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HomeMy WebLinkAboutC-8197-1 - Central Avenue Public Dock ProjectOctober 24, 2018 Associated Pacific Constructors, Inc. Attn: Paul Gillen 495 Embarcadero Morro Bay, CA 93442 Subject: 4VcKL).0PA (((- 1NoCIC. . C-8197-1 Dear Mr. Gillen: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAX newportbeachca.gov On October 24, 2017, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 26, 2017 Reference No. 2017000454885. The Surety for the contract is Western Surety Company and the bond number is 30009344. Enclosed is the Faithful Performance Bond. Sincerely, 9k A.N4�' Leilani I. Brown, MMC City Clerk Enclosure remium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30009344 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,342.00 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to * hereinafter designated as the "Principal," a contract for construction and related services required by the Contract Documents, including all labor, material, equipment, and supervision as required for preparing shop drawings; obtaining the required permits; constructing the contract -specified marina dock system, piles and accessories, appurtenances, and all other items to complete the work prescribed in these Contract Documents, 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. *Associated Pacific Constructors, Inc. 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 and the California Department of Parks and Recreation, Division of Boating and Waterways ("DBAW"), in the sum of Two Hundred Thirty Two Thousand One Hundred Dollars and 00/100 ($232,100.00) 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 and DBAW, 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, orfails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, and the DBAW, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City and DBAW, Associated Pacific Constructors, Inc. Page B-1 only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 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 10th day of May 2017 Associated Pacific Constructors, Inc. Name of Contractor (Principal) UAy(horized Signat re itle / 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:5-115 !-7 By: Aaron C. Harp 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 B-2 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��1G�156- 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, "'Please See Attached" 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. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE N.:tt". c • � .T .+.�< n at!w uK.0 "rn »2.n t". a2.a i�t�i / 3. 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 05/10/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NamaKof Signals) who proved to me on the basis of satisfactory evidence to be the persons) whose name(* is/sW subscribed to the within instrument and acknowledged to me that 1W/she/th4ay executed the same in I ia/her/t1wir authorized capaclty, laQ, and that by hWherAtteir signaturej* on the instrument the personK or the entity upon behalf of which the person(Q acted, executed the instrument. R. PARAMO Commission # 2035880 _ : + Notary Public - California i = Orange County 4 Comm. Ez ires Aua 5, 2017 ! Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of is that the foregoing paragraph is true and "correct. WITNESS my han official ea. Sig 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: Perfommce Bond No. 30009344 Document Date: Number of Pages: Three(3) Signers) Other Than Named Above: Cali 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 Company 05/10/2017 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Prtuats, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized end 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 Beehara, Margaret Gilmore, Rebecca Baas -Bakes, Individually Of Irvine. CA, its true and lawful Attomey(s)•in-Fact with full power and authority hereby conferred to sign, seal and execute for end on its behalf bads, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent ex if such inshumrnts were signed by a duly authorized offtcor of the wrporation and all the acts of mid Attorney, puryamt to the authority hereby given, aro hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the revere hereof, duly adopted, as indicated, by the shareholders of the corpomtion. In Wltnns Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and Its corporate seal to be herao affixed on this 91h day of lune, 2015. ,�° WESTERN SURETY iCOMPANY QlA� T�✓�/ MLL� tel T. Brufiat, Vice President State of South Dakota County ofMinnehaha I as On this 91h day of lune, 2015, before me perwrelly come Paul T. BmBat, to me known, who, being by me duty swum, did depose and say: that he resides in the City of Sion: Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above iashumem; that he knows the seal of said corporation; that the seal affixed to the said imtrumeat is such corporate seal; that it was so affixod 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 sem° to be the act and doed of said corporation. My commission expires ,. ETCH S nMMNgM.yNy.ww..� j . February 12, 2021 14-v'lNA4, FUKXst 0.0 r 60Ul(QG1 {{ CERTIFICATE S. Eich, Notary Public 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 hereunto subscribod my name and affixed the seal of the said corporation this 10th day of May 2017 a WESTERN SURETY COMPANY cr 2& � Form F42M7.2012 If L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE CY.�t a�..�<.at �� ar<.r.�cc�. �<..�i./'.�i.i�•_�t/:�•. .at�s�L/�.�t �U� .a�•s�<.:�s�i vat a•.at �tcCsw�cwavcX r..at3:lstac2t�i�t. A notary public or other officer completing this certificate vedfies 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 SGvLr /1-a 4, Is /6'rA"00 On / 2t1/ % before me, v �� c� �u qwf�� /l/a�✓�/ �fj/ec Date In Hera Insert Name and Title of the Officer personally appeared 6�'- G. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s{-is/aces subscribed to the within instrument and acknowledged to me that he/she/tw executed the same in his/bsNttaerr authorized capacity(ifiaj, and that by his/her/tbeir-signature(s) on the instrument the person(s , or the entity upon behalf of which the persoriK acted, executed the instrument. ROBIN J. LUDMG Commission # 2126739 Notary Public - California San Luis Obispo County M Comm. Es fres Se 14, 2019+ 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. Signature2dff--_ w 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 Docygnegt�� Title or Type of Document: 4/ a'►• -v(' Document Date: �O/7 Number of Pages.!Lk✓i05);igner(s) Other Than Named Above Capacity(ies) Clpiby S' Signer's Signer's Name: GW c /e✓ rld;:Borporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual l I Attorney in Fact ❑ Trustee is Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited L I General L I Individual I I Attorney in Fact E I Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ,c�,�.:Uv .