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HomeMy WebLinkAbout7 - Public Pump-Out ReplacementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 May 22, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Harbor Resources Division /City Manager's Office Chris Miller, Harbor Resources Supervisor, (949) 644 -3043 cmiller(o)city. newoort- beach.ca. us Dave Kiff, Assistant City Manager, (949) 6443002 dkiff ,citv.newoort- beach.ca.us SUBJECT: Public Pump -Out Replacement; Budget Amendment ISSUE: Should the City of Newport Beach approve a contract with Swift Slip Dock and Pier Builders, Inc. (Swift Slip) to remove and replace the pump out facility located near the American Legion facility at 1 e Street? RECOMMENDED ACTION: 1. Authorize the City Manager to execute an agreement substantially similar to the attached with Swift Slip to remove and replace the pump out facility for the sum of $57,924. 2. Adopt Budget Amendment #BA -_ to increase revenue estimates and expenditure appropriations by $20,000. In January 2005, the American Legion pump out facility was deemed unsafe for public use and subsequently closed. As a result, the pump out station was relocated approximately 30 feet to the east at the 15'' Street public dock. Because this location was not satisfactory to the needs of the boating community and the users of the public dock, the City chose to seek funding to completely remove and replace the American Legion public pump out dock in essentially the same configuration. The new pier will be equipped with two independent pump out systems to accommodate two vessels at the same time. The Department of Boating and Waterways (DBAW) has provided grant funding for the reconstruction of this dock and has expressed a willingness to consider funding modifications as needed for the implementation of the Marina Park Project in the future. Swift Slip Contract— American Legion Pump Out Dock May 22, 2007 Page 2 Bid Process: The City prepared complete engineered plans which were mailed to four local marine contractors who specialize in dock construction. These contractors were Swift Slip, Shellmaker Inc., Coppertop Enterprises Inc, and L.M. Barrett Co. Of these contractors, two did not respond and one bid was submitted after the deadline. Therefore, it is recommended that Swift Slip be awarded the contract for $57,924. Funding: In December 2005, a DBAW grant for $65,000 was awarded to the City and subsequently approved by the Council. At the time, the CIP budget only included $45,000 in grant funding. Thus, a budget amendment is requested to increase the grant revenue by $20,000 to $65,000 (CIP 7251- C2371834). In addition, the City will be contributing $15,000 (CIP 7231 - 02371834) which will cover the purchase and installation of a second pump out station on the dock. Environmental Review: This project will be subject to CEQA review as a part of its Coastal Development Permit. The Project will be categorically exempt under 15302, Class 2 Replacement or Reconstruction. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Prepared by: / / / " NAO ChHTMiller, Harbor Resources Supervisor Attachments: Aerial Photo Informal Contract Budget Amendment Submitted by: Dave IGff, Assistant City Manager a American Legion pump out dock - original location. Proposal: Replace dockjike,for like, and add a 2nd pump out to allow 2 vessels to use. the station simultaneously and to allow for redundant operation. r� Swift Slip Contract— Amerkan Leglon Pump 00 flock May 22, 2007 Page 4 CITY OF NEWPORT BEACH HARBOR RESOURCES DEPARTMENT INFORMAL CONTRACT THIS AGREEMENT, entered into this _ day of , 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and SWIFT SLIP DOCK AND PIER BUILDERS, INC., hereinafter "Contractor, is made with reference to the following fads: WHEREAS, City has solicited for bids for the following described public work: The City is seeking to remove and replace the American Legion pump out dock located at 21515"' Street, adjacent to the I Street public pier. The entire dock system will be replaced with a new dock in essentially the same configuration. This dock will be used for vessel pump out purposes with accessibility via the water only. Informal Contract WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, Project Details and Stamped Engineered Drawings and this Agreement, and all modifications and amendments thereto (collectively time "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the Intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Fifty Seven Thousand, Nine Hundred Twenty Four Dollars (857,924). This compensation includes: (1) Any loss or damage arising from the nature of the work, u Swift Slip Contract— American Legion Pump Out Dock May 22, 2007 Page 5 (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere In this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Harbor Resources Department 829 Harbor Island Dr. Newport Beach, CA 92660 Attention: Chris Miller (949) 644-3043 (949) 723 -0589 Fax CONTRACTOR Swift Slip Dock and Pier Builders, Inc. 2027 Placentia Ave. Costa Mesa, CA 92626 Attn: Pete Swift (949) 631 -3121 (949) 631 -3122 Fax F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no lass than A:-VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original 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 commends. City reserves the right to require =nplete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, S Swift SAp Conhact — American Legion Pump Out Dock May 22.2007 Page 6 representatives, employees or subcontractors. The cost of such insurance shall be included in Contractors bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. C) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this prgect/locetion or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: i Swllt Slip Contract — American Legton Pump Out Dock May 22, 2007 Page 7 a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the Insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit Is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification/hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the 'Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage Is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built In accordance with the plans and specifications. Swot Slip Contract — American Legion Pump Out Dock May 22.2007 Page 8 6. Right to StoD Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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 Ices 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 lt. