HomeMy WebLinkAboutC-7746-1 - Balboa Pier Pile Replacementi
S
r AMENDMENT NO. ONE TO
71 CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
BALBOA PIER PILE REPLACEMENT WITH
Ci ASSOCIATED PACIFIC CONSTRUCTORS, INC.
THIS AMENDMENT NO. ONE TO CONTRACT FOR THE IMPROVEMENT OF
PUBLIC WORK ("Amendment No. One") is made and entered into as of this 21st day of
January, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and ASSOCIATED PACIFIC
CONSTRUCTORS, INC., a California corporation ("Contractor"), whose address is 495
Embarcadero Morro Bay, California 93442, and is made with reference to the following:
RECITALS
A. On December 9, 2019, City and Contractor entered into a contract for the
improvement of public work - balboa pier pile replacement ("Contract').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Contract to February 1, 2021.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Contract is amended in its entirety and replaced with the following:
"The term of this Contract shall commence on the Effective Date, and shall terminate on
February 1, 2021, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Contract shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: x_11 ? �11 .2 o pp
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: a.-13 aoao
By: d'* -j By:
�r'.Aaron C. Harp "wkl.`•20 Gr a ung
City Attorney Ci y anager
ATTEST: 9626, ��
Date: 9
Leilani 1. BrownCity Clerk
CONSULTANT: Associated Pacific
Constructors, Inc., a California
corporation
Date:
^ Signed in Counterpart
Paul E. Gillen
Chief Executive Officer and Secretary
[END OF SIGNATURES]
Associated Pacific Constructors, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: � J % �T o2 U
By: 4*-
T,,r,.Aaron C. Harp Wwi-J."o
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace Leung
City Manager
CONSULTANT: Associated Pacific
Constructors, Inc., a California
corporation Z//Z/jr�
Date: �, L/lJ
By: By: V(.:'. �O��
Leilani I. Brown Paul E. Gillen
City Clerk Chief Executive Officer and Secretary
[END OF SIGNATURES]
Associated Pacific Constructors, Inc. Page 2
I
r- CITY OF NEWPORT BEACH
v NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 25th day of November, 2019,
at which time such bids shall be opened and read for
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
$110,000.00
Engineer's Estimate
Approved by
James M. Houlihan
uty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanVID=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "A"
For further information, call Kathryne Cho, Project Manager at (949) 644-3014
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http //newportbeachca gov/government/open-transparent/online-services/bids-rFps-
vendor-registration
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS......................................................................................3
BIDDER'S BOND............................................................................................................6
DESIGNATION OF SUBCONTRACTOR(S)...................................................................9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR -1
SPECIAL PROVISIONS............................................................................................ SP -1
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
►,t
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviee .
394886-A
u.
Contractor's License No. & Classification Authorized Signatur /Title
Paul E. Gillen, President
1000001211 6/30/2020 November 21. 2019
DIR Registration Number & Expiration Date Date
ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Bidder
5
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
BIDDER S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid
Dollars ($ 10% of Bid ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA
PIER PILE REPLACEMENT, Contract No. 7746-1 in the City of Newport Beach, is accepted by
the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed,
including the required bonds, and original insurance certificates and endorsements for the
construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 19th day of Novemb9 /J2200jy19.
Associated Pacific Constructors, Inc. pu
Name of Contractor (Principal) Authorized Sigi atureffitl
Western Surety Company 'Zk_r „ p.i-aa_g:�� = /
Name of Surety Authorized Agent Signature
1000 Wilshire Blvd., Suite 1800, 18th Floor
Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in -Fact
Address of Surety Print Name and Title
(213)452-5961
Telephone
(Notary acknowledgment of Principal & SuretV must be attached)
**See Attached**
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
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
_ Power of Attorney
_
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
(seal)
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL
CODE
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 Orange )
On 11/19/2019 before me, A. MacFarlane, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameKof Signe✓N
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Is/M
subscribed to the within instrument and acknowledged to me that iae/she/thsy executed the same in
f is/her/their authorized capacity, and that by his/her/their signature�4on the instrument the person(s),
or the entity upon behalf of which the persons) 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 m hand and official seal.
A. MACFic
ARLANE y
Notaryange Count(orma y
Orange County _4 /
Commission R 2188592 Signature C C
My Comm. Expires Mar 27, 2021
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section Is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bid Bond
Number of Pages: Two 2 Signers)
Document Date: 11/19/2019
Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual WAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Western Surety Comnanv
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca
Haas -Bates, Individually
of Wine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby a9 fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby giver, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof, duly adopted, ac indicated, by
the shareholders of the corporation.
In Wimem Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of June, 2015.
a.�
WESTERN SURETY COMPANY
aul TBruflat, Vice President
State of South Dakota 1
County of Minnehaha f
On this 9th day of June, 2015, before me personally came Paul T. BruBat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and decd of said corporation
My commission expires �•+•+++++++••++++++++++••�
tt S. ETCH
February 12,2021 2r: xmummNltstACr!1-
SOU11 TH OAROfA rr
M++•+MM••••+Nww•w
S. Eich, Notary Public
CERTIFICATE
1, 4 Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have herermto subscribed
my name and affixed the seal of the said corporation this 19th dayof November 2019
a"rx're WESTERN SURETY COMPANY
`QE Av •Y Vl10
Fora F4280-7-2013 L Nelson, Assistant Scowary
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 }
On 20
Notary Public, personally appeared _
who proved to me on the basis of sati ,
subscribed to the within instrument Od
in his/her/their authorized capacity(les),
the person(s), or the entity upon/behalf
ss.
before me,
ictory evidence to be the
acknowledged to me that
and that by his/her/their
of which the person(s) ac
I certify under PENALTY OFJPERJURY under the laws of the
paragraph is true and corr t. /
WITNESS my hand an�'official seal.
Signature j/ r19
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
On
ss.
before me,
soyf(s) whose name(s) is/are
e/they executed the same
latures(s) on the instrument
, executed the instrument.
of California that the foregoing
(seal)
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
0
(seal)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 }
f�
County of �, / zer/s
On //le-11119 before me, Cf//usivpy�,y Y��evsec✓ t%�r�y Jv6�i�,
Hare insert name en vano� e o cer I
personally appeared ZL� ,C Gi��r✓
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 signature(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 m hand and official seal. chRlsr� OPH�TRUW<
y " p C6tcl a 2192009
a
PI'aLIG GALIFORNl.4 i�
/ as NOTARY
/J Q'L'u
Erp0',SF( GGONTY
- PFR 16 2021
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed far documents being sent to that state so long
A/�p; -vO t� Q _� as the wording does not require the California notary to violate California notary
�M
law.
(Title or desorption of attached document) • State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed.
/f • The notary public must print his or her name as it appears within his or her
Number of Pages Document Date A � / 7 commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
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• notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
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the county clerk.
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Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
2015 Version wwv✓.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple.
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
DESIGNATION OF SUBCONTRACTOR(S) -AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
ASSOCIATED PACIFIC CONSTRUCTORS, INC. 7 Y �
Bidder Authorized Signatur /Title
Paul E. Gillen, President
0'
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all ocean pier pile construction projects you have worked on (or are currently working
on) in the past 5 years in excess of $75,000, provide the following information:
No. 1
Project Name/Number Grand Canal Dredging Project - Phase 2
Project Description Dredge/Transport/Disposal of material
Approximate Construction Dates: From
Agency Name City of Newport Beach
Contact Person Kathryne Cho
01/2109
10/2019
Telephone (94�
644-3014
Original Contract Amount $1,383,070 Final Contract Amount $ 840,560
If final amount is different from original, please explain (change orders, extra work, etc.)
Reduction of scope of work
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
10
No. 2
Project Name/Number Grand Canal Dredging Project - Phase 1 8171-1
Project Description Dredge / Transport / Disposal of material
Approximate Construction Dates: From 11/01/16 To: 1/31/17
Agency Name City of Newport Beach
Contact Person Peter Tauscher Telephone (949) 644-3316
Original Contract Amount $ 397,000 Final Contract Amount $ $ 379,545
If final amount is different from original, please explain (change orders, extra work, etc.)
Reduction of scope of work by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number Central Avenue Public Dock - Contract 8197-1
Project Description Removal/Replace Piles. Dock and Gangway
Approximate Construction Dates: From 7/01/17
Agency Name City of Newport Beach
9/30/17
Contact Person Peter Tauscher Telephone (949) 644-3316
Original Contract Amount $232,100 Final Contract Amount $ 247,850
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional work directed by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number Avalon Harbor Fueling Facility Pier Replacement
Project Description Remove/Replace Fuel Dock
Approximate Construction Dates: From 12/2015 To: 6/2017
Agency Name City of Avalon
Contact Person Bob Greenlaw
Telephone (310j 570-3025
Original Contract Amount $2,572,500 Final Contract Amount $ 3,000,661
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional work directed by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name/Number San Clemente Pier Repair # 16811
Project Description Remove/Replace & Repair Piles, Decking, Plumbing, Electrical
Approximate Construction Dates: From 11/2017 To: 10/2018
Agency Name City of San Clemente
Contact Person Amir Ilkhanipour Telephone (94q 361-6140
Original Contract Amount $1,052,100 Final Contract Amount $ 1,207,785
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional work directed by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of th ontractor's current financial
conditions.
ASSOCIATED PACIFIC CONSTRUCTORS, INC. OIL
Bidder Authorized Signature itle
Paul E. Gillen, President
13
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
NON -COLLUSION AFFIDAVIT
State of California )
)SS.
County of San Luis Obisgo
Paul E. Gillen being first duly sworn, deposes and says that he or she is
President of Associated Pacific Constructors, Inc. the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of Califor is hat the Z:true and correct.
Associated Pacific Constructors, Inc.
Bidder w;W";"„ Authorized Sig'natLi-re/Titlbi Paul E. Gillen, President
Mh aMArat Is McW, mtl WMr tr Mtlron, sftwy,a
wwxyaMN�.
Subscribed and sworn to (or affirmed) before me on this 215r day of /UB//EatBE/Z, 2019
by Ayz- je:, proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
,.'>F CHRISTOPHER PETRUSKY
[SEAL] no.COMI(A 2192009 11A^
o NOTARY PUBLIC. CALIFORNIA VI
SAN LUIS OBISPO COUNTY
>. MY Comm. EAR. APR. 1� 20211 k
14
Notary Public
My Commission Expires:
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
DESIGNATION OF SURETIES
Bidder's name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Millennium Corporate Solutions
550 North Brand Lbvd., Suite 1100
CA 91
William Syrkin (818) 203-0408
Bonding
Durham and Bates Agencies, Inc.
