City revised how some services were provided and
reduced its in-house workforce and contracted out for various programs and services.
The Carpenter and Wood Shop function of Facilities Maintenance was one of the services
eliminated and moved to private contract. In recent years, we have experienced an
increase in contracting rates to provide various municipal services including construction
trades such as Carpentry and Refinishing. Furthermore, with current competitive bidding
requirements, prevailing wage, and insurance and bonding requirements, staff has seen
an increase in costs, as well as limited bid responses in some circumstances.
Under prior policy direction, in addition to the estimated cost of the bench, the City also
collected a fee of $1,000 to cover maintenance costs, which was to cover the anticipated
maintenance need for the useful life of the bench. Since the City took on the annual
refurbishment of these wood benches on the island (initially with City staff and later with
contractors), refurbishment and repair costs have grown well above the original $1,000
per bench for the life of the bench.
After extensive review and discussion, the PB&R provided recommended changes to
Council Policy B-17 — "Parks, Facilities, and Recreation Program Donations" to the City
Council, which included changing which type of benches may be donated. Four
sustainable bench options were recommended, with wood benches no longer being one
of the options. City Council approved these recommended changes to Council Policy B-
17 at their September 10, 2019 City Council meeting. These changes, however, only
applied to new bench donations going forward and did not review or address the high
cost of maintaining the current 109 Jatoba and Teak benches and 26 Jatoba trash cans
already in existence on Balboa Island.
In an effort to maintain the expected level of service for the wood benches and trash cans
on Balboa Island, staff advertised and requested formal bids for this service. After two
unsuccessful bidding advertisements, on September 26, 2019, the City received one
proposal from Emilio Ramirez dba RAMCO General Engineering Contractors ("RAMCO"):
18-3
BIDDER
TOTAL BID
AMOUNT
1
Emilio Ramirez DBA RAMCO General Engineering Contractors
$691,720.00
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Approval and Award of On -Call Maintenance and Repair Services Agreement with
RAMCO General Engineering Contractors for Balboa Island Wooden Bench
Maintenance & Refurbishment Services
January 28, 2020
Page 4
RAMCO possesses both an "A" and "B" Contractor's License, as required by the project
specifications. Staff performed a review of references provided for RAMCO on currently
awarded contracts that contain similar scopes of services for other municipalities;
additionally, RAMCO has also performed recent facility maintenance work throughout the
City, including refurbishment of these benches and trash cans, and staff is satisfied with
their performance.
The bid item for each basic wood bench refurbishment included removing the bench,
refurbishing (dis-assembly striping, sanding, re -varnishing, plaque removal/polish, re-
assembly), and re -installation. The total bid cost above provides for up to two
refurbishments per bench per year; however, staff intends to refurbish each bench once
per year, with additional refurbishments only as necessary. Depending on the condition
of each bench, refurbishment could also include repairs such as replacing wood slats or
other broken item, some milling work, or plaque replacement. This work would be
completed at an added cost and the project bid also includes an allowance for a certain
amount of said repair work. It should also be noted that even though we need to award
a contract for the total amount of the requested bid of $691,720, staff will only expend the
amount needed to match the directed service level (e.g. one annual refurbishment for
each bench).
Based on the bid proposal received from RAMCO, staff estimates the base cost to
refurbish each existing wooden bench and trash can once a year for another 10 years
would be approximately:
Item
Annual
Number
Total Annual
Total 10 Year
Refinishing
of Items
Cost
Cost
Cost
Teak Bench
$1,150
56
$64,400
$644,000
Jatoba Bench
$960
53
$50,880
$508,800
Jatoba Trash Can
$750
26
$19,500
$195,000
$125
109
$13,625
$136,250
Plaque Polishing
Total $148,405
$1,484,050
As shown in the above table, the costs to maintain and refinish these wood benches and
trash cans on the island far exceeds the original maintenance fee of $1,000 that was
collected for each of the items at the time of donation.
Given that a full refurbishment has not been done in the last two years, the high frequency
of citizen requests for additional refinishing, and that some level of maintenance is
expected based on past practices and payment of a maintenance fee at the time of
donation, staff recommends the City Council award a contract to RAMCO General
Engineering Contractors to perform one complete repair and refinish effort on all the
existing wood benches and trash cans on Balboa Island. Further, given these high costs
to maintain said wood benches and trash cans, staff seeks City Council direction if this
level of maintenance should be continued and budgeted for, or if an alternative course
should be taken.