•.c�:c:� .�..�<cmc.�.c.•.ti'�.�.«.5<c�a�.c�s<,-�c-y«�a��as.<c .vc�<.vs" U9011111210MffsMi, P • • • • - • • irk . i�f i •� January 2, 2018 Associated Pacific Constructors, Inc. Attn: Paul Gillen 495 Embarcadero Morro Bay, CA 93442 Subject: Central Avenue Public Dock C-8197-1 Dear Mr. Gillen: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov On October 24, 2017 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 26, 2017, Reference No. 2017000454885. The Surety for the bond is Western Surety Company and the bond number is 30009344. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani�I. Brown, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 30009344 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 construction and related services required by the Contract Documents, including all labor, material, equipment, and supervision as required for preparing shop drawings; obtaining the required permits; constructing the contract - specified marina dock system, piles and accessories, appurtenances, and all other items to complete the work prescribed in these Contract Documents, 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 fumishing 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 Califomia, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach and the California Department of Parks and Recreation, Division of Boating and Waterways ("DBAW") in the sum of Two Hundred Thirty Two Thousand One Hundred Dollars and 00/100 ($232,100.00) 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 and DBAW 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. Associated Pacific Constructors, Inc. Page A-1 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 et seg. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 10th day of May 2017 Associated Pacific Constructors, Inc. S Name of Contractor (Principal) A orized SignatAfrijl:e:� 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:_ Aaron C. Harp H^^^l City Attorney ��._ _ • „�� ..cam.:,' Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individjis who signed the document to which this certifica attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, X �' er L 5Y Xnt#g % 0' 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, 'Please See Attached" 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. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENY CIVIL CODE § 1189 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 05/10/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Nam Kof Signer(sJ who proved to me on the basis of satisfactory evidence to be the persons) whose name(. is/are subscribed to the within instrument and acknowledged to me that'he/shefthey executed the same in his/herAtwir authorized capacityjit5Q, and that by his(her/thejr signatureN on the instrument the personK or the entity upon behalf of which the persons) acted, executed the instrument. R. PARAMO Commission # 2035890 Z; Notary Public - California i Orange County ' M Comm. Ex Tres Aug5 2017' Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State a is that the foregoing paragraph is tru orr cI. 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. 30009344 - Document Date: 05/10/2017 Number of Pages: Three(3) Signers) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): Q Partner — ❑ Limited ❑ General ❑ Individual WAttorney 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: __ Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AB 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 Fags, and State of South Dakota, and that it does by vimre of the sigmture and seal herein of fIxed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, Margaret Gilmore, Rebecca Haas -Bates, Individually of Wine, CA, Its nue and lawful Attomey(s)-in-Fact with full power and authority hereby confe ed to sign, seal and execute for and on its behalf bonds, undeakingsand other obligatory instruments of similuneuue - In Unlimited Amounts - and to bind it thereby a fully and to the same extent as if such insWments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, aro hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Taw primed 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. q,ary WESTERN SURETY COMPANY aul T. Bmflat, Vice President State of South Dalaum 1 County of Mmnehaha JT 0 On this 9th day of lune, 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 be is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he (mows 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 ea and deed of said corporation. My commission expires �•w....•+••...ww•.•....t SS S. ETCH February 12, 2021 IA1Ra2GB" PWLICyP\ r BOVi11 OtaKOd CERTIFICATE S. Eich, Notary Public 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 funkiercwtify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my some and affixed the seal of the said corporation this 10th day of Ala), , 2017 0E.9!4DDI WESTERN SURETY COMPANY z�� Form 1`12804-2012 L Nelson, Assistant Secrwa 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 Calif rnia County ok54ii1 4 -it S VGtje6 ) / On s�/3 Z.ij 'J before me, U ah44W�/crlaj �� o� Dae J u 'r* Here Inser/t N me an Title of the O icer personally appeared Aw 4 6- `7� Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(arwhose name( is/ subscribed to the within instrument and acknowledged to me that he/shc�aeq executed thee in his/her/tpeir authorized capacity(io and that by his/herl.aeir signature(*j'on the instrument the persons) or the entity upon behalf of which the personkWacted, executed the instrument. ROBIN J. LUDWIG Commission # 2126739 Z . Notary Public - California i Z San Luis Obispo County > Comm. Expires Se 14, 2019 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 Docupqent Title or Type of Document: l /OJy+ �/ Document Date: Number of Pages%)vtee r7 Sign r(s) Other Than Named Above: Capacity(ies) ClaimAd by Sig r(s /�� Signer's Name: z Signer's Name: 1ig''Corporate Officer — Title(s): rejje/r L ]Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — C7 Limited ❑ General ❑ Individual f I Attorney in Fact E I Individual Attorney in Fact ❑ Trustee 1.1 Guardian or Conservator Cl Trustee Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: :.�.=.a-.«.<cy<:y«.«-.��. ,c�.c� <:�<o••..-.<:<.<�.