720 SW Washington Street, Suite 250
Portland, OR 97205-3554
Greg Ryerson (503)242-9405
Insurance
15
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2018
2017
2016
2015
2014
Total
2019
No. of contracts
5
8
10
15
9
6
53
Total dollar
Amount of
Contracts (in
Thousands of $)
3,449
14,740
5,349
5,625
4,450
3,553
37,166
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
transfer to
another job or
0
0
0
0
0
0
0
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
Legal Business Name of Bidder ASSOCIATED PACIFIC CONSTRUCTORS, INC
Business Address: 495 EMBARCADERO MORRO BAY CA 93442
Business Tel. No.: (805) 772-7472
State Contractor's License No. and
Classification: 394886-A
Title GENERAL ENGINEERING CONTRACTOR
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature ofS
bidder 41J, /
Date 11/21/2019 1
Title
Signature of
bidder
Date
Title Paul E. Gillen Secretary
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 gx)
On /l e149 before me, G�ii�<sr 'f/es� T.�dsrty (��✓�/C
...... se name ane aIle o/pie o cer
personally appeared ��� E
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 signature(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. _n" c'HalsTOPHR FEQUSKY
- 1A Come,.#2192009 pp
. e' NOTARY PUDUC CALIFORNIA ill
Sup tw5 Gasvo CVUNn
Notary Public Signature (Notary Public Seal)
OF THE ATTACHED DOCUMENT
�r J
,vTi.r,.r,e t< /w/rr S/.LltL �yi ✓
(Title or descnplion 01 dttached document) �—
(Title ordescription of attached documen continued)
%tuber of Pages t- Document Date 11 Z! 9
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
�7
Carpor to Officer
.I,s5O4 -
0✓T-
Tltle
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2015 Version www.NolaryClasses.com 800-873-9865
sfo INSTRUCTIONS FOR COMPLETING THIS FORM
N ifneedcm complies with current California statutes regarding notary wording and,
ijneeded, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/hhey— is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
•• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 ofyi�.s �o
On..i/ 2i 19 before me,
Csr�,.�sTmPHr`L �%h�rsrc t sir
U ens nname an W�TI�o-Rcer /
personally appeared & Z 6""
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 signature(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. ryW cHelsTevhFa cE susk�
2192009
MARY It c. rrry
Notary Public Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This
DESCRIPTION OF THE ATTACHED DOCUMENT form complies with current California statutes regarding notary wording and,
!needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
(Ttle or desonphon O(atlached doCumenl) - d . law.
State and County information must be the State and County where the document
`7l-kzo.y! .,U y /�/rryPsSifG signer(s) personally appeared before the notary public for acknowledgment.
(Title ordestxlplion of attache document continued) • Date of notarization must be the date that the signers) personally appeared which
must also be the same date the acknowledgment is completed.
Number of Pages 2 Document Date l�Zfii The notary public must print his or her name as it appears within his or her
commission followed by a comma and th
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
"Corp ate Officer
G,t;G -7
Title
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.cem 800-873-9865
en Yom title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fors by crossing off incorrect forms (i.e.
he/she/they,- is /ere ) or circling the correct fors. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
41,✓C— 46 fW 1¢:t9
M.
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Associated Pacific Constructors, Inc.
Business Address: 495 Embarcadero Morro Bay, CA 93442
Telephone and Fax Number: (805) 772-7472, (805) 772-5803
California State Contractor's License No. and Class: 394886-A
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 11/30/1980 Expiration Date: 11/30/2020
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Paul E. Gillen
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
(805) 772-7472
Paul E. Gillen President 495 Embarcadero Morro Bay, CA 93442 (949) 258-4410
Corporation organized under the laws of the State of California
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
N/A
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA (805) 986-6500
Briefly summarize the parties' claims and defenses;
City of Port Hueneme alleged damages to piles for work completed and accepted in March 2006
Have you ever had a contract terminated by the owner/agency? If so, explain.
No
Have you ever failed to complete a project? If so, explain.
No
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor com liance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes /
20
Are any claims or actions unresolved or outstanding? Yes /l0
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Paul E. Gillen
(Print name of Owner or President
of Cor ation/Com any)
Associated Pacific Constructors, Inc.
Bidder Authorized Slgnatur /Title
A notary public or other officer completing this
certificate verities 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.
President
Title
11/21/2019
Date
On L/�/9 before me, C'/h�isro�rris 6'trausa✓ Notary Public, personally appeared
P-/uti G. COY/GGL+✓ ,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/theirsignature(s) on the instrumentthe person(s), orthe 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.
CHRISTOPHER PETRUSKY
" Celalr�.# 2192009 A
ro NOTARY PVOLICCApFOANIA
(SEAL) N . S,, Lens OF!M CouNn
Notary Public in and for said State % y mf '"'", EXP. r;a. ie, 2- �Zt 4
My Commission Expires: '!il6 G/
21
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
BALBOA PIER PILE REPLACEMENT WITH
ASSOCIATED PACIFIC CONSTRUCTORS, INC.
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract') is
made and entered into as of this 9th day of December, 2019 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation
("Contractor"), whose principal place of business is 495 Embarcadero Morro Bay, California
93442, 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 the following work: removing
the damaged timber pile stub embedded below the mudline, removing
timber cross -braces and a portion of the damaged pile cap and related
hardware, installation of a new timber pile and related hardware, installation
of new timber braces and a portion of the pile cap and related hardware,
and performing all related work as required to complete the contract work
in accordance with the drawings and specifications as more fully described
in the Contract Documents ('Project').
C. City has solicited and received a proposal from Contractor and desires to
retain Contractor to render services under the terms and conditions set forth
in this Contract.
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications set forth by City for the Project,
and is familiar with all conditions relevant to the performance of services
and has committed to perform all work required for the price specified in this
Contract over a period of ten (10) consecutive days commencing upon
issuance of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on February 1, 2020, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Request for Proposals/Bids, Instructions to Bidders, Proposal,
and Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached
hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and
Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond,
attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and
Standard Drawings; Plans and Special Provisions for Contract No. 7746-1; Standard
Specifications for Public Works Construction (current adopted edition and all
supplements); and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"). Exhibits A, B, C, D and E, and all other named
Contract Documents, are incorporated herein by reference. The Contract Documents
comprise the sole agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract Documents are
null and void. Any amendments must be made in writing, and signed by both parties in
the manner specified in the Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ("Work" or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract and
Contractor shall complete the Work within ten (10) consecutive days from the date of
issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted
may result in termination of the Contract by City and assessment of damages as outlined
in Section 3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for in
this Contract within ten (10) consecutive days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One
Thousand Dollars and 00/100 ($1,000.00) for each calendar day beyond the date
scheduled for completion.
4. COMPENSATION
4.1. 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
Associated Pacific Constructors, Inc. Page 2
as full payment the sum of One Hundred Three Thousand Five Hundred Dollars and
00/100 ($103,500.00), less any money deducted pursuant to Section 3.2. Contractor
shall not receive any additional compensation unless approved in writing in advance by
City's Project Administrator as defined herein. City shall make full payment to Contractor
no later than thirty (30) calendar days after acceptance of the Work by City.
4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. 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, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
5. PROJECT MANAGER
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
term of the Contract. Contractor has designated Paul E. Gillen to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to act
for City under this Contract. The Project Administrator or designee shall represent City in
all matters pertaining to the Services to be rendered pursuant to this Contract.
TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall not
be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work 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 Contract, and that it will perform all Work in a manner
commensurate with community professional standards and with the ordinary deoree of
Associated Pacific Constructors, Inc. Page 3
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances.
7.4. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Contract, all applicable federal, state and local laws, and legally recognized professional
standards.
7.5. 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 Contract.
7.6. 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.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers 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 Work 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,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
Associated Pacific Constructors, Inc. Page 4
9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (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 Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for 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 Contract. 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 Project Work.
9.6. 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.
9.7. Nothing in this Section or 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 above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees are to be considered employees 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 express terms of this Contract. No civil service status
Associated Pacific Constructors, Inc. Page 5
or other right of employment shall accrue to Contractor or its employees. 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 Contract. Anything in this Contract that
may appear to give City the right to direct Contractor as to the details of the performance 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 Work.
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 and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. BONDING
14.1. Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit E and incorporated herein by reference; and
(2) 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 this Contract and in the form
attached as Exhibit D and incorporated herein by reference.
14.2. The Faithful Performance Bond and Labor and Materials Payment 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.
14.3. Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and 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.
Associated Pacific Constructors, Inc. Page 6
ib�l�(;Yg7�.I
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 Contract or for other periods as specified in this Contract, 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.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not
less than the general prevailing rate of perdiem wages including legal holidays and overtime
Work for each craft or type of workman needed to execute the Work contemplated under
the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract 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 perdiem wages in the locality in which the Work is to be performed
for each craft, classification, or type of workman or mechanic needed to execute the
Contract. A copy of said determination is available 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.
If both the Davis -Bacon Act and State of California prevailing wage laws apply and
the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract 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 co -tenant if Contractor is a partnership or joint -venture or
syndicate or co -tenancy, 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 the Work on this Project are
identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City
Associated Pacific Constructors, Inc. Page 7
for all acts and omissions of any subcontractors. Nothing in this Contract shall create any
contractual relationship between City and 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 Work to be performed
under this Contract shall not be otherwise assigned, transferred, contracted or
subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
19.1. 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
Contract, 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.
19.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by City
or others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Contractor
will be at City's sole risk and without liability to Contractor. Further, any and all liability
arising out of changes made to Contractor's deliverables under this Contract by City or
persons other than Contractor is waived against Contractor and City assumes full
responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract 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 under this Contract. 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,
documents, proceedings and activities related to the Contract for a period of three (3) years
from the date of final payment to Contractor under this Contract.
21. 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 Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
Associated Pacific Constructors, Inc. Page 8
to appeal to the City Manager or 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.
22. CONFLICTS OF INTEREST
22.1. 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
seg., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
22.2. If subject to the Act and/or Government Code §§ 1090 et sea., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
23. NOTICES
23.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor 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.
23.2. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3. All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Paul E. Gillen
Associated Pacific Constructors, Inc.
495 Embarcadero
Morro Bay, CA 93442
Associated Pacific Constructors, Inc. Page 9
24. NOTICE OF CLAIMS
27.1 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. Contractor
and City expressly agree that in addition to all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim Contractor
may have against City in strict conformance with the Government Claims Act (Govt. Code
§§ 900 et seq.).
27.2 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 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.).
25. TERMINATION
25.1. In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. 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,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
25.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving 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 materials
purchased in performance of this Contract.
26. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project Site as defined by the Contract
Associated Pacific Constructors, Inc. Page 10
Documents, 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.
27. STANDARD PROVISIONS
27.1. Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
27.2. 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.
27.3. 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
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
27.4. Integrated Contract. This Contract 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.
27.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
27.6. Interpretation. The terms of this Contract 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 Contract or any other rule of construction which
might otherwise apply.