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Approval and Award of On -Call Maintenance and Repair Services Agreement with
RAMCO General Engineering Contractors for Balboa Island Wooden Bench
Maintenance & Refurbishment Services
January 28, 2020
Page 5
One last note that should be mentioned as part of staff's recommendation above is that
to the best of staff knowledge and records, all originally donated wood benches are still
in place and have been repaired/replaced when broken or damaged rather than removed,
thus extending their use well beyond their intended, original useful life.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Maintenance & Repair Services Agreement with RAMCO
Attachment B — Budget Amendment
Attachment C — Meeting minutes of Parks, Beaches and Recreation Commission,
November 7, 1995 and January 2, 1996 and Staff Report without
Attachments
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ATTACHMENT A
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH EMILIO RAMIREZ DBA RAMCO GENERAL ENGINEERING CONTRACTORS
FOR ON-CALL BALBOA ISLAND BENCH AND TRASHCAN REFURBISHMENT
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 1st day of February, 2020 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and EMILIO RAMIREZ, a sole proprietor doing
business as ("DBA") RAMCO GENERAL ENGINEERING CONTRACTORS,
("Contractor"), whose address is P.O. Box 920878 Sylmar, CA 91392, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on-call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 1, 2022, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Six Hundred Ninety One Thousand Seven
RAMCO General Engineering Contractors Page 2 18-7
Hundred Twenty Dollars and 00/100 ($691,720.00), without prior written amendment to
the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Emilio Ramirez to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Facilities
Maintenance Supervisor or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
RAMCO General Engineering Contractors Page 3 18-8
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 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,
RAMCO General Engineering Contractors Page 4 18.9
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
RAMCO General Engineering Contractors Page 5 18-10
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
RAMCO General Engineering Contractors Page 6 18-11
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 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, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a 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.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
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 Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
RAMCO General Engineering Contractors Page 7 18-12
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
RAMCO General Engineering Contractors Page 8 18-13
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
RAMCO General Engineering Contractors Page 9 18-14
Attn: Facilities Maintenance Supervisor
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Emilio Ramirez
RAMCO General Engineering Contractors
P.O. Box 920878
Sylmar, CA 91392
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
RAMCO General Engineering Contractors Page 10 18-15
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting parry written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
RAMCO General Engineering Contractors Page 11 18-16
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
RAMCO General Engineering Contractors Page 12 18-17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: (2-0 20
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By- By-
�Oe:Aaron C. Harp k' 1.11.10 Will O'Neil
City Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONTRACTOR: EMILIO RAMIREZ, a
sole proprietor doing business as ("DBA")
RAMCO GENERAL ENGINEERING
CONTRACTORS
Date:
By:
Emilio Ramirez
Sole Proprietor
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
RAMCO General Engineering Contractors Page 13 18-18
EXHIBIT A
SCOPE OF SERVICES
City will assess the condition of each bench and trash can. Based on their overall
condition, City will make a written request that Contractor perform needed refurbishments.
City may request additional refurbishments for benches or trash cans which have been
damaged or are in immediate need of refurbishment. Generally, each bench or trash can
may get refurbished approximately twice per year.
Refurbishments shall be completed in accordance with the following scope of work:
• Remove benches and/or trash cans from designated locations. When removing
benches, cones shall be placed over the bench brackets.
• Only remove one bench at a time from each street end location.
• Only remove trashcan slats for refinishing, and leave metal ring in place.
• Disassemble bench and save plaque (if existing) or trash can, as needed
• Strip all old finish on benches or trash can slats.
• Repair or replacement of damaged wood bench shall have replacement pieces
milled to original size to match/fit existing bench pieces. Note, in some situations,
wood milling and/or wood piece router for lettering activity will be required.
• Sand existing finish and apply new stain/varnish. No wood putty, bondo, or other
type of glue filler is to be used to repair medium or large cracked or broken pieces.
Glue may be allowed with approval by the City for minor wood splits.
• Apply new even coat of Minwax Cherrywood Gel Stain finish.
• Apply new even coat of Terra Tech Molecular Sealer, or approved equal, according
to manufacturer's instructions.
• Reassemble finished bench.
• Reassemble refinished trashcan slats to original metal ring location.
• Reinstall refinished bench to the original location.
• Identification plaques shall be cleaned/polished and reinstalled on their original
bench location with the new refinished bench. Do not remove plaques unless the
board is replaced.