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but rat 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 active negligence or willful misoonduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. & The fights and dAgations set forM in this Artide shall survive the termination of this Contract I. EEEECT 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. R Swift Slip Contract — Amerken Legion Pump Out Dock May 22, 2007 Page 9 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, oovenant, 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. ATTEST: CITY CLERK APPROVED AS TO FORM: o.--- C AARON C. HARP Assistant City Attorney Attachment Proposal CITY OF NEWPORT BEACH A Municipal Corporation By: Tom Rossmiller Harbor Resources Manager CONTRACTOR By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: :I Swift Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INFORMAL CONTRACT BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Swift Slip Dock and Pier Builders, Inc., hereinafter designated as the "Principal,' a contract for construction of Informal Contract In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Harbor Resources 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 Informal Contract 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 firmly bound unto the City of Newport Beach, in the sum of (57,924) 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, firrdy by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified In this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. Swift Shp Contract — Amencan Legion Pump Out Dock May 22, 2007 Page 11 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 terns 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 specifcatlons. 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 2007. Name of Contractor Name of Surety Address of Surety Telephone Authorized Signahre/ ide Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Swill Slip Contract — American Legion Pump Out Dock May 22, 2007 Page 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INFORMAL CONTRACT BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, awarded to Swift Slip Dock and Pier Builders, Inc., hereinafter designated as the "Principar, a contract for construction of Informal Contract in the City of Newport Beach, in strid conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Harbor Resources 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 Informal Contract and the terms thereof require the fumishing of a Bond for the faithful performance of the Contract; 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 (57,924) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that it the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. �� Swift Slip Contract — American Legion Pump Out Dock May 22 2007 Page 13 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns 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 one (1) year 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 day of 2007. Name of Contractor Authorized Signature/Tide Name of Surety Address of Surety Telephone Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED I� Swift Slip Contract— American Legion Pump Out Dock May 22, 2007 Page 14 SWIFT SLIP owls Dock and Pier Builders, Inc. 4/21/07 Connactor's License 797052A www.sw[frstfpdoel a.eom 2027 Placentia Avenue - Costa Mesa, CA 92627 Telephone (949) 631 -3121 - Fax (949) 6gx -3122 Attu: Chris Miller Ck:7t of Newport Beach Harbor Resources 829 harbor Islam Dr. Newport Beach, CA 9266o Phone: 949/644-3o43 BID Re: ie Street — Bump "out dock • Remove old pier, dockandgangwa}: • install new pier, dolt amlgangwayper plan dated 2/5/07by IftOWAater Design Group. • Affaintain aU necessary insurance com*ge. • Obtain bonds per requirements. COST $ 57i924 Not included: L Pump out or piping. 2. Fencing or gates. I .Engineering or shop drawings. Note: Permit fees, adnunisft= n costs and enOneeting are NOT Wdaded in the abova; if regu&4 they will be billed as an eats upon completion. All lumber will be ACQ pressure treated DWI* fir- All hardware will be hot dipped 8el9anim(1. Ale caps are an additional $60 each. Unseen obstacles when doing pie work regni:i plletobeeut off will. moor additionalcharges. Authorized By:. ... Date: This estimate beaamca acantraetrgwnaignatro+e. Man sign &rutmw with to %doom tort 0wrize.dwprW&wm* aomMinedin We contract City of Newport Beach BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 07BA -072 AMOUNT: 520,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance Ix No effect on Budgetary Fund Balance To increase expenditure appropriations and revenue estimates to approve a contract with Swift Slip Dock and Pier Builders to replace the public pump out dock at the American Legion at 215 15th Street. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund/Division Account Description 250 4871 Contributions - Dept of Boats & Waterways EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Adminisb_aTive Services Director City Manager Amount Debit Credit Automatic $20,000.00 S -Z -d.% Date Da City Council Approval: City Clerk Date Description Division Number 7251 Contributions Account Number C2371834 American Legion Dock Repair Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Adminisb_aTive Services Director City Manager Amount Debit Credit Automatic $20,000.00 S -Z -d.% Date Da City Council Approval: City Clerk Date