27.7. Amendments. This Contract 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.
27.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
27.9. Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
Associated Pacific Constructors, Inc. Page 11
27.10. 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.
27.11. No Attorney's Fees. In the event of any dispute or legal action arising under
this Contractor, the prevailing party shall not be entitled to attorneys' fees.
27.12. Counterparts. This Contract 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 and the same instrument.
[SIGNATURES ON NEXT PAGE]
Associated Pacific Constructors, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11 LIQ
By:
V-.e�Aaron C. Harp MW II.1-1.I
City Attorney
ATTEST: /, p
Date: D
Leilani 1. Brown
City ('lark
Attachme
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Grerreung
C' anag
CONTRACTOR: Associated Pacific
Constructors, Inc. a California corporation
Date:
Signed in Counterpart
By:
Paul E. Gillen
Chief Executive Officer and Secretary
[END OF SIGNATURES]
luest for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Associated Pacific Constructors, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: -7 2,01o1
By: Qy-' .kn_
poe'•Aaron C. Harp II1�
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Grace Leung
City Manager
CONTRACTOR: Associated Pacific
Constructors, I c. a California corporation
Date:?
By:
Paul E. Gillen
Chief Executive Officer and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Request for Proposals/Bids
Exhibit B - Proposal
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
Associated Pacific Constructors, Inc. Page 13
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
Associated Pacific Constructors, Inc. Page A-1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 25r" day of November, 2019,
at which time such bids shall be opened and read for
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
$110,000.00
Engineer's Estimate
Approved by
les M. Houlihan
PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http:l/wwwplanotbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "A"
For further information, call Kathryne Cho, Protect Manager at (949) 644-3014
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http,.Lnew ortbeaghca.go_/govermnt/optranspart/onlne-servic/idf�-es
vendor-renistration
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR -1
SPECIAL PROVISIONS............................................................................................ SP -1
2
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractorshall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or Informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviee .
394886-A
110
Contractor's License No. & Classification Authorized Signatur Miifle
Paul E. Gillen, President
1000001211 6/30/2020 November 21. 2019
DIR Registration Number & Expiration Date Date
ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Bidder
5
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
BIDDER S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid
Dollars ($ 10% of Bid ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA
PIER PILE REPLACEMENT, Contract No. 7746-1 in the City of Newport Beach, is accepted by
the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed,
including the required bonds, and original insurance certificates and endorsements for the
construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 19th day of Novembvu
2019.
Associated Pacific Constructors, Inc. r
Name of Contractor (Principal) Authorized Sig r aturelritl
10rld/ 61 Gr ��� 70✓Ydielel&.7;4-
Western Surety Company
Name of Surety
1000 Wilshire Blvd., Suite 1800, 18th Floor
Los Angeles, CA 90017
Address of Surety
(213)452-5961
Telephone
72n.11De r e. QYlM Z*cal� Am A4.
Authorized Agent Signature
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
0
'"See Attached—
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
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(les) claimed by Signer(s):
_ Trustee
_ Power of Attorney
_ CEO/CFO/COO
_ President / Vice -President / Secretary / Treasurer
_ Other:
Other Information:
(seal)
Thumbprint of Signer
❑ Check here If
no thumbprint
or fingerprint
is available.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL
CODE
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 Orange )
On 11/19/2019 before me, A. MacFarlane, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameKof SignerN
who proved to me on the basis of satisfactory evidence to be the person* whose name* Is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
I'TWher/their authorized capacity(ibs), and that by his/herRhelr signatureZ.on the instrument the person(s),
or the entity upon behalf of which the persona) 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.
0%.j- 4"a°�" m"" 4 ' a WITNESS my hand and official seal.
A. MACFARLANE
Notary Public -Califomia
="+ Orange County
QL]27 - Com.Exion pirlMar27,1 Signature GGA
. My Comm. Expires Mar 77,1071 ' ' Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section Is optional, completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bid Bond
Number of Pages: Two 2 Signers)
Document Date: 11/19/2019
Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: _Rebecca Haas -Bates
❑ Corporate Officer — Thiele):
❑ Partner — ❑ Limited ❑ General
❑ Individual (RAttomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Western Surety Company
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney In Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1 • • • • • • • •V :11 .1\ :11 •1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know AU Men By There Prcsaote, That WESTERN SUREN COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Owen Brown, Richard Adair, William Syrldn, Sergio D Becharn, Margaret Gilmore, Rebecca
Haas -Bates, Individually
of hvioe, CA, its true and IawfW Attorney(s)-ia-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory iosnumenla of similar nature
- In Unlimited Amounts -
and to bind it thereby ae fully and to the some extent m if such instruments were signed by a duly authorized officer of the corporation and an the acts of said
Attorney, purment to the authority hereby given, ere hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hemof, duly adopted, as indicated, by
the shareholders of the corporation.
In Wimas Whereof, WESTERN SURELY COMPANY has caused these presertts to be signed by its Vice President end its corporate seal to be
hereto affixed on this 91h day of June, 2015.
rr° WESTERN SURETY COMPANY
�e-tel pDrt'
eul T. Brufiat, Vice Presideel
State of South Dakota
County of Minnehaha
On this 9th day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he Is the Vice President of WESTERN SURETY COMPANY described in end which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Direeors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and dad of said corporation.
My commission expires �"++++++++++++++•+++...•t
, S. ETCH ff
February 12,2021 I WCURYr11UUC��
r dOUfll tNROIA(vrvrj
S. Eich, Notary Public
CERTIFICATE
1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed an the reverse hereof is still in face. In testimony whereof 1 have hereunto sebscnbod
mynameend&Tmedthesmlofthemidcorporation" 19th dayof November - 2019
Porm F4280.1-2012
WESTERN SURETY COMPANY
(Dy woLa�
L Nelson, Assistant Swre!ary
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
On
Notary Public, personally appeared _
who proved to me on the basis of sati
subscribed to the within instrument
in his/her/their authorized capacit ie
the person(s), or the entity upon ehc
I certify under PENALTY OF
paragraph is true and cor*
WITNESS my hand an�official seal.
ss.
before me,
ktory evidence to be the
acknowledged to me that
and that by his/her/their
of which the person(s) ay
under the laws of
6-�F,r -,, � rl 4,e.v;IJ
Signature a r 19
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.
rro (s) whose name(s) Is/are
eexecuted the same
atures(s) on the instrument
executed the instrument.
of California that the foregoing
(seal)
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
0
(seal)
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 Zeis e/WSPV }
On I//f"19 before me, Ajk f2v /vgt✓ti
ere nea name am tus eo car
personally appeared A,` C. ����r✓
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 signature(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.
®r,
OPHER PEtgOs�I�InnWITNESS my hand and official seal. NMo RMPHER�BLIC PETRU K yl SMI LUIS ()SI5;0 CoLay
Mr Cnuu. Erv. ASR. 16, 2021 t
Notary Public Signature (Notary Public Seal)
IAL UI' 1 IUNAL INFORMAT
OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Datef1 N f 9
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
le
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www. NotaryClassos.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
ON Thisform complies with current California statutes regarding notary wording and,
ifneeded, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a cormna and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
Wshe/ehey, is leve) or circling the correct forma. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
- Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
i• Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Bidder
PJ C ✓
Authorized Signatur /Title
Paul E. Gillen, President
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all ocean pier pile construction projects you have worked on (or are currently working
on) in the past 5 years in excess of $75,000, provide the following information:
No. 1
Project Name/Number Grand Canal Dredging Project - Phase 2
Project Description Dredge/TransporUDisposal of material
Approximate Construction Dates: From
Agency Name City of Newport Beach
Contact Person _ Kathryne Cho
01/2109
10/201
Telephone (94� 644-3014
Original Contract Amount $1,383,070 Final Contract Amount $ 840,560
If final amount is different from original, please explain (change orders, extra work, etc.)
Reduction of scope of work
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
10
No. 2
Project Name/Number Grand Canal Dredging Project - Phase 1 8171-1
Project Description Dredge / Transport / Disposal of material
Approximate Construction Dates: From 11/01/16 To: 1/31/17
Agency Name City of Newport Beach
Contact Person Peter Tauscher Telephone (949) 644-3316
Original Contract Amount $397,000 Final Contract Amount $ $ 379,545
If final amount is different from original, please explain (change orders, extra work, etc.)
Reduction of scope of work by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 3
Project Name/Number Central Avenue Public Dock - Contract 8197-1
Project Description Removal/Replace Piles, Dock and Gangway
Approximate Construction Dates: From 7/01/17 To: 9/30/17
Agency Name City of Newport Beach
Contact Person Peter Tauscher Telephone (949) 644-3316
Original Contract Amount $232,100 Final Contract Amount $ 247,850
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional work directed by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number Avalon Harbor Fueling Facility Pier Replacement
Project Description Remove/Replace Fuel Dock
Approximate Construction Dates: From 12/2015 To: 6/2017
Agency Name City of Avalon
Contact Person Bob Greenlaw Telephone (310) 570-3025
Original Contract Amount $2,572,500 Final Contract Amount $ 3,000,661
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional work directed by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 5
Project Name/Number San Clemente Pier Repair # 16811
Project Description Remove/Replace & Repair Piles, Decking, Plumbing, Electrical
Approximate Construction Dates: From 11/2017 To: 10/2018
Agency Name City of San Clemente
Contact Person Amir Ilkhanipour Telephone (949j 361-6140
Original Contract Amount $1,052,100 Final Contract Amount $ 1,207,785
If final amount is different from original, please explain (change orders, extra work, etc.)
Additional work directed by Owner
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
IVA
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N/A
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of th ontractor's current financial
conditions. Q
ASSOCIATED PACIFIC CONSTRUCTORS, INC. [
Bidder Authorized Signature4Title
Paul E. Gillen, President
13
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
NON -COLLUSION AFFIDAVIT
State of California )
)as,
County of San Luis Obispo
Paul E. Gillen being first duly sworn, deposes and says that he or she is
President of Associated Pacific Constructors, Inc., the party making the
foregoing bid; that the bid is not made in the Interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of Califor is hat the fo ci g is true and correct.
Associated Pacific Constructors, Inc.
Bidder Authorized SignatUre/Titlef Paul E. Gillen, President
N Gr1Alalr M �YGMo, nne not tlM �u1Flrrt, Rmnwy, or
vd*oMstd nd.
Subscribed and sworn to (or affirmed) before me on this 2/sr day of Eoo X-, 2019
by Pw[, f proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph Is true and correct.
" v�/�„",,,'`�CHRISTOPNER FETRUI
(SEAL] //�,__,. Coum.11 2192009 '
N ElC C NOTARY 1091 CALWNO N
JY
` SCC^ SHi lms Osiivo Caxn
rT4- Mnr mgr {ii�llyrE�P. APRR.166, 20211
Notary Public
My Commission Expires:
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
DESIGNATION OF SURETIES
Bidder's name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
Millennium Corporate Solutions
North Brand Lbvd.. Suite 1100
Glendale, CA 91203
William Svrkin (818)203-0408
Durham and Bates Aqencies, inc.