• Return refinished trashcans to original location within 14 days of removal.
• All finishing materials, finishing supplies, including type 304 stainless steel
hardware shall be provided by contractor at his expense.
• In the event a bench is not repairable, City shall be notified to purchase a new
bench for replacement.
• Contractor shall invoice the City on a monthly basis that includes work performed
for the preceding month. The invoice shall identify the bench location and
identification plaques by the street and general location of the work performed.
Contractor shall remove benches and/or trashcans and refinish at Contractor's facility.
Benches and/or trashcans are not to be refinished on the street, and cones are to be
placed over remaining brackets after removal.
RAMCO General Engineering Contractors Page A-1 18-19
Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday.
Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site,
storage sites, staging areas, etc., outside of the working hours.
Contractor shall be responsible for conditions of the job site, including safety of all persons
and property during performance of the work.
Contractor shall fully comply with all state, federal and other laws, rules, regulations, and
orders relating to the safety of the public and workers.
Contractor Licensin
Contractor must possess at least one of the following Contractor Licenses: "C-33," "C-6,"
"A," or "B" and a valid Business License issued by the City.
Locations and Units
1. (53) Jatoba (Brazilian Cherry) Wood Benches on Balboa Island, with plaques.
RAMCO General Engineering Contractors Page A-2 18-20
2. (56) Teak Benches on Balboa Island, with plaques.
3. (26) Jatoba Trashcans on Balboa Island.
Plaque Specifications:
Teak Bench Plaque —
Typical plaque shall be 118" thick brass, with brushed finish, with semi -gloss protective
finish as provided by America's Instant Signs (or City approved equal .
• Text is recessed and paint filled with black — no border
• Plaque shall include double -sided tape on the back for installation
• Plaque shall be made from lead-free, high quality brass alloy
RAMCO General Engineering Contractors Page A-3 18-21
Jatoba Bench Plaque —
Typical plaque shall be 5116" thick cast bronze, 5.875" width x 1.875" height with a semi-
gloss protective finish as provided by America's Instant Signs (or City approved equal).
• Pebble background to be recessed and painted brown.
• Raised border and text
• Double -sided tape on the back for installation
I ea. 5.5'h x 14.25'6vx 5/16' thick cast bronze plaque with retested leatherette background painted brawn.
Rai3ed fetters and border,
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Example: typical Jatoba Bench Plaque diagram/order
Description of Billing Rates:
Item No. 1: Jatoba Bench Refurbishment (53 units)
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs to remove existing Jatoba benches, disassemble, perform any needed
repair work, sand, refinish, reassemble with new hardware, and reinstall to the original
location.
Item No. 2: Teak Bench Refurbishment (56 units)
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs to remove existing Teak benches, disassemble, perform any needed repair
work, sand, refinish, reassemble with new hardware, and reinstall to the original location.
Item No. 3: Jatoba Trash Can Refurbishment (26 units)
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs to remove existing Jatoba trashcan, disassemble, perform any needed
RAMCO General Engineering Contractors Page A-4 18-22
repair work, sand slats, refinish, reassemble with new hardware, and reinstall to the
original location.
Item No. 4: Plaque Polishing (109 units)
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs to remove existing plaques from each of the bench units, clean and polish
the plaque, and reinstall to the original location.
Item No. 5: New Plaque Purchase & Installation
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs to purchase and install a new City -approved plaque per the Special
Provisions (or a City -approved equivalent).
RAMCO General Engineering Contractors Page A-5 18-23
EXHIBIT B
SCHEDULE OF BILLING RATES
Item
Description
Unit of Measure
Unit Price
1
Jatoba Bench
Each
$960.00
Refurbishment
2
Teak Bench
Each
$1,150.00
Refurbishment
3
Jatoba Trashcan
Each
$750.00
Refurbishment
4
Plaque Polishing
Each
$125.00
5
New Plaque Purchase &
Each
$450.00
Installation
RAMCO General Engineering Contractors Page B-1 18-24
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
RAMCO General Engineering Contractors Page C-1 18-25
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
RAMCO General Engineering Contractors Page C-2 18-26
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
RAMCO General Engineering Contractors Page C-3 18-27
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
RAMCO General Engineering Contractors Page C-4 18.28
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; 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 attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 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
RAMCO General Engineering Contractors Page D-1 18.29
required by and in accordance with the provisions of Sections 9500 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 Agreement or to the Work to
be performed thereunder 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 Agreement 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 day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
RAMCO General Engineering Contractors Page D-2 18-30
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who 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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
RAMCO General Engineering Contractors Page D-3 18-31
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL. PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
, 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
{ ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 001100
($25,000.00), 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 Agreement 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.