<` .c -.cam: y, • • • • • • • . :11 • -800-876-6 •1 Document -4215510 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II RII1111111111111111111111111111111111111IIIII11111If1111111111111 NO FEE +$ R 0 0 0 9 6 5 7 6 9 5 $ � 2017000454885 8:19 am 10126117 47 NC -5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF (COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Associated Pacific Constructors, Inc., Morro Bay, California, as Contractor, entered into a Contract on April 11, 2017, Said Contract set forth certain improvements, as follows: Central Avenue Public Dock - C-8197-1 Work on said Contract was completed, and was found to be acceptable on October 24. 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I / ( ��tl �/� 2UI7 at Newport Beach, California. T—rte BY about:blank 10/26/2017 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Associated Pacific Constructors, Inc., Morro Bay, California, as Contractor, entered into a Contract on April 11, 2017. Said Contract set forth certain improvements, as follows: Central Avenue Public Dock - C-8197-1 Work on said Contract was completed, and was found to be acceptable on October 24, 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. L37 Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ��Y �/`7 at Newport Beach, California. M CITY CLE +K CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 22nd day of March, 2017, at which time such bids shall be opened and read for CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 $ 230,000.00 Engineer's Estimate Approv d by ark Vukojevic City Engineer VOLUNTARY PRE-BID JOB WALK WHEN: March 14, 2017 at 10:00 a.m. WHERE: Project Site (Parking at 3458 Via Oporto) Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print 2372 Morse Avenue, Irvine, CA 92614 949-756-1001 Contractor License Classification(s) required for this project: "A" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONSTO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT...................................................................................................................... LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 INSTRUCTIONS TO BIDDERS 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 to be delivered to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info 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 (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 cashiers 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. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original Copies shall be delivered to the City Clerk's Office Prior to Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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. The signature below represents that the above has been revie e �Iffd -.4 cwt Contractor's License No. & Classification Au orized Signattur title `x7ale�`� /00000/Z// 6�u�7 DIR Reference Number & Expiration Date Bidder 4 I Zzd/7 Date City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 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 Bid Amount ----- 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 MASTER FORMAL CONTRACT, Contract No. 8197-1 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 16th day of March 2017. Associated Pacific Constructors, Inc. a � a&, Name of Contractor (Principal) Authorize �� aturpsitle Western Surety Company Name of Surety 1000 Wilshire Blvd., Suite 1800, 18th Floor Los Angeles, CA 90017 Address of Surety (213)452-5961 Telephone Rebecca Haas -Bates, Attorney -in -Fact _ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) "Please See Attached" ACKNOWLEDGMENT ............................................................................... State of California County of On Public, personally appeared ss. before me, Notary 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 3u ............................................................................... 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 W itness(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 11 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 Califomia ) County of Orange ) On 03/16/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameW,of SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose name(4 is/ace subscribed to the within instrument and acknowledged to me that he/she/theft executed the same in Ns/her/tNe r authorized capacity(*, and that by hWher/fhair signatur$ on the instrument the person(* or the entity upon behalf of which the person(ig acted, executed the instrument. R. PARANIO Commission N 2035890 IL X9"t Notary Public - California i Orange County NlComm.-Expires Aug5, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true an or 1TNTS S� �r�d and offic e�L� 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 Document Date: 03/16/2017 Number of Pages: Two(2) 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 IRAttorney 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: y<� o740MILIFIlro .. . . g:sr • ry as 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 aduly 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 we and lawful Ahomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undettakingsand otherobligetoryinaruaemsof similarnamre - 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 oerpomtion and all the sets of said Attorney, pursuant to the authority hereby given, 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 Preeidml and its corporate seal to be hereto affixed on this 9th day of June, 2015. WESTERN SURETY COMPANY e 9� cul T. Bmflat, Vice President State of South Dakota County of Minnehaha I ss On this 9th day of June, 2015, before me personally came Paul T. Btuffat, to me known, who, being by me duly swom, did depose and say: 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 exmuted the above 4 mrment; 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 deed of said corporation. My commission expires S. EIC1t February 12, 2021 Nuaw rOaUCP:!x, r 60UTN Wl00TA�JI 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 rev,xse hereof is still in force. In testimony whereof I have heratntn subscribed my nems and affixed the seal of the said corporation this. I bth _ day of. NfaTCh 20 t 7 WESTERN SURETY COMPANY ter. nv �e� 3. :� �ll1l Fan, F42g0.7.2012 L Nelson, Assistant Secretary 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 t-7 ZO4J/ / On 3/z� �% before me, �IJk&, I � Cl✓/GJz xl/7Y1✓zl�/t/hh' Date Here Insert Name an Itle of the Officer personally appeared AL I 05 �6,llY,, i NameX of Signerf(4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/$6rLAPrey executed the same in his/l r/their authorized capacity(ies), and that by his/her/tbeir signature() on the instrument the person($), 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. _ ROBIN J. LUDWIG WITNESS my hand and official seal. Commission M 2126739 Notary Public - California i ' San Luis Obispo County