720 SW Washington Street, Suite 250
OR 97205-3554
Greg Ryerson (503) 242-9405
Insurance
15
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2018
2017
2016
2015
2014
Total
2019
No. of contracts
5
6
10
15
9
6
53
Total dollar
Amount of
Contracts (in
Thousands of $
3,449
14,740
5 349
5,625
4,450
3,55-3
37,166
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
transfer to
another job or
0
0
0
0
0
0
0
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder ASSOCIATED PACIFIC CONSTRUCTORS, INC
Business Address: 495, EMBARCADERO MORRO BAY CA 93442
Business Tel. No.: (805)7721472
State Contractor's License No. and
Classification: 394888-A
Title GENERAL ENGINEERING CONTRACTOR
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of //
bidder (/
Date 11/21/2019 r
Title
Signature of
bidder
Date
Title Paul E Gillen Secretary _
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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�
On , z/ /9 before me, �/raisT6pyr,_/�T.tctstY , ,Joh,
ere nae name an a ec uta car
personally appeared A.w, E
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 signature(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. ?u
A(
`�i�CH21570PH[R PiTRUSKY
n, N Comet. d 2192009 1p
N Y • A NOIARY PUBLIC CALIFORNIA 1
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Notary Public Signature (Notary Public Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
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Vumber of Pages 2- Document Date 11A
CAPACITY CLAIMED BY THE SIGNER
�❑Individual (s)
!yIM Corpol to Officer
file)
El Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
it
N ne form compiles with current California stalutes regarding notary wording and,
ijneeded, should be completed and attached to the document Anbtowledgments
from other stales may be completed for documents being sent to that stale so long
as the wording does not require the California notary to violate California notary
I.,
• State and County information must be the State and County where the document
signer(s) personally, appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and than your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they— is Aare) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
•5 Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the Nile (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 —Syy4s &'V� )
On before me GJlP�STsPyG %„marc
� I s��/ ✓�ClG,
n era nse name ori i3 e o car y
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 signature(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. u°r�
�^ CHRISIOPNEft rE1RUSKY
xoPl. a z l2zoo9
NOTARY
�krrJmuccaurenaa
Notary Public Slgnature (Notary Public Seal) y
(rue
OF THE ATTACHED DOCUMENT
._-.r._..- •�vwmoenr wnun
Of Pages 2 Document Dateuea) ///
CAPACITY CLAIMED BY THE SIGNER
Individual (s)
Corp late Officer
ilia)it I
❑ Partner(s)
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
NINSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current Calfornta statures regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completedfor documents being sent to that state so long
ON the wording does not require the California notary to violate Calfjomin notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/dW,, is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must snatch the signature on file with the office of
the county clerk.
4 Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
4 Indicate title or type of attached document, number of pages and date.
d' Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name ASSOCIATED PACIFIC CONSTRUCTORS, INC.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
M
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: Associated Pacific Constructors, Inc.
Business Address: 495 Embarcadero Morro Bay, CA 93442
Telephone and Fax Number: (805) 772-7472, (805) 772-5803
California State Contractor's License No. and Class: 394888-A
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 11/30/1980 Expiration Date: 11/30/2020
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Paul E. Gillen
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
(805)772-7472
Paul E. Gillen President 495 Embarcadero Morro Bay, CA 93442 (949) 258-4410
Corporation organized under the laws of the State of California
ito]
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
N/A
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
City of Port Hueneme
250 N. Ventura Road
Port Hueneme, CA (805) 986-6500
Briefly summarize the parties' claims and defenses;
City of Port Hueneme alleged damages to piles for work completed and accepted in March 2006
Have you ever had a contract terminated by the owner/agency? If so, explain.
No
Have you ever failed to complete a project? If so, explain.
No
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor com fiance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes /
20
Are any claims or actions unresolved or outstanding? Yes /W
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Associated Pacific Constructors, Inc.
Bidder
A notary public or other officer completing this
certificate verifies only the Identify of the Individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy or
validity of that document.
Paul E. Gillen
(Print name of Owner or President
of Corl ration/Com any)
Authorized S'ignaturfMitle
President
Title
11/21/2019
Date
Ong/t/419 before me, C'Ndisr®�nrisYEJ3LUSAJ Notary Public, personally appeared
f'Iri_ t. r�iGct ✓ o 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/shelthey executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
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.
17
\� CHRISTOPHER PETHUSKY
Cola!a.k2192009 1
NCIARY OLeLIC•CFIIFCRRA N
(SEAL) N ff� SMS Lw; OFr;:o C'm�ry
Notary Public in and for said State
i .. e ...... t
My Commission Expires:
21
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7746-1 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
11/21/2019
Date
(805) 772-7472, (805) 772-5803
Bidder's Telephone and Fax Numbers
394886-A
Bidder's License No(s).
and Classifications)
1000001211 6/30/2020
DIR Registration Number
Associate acific Constructors Inc.
Bidder
ka
Bidder's Authorize Signature and Title
Paul E. Gillen, President
495 Embarcedero Morro Bay, CA 93442
Bidder's Address
Bidder's email address: Paul@associatedpacific.com
PR -1
Paul E. Gillen
President Associated Pacific Constructors, Inc.
Summary
Sole Owner / President of Associated Pacific Constructors, Inc. RMO California
Contractors General Engineering License #394886A
Over 45 years' experience project managing and ownership of Heavy Civil, Marine
Contracting, Coastal Dredging operations and offshore oil service industries
activities.
Responsible for the successful management and completion of over $ 400 million
dollars of marine and civil project revenues spanning 30 years as a project manager.
Career History and Accomplishments
Associated Pacific Constructors, Inc. — Morro Bay, CA
President / Owner
2005 - Present
Company owns and operates Marine and Heavy Civil construction
equipment, based in Morro Bay California and Wilmington, California. Under
Paul's ownership the company has expanded over 300% in revenues and
broadened the scope and geographic footprint of its operating areas. The
company has a strong financial base with project and performance bonding
capacity from an AAA rated insurer. Refer to website for company overview
and capabilities, www.associatedpacific.com
Pacific Constructors, Inc. — Morro Bay, CA
- President / Owner
1999 - Present
A Marine and Civil Contracting Project management company providing
project management and business development expertise to a wide range of
companies.
Orion Construction, Inc. — Houston, TX
- Vice President / Shareholder
1994-1999
Specialty Heavy Civil and Marine construction company, originally formed as
a fixed price project management company, which by 1997 had successfully
completed over $55 Million of turnkey projects, and by 1998, became the
largest Texas based marine contractor. Majority of projects 100% bonded
through Travelers and later Aetna.
WS Technology LTD. - Singapore
- President / Principal Shareholder
1989-1994
Specialty industrial coating developer and manufacturer, with annual sales in
excess of $10 Million USD.
BMI Piling SND BHD. — Singapore
- President / Principal Shareholder
1987-1992
Civil engineering, piling company and manufacturer of proprietary designed
construction products sold to specialty residential and commercial markets of
Malaysia, Thailand and Indonesia. Annual revenues in excess of $10 Million
USD.
Paul E. Gillen
President Associated Pacific Constructors, Inc.
Oceaneering International, Inc. — Singapore
- Regional Vice President
1985-1986
A worldwide underwater service supplier (i.e. diving, ROV, ships, pipeline
repair, etc.) delivering services to oil field services, US Navy, and private
customers.
Oceaneering International, Inc. — CA
- General Manager -West Coast Division
1982-1985
Oceaneering International, Inc. — Various Locations
- Project Manager
1974-1982
Prior to 1979
Commercial Diving career started 1968 Salvage diving /dock building
Caribbean, east coast USA with commercial training Divers Training
Academy, Commercial Diving Center. Activities included Hydro Electric
repair and maintenance, Hyperbaric welding platforms and pipelines,
platform installations, pipe lay, exploration support and extensive north
sea bell bounce and saturation diving to depths exceeding 500'. As
special Projects manager, lead diver, Supervisor, and Project Manager for
Oceaneering International, Inc. and Seaway Diving AIS, Norway. Working
from DP vessels, lay -barges, lockout submersibles, live -boat operations,
jack -ups and semi -submersibles.
EXHIBIT B
PROPOSAL
Associated Pacific Constructors, Inc. Page B-1
City of Newport Beach
Balboa Pier Pile Replacement (7746-1), bidding on November 25, 2019 10:00 AM (Pacific)
Bid Results
Bidder Details
Vendor Name
Associated Pacific Constructors, Inc.
Address
495 Embaracadero
Mono Bay, CA 93442
United States
Respondee
Paul E Gillen
Respondee Title
President
Phone
805-234-5055 Ext.
Email
paul@associatedpacific.com
Vendor Type
CADIR
License#
394886
CADIR
1000001211
Bid Detail
Bid Format
Electronic
Submitted
November 25, 2019 8:33:32 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
196429
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
Bid Docs
APC Bid Docs.pdf
Bid Bond page 6 of 31
APC Bid Docs.pdf
Line Items
Type Item Code
UOM City
Section 1
1 Mobilization
Unit Price
LS 1 $25,000.00
2 Remove Damaged Pier Pile Stub
LS 1 $4,000.00
3 Remove Damaged Pile Cap and Bracing
LS 1 $10,000.00
4 Install New 14 -Inch (min) Pier Pile treated with ACZA 2.5 ret.
LS 1 $39,000.00
5 Install New Cap Beam, and Horizontal and Vertical Bracing, treated with ACZA 2.5 ret.
LS 1 $24,500.00
PlanetBids, Inc.
Page 1
Printed 11/25/2019
File Type
General Attachment
Bid Bond
Line Total Comment
$25,000.00
$4,000.00
$10,000.00
$39,000.00
$24,500.00
City of Newport Beach
Balboa Pier Pile Replacement (7746-1), bidding on November 25, 2019 10:00 AM (Pacific)
Bid Results
Type Item Code UOM City
6 Provide As -Built Drawings
LS 1
Subcontractors
Name 8 Address Description License Num
PlanetBids, Inc.
Page 2
Printed 11/25/2019
Unit Price Line Total Comment
$1,000.00 $1,000.00
Subtotal $103,500.00
Total $103,500.00
CADIR Amount Type
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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 Contract, 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 providing statutory benefits and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
employee 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. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with California law for all of the subcontractor's
employees. The insurer issuing the Workers' Compensation insurance shall
amend its policy by endorsement to waive all rights of subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its elected
or appointed officers, agents, officials, employeesand volunteers.