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 City, only in the
event 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 Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
RAMCO General Engineering Contractors Page E-1
18-32
notice of any such change, extension of time, alterations or additions of the Agreement
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 one (1) year following the date of formal acceptance of the
Project by 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 day of 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
IN
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
RAMCO General Engineering Contractors Page E-2
18-33
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who 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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
RAMCO General Engineering Contractors Page E-3 18-34
a�WPORT ATTACHMENT B
City of Newport
Beach
BUDGET AMENDMENT BA#: 20-029
Department: Public Works
ONE TIME: OYes ❑No
Requestor: Angela Crespi
Approvals
Prepared by: Walid Hardin
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date
COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from the General Fund unappropriated fund balance and transfer Drom existing budget appropriations
appropriations within Public Works to be used toward an on-call maintenance and repair services agreement ❑from additional estimated revenues
with Emilio Ramirez dba RAMCO General Engineering Contractors. Drom unappropriated fund balance
REVENUES
Fund # Org Object Project _
! 01001099 691012
Description
General Fund Interfund Transfr - Transfer In Fund 0
Increase or (Decrease) $
$88,400.00
Subtotal �_—_
-- $88,400.00
EXPENDITURES
Fund # Org Object
Project -------------------
Description — _
Increase or (Decrease) $
012 01t 1 980000
15M12
–
Misc & Studies - CIP Expenditures For GL I
_ ($88,400.00)'
j 01299 991010
012
f
Interfund Transfers - Transfer Out General Fund t
$88,400.00
010 10109041 1851016Facility
Maintenance - Maint & Repair Building
$301,860.00 {
-
-------'------..._
-..__..._.__ .. ----------%—
_.. ----- --- ----_—.__— -_. --i_..
.------------ -—_._...
Subtotal
$301,860.00
FUND BALANCE
Fund # Object DescriptionIncrease
----
or (Decrease) $
010 300000 'General Fund - Fund Balance Control
($213.460.00)
Subtotal
($213,460.00)'
Fund Balance Change Required
18-35
ATTACHMENT C
CITY OF NEWPORT BEACH
Parks, Beaches &Recreation Commission
G
• o o a 4:P, s
ev
November 7, 19.95.
Page 2
City Council Chambers 7 p.m.
Motionx
x
x
x
x
x
x
In response to Commissioner Dem iry regarding
maintenance of signs i ar s, Marcy Lomeli explained the
Operations Ivislon reconditions and replaces them as
on a yearly•basis. The Department would appreciate being
notified if there are any,specific signs that need attention.
Commissioner, Demmer moved to approve the Park and Tree
Division report as submitted. Unanimous.
Item #3 - Bench Donation
Director Niederhaus reported he received a proposal just prior to the
meeting from the Balboa Island Improvement Association requesting
that the replacement benches on the Island be teak. The
Department's experience with teak benches has.not been good -in
that those at Inspiration Point and Rhine Wharf Park have dried out,
cracked and splintered. He recommends staff have more time to
review their proposal.
Chair Vandervort opened the meeting to public testimony.
Diana Chandler, 201 Coral Avenue, addressed the Commission on
behalf of the Balboa Island'Improvement Association Beautification
and"Horticultural Committees. Ms. Chandler stated, the Association
is requesting a new style teak bendh to replace the existing -benches.
on the island within a 12,month period by private donations. They
have received donationsfor4 benches on the condition they are the
traditional teak style. If Mr. Ibbotson's donation were "teak, they
could order five benches immediately which would be delivered
within two weeks.
Ms. Chandler reviewed the benefits of teak such -as the aesthetic
quality, durability, cost and maintenance. She stated they should last
75-100 years. Ms. Chandler explained that they are proposing the
new benches be 6' in length for those at street ends which would
accommodate two benches in addition to the donated planters. Eight
foot benches are suggested for Marine Avenue where individuals
share benches outside the shops.
In summary, they are requesting the Commission approve the teak
bench as detailed in their report as the new bench for Balboa Island
and confirm their order for five benches.