Signature 'Lv Comm. Expires Se — 2019 Signature of Notary Public Though Place Notary Seal Above OPTIONAL 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 Documen ,0,�� Title or Type of Document: V� 0"°""' Document Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Cla- ed hySIgrr}}eer Signer's Name: ✓ - ( r ,1R16orporate Officer — Title(s): •tn ❑ Partner — ❑ Limited ❑ General ❑ Individual I Attorney in Fact ❑ Trustee I Guardian or Conservator ❑ Other: Signer Is Representing: Date: ' � 6117 Signer's Name: I Corporate Officer — Title(s): _ I. I Partner — Limited General 1 I Individual Attorney in Fact ❑ Trustee Guardian or Conservator F Other: Signer Is Representing: GV•L. �✓<(LGV '✓ i/ti4'✓4\'✓ vG(✓' �✓<4NG'''/G'✓ +/4'✓✓4'✓GL.4"✓ u<``✓G"✓G W; /G'✓• ✓tiPv✓4' dG'✓G'<ii��'+�4' 0 1 • • • • • • • • :11 • ✓:11 • •: •1 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: \ DIR Reference: I Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address Bidder Authorized Signatu /Ti e 8 ��/ E G�//,, Pry.'/e'/' City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. N�C• FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number llG !r Project Description Approximate Construction Dates: From / 10/' Agency Name �er Y D/L /✓lWA Contact Person ee -21-146o,— 117.01 .04.__44 Telephone Fyn Original Contract Amount $0/40—Final Contract Amount $ �6—zg 3 ifr If final amount is different from original, please explain (change orders, extra work, etc.) ve 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. E No. 2 -7- / ©` / / /� / Project Name/Number / r v -Z �iST i( ',4, i11744d / ��'1�/ecf /Cis. v OlG 6-e.o14- ^e, ,�raw-Gve-5, Project Description !oy</ ra-h '--xe/f Approximate Construction Dates: From /Z Zd /`1 To: Agency Name DY f" GY Y! M//J lr;?V/>DY Contact Person Loe'41�/��/Z// Telephone (S� Original Contract Amount $323 y`I Final Contract Amount $ AZ.s9tZ4 If final amount is different from original, please explain (change orders, extra work, etc.) 21Wite✓ 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 /J Project Name/Number ti p L kel UcuS z/.e/ # 3ZG1�G6 Project Description Approximate Construction Dates: From Zo/�/ To: /11%ZUr$- Agency Name 4# k 0(V/J Aiie lfo Contact Person _le/G/, ;?,OPek-/ Telephone Or) %J/ -.x222 /i loo, -77 3 Original Contract Amount $ Final Contract Amount $ /4 (�5%le 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. iu No. 4 Project Name/Number Project Description Approximate Construc Agency Name Contact Person 1C14✓ Telephone (yyPsj 6 `IY 33/�1 Original Contract Amount $070" Final Contract Amount $371 5-+/S 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. M No. 5 Project Name/Number Project Description &euCA ,I p,' Approximate Construction /Dates: Froom 9 A'O To: CN►'Y� ti Agency Name !/Ni��lr/ �S C2� (ltaC�7y e3y6t rev r�Uri�!?cS%VJlG7/CI�i �i�. Contact Person 0/C�Je-�//✓� Telephone 9?o% l0 �'� 39�-g� Original Contract Amount $� Final Contract Amount $ 7',8 If final amount is different from original, please explain (change orders, extra work, etc.) /�tirl�JLC� crUDzelL A-) epv/ie,-� 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. 6 Project Name/Number �TGI/CJG✓ /L✓ Project Description A�l40AZ'dFg ;14'y- ui(f Approximate Construction Dates: From / To: %ZL �/- Agency Name ice_ 71er1JAjAV_ XtDu Contact Person TelephoneW do ` 0-f .330-1 Original Contract Amount $1�/,y�%Final Contract Amount$ 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. 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 theAontractor's current financial conditions. Bidder 12 l/'i j/<ltL� City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 NON -COLLUSION AFFIDAVIT State of California ) /� ) ss County ofxt 4 be first duly syvoJJ� duos aV sa s that he or she is edit of 0a4;4r7 4N P�uhc t�•-K.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 California t e foregoing is true and correct. s >f 04cs Bidder Authorized Signature/Titlee. e.� AtOltct Subscribed and sworn to (or affirmed) before me on this Z6-aday of /44�rcA 2017 by PCGyl E, llrk proved to me on the basis of satisfactory evidence to be the person(;4 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. OZ I Nota Public ROBIN J. LUDWIO rY Commission M 2126739 [SEAL] _ • Notary Public - californlo San Luis Obispo countyMy Commission Expires: My Comm Expires Sep 14, 2019+ 491 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 DESIGNATION OF SURETIES Bidder's name A50L/!-c1ef1 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): uni ,r;✓SuY��C� kid kat - C e n %JIGlGOI.Ad sgg--161// �i �d1enn1u x 11W)OP✓A4 !� Iu hM-4 �I� /✓n'A S/i •�-/.��i Gtr// ��t r) 3 7'l-�2 YrltC�erf� ,OtJr+e/S 14 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOS/AL Bidder's Nameg�-6 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts S Total dollar Amount of Contracts (in Thousands of $) t %D 5-jtlaa, q1146 SyS7 No. of fatalities No. of lost Workday Cases nS �f No. of lost workday cases involving permanent transfer to another job or termination of .4 employment 5� 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. 15 Legal Business Name of Bidder Seojaw a2uCr� LssrJ��</�'+,iall. Business Address: S ,(fir<a B.ra d✓yh 451v Business Tel. No.: 51% 17 State Contractor's License No. and Classification: Title t✓� �l<r�n The above information was compiled from the records that are vailable to me at this time and 1 declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title 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 W 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 Californiaif�C. �[ ) Countyoi`44i �S lye) ) On 3 before me, DaeHere Insert Name and Title of the Officer personally appeared �� r Ar;; Name(s) of Signer(* who proved to me on the basis of satisfactory evidence to be the person(s) whose nameA is/pA subscribed to the within instrument and acknowledged to me that he/sW/tf)dy executed the same in his/Xr/t,Wr authorized capacity(iao, and that by hislIWItWr signature,(S) on the instrument the persona, or the entity upon behalf of which the person(s) acted, executed the instrument. ------------------- _ ROBIN J. LUDWIG Commission M 2126739 Notary Public - California i San Luis Obispo County M Comm. Ex ires Se 14, 2019 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 G%�—G�Lr- `G i`✓GY�- �7 1 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 Dy n Title or Type of Document: Co�'iav��-r, Document Number of Pages: F�Signer(s) Other Than Named Above: Capacity(ies) Clai ed by Si er( Signer's Name: by Worporate Officer — Title(s): ElPartner — -1Limited 11General ❑ Individual Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Date: 31VIU17 Signer's Name: CI Corporate Officer — Title(s): _ Partner — I I