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 and two million dollars
($2,000,000) completed operations 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
Associated Pacific Constructors, Inc. Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this Contract,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit
for each accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for "all
risk" or special causes of loss form with limits equal to 100% of the completed
value of contract, with coverage to continue until final acceptance of the Work
by City. At the discretion of City, the requirement for such coverage may
include additional protection for Earthquake and/or Flood. City shall be
included as an insured on such policy, and Contractor shall provide City with
a copy of the policy.
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 Contract shall be endorsed to waive subrogation against City,
its elected or appointed officers, agents, officials, employees and volunteers
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 and insurance clauses 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 elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
Associated Pacific Constructors, Inc. Page C-2
5. Additional Aqreements 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. All of the executed
documents referenced in this Contract must be returned to City within ten (10)
regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements 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
Contract. 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
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. The City reserves the right at any time
during the term of the Contract to change the amounts and types of insurance
required by giving Contractor ninety (90) 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 Contract 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.
Associated Pacific Constructors, Inc. Page C-3
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A 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
proceeds in excess of specified minimum limits of insurance and coverage
shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may review
options with Contractor, which may include reduction or elimination of the self-
insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
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
Contract, 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 Contract, 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.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any other
agreement relating to City or its operations limits the application of such
insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof that
Associated Pacific Constructors, Inc. Page C-4
policies of insurance required herein expiring during the term of this Contract
have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Contractor's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional
insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City with five (5) calendar days
of the expiration of the coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
Associated Pacific Constructors, Inc. Page C-5
Executed in 2 Counterparts
Bond No. 30089263
Premium Included in Performance Bond
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 30089263
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Associated
Pacific Constructors, Inc. hereinafter designated as the "Principal," a contract for the
Improvement of Balboa Pier Pile Replacement located at Balboa Pier , in the City of
Newport Beach, in strict conformity with the Contract 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 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, Western Surety Company
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 One
Hundred Three Thousand Five Hundred Dollars and 001100 ($103,500.00) lawful money
of the United States of America, said sum being equal to 100% of the estimated amount
payable by the City of Newport Beach under the terms of the Contract; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
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 required
by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the
State of California.
Associated Pacific Constructors, Inc.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby
waive notice of any such change, extension of time, alterations or additions to the terms of
the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 9th day of 22�.ember
2019
Associated Pacific Constructors, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
1000 Wilshire Blvd., Suite 1800, 18th Floor
Los Angeles, CA 90017
Address of Surety
(213)452-5961
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_1/7/-Z070
By:
W'• Aaron C. Harp W I'L -l4. t1
City Attorney
Authorized Sig/na /e/Title /
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Associated Pacific Constructors, Inc.
"See Attached"
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.
nature
Associated Pacific Constructors, Inc.
(seal)
ALL-PURPOSE 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 15&7 L flis Db/V SS
On - DG.��, ZU/ G! before me, / /e/%/!/� `- l' �'G 7 Notary Public,
personally appeared P!d'/L/ 15 L`7//m/7 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 signature(s) on the instrument the
person(s), or the entity upon behalf of which the
.�° HEILEIGH BRIGHT person(s) acted, executed the instrument.
d ; Coma.R N 2267129 S q' NOTARY PUBLIC•CAIIFORNA N I certifyunder PENALTY OF PERJURY under the
SAN UAs OBISPO COUNTY
°+.none" IIT Comm. UP. DEC. 10, 20i2'� laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
PLACE NOTARY SITAL IN ABOVE SPACE NOTARY'S SIGNATURIw„._........�.__....._f,—
OPTIONAL INFORMATION
The information below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL /-
CORPORATE OFFICER eS; 60_1
PARTNER(S) TITLEIS)
ATTORNEY-IN-FACT
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS
OTHER:
SIGNER (PRINCIPAL) IS REPRESENTING:
NAME OF PHRSON(S) OR ENTITY(IES)
DESC IPTION OFATTACHE�D _/DOCUMENT
7GNi'Ilea- sQ�/
`TITLE OR TYPE OF DOCUMENT
2 t alkeul
- NUMBER OF PAGES
/2 -r! './ci
DATE OF DOCUMENT
RIGHT
THUMBPRINT
OF
SIGNER
APA017015 NOTARY BONDS, SUPPLIESAND FORMSATHTTP.#WWWVALLEY.SILRRA.COM 010051011 VALLEY -SIERRA INSURANCE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
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 Orange )
On 12/05/2019 before me, A. MacFarlane, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameKof SignerN
who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/are
subscribed to the within instrument and acknowledged to me that He/she/they executed the same in
Ais/her/their authorized capacity, and that by his/her/their signature on the instrument the person(,*
or the entity upon behalf of which the persons) acted, executed the instrument.
A. MACFARIANE
11 Notary Public -California
[C orangecounty
Commission 82188592
My Comm. Expires Mar 27,2021 +
Place Notary Seal Above
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 4
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Payment Bond No. 30089263 Document
Number of Pages: Three 3 Signers) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual [RAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Western Surety ComRany.
Date: 12/09/2019
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know Ali Men By Tbese Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca
Haas -Bates, Individually
of Wine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby confined to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the sets of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirms!.
This Power of Attorney is made and executed pursuant to and by authority of the Bylaw printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Wltnus whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of June, 2015.
aWESTERN SURETY COMPANY
aul T. BntBet, Vice President
State of South Dakota 1
f ss
Courcy of Mimehaha
On this 9th day of June, 2015, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pmsuaat to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and dad of said corporation
Mycommissionexpires �•`•••"*•`••`•`••••`••`•s
S. ETCH
February 12, 2021 X=RY PUArr�!���
SJsouYB MKpTA
S. Eich, Notary Public
CERTIFICATE
1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-law of the corporation printed on the reverse hereof is still in force In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the mid corporation this 9th day of December , 2019
,wrrre WESTERN SURETY COMPANY
sCpx. �Y
Form F4280.7-2012 +• L Nobon, AsAssistantSar:Yar;/
Executed in 2 Counterparts
Bond No. 30089263
Premium: $1,490.00
Premium is for contract lens and is subject to
adjustment based on final contract price
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 30089263
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,490.00 being
at the rate of $ 14.40 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Associated Pacific Constructors, Inc. hereinafter designated as the "Principal," a contract for
the Improvement of Balboa Pier Pile Replacement located at Balboa Pier in the City of
Newport Beach, in strict conformity with the Contract 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 Contract and the terms
thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Western Surety Company
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred
Three Thousand Five Hundred Dollars and 00/100 ($103,500.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount of the
Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Contract Documents and any alteration thereof made as therein provided on its part, to
be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by the City, only in the event the City
is required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
Associated Pacific Constructors, Inc. Page E-1
thereunder 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 stn day of December 2019 .
i2w&rw
Associated Pacific Constructors Inc VJ
Name of Contractor (Principal) Authorized Signat re/Title
Western Surety Company
Name of Surety
1000 Wilshire Blvd., Suite 1800, 18th Floor
Los Angeles, CA 90017
Address of Surety
(213)452-5961
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ ►T-� /_�tM
By:
Aaron C. Harp 11-19 .11
City Attorney
Rebecca Haas -Bates, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Associated Pacific Constructors, Inc. Page E-2
**See Attached**
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 (seal)
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
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)
Associated Pacific Constructors, Inc.
ALL-PURPOSE 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 �/JJ� �U/ 5 �b�6 (p SS.
On . )De(,1111 before me, �� {��/� �� !'9. /..._,.__, Notary Public,
personally appeared lal Li • 6. 116'?c/ , 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 signature(s) on the instrument the
person(s), or the entity upon behalf of which the
HEILEIGH BRIGHT person(s) acted, executed the instrument.
CONM.N2267129 ,5
N 2 NOTARY PUBLIC -CALIFORNIA N
sA+ LUIS Oa15Po coon I certify under PENALTY OF PERJURY under the
My Comm Exp. Dec. 10, Y022 Y
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
I'LACIi NOTARY SI?AL 1Y ABOVL SPACE, NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The infonuation below is optional. However, it may prove valuable and could prevent fraudulent attachment
of this form to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL n
CORPORATE OFFICER )01106/, L
PARTNER(S) TITLEISI
ATTORNEY-IN-FACT
GUARDIAN/CONSERVATOR
SUBSCRIBING WITNESS
OTHER:
SIGNER (PRINCIPAL)ISREPRESENTING:
NAML• OF PERSON(SI OR ENTITY(IES)
DESCRIPTION OFATTACHED DOCUMENT
&•4ma176X &2'7w
TITLE OR TYPE OF DOCUMENT
•>- al-lvvwlire'
NUMBER OF PAGES
12-9-19
DATE OF DOCUMENT
RIGHT
THUMBPRINT
OF
SIGNER
r
E
5
APA01PNI5 NOTARY BONDS, SUPPLIESAND FORMS AT IMP#WWW VALLEY•SIERRA.COM+:20052019VALLEY-SLERRAINSURANCE
CALIFORNIA ALL-PURPOSE
ACKNOWLEDOMENT CIVIL CODE
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 Orange )
On 12/05/2019 before me, A. MacFarlane, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas -Bates
NameNkof Signer'(*
who proved to me on the basis of satisfactory evidence to be the person(* whose name* is/am
subscribed to the within instrument and acknowledged to me that iie/she/they executed the same in
his/her/their authorized capacity(ibr), and that by his/her/their signature] on the instrument the person(s),
or the entity upon behalf of which the persons) acted, executed the instrument.
A. MACFARLANE
Notary Public - California
* Orange County >
Commission # 2168592
My Comm. Expires Mar 27, 2021
Place Notary Seal Above
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
Signature of Notary Public
OPTIONAL
Though this section /s optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Performance Bond No. 30089263 Document Date: 12/09/2019
Number of Pages: Three 3 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas -Bates
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual la Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Western Surety Company
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
• • ;11Q9j W wNtIM1,141111.00• •: •1
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know AB Men By These Presents, That WESTERN SUREfY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca
Haas -Bates, Individually
of Wine, CA, its true and lawful Anomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar mum
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation end all the acts of mid
ABomey, pursuant to the authority hereby giver, are hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of June, 2015.
V"srre WESTERN SURETY COMPANY
von,,"a
47'
aul T. Brullat, Vice President
State of South Dakota 1
County of Mirmehaha J
On this 9th day of June, 2015, before me personally came Paul T. Btuflat, to me known, who, being by me duly sworn, did depose and my: that he
resides in the City of Sioux Fells, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of mid corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of mid corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and dad of mid corporation.
My commission expires �•*•+++++++•++++++++++++•
S. ETCH I
February 12, 2021 ,I: !xNPYARY FtJ_r�x�
i 60UT/1 QAKOYAs&�J�
S. Eich, Notary Public
CERTIFICATE
1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the mid corporation this 9th day of December , 2019
Form F4280.7-2012
st'�P WESTERN SURETY COMPANY
r" woRa,°a
(Dy lfr2ei..o
dR
L. Neimry AssirLaat Ce;.relary
From: EXIGIS RiskWorks <notifications@riskworks.com>
Sent: Wednesday, December 18, 2019 1:33 PM
To: Morgan, Shelby
Subject: City of Newport Beach: Notice of Waiver for Associated Pacific
Constructors, Inc.