Commissioner Glasgow expressed his concern over the durability of
teak. Commissioner'Beek agreed and also questioned if all the
(
Island residents were informed of the proposed -bench. Ms. Chandler
"j
explained, that the matter has been discussed and voted upon at the
Association's monthly meetings.
18-36
CITY OP NEWPORT BEACH
Parks, Beaches & Recreation Commission
L
November 7, 1995
Page 3
City Council Chambers 7 0. M'.
Robert Ibbotson addressed the Commission on behalf of his mother.
He stated his mother is now 92 years of age and has been a resident
of Balboa Island for 60 years. It is his mother's desire to donate a
new concrete bench at Opal Street and South Bay, Front as soon as
possible. This site does not have a bench.
Motion
x
Commissioner Demmer moved to approve the Ibbotson donation of
r Ayes
x
x
x
x
x
one concrete bench to'be,located at Opal Street and South Bay
M Nay
x
Front. Motion passes.
Commissioner Bonner stated he did not support the motion because
he opposes the potential of three different types of benches on the
island.
Chair Vandervort advised that the concept of a new style teak bench
for Balboa Island will be addressed at the Commission's next
meeting on December 5, 1995.
Commissioner Beek recommended that all the residents on the
Island be informed about the bench proposal.
V. DISCUSSION ITEMS
Item #5 - Appeal of Tree Removals in the Harbor View Hills South
Homeowners Association
Director Niederhaus reported that Clyde McCoy, 1406 Outrigger
Drive, withdrew his appeal and agrees with staff's recommendation
to remove a Carrot Wood tree in front of ,his home and replace it with
a designated street tree.
tar Niederhaus reported there is one Carrot Wood tree at 1210-
210Keel
Keel' e causing substantial hardscape damage which it will
continue t if not removed.
Irene Barr, 1210 Ke ive, addressed the Commission. She stated
she objects to the new d ' ated replacement tree, a 15 gallon
Rhaphiolepis; which she feels shrub and should not replace a
mature tree.
Marcy Lomeli explained that the Rhaphiclepi . a hybrid with a small
tree effect. It is the designated tree, approved by Commission,
needed for this appropriate growth space.
Director Niederhaus pointed out that homeowners have the opti f
paying $100 towards a larger 24" box tree. The tree removal
program is at the request of the homeowners association in
conjunction with a future hardscape repair program.
0
A
Agenda Item No.} - L5
January 2, 1996
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: Balboa Island Benches
Recommendation
To accept the solid six foot teak benches as the replacement bench for all future
bench donations located on the street ends throughout Balboa Island provided
that the Balboa Island Improvement Association assumes all future maintenance
and replacement requirements. Additionally, that the verbiage and size of the
donor plaque conforms to City Council Policy.
Discussion
Staff received the attached correspondence dated December 11, 1995 from Mr.
Lee Sutherland, President of the Balboa Island Improvement Association
requesting that all future bench donations located' at street ends surrounding the
Island be of solid teak construction. This request is a follow up to the
Commission meeting of December 5, 1995 in that the Commission requested
additional information including a survey of the Association's members relative
to the acceptance of teak benches. The Association held a general membership
meeting on December 5, 1995 and a vote was taken in favor of using the teak
bench at all street ends.
Staff concurs with the Association's current proposal including their offer to
donate and maintain the benches. Additionally, staff will coordinate future
donations through ,the Commission, assist in the bolting down of the benches,
and require that the size and verbiage of the donation plaques meet the
requirements as per the attached City Council Policy.
The Ibbotson bench, that was approved for donation by the Commission at the
November 7, 1995 meeting, is being delivered and slated for installation at the
end of Opal Avenue and South Bay Front. Mr. Ibbotson has already paid the
vendor for the bench and the plaque with delivery scheduled within the month.
Unless the Commission directs staff otherwise, the bench will be placed at Opal
Avenue and South Bay Front. It will not hinder future maintenance operations.
Very respectfully,
David E. Niederhaus
DEN1mg1
Attachments
CITY OF NEWPORT BERCI
Parks, Beaches & Recreation Commission
January 2, 1996
�o Page 6
Cit;v Counni 1 Chamherc i n_M
Chair Vandervort opened the meeting to public hearing.
Anthony Kazelis, 935 Goldenrod, addressed the Commission. 'Mr.
Kazelis presented a summary of his arguments to retain the tree. He,
feels the tree is a mature and safe tree which .has not caused any
utility problems for 36 years.