Limited f General 1 Individual I Attorney in Fact CJ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Lim •✓i�✓'`, v<'vG"/ice vG�✓5`,G'vvG(`JG' vG'vs� vSC✓L, •✓G�.G v<'v� v«`✓GLLi'vi'dv<'vG'v v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE <_at!3vaL/awa .a . aC/c�•.aCaLa .a2favaLa , aG/c�� a a .ro.a�.avaLaLava .aL.a........... .oL/11 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 Callf&rnia ) County of N1,✓/.S &1 5 40 ) On.9ZO / % before me, d KJt ✓1 J. 1 G( u✓�G/, /V9i/ Date Here Insert Name and Titlrs of the personally appeared Name(g) of Signerf4 who proved to me on the basis of satisfactory evidence to be the personfo whose name(s) is/ao subscribed to the within instrument and acknowledged to me that he/"/they executed the same in his/Iter/thpit authorized capacity(ipos), and that by his/W/tttEir signatureta) 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 RDB- J. LUDWIG is true and correct. Commission #r 2126739 = WITNESS my hand and official seal. i , -r Notary Public - CaliforMa Z Z ' San Luis Obispo County Ate/"+ b� ��' 7 M Comm. Ex fires Se 14, 2019+ e Signatur 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 Doc epI / ' ,. / nn 2 Title or Type of Document: �'7'aclm'� )&I've/ Document Date: Number of Pages:� Signer(s) Other Than Named Above: Capacity(les) Clai d by ig Signer's Name:.01"✓ 2! Corporate Officer — Title(s): dMKMSr eP- ❑ Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee i I Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: CI Corporate Officer — Title(s): _ 1 Partner — I i Limited I I General ❑ Individual I Attorney in Fact i -I Trustee Guardian or Conservator Other: Signer Is Representing: i:\.:'✓ v�4'✓SL.t�.%�:::'Vi�✓iV4'L' Lj`L�.' VR'vfL✓..'✓SL✓.�:.:L.4�.:'✓ v<V<V��!/i^y<. ✓S<✓i City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name fT� UCc f��/ �C�Nf�G !itJi von; Z�r- The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received 3 zo 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT F i /r-osO� Central Avenue Public Dock CONTRACT NO. 8997-1 DATE: TO: ALL PLANHOLDERS B Public Works Director The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. QUESTIONS AND ANSWERS FROM PLAN HOLDERS 1. Page 1 of Special Provisions states that all work necessary for the completion of this project is subject to the City's Standard Specifications for Public Works Construction — The sample contract specifies the current adopted (2004) edition and all supplements whereas the Special Provisions specify the 2009 edition. Please clarify which edition is required. City Response (CR): These are different documents 2004 are City Standard Plans and 2009 is the "Greenbook". 2. The indemnification is broad in form (i.e. not limited to the extent of the contractor's negligence, not limited to third party claims, not limited to bodily injury and property damage, and includes the obligation to defend). There is no mechanism built into the indemnity language for recouping legal expenses where the contractor is forced to defend but not found at fault. While reasonable to expect the Contractor to indemnify the City for causes due to the Contractor's own negligence, the indemnity language included is outside industry norms as evidenced by standard contracts issued by the American Institute of Architects. We request the City modify its indemnification such that the Contractor's duty to indemnify the City is limited to the Contractor's own negligent acts or omissions (or those for which it is responsible). • CR: No- please bid per contract documents. This is the City's standard language, and they do not have to indemnify us for our sole negligence or our willful misconduct, as stated in the agreement. 3. Regarding Liquidated Damages on page 6 of Special Provisions. The city specifies a $500/day liquidated damages policy and then states that this sum is "a minimum value of costs". Please confirm that the city will not seek additional damages in the event of a delay outside of the contractors control. • CR: If work continues past the normal working time the City will follow normal practices with assessing liquidated damages as stated in contract documents. The provision is intend to keep the contractor working and making continuous progress. 4. Design Criteria for Floating Docks- 1.5- H. Please confirm that the contractor shall retain a geotechnical engineer to determine pile design for this project. It appears the pile tip and butt elevations are given to the contractors in the plans already. • CR: Piles have been designed for a generic dock system of the size and configuration shown with three 26' boats on the channel side and one 26' boat on the bulkhead side, see the plan on sheet 3. The Contractor must verify that the piles shown work with his specific dock system. 5. Special Provisions- 6-7 Time of Completion- States that contractor should make all material procurement arrangements and complete the submittal review process within 40 working days after the first Notice to Proceed ... the contractor shall complete all work under the Contract within 40 consecutive working days after the date of the second NTP". Please consider revising the first NTP to 80 working days overall duration including design, submittal, approval process, and offsite fabrication prior to mobilizing. We kindly request this time period with the goal of having a 6 month overall duration. • CR: At this time the working days will not change; if during the project the contractor needs more time a letter stating the reasons for extension should be submitted to the Engineer. 6. Please clarify pile -driving windows for construction. • CR: Normal working days/hours are Monday to Friday 7:00 a.m. to 4:00 p.m. per bid package. 7. Please clarify whether the City or the Contractor is responsible for the pre and post - construction eel grass surveys. • CR: None — there is no eelgrass near this location per 2016 eelgrass survey. 8. Section 31 6218 Tubular Steel Pile- Para. 1.1. In this section, the work included appears to include "design". Do the contractors need to design the steel pipe pile as well? 0 CR: No, design of the steel piles is not required of the Contractor. 9. Section 31 6218 Tubular Steel Pile- Para. 3.1. Please confirm that impact hammers will not be allowed on steel pile since it is allowed on concrete guide pile. It would be much easier for pile installation purposes to utilize one methodology throughout all installation. • CR: The goal is to eliminate heavy impact type vibrations adjacent to the existing bulkhead and the pipeline passing through the bulkhead. As such, if an impact hammer was allowed, it would have to be smaller than the size necessary to drive the concrete piles. 