Dear Business Partner,
City of Newport Beach has completed its review of the insurance documentation submitted on
behalf of Associated Pacific Constructors, Inc. and has waived its standard insurance
requirements.
The following comments were provided: Evaluation waived by reviewer
No further action is required at this time. You will receive a renewal notice requesting the
submission of updated insurance documentation in advance of expiration.
If you have any questions, please contact EXIGIS Risk Management Services at
sugport&exi ig s.com or 800-430-1589.
Thank you for your cooperation and timely fulfillment of this important request.
Sincerely,
EXIGIS Risk Management Services
On behalf of City of Newport Beach
800-430-1589
sup ort ,exigis.com
Organizational Unit: City of Newport Beach -> Public Works
Agreement Name: Balboa Pier Pile Replacement
Agreement Number: 7746-1
City of Newport Beach
BALBOA PIER PILE REPLACEMENT
Contract No. 7746-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBlds.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7746-1 in accordance with the Plans and Special
Provisions, and will take in full payment therefore the following unit prices for the work,
complete in place, to wit:
11/21/2019
Date
(805)772-7472,(805)772-5803
Bidder's Telephone and Fax Numbers
Bidder's License No(s).
and Classification(s)
1000001211 6/30/2020
DIR Registration Number
Bidder
Bidder's AuthorizedVSignature and Title
Paul E. Gillen, President
495 Embarcadero Morro Bay, CA 93442
Bidder's Address
Bidder's email address: paul@associatedpacific.com
WEN
City of Newport Beach
Balboa Pier Pile Replacement (7746-1), bidding on November 25, 2019 10:00 AM (Pacific)
Bid Results
Bidder Details
Vendor Name
Associated Pacific Constructors, Inc.
Address
495 Embaracadero
Morro Bay, CA 93442
United States
Respondee
Paul E Gillen
Respondee Title
President
Phone
805-234-5055 Ext.
Email
paul@associatedpacifc.com
Vendor Type
CADIR
License #
394886
CADIR
1000001211
Bid Detail
Bid Format
Electronic
Submitted
November 25, 2019 8:33:32 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
196429
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
Bid Docs
APC Bid Docs.pdf
Bid Bond page 6 of 31
APC Bid Docs.pdf
Line Items
Type Item Code
UOM Qty
Section 1
1 Mobilization
2 Remove Damaged Pier Pile Stub
LS 1
LS 1
Unit Price
$25,000.00
$4,000.00
3 Remove Damaged Pile Cap and Bracing
LS 1 $10,000.00
4 Install New 14 -Inch (min) Pier Pile treated with ACZA 2.5 ret.
LS 1 $39,000.00
5 Install New Cap Beam, and Hodzontal and Vertical Bracing, treated with ACZA 2.5 ret.
LS 1 $24,500.00
PlanetSids, Inc.
Page 1
Printed 11/25/2019
File Type
General Attachment
Bid Bond
Line Total Comment
$25,000.00
$4,000.00
$10,000.00
$39,000.00
$24,500.00
City of Newport Beach
Balboa Pier Pile Replacement (7746-1), bidding on November25, 2019 10:00 AM (Pacific)
Bid Results
Type Item Code UOM qty Unit Price
6 Provide As -Built Drawings
LS 1 $1,000.00
Subtotal
Total
Subcontractors
Name $ Address Description License Num CADIR
PlanotBids, Inc.
Page 2
Printed 11/25/2019
Line Total Comment
$1,000.00
$103,500.00
$103,500.00
Amount Type
Paul E. Gillen
President Associated Pacific Constructors, Inc.
Summary
Sole Owner / President of Associated Pacific Constructors, Inc. RMO California
Contractors General Engineering License #394886A
Over 45 years' experience project managing and ownership of Heavy Civil, Marine
Contracting, Coastal Dredging operations and offshore oil service industries
activities.
Responsible for the successful management and completion of over $ 400 million
dollars of marine and civil project revenues spanning 30 years as a project manager.
Career History and Accomplishments
Associated Pacific Constructors, Inc. — Morro Bay, CA
- President / Owner
2005 -Present
Company owns and operates Marine and Heavy Civil construction
equipment, based in Morro Bay California and Wilmington, California. Under
Paul's ownership the company has expanded over 300% in revenues and
broadened the scope and geographic footprint of its operating areas. The
company has a strong financial base with project and performance bonding
capacity from an AAA rated insurer. Refer to website for company overview
and capabilities, www.associatedpacific.com
Pacific Constructors, Inc. — Morro Bay, CA
- President / Owner
1999 - Present
A Marine and Civil Contracting Project management company providing
project management and business development expertise to a wide range of
companies.
Orion Construction, Inc. — Houston, TX
- Vice President/ Shareholder
1994-1999
Specialty Heavy Civil and Marine construction company, originally formed as
a fixed price project management company, which by 1997 had successfully
completed over $55 Million of turnkey projects, and by 1998, became the
largest Texas based marine contractor. Majority of projects 100% bonded
through Travelers and later Aetna.
WS Technology LTD. - Singapore
- President / Principal Shareholder
1989-1994
Specialty industrial coating developer and manufacturer, with annual sales in
excess of $10 Million USD.
BMI Piling SND BHD. — Singapore
- President / Principal Shareholder
1987-1992
Civil engineering, piling company and manufacturer of proprietary designed
construction products sold to specialty residential and commercial markets of
Malaysia, Thailand and Indonesia. Annual revenues in excess of $10 Million
USD.
Paul E. Gillen
President Associated Pacific Constructors, Inc.
Oceaneering International, Inc. — Singapore
- Regional Vice President
1985-1986
A worldwide underwater service supplier (i.e. diving, ROV, ships, pipeline
repair, etc.) delivering services to oil field services, US Navy, and private
customers.
Oceaneering International, Inc. — CA
- General Manager -West Coast Division
Oceaneering International, Inc. —Various Locations 1982-1985
- Project Manager
Prior to 1979 1974-1982
- Commercial Diving career started 1968 Salvage diving /dock building
Caribbean, east coast USA with commercial training Divers Training
Academy, Commercial Diving Center. Activities included Hydro Electric
repair and maintenance, Hyperbaric welding platforms and pipelines,
platform installations, pipe lay, exploration support and extensive north
sea bell bounce and saturation diving to depths exceeding 500'. As
special Projects manager, lead diver, Supervisor, and Project Manager for
Oceaneering International, Inc. and Seaway Diving AIS, Norway. Working
from DP vessels, lay -barges, lockout submersibles, live -boat operations,
jack -ups and semi -submersibles.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
BALBOA PIER PILE REPAIR
PROJECT NO. 17H03
CONTRACT NO. 7746-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-13 BACKGROUND INFORMATION
2-13.1 Beach Topography
2-13.2 Oceanographic Conditions
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
2
2
2
2
2
2
2
3
3
3
3
3
3
4
4
4
4
5
5
5
5
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5
6-1.1 Construction Schedule 5
6-7 TIME OF COMPLETION 6
6-7.1 General 6
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7
6-9 LIQUIDATED DAMAGES 7
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7
7
7-1.2 Temporary Utility Services
8
7-2 LABOR
8
7-2.2 Prevailing Wages
8
7-3 INSURANCE
8
7-7 COOPERATION AND COLLATERAL WORK
8
7-8 WORK SITE MAINTENANCE
9
7-8.1 General. The Contractor shall be solely responsible for containing and collecting construction debris
and dust such that no construction debris, dust, wash down or cleanup sweeping shall reach the ocean.
9
7-8.4 Storage of Equipment and Materials
9
7-8.4.2 Storage in Public Streets and Parking Areas
9
7-8.6 Water Pollution Control
9
7-8.6.2 Best Management Practices (BMPs)
9
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
10
7-10 SAFETY
10
7-10.3 Haul Routes
11
7-10.4 Safety
11
7-10.4.1 Work Site Safety
11
7-10.5 Security and Protective Devices
11
7-10.5.3 Steel Plate Covers
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-2 LUMP SUM WORK
11
9-3 PAYMENT
11
9-3.1 General
11
9-3.2 Partial and Final Payment.
12
PART 2 - CONSTRUCTION MATERIALS 13
SECTION 205 - PILES
13
205-1 TIMBER PILES.
13
205-1.1 General
13
205-1.1.1 Physical Characteristics.
13
205-1.1.2 Classes and Sizes — Bearing Piles.
14
205-1.1.3 Preservative Treatment.
14
205-1.1.4 Pile Protection.
14
205-1.1.5 Pile Wrap.
14
SECTION 206 — MISCELLANEOUS METAL ITEMS
14
SECTION 210 PAINT AND PROTECTIVE COATINGS
15
210-3 GALVANIZING.
15
210-3.1 General.
15
210-3.5 Repair of Damaged Zinc Coatings.
15
SECTION 305 — PILE DRIVING AND TIMBER CONSTRUCTION
15
305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION
15
305-2.1 General.
15
305-2.2 Materials.
15
305-2.3 Workmanship.
16
305-2.7 Submittals.
16
305-2.8 Execution.
16
PART 6 - TEMPORARY TRAFFIC CONTROL 18
SECTION 600 - ACCESS 18
600-1 GENERAL 18
600-2 VEHICULAR ACCESS
600-3 PEDESTRIAN ACCESS
SECTION 601- WORK AREA TRAFFIC CONTROL
601-1 GENERAL
18
19
19
19
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
BALBOA PIER PILE REPLACEMENT
PROJECT NO. 17H03
CONTRACT NO. 7746-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. H -5273-S); (3) the City's
Design Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction, (2004 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction are available at the following website:
hftp://www. newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS. DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
Page 1 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess an
"A" license. At the start of work and until completion of work, the Contractor and all
Subcontractors shall possess a valid Business License issued by the City.
Due to the complexity of removing and constructing a damaged ocean pier pile, only
Contractors in the marine construction business for 10 years and experienced in the
construction of ocean pier piles are qualified to bid on and construct this project. To be
qualified to bid on and construct this project, the Contractor shall have
successfully constructed or rehabilitated ocean pier piles in the last five (5)
years. This prior ocean pier pile construction experience shall be listed within
the TECHNICAL ABILITY AND EXPERIENCE REFERENCES section of the
Contract Documents and submitted with the bid proposal.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of removing the
damaged timber pile stub embedded below the mudline, removing timber cross -braces
and a portion of the damaged pile cap and related hardware, installation of a new
timber pile and related hardware, installation of new timber braces and a portion of the
pile cap and related hardware, and performing all related work as required to complete
the contract work in accordance with the drawings and specifications.