Director Niederhaus reported that staff must grind the sidewalks and
complete asphalt repairs every six .months on this heavily used
sidewalk due to the continued tree damage. In addition, the main
as line for the neighborhood is located under the ficus tree as
c irmed by the Utilities Division.
Bill Ginte , arbor View Hills Community Association Board Member,
addressed th ommission and concurred with Director Niederhaus.
He requested the a be removed.
Jim Wharton, President o arbor View Hills Community Association,
addressed the Commission d reported the Board unanimously
}
supports the tree removal.
Motion
x
Commissioner Demmer moved to adopt ff's recommendation as
Ayes
x
x
x
x
x
x
written. Unanimous.
Chair Vandervort advised Mr. Kazelis that he ha a option of
appealing the Commission's decision to the City Council.
Director Nlederhaus explained to Mr. Kazelis that a property o
can- pay the difference of, an extra $100 for a 24" box tree or
aEproximately $300 towards a 36" box tree.
Item #15 - Balboa Island Benches
Chair Vandervort opened the meeting to public hearing.
Diana Chandler addressed the Commission on behalf of the Balboa
Island Improvement Association. They are proposing the solid 6'
teak bench as the replacement bench for future donations
throughout Balboa Island. The benches will be located on the street
ends and the Association will assume the costs of all future,
maintenance and replacement requirements.
Commissioner Beek inquired as to why there is a need for a
designated new bench for the Island. Diana Chandler explained that
the purpose is to maintain uniformity and improve the look of the
Island. The Board unanimously approved the teak benches for
which they have donations to be located on the circumference of the
Island.
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
G
4
January 2, 1995
Page 7
Citv Council Chambers 7 P.m.
Commissioner Beek pointed out that notifications concerning the
proposed new bench were not transmitted to every Island resident.
Lee Sutherland, 1401 N. Bay Front, addressed the Commission and
explained that a Bench Committee was formed and their
recommendation for a teak bench was unanimously approved by the
Board of Directors at their December 5 meeting. The meeting was
publicized in the Island Bridge.
Commissioner Beek stated she is disturbed by the logic behind a
designated bench for uniformity in that the benches will be placed on
the circumference of the Island and not in the smaller, more visible
merchants area on Marine Avenue. She also disagreed with the
Association's policy that all donations must be under their
restrictions. In addition, she questions the maintenance and
durability of teak after viewing the results of those located near other
beach areas of the,City.
Lee Sutherland explained that the benches would first be placed on
the circumference of the Island since this is where the donators
desire them. The Balboa Island Improvement Association represents
the residents and the Business Association is a different group which
represents the merchants on Marine Avenue.
Jim lbbotson addressed the Commission and stated he spoke with
28 Island residents who had no knowledge of the proposed bench.
He felt the survey taken is not valid.
Pat Buderwitz, 221 Sapphire Avenue, addressed the Commission -•
and explained the procedures of the Association's Beautification •
Committee. 1
There being no further public testimony, Chair Vandervort closed the
meeting to public hearing.
In response to a question from Commissioner Demmer, Director
Niederhaus explained that the benches will become public property
of the City and, although the Association is responsible for
maintenance, the City assumes liability. Each donation will be
approved by the Commission.
In response to a question from Commissioner Compton, Director
Niederhaus advised that teak benches need to be cleaned and oiled
annually to retain the color of the wood. If the benches are not
maintained properly, the Association will have to relocate them to
private property.
18-40
CITY OF NEWPORT BEACH
Parks, Beaches & Recreation Commission
January 2, 1996
Page 8
City Council Chambers 7 p.m.
Commissioner, Bonner,stated-he supports the Association's desire for
a uniform bench, however, he would feel more comfortable if the
Association received the -support of at least 70% of the homeowners.
Motion x • Commissioner Demmer moved to accept the recommendation of
Ayes x x x x staff as written regarding the designation of teak benches for Balboa
Nays x x Island. Motion passes.
I
VI. FUTURE AGENDA ITEMS
The Commission determined that the following items will be placed
on a future agenda: Flag Poles in Parks, Bob 'Henry Park and
Castaways Progress Report, Commission Calendar, Parking in
Parks and Status of Peninsula Park.
VII.
There being no further busine5 , Parks, Beaches and Recreation
Commission adjourned at 9:47 P.M.
The agenda for this meeting was posted December 5 at
11:45 A.M. outside the City Hall Administration Building.
18-41