10.Section 31 6218 Tubular Steel Pile- In order to keep the installation using an impact hammer, would the City consider a pre -stressed concrete pile in lieu of the coated steel pile. A concrete pile would be more likely to meet the design life requirements on this project. • CR: A concrete pile would not be more likely to meet the design life if the specified pile and coating is furnished. The Contractor shall furnish and install the specified coated steel pipe pile. 11. Section 31 6218 Tubular Steel Pile- Para 3.2 references dredging. Is there any dredging on this project? • CR: No, there is no dredging associated with this project, and that provision should have been deleted. 12.Section 31 6237 Marine Precast Concrete Piles- Para 1.5.F and Para 2.1.H- This references that Y2 the pile shall be fitted with stingers as depicted on the project drawings. We can't find any reference to stingers on the drawings. Please confirm what is required. • CR: No, stingers are not required. This provision should have been deleted. 13.The bid drawings indicate a 3" clearance requirement in the structural notes (Sheet 2 of 9), the bid drawings show a 2 %' minimum clearance to the spiral on of the concrete pile (Sheet 5 of 9), the bid drawings show a 2" clearance to the bar on Section A of the concrete landing (Sheet 6 of 9), and the bid specifications, Section 355135, 2.1-M.6 states, "Displacement that results in loss of minimum concrete cover over reinforcement of 1 inch or less than 1-1/2 inches wall thickness or less than 2 inches deck thickness shall be cause for rejection'. • CR: The note on sheet 2 states "3" min unless otherwise noted". The cover on the top of the gangway platform only is 2" as it will be topped by a grout bed and concrete pavers. The 2.5" clear to the pile spirals is standard practice with the main reinforcing being 3". For the bulkhead cap extension, is 1" in order to get concrete under the reinforcing on the thin section. 14. Section 35 5135 Floating Dock- Para 1.5.D- "Freeboard under dead load only shall not be less than 18 inches or more than 24 inches at the end of 1 year from the date of Notice of Completion. Sufficient floatation shall be provided to support a dead load plus live load freeboard of 9 inches or more, and all timber or steel elements are at least 1 foot clear of the water." In regards to this last section, do all timber and steel elements need to be at least 1 foot clear of the water under full dead and live load? Please consider revising this clearance to mean under dead load only. A 40psf live load on a dock with 100% full flotation would lose approximately 7 1/2" of freeboard. For reference, if the dock is at 24" and loses 7.5" for live load and there needs to be a 12" clearance to any timber, then any timber stringers cannot be larger than 5.5" deep. • CR: The provision should say 1 inch clear'. 15. Page C-2, Exhibit C, D. Pollution Liability Insurance. Requirements Include a 10 year extended reporting period under the pollution coverage if claims made. If that is not an option, can we can amend the language to meet the requirement through subsequent policy renewals for 10 years?" • CR: No- please bid per contract documents. 16. Please confirm design specs for floating dock to be 40 PSF live load, (LL). • CR: Please read specification Section 35 5136 Sub section 1.6 B. 17. Free board range of floating dock to be between 15" under Dead Load (DL) and LL and max 24" @ DL only. • CR: Please read specification Section 35 5136 sub section1.5 D. Note on the last line reads "at least 1 foot clear of water." should read "at least 1 inch clear of water." 18. Can the shore gangway hinge support bracket be per gangway manufacturer instead of the one shown in drawings, so long as it meets engineering design criteria ? • CR: Yes, the gangway manufacturers hinge detail can be used. However, the WT9x17.5 attachment member must be used. 19.Confirm that the 'Tip" Elevation for the steel platform pile is -22 MLLW, same as the concrete guide piles? • CR: No, the bid item is a 40 foot long pile. The specified tip elevation is -30 MLLW. 20.Confirm that the steel platform pile can only be driven with a vibro hammer or "press method" hammer. No impact hammer is permitted on this pile. • CR: Please read specification Section 316218 sub section 3.1 E 21. Confirm that Bulhead Cap extension rebar is s/s or stainless clad rebar. CR: Please see notes on sheet 7. 22. Provide top of tubular steel pile elevation and specified tip elevation. • CR: Cut-off elevation is +8.75 and the specified tip elevation is -30 mliw. 23. Section 31 6218 Tubular Steel Pile 3.2.6 "Complete pipe pile installation after dredging". Please clarify and provide description. • CR; There is no dredging associated with this project. The provision in the specification is an error. 24. Is the tubular steel pile to be filled with concrete? If so provide additional information and requirements. • CR: No, please provide a plug 8 inches below the top. Only the portion above then plug is filled with concrete. 25. Clarify on the gangway platform what is designed around the perimeter edge to lock in the pavers. • CR: The is no perimeter element confining the pavers except at the gangway where the hinge attachment member provides confinement. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have inc&—(Y(e5�6d, uded full payment i my P70se . CSC!lel s//l CIGi�/S, F G�Ca Bidder's Name (Please Print) Date 21 Authorized Sign ure & Title City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 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:Aso /a4 q�jD /ic Ls4tJf �t/�. Business Add Telephone and Fax Number: e:raj 77-2- 772- e &03 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 3 /g60 Expiration Date: �3G�Z4 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: 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 Corporation organized under the laws of the State of in The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest, in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; N Ori AeH«e- Briefly summarize the parties' claims and defenses; Have you ever hed a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. 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 labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes / o 19 Are any claims or actions unresolved or outstanding? Yes /o 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. (Print name of Owner or President of Corp ")rti�on/Co Mpany) /�✓5oG/k,��/ j��,ra�ic L "%iI+J�Vyc�S;.