2-13 BACKGROUND INFORMATION
2-13.1 Beach Topography
The Contractor is advised that beach sand at the project site is constantly shifting and
may exhibit seasonal changes in overall dry beach width and depth offshore. The most
recent beach elevations and offshore profiles are shown in the 2017 as -built drawings
produced by COWI Marine North America (COWI) for the City of Newport Beach. Work
Page 2 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 17H03)
is planned for fall months when reductions in beach width and elevation can occur. The
Contractor's superintendent shall be well -experienced in working under these
conditions.
2-13.2 Oceanographic Conditions
The Contractor is advised that the project site is located within a coastal zone that
experiences variable changes in wind, waves, water level, current and weather. The
Contractor is further advised that the project site is located within a coastal zone that
may experience higher wave heights due to offshore wave refraction and shoaling
effects. The work may be exposed to fall and winter storm wave attack. Portions of
the work specified herein may require that the Contractor schedule his activities during
times of most favorable tides. Lowest tides generally occur during the winter months
when storm probability and high tides are highest. Low tides do not always occur
during daylight hours.
The Contractor shall be aware of the hazards, risks and work conditions likely to arise
from weather variations and/or tidal variations and is advised to subscribe to a marine
weather and wave forecast service and consult tide tables published by the National
Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted
tide elevations due to wind, storms, atmospheric conditions, and other effects.
The bidder to whom this contract is awarded agrees by execution of the contract that
the Contractor neither has nor shall have any claim, demand, action or cause of action
against the City of Newport Beach, or any officer or employee thereof, on account of or
in respect to any actual Oceanographical conditions that are in variance with predicted
events.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Page 3 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup
for all overhead and profit:
1)
Labor ............................................
15
2)
Materials .......................................
15
3)
Equipment Rental ...........................
15
4)
Other Items and Expenditures ...........
15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the subcontracted actual cost (prior to any markups) may be added by the
Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48 -hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
Page 4 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, aluminum cover plate, meter box or any other
utility box or trench with lid is damaged by the Work and is not re -useable, the
Contractor shall provide and install a new replacement pull box, meter box or any other
utility box or trench with lid of identical type and size at no additional cost to the City.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
Page 5 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule
and has demonstrated the ability to maintain the schedule in the future. Such stoppages
of work shall in no way relieve the Contractor from the overall time of completion
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 10 consecutive
working days after the date on the Notice to Proceed. The Contractor shall ensure the
availability and delivery of all material prior to the start of work. Unavailability of
material will not be sufficient reason to grant the Contractor an extension of time.
Normal working hours are considered to be 7:30 a.m. to 5:30 p.m., Monday through
Friday.
Portions of the work specified herein may require that the Contractor schedule his
activities during times of most favorable tides. Any work to be done outside of the
designated work hours shall be reviewed and approved by the Engineer. A separate
request must be made for each work shift. The Engineer reserves the right to deny any
or all such requests. Additionally, the Contractor shall pay for supplemental inspection
costs of $146 per hour when such time periods are approved.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours, unless otherwise
approved by the Engineer.
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11'h (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
Page 6 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
11. December 26th thru 30th (City Office Closure)
12. December 31St (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a red -lined as -built plan set and
photos (printed and digital) of completed work to the Engineer. Retention payment and
bonds will not be released until the as -built plans are reviewed and approved by the
Engineer. A set of approved plans and specifications shall be on the job site at all
times. The Contractor shall maintain as -built drawings of all work as the job progresses.
A separate set of drawings shall be maintained for this purpose. These drawings shall
be up-to-date and reviewed by the Engineer at the time each progress payment is
submitted. Any changes to the approved plans that have been made with approval from
the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $1,000.00.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
Page 7 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 17H03)
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
r6��e1=Z�7:7
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of
ready -mixed concrete for public works contracts are subject to prevailing wages.
7-3 INSURANCE
7-3.5 Additional Insurance Requirements. In addition to the insurance
requirements specified in Section 7-3 of the Special Provisions, the Contractor shall
also maintain statutory coverage to protect him from claims related to and be in
compliance with the provisions of the Longshoremen's and Harbor Workers'
Compensation Act.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
Page 8 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
7-8 WORK SITE MAINTENANCE
7-8.1 General. The Contractor shall be solely responsible for containing and
collecting construction debris and dust such that no construction debris, dust, wash
down or cleanup sweeping shall reach the ocean.
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets and Parking Areas
Construction materials and equipment may only be stored in streets, roads, parking
lots, pier or sidewalk areas if approved by the Engineer in advance. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. A temporary staging area has been pre -approved for this purpose, as
shown on Sheet 2 of the Drawings. The Contractor shall obtain the Engineer's approval
of an alternative site for storage of equipment and materials prior to arranging for or
delivering equipment and materials to the site. Prior to move -in, the Contractor shall
take photos of the laydown area. The Contractor shall restore the laydown area to its
pre -construction condition. The Engineer may require new base, pavement or concrete
if the surface condition has been compromised during construction.
The Contractor will be solely responsible to fence storage areas prior to material
deliveries, and to safeguard equipment and materials 24 hours each day.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
Page 9 of 19
City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
BMP will result in immediate cleanup by City and back -charging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
In general, all vehicle loads shall not exceed 2.5 tons. Vehicles used on the piers shall
not exceed a gross weight of 10,000 pounds, nor shall an axle load exceed 8,000
pounds unless the vehicle/equipment is driven over timber mats or other means of
distributing equipment loads in a uniform manner. The Contractor shall place 4' x 8'
plywood sheets adjacent to the work area to eliminate staining and spillage of materials
on the existing concrete deck.
The contractor shall create a video recording of the work area on the pier prior to
mobilizing to conduct its work. The video tape will document existing conditions and be
used by the city to determine if the Contractor damaged the pier during the course of
construction. The Contractor will submit the preconstruction video survey to the city
before accessing the pier for construction.
The Contractor shall submit to the Engineer for prior approval a written plan, with
substantiating calculations, for distributing equipment loads over the pier. Any damage
done by the Contractor to the existing structures (rails, utilities, etc.) or concrete deck
shall be repaired at the Contractor's sole expense. In addition, the Contractor will only
be allowed to operate or park equipment on the piers which will be used that day.
Overnight equipment parking on the pier requires Engineer's prior approval.
The contractor is cautioned to be especially careful in any welding and cutting
operations to avoid fire in timber structures. The Contractor shall furnish and maintain
all safety devices and extinguishers. A fire watch shall be established whenever
welding or acetylene torches and other flame cutting devices are used. The fire watch
personnel shall have a dry chemical extinguisher ready for use.
The Contractor shall at all times keep the adjoining waters free from debris, scrap and
misplaced materials resulting from his operations. All vessels of any description shall
be removed from the site upon completion of each day's work.
The Contractor shall protect the existing concrete pier deck in place. If damaged,
minimum half -width sections of the concrete pier deck shall be replaced at no cost to
the City.
In addition, the Contractor shall also protect any donated/plaqued benches and the
landscaping and irrigation at the base of both piers
7-10 SAFETY
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 17H03)
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
The pier is used by fishermen and pedestrians, for lifeguard activities, and for vehicular
deliveries to the restaurant located at the end of the pier. The Contractor shall maintain
continuous access for such use.
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization. Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, producing a preconstruction video,
preparing and updating construction schedules as requested by the Engineer, attending
construction progress meetings as needed. It shall also include, but not be limed to,
preparatory work and operations for the movement of personnel, equipment, supplies
and incidentals to the project site and for all other work and operations that must be
performed or costs incurred prior to beginning work on the various contract items on the
project site. This bid item shall also include work to demobilize from the project site
including but not limited to site cleanup, removal of USA markings and providing any
required documentation as noted in these Special Provisions.
Item No. 2 Remove Damaged Pier Pile Stub. Work under this item shall include
the removal and disposal of the remainder of the damaged pier pile and all related
hardware, including the removal of any currently visible portion of the pile remaining
below the mud line, and all other work items as required to complete the work in place.
Item No. 3 Remove Damaged Pile Cap and Bracing. Work under this item shall
include the removal of the damaged portion of pile cap, and vertical and horizontal
bracing connecting to Bent 31, as required to complete the work in place.
Item No. 4 Install New 14 -Inch (min) Pier Pile treated with ACZA 2.5 ret. Work
under this item shall include the installation of a pre -wrapped, (minimum) 64 -foot long,
14 -inch diameter timber pile, pressure treated with Ammoniacal Copper Zinc Arsenate
(ACZA) to a retention of 2.5 pounds per cubic foot, including all related hardware, and all
other work items as required to complete the work in place.
Item No. 5 Install New Cap Beam, and Horizontal and Vertical Bracing, treated
with ACZA 2.5 ret. Work under this item shall include the installation of the 12x12 cap
beam to replace the damaged portion of cap on Bent 31, installation of (2) new 4x8
cross -braces, all pressure treated with Ammoniacal Copper Zinc Arsenate (ACZA) to a
retention of 2.5 pounds per cubic foot, including all galvanized steel hardware. This item
also includes temporary removal and re -installation of 6x8 horizontal bracing, including
all galvanized steel hardware, and all other work items as required to complete this
work in place.
Item No. 6 Provide As -Built Drawings. Work under this item shall include a
redlined set of Drawings submitted by the Contractor upon completion of the project.
The Drawings shall reflect all deviations from Contract Drawings made during
Construction and show the exact dimensions, geometry, and location of all elements of
the Work completed under the Contract. As -Built drawings shall be submitted to the
Engineer. An amount of $1,000.00 is determined for this bid item. The intent of this
pre-set amount is to emphasize to the Contractor the importance of As -Built drawings.
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 205 — PILES
205-1 TIMBER PILES.
205-1.1 General
All materials are to be new and shall be furnished by the Contractor in conformance
with the drawings and as specified herein. Certifications of compliance for pressure
treatment, piles shall be pressure treated with Ammoniacal Copper Zinc Arsenate
(ACZA) to a retention of 2.50 pounds per cubic foot and inspected in accordance with
the latest AWPA standards for a UC513 use -category system. All pilings under these
specifications shall be Pacific Coast Douglas Fir piles for Marine use and shall be in
conformance with these specifications and with ASTM D-25. The contractor shall have
the piling delivered and unloaded at the Balboa Pier. The piling shall have proper tags
and documentation attached. The pile shall be covered with pile covers prior to driving
as shown on the drawings and as specified herein. All piles shall have 4 steel bands
applied after being treated. The bands shall be in 1 % inch wide 0.31 inch thick cold-
rolled steel, fully heat treated, painted and waxed. The strap shall be located at 24
inches, 18 inches and 12 inches from the butt end and 12 inches from the tip end.
The Contractor shall remove the lower portion of the damaged existing pile, which
presumably cracked at the mudline. Jetting should be used to free the pile prior to
removal, without overloading the pier structure. The new pile may be placed in the void
created in the soil by the extracted pile and shall be jetted or driven to the location and
depth shown on the Drawings. During installation, the new pile shall be carefully
repositioned to its final location under the cap beam. Piles cracked during installation
shall be removed and replaced by the Contractor at their sole expense.
205-1.1.1 Physical Characteristics.
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
Manufacture. Piles shall be clean peeled, using a machine peeler. All inner and
outer bark shall be removed; care shall be exercised to see that the sapwood is not cut
through or removed in the process of peeling. Butts and tips shall be sawed square with
the axis of the pile. All knots and limbs shall be trimmed or smoothly cut flush with the
surface of the pile, except that knots may be hand trimmed flush with the surface of the
swell surrounding the knot.
Insofar as practicable, all edging, boring, chamfering, gaining, trimming, etc. shall be done
prior to treatment.
205-1.1.2 Classes and Sizes — Bearing Piles.
For bearing piles, the minimum circumference of piles after peeling shall be 43 inches,
measured 3 feet from the butt. In piles not having a circular cross-section, the longer
diameter shall be not more than 1.2 times the shorter diameter. The minimum tip
diameter shall be 10 inches.
The minimum length of the bearing piles to be furnished and installed shall be 64 -feet.
205-1.1.3 Preservative Treatment.
Contractor shall furnish new, round Pacific Coast Douglas Fir timber piles for Marine use
conforming to ASTM D-25. Certifications of compliance for pressure treatment, with
minimum retention of 2.5 pounds per cubic foot of Ammoniacal Copper Zinc Arsenate
(ACZA) shall be submitted for approval prior to acceptance of piling. The piling shall have
proper tags and documentation attached. The pile shall be covered with pile wraps prior
to driving as shown on the drawings and as specified herein.
205-1.1.4 Pile Protection.
The Contractor shall clean and prepare the timber pile cap for the use of Fox Industries
FX -70 Pile Protection System. The Contractor shall use Fox Industries Trowel -Grade
Epoxy Grout FX -763 to fill cracks and splits in the pile cap per Fox Industries written
Instructions.
205-1.1.5 Pile Wrap.
Inner pile wrap shall be 20 mil Polyethylene containing no reprocessed resin. Outer
wrap shall be Seashield Series 160 HDPE (150 mil or greater) as manufactured by
DENSO North America or Engineer approved equal. Pile wrap shall be attached with
minimum 20 penny stainless steel nails and stainless steel washers as approved by the
Engineer. Pile shall be wrapped to a minimum of 3 -feet below the mudline and
approximately 8 -feet above the M.L.L.W. Datum, approximately 33 -feet in continuous
length.
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 17H03)
SECTION 206 — MISCELLANEOUS METAL ITEMS
All items of hardware such as steel plates, shapes, shim plates, bolts, chain guides,
threaded rods, lag screws, nuts, washers, screws, nails, spikes, timber connectors and
fasteners shall be furnished and installed as required, unless otherwise noted on the
plans. Nails shall be common wire nails, unless noted otherwise. Bolts, nuts and
washers shall be hot -dip galvanized in accordance with ASTM A-153. Nuts and bolts
shall be threaded before galvanizing. Malleable iron washers shall be used wherever
bolt heads or nuts bear upon wood or plastic. Malleable iron washers and nuts shall
conform to ASTM A-47. All work shall be galvanized after fabrication and furnished and
installed as required."
SECTION 210 PAINT AND PROTECTIVE COATINGS
210-3 GALVANIZING.
210-3.1 General.
All fabricated metal items, plate, angle, brackets, clips, bolts, nuts, washers, and
miscellaneous hardware shall be hot -dip galvanized in conformance with Section 210-3
unless noted otherwise on the Plans. All galvanizing shall be done after fabrication.
210-3.5 Repair of Damaged Zinc Coatings.
All damaged galvanizing shall be treated in accordance with this section of the Standard
Specifications. Hardware shall be galvanized after cutting, forming, bending, welding or
after being damaged.
SECTION 305 — PILE DRIVING AND TIMBER CONSTRUCTION
305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION
305-2.1 General.
Timber construction consists of furnishing supervision, labor, materials, transportation,
equipment and incidentals necessary for installing, and replacing missing or damaged
cross bracing and horizontal bracing; drilling holes; fabricating metal items for
connection of associated timber work to existing and new cross bracing and horizontal
bracing as may be directed by the Engineer. Bolts, anchors, straps and similar items
which are not specifically called for under this Specification, but which are needed for
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 17H03)
the installation of various parts of the work, shall be provided and installed by the
Contractor.
305-2.2 Materials.
Unless noted otherwise on the Plans, all new and replacement timber and lumber
material for cross bracing and horizontal bracing shall be rough size Pacific Coast
Douglas Fir, Number 1 or better. All timber and lumber shall be pressure treated with
Ammoniacal Copper Zinc Arsenate (ACZA) to a retention of 2.50 pounds per cubic foot
and inspected in accordance with the latest AWPA standards for a UC5B use -category
system. For all hardware, unless otherwise noted on the plans:
A. Bolt replacements shall be 1" diameter with nuts and lock washers unless
otherwise indicated.
B. Structural plate and shapes shall conform to Section 206.
305-2.3 Workmanship.
Any existing materials or members not shown to be removed or replaced that are
damaged during the construction shall be replaced with new materials to match the
existing. Lumber shall be connected and fastened as indicated on the plans. Members
to be bolted shall be predrilled no more than 1/8 -inch larger than the bolt diameter.
Splices shall be staggered.
Drilling and cutting of lumber in field shall be minimized, as it exposes untreated wood.
Handling and care of pressure treated wood shall conform to the requirements of the
latest AWPA Standard Instructions for the Care of Pressure Treated Wood. All
necessary cuts, bolt holes, etc., in piling or lumber, existing or new, shall be swabbed
thoroughly with two coats of copper napthanate. Contractor shall remove laitance,
grease, oil, rust, and other bond inhibiting materials from cracks, splits and crevices in
the pier's structural elements by wire brush, sand blasting or water jet prior to epoxy
application.
305-2.7 Submittals.
A. Supply Certificates of materials compliance for all timber and lumber.
B. Furnish the Engineer, one week prior to doing any timber work, with certificates of
wood preservative treatment for approval. The written certifications and plant
inspection analysis reports shall conform to the requirements the latest AWPA
Standards. Any timber delivered to the job site that does not meet the minimum
requirements of net retention and/ or penetration of preservative shall be rejected
by the Engineer. Rejected material shall be immediately hauled away by the
Contractor at his own expense.
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
305-2.8 Execution.
A. Protection of Piles
Care shall be taken to avoid damage to the piles when placing them in the leads
and during the driving operations. Piles shall be laterally supported during jetting
and driving, but shall not be unduly restrained from rotation in the leads. Special
care shall be taken in supporting battered piles to prevent excess bending stresses
in the piles.
B. Driving Helmets and Cushion Blocks
A driving helmet or cap including a cushion block or cap block of approved design
shall be used between the top of the pile and the ram to prevent impact damage to
the pile. The driving helmet or cap shall fit snugly on the top of the pile so that the
energy transmitted to the pile is uniformly distributed over the entire surface of the
pile head. The cushion block may be a solid hard- wood block with the grain
parallel to the pile axis and enclosed in a close- fitting steel housing. The cushion
block shall be re- placed if it has been damaged, split, highly compressed, charred
or burned, or has become spongy or deteriorated in any manner. Under no
circumstances will the use of small wood blocks, wood chips, rope or other
material permitting excessive loss of hammer energy be permitted.
C. Orientation of Piles
The Contractor shall remove the existing pile to be replaced. In the event that the
Engineer deems such removal impossible, the Contractor shall cut off and remove
the existing pile at 1 -foot minimum below the sand line. The replacement pile shall
then be placed adjacent to the remainder of the existing pile and driven
immediately adjacent to the former pile's position along the pile cap. Pile
orientation is critical; therefore, special care shall be given to maintain proper
orientation during jetting and driving.
D. Driving Piles
Piles shall be driven as close as possible in the position shown on the plans. The
maximum allowable tolerance for deviation from the plans location shall be two
(2) inches perpendicular to bents and six (6) inches parallel to bents. Minimum
driven penetration of piles below jetted penetration or pre - drilled hole bottoms
shall be 3 feet. The pile hammer shall develop a striking force of at least 15,000
ft.-Ibs. and a maximum of 20,000 ft. -lbs without injuring the pile. The Contractor
shall take every precaution against breaking or damaging the piles. During driving
operations, any piles that are broken, damaged, or that do not meet driving
tolerance shall be pulled and replaced by the Contractor at his sole expense.
E. Fittings
Piles shall be cut off in a smooth horizontal cut at the bottom of pile cap elevation.
The piles shall then be treated across the cut, fitted with a 16 -gauge galvanized
disk and forced under the pile cap. The pile shall then be shimmed to maximum
bearing under the pile cap with treated shims, and secured with drift pins and
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 17H03)
bolted straps. Shims shall be treated with Ammoniacal Copper Zinc Arsenate
(ACZA) and shall be of a size that will assure a driving fit; lag bolt shims in place.
F. Pre -drill pilot holes with a bit 1/16 inch less diameter than the diameter of the nail
for all nails larger than 16d. Nail without splitting wood.
G.. Drill straight and true from one side only.
H. Do not bear bolt threads on wood, but use malleable iron washers under head and
nut where both bear on wood, and use malleable iron washers under all nuts.
Waffle washers shall be used on pile connections.
I. For stinger, pile cap, pile, and other treated wood members which have ends cut
off or holes drilled, the cut surface or the hole shall be thoroughly cleaned and
treated per the latest AWPA Standards.
J. Pour bolt holes full of preservative prior to installing bolts.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 — ACCESS
600-1 GENERAL
Ten (10) working days prior to starting work, the Contractor shall distribute construction
notices to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notices.
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents a second written notice prepared by the City clearly indicating specific
dates in the space provided on the notices when construction operations will start for
each block or street. An interruption of work at any location in excess of 14 calendar
days shall require re -notification. The Contractor shall insert the applicable dates and
times at the time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
The Contractor shall install and maintain signage, as approved by the Engineer,
indicating that Ruby's will remain open during construction.
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City of Newport Beach
Balboa Pier Pile Repair (Project No. 171-103)
600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at
the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
600-3 PEDESTRIAN ACCESS
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, and any other measures deemed necessary by the Engineer to safely direct
the public around areas of construction, and into and out of the affected
establishments.
The Contractor shall accommodate the City's trash collection and deliveries to Ruby's
restaurant on the pier. If necessary, it shall be the Contractor's responsibility to make
alternative trash collection arrangements by contacting the City's Refuse
Superintendent, at (949) 718-3466 and all affected property owners.
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