� c•� Bidder Authorized Sianaturefritle 'C.S /GYt.z Title 3�go A6 7 Date 7C� before me6,6i YI L.li On , / e y./y� Notary Public, personally appeared Gc(J/ E G��y�✓1 r, who proved to me on the basis of satisfactory evidence to be the person(o whose named is/ape subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/t)er/IJieir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(g), or the entity upon behalf of which the person) 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. �G ROBIN J. Notary Public in and for said State # 2126 (SEAL) Commission N 2126739 i •'�. Notary Public • California i I San Luis Obispo County 3 IIIMg comm. Ex Ve6 se 14, 2019 My Commission Expires: %'/ 4A/ 20 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 A/S, Norway. Working from DP vessels, lay -barges, lockout submersibles, live -boat operations, jack -ups and semi -submersibles. City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 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 Standad rSpecifications 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. 21 CENTRAL AVENUE PUBLIC DOCK CONTRACT NO. 8197-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of April, 2017 ("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. 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 has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of construction and related services required by the Contract Documents, as defined herein, including all labor, material, equipment, and supervision as required for preparing shop drawings; obtaining the required permits; constructing the contract -specified marina dock system, piles and accessories, and appurtenances; and all other items to complete the work prescribed in these Contract Documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8197-1, 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'), all of which 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. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents to be verified by qualified professionals at City's discretion. 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. Contractor shall ensure the structural integrity and safety of the Project. 3. COMPENSATION 3.1 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 as full payment the sum of Two Hundred Thirty Two Thousand One Hundred Dollars and 00/100 ($232,100.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. 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 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. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. 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 Work to be rendered pursuant to this Contract. Associated Pacific Constructors, Inc. Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The 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 (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Paul Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 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 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 Associated Pacific Constructors, Inc. Page 3 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. 9. BONDING 9.1 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 B 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 A and incorporated herein by reference. 9.2 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. 9.3 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. 10. 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 the Contractor on the Project. Additionally, agents of the California Department of Parks and Recreation, Division of Boating and Waterways, may, at reasonable times during the term of this Agreement, enter onto the Project property for purposes of inspecting the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 Associated Pacific Constructors, Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, 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. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or 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. 14. PREVAILING WAGES 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City 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 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or Associated Pacific Constructors, Inc. Page 5 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 and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (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). 16.4 City agrees to indemnify, defend and save harmless, the Department of Parks and Recreation, Division of Boating and Waterways, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and/or from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by City in the performance of this Agreement. 16.5 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. 16.6 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition Associated Pacific Constructors, Inc. Page 6 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. 16.7 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. 16.8 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. 16.9 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 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. 17.3 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. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. 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. 19. TERMINATION 19.1 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 Associated Pacific Constructors, Inc. Page 7 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. 19.2 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. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 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. Further, Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the Projects and any work performed pursuant to this Agreement. In addition, all Work prepared by Contractor under this Agreement shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 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. 20.4 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. 20.5 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. 20.6 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. Associated Pacific Constructors, Inc. Page 8 20.7 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. 20.8 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. 20.9 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 sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, denial of family care leave, or any other impermissible basis under law, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 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 (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Associated Pacific Constructors, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / By: Aaron C. Harp wu J City Attorney ATTEST: ' Date: CITY OF NEWPORT BEACH, a California municipal corporation K6vin Muldoon Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation Date: b?ykSigned in Counterpart By: By: Leilani t. Brown Paul E. Gillen City Clerk President and Secretary [END OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Associated Pacific Constructors, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: qA7 0 Aaron C. Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation, j -7 President and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Associated Pacific Constructors, Inc. Page 10 Premium is included in the perFonnancc hoed Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30009344 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 construction and related services required by the Contract Documents, including all labor, material, equipment, and supervision as required for preparing shop drawings; obtaining the required permits; constructing the contract - specified marina dock system, piles and accessories, appurtenances, and all other items to complete the work prescribed in these Contract Documents, 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 and the California Department of Parks and Recreation, Division of Boating and Waterways ("DBAW") in the sum of Two Hundred Thirty Two Thousand One Hundred Dollars and 00/100 ($232,100.00) 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 and DBAW 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. Associated Pacific Constructors, Inc. Page A-1 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 et seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 10th day of May '2017 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: By: Aaron C. Harp µ City Attorney S' 18 t7 ,t � V" A orized Signat efTi le Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page A-2 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. X I 5�✓ '� 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, "Please See Attached" 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. Page A-3 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 05/10/2017 before me, R. Paramo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameN,of SignerN who proved to me on the basis of satisfactory evidence to be the persons) whose name(* is/axe subscribed to the within instrument and acknowledged to me that'he/she/they executed the same in Itir/her/ftk authorized capacity(iea), and that by his(herAheir signaturej* on the instrument the personK or the entity upon behalf of which the persons) acted, executed the instrument. R. PARAMO Commission x 2035890 Z ; ` Notary Public - California Orange County M Comm. Ex itas Aug5, 2017 I certify under PENALTY OF PERJURY under the laws of the State a la that the foregoing paragraph is tr I orr ct. 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: Payment Bond No. 30009344 Document Date: 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 OZAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Western Surety Company 05/10/2017 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Com•/ .�4</'� G'y 'v .v<'ei -a vG`.-+�Ovrv•4:u.v `.riG' .i'ry _ Western Surety Company POWER OF ATTORNEY APPOINTING UNDIVEDUAL ATTORNEY-IN-FACT Know All Men By These Prnents, 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 Sate of South Dakota, and that it docs 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 Irvine, CA, its true and lawful ARorney(s)-in-Fact with full power and authority hereby conferred to siM 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 acts of said Attorney, pursuant to the authority hereby given, arts hereby ratiflod and confirmed. 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 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 tris 9th day of June, 2015. y,,ry WESTERN SURETY COMPANY aul T. Bruflat, Vice President Sate of South Dakota l County of Minnehaha 3 ss On this 9th day of June, 2015, before me persorully came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose end say: that he resides in the City of Sioux Falb, Sate 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 affixod 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 mid corporation. MycommisslonexprR9 '\\\\NN\N\N\NN\N\\♦ � S. EIGH I February 12, 2021 oOTH FUNLIC i(RS0AKOUFAP.:!q - �.N♦ \\N\\\\NN\\.w. 4 CERTIFICATE S. Eich, Notary Public I, 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 sat of tl:e said corporation this 10th day of lintJ 2017 ""01" "e01 WESTERN SURETY COMPANY 4 -nM osua� Form F4290.7-2012 L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE AGs�ts� .w .:�is� ,aLa�.c�<.aLt/c��.at wGa2,/mC2�.�Lc�t ALt �t m�.ats� .c�<f-s�tc�Cs� .av/c�•.a•.aLt�•.at.t� .aL/<�tat/�.•,:�•.:�t. 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 Calif rnia ) County of��t'1 Li, "s t°y ) // On S 3 ZO/ % before me, O th �l � �G/ , /f/� ✓"/ �f�ic Dae Here Insert Ncnme anJ Title of the O�t icer personally appeared ",L C� G, l Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(srwhose name(sj'is/awe subscribed to the within instrument and acknowledged to me that he/sheftey executed the same in his/her/tpeir authorized capacity(ya<and that by his/her/(peir signature("n the instrument the person• sy or the entity upon behalf of which the person*racted, 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. w ROBIN J. LUDWiG WITNESS my hand and official seal. Commission ar 2126739 < Notary.Public- California z Z ' San Luis Obispo County s Signature M Comm. Ex fres Se 14, 2019 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 Docuptent / Title or Type of Document:_ �!//„"iYle ✓� c/ Document Date: Number of Pages ret ;)Sign1r(s) Other Than Named Above: Capacity(ies) Clai by Ser(sL /�� Signer's Name: i t Signer's Name: YarCorporate Officer —Title(s): Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General i 1 Partner — f 1 Limited CI General ❑ Individual I Attorney in Fact I.1 Individual ! Attorney in Fact ❑ Trustee i Guardian or Conservator ❑ Trustee Guardian or Conservator ❑ Other: _ 1 Other: Signer Is Representing: Signer Is Representing: «<V 0 1 • • • • • • • • :11 • :IIL . •:L •1 Premium is Im contract corm and is subject to adjustment based on final contract Price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30009344 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3.342.00 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to * hereinafter designated as the "Principal," a contract for construction and related services required by the Contract Documents, including all labor, material, equipment, and supervision as required for preparing shop drawings; obtaining the required permits; constructing the contract -specified marina dock system, piles and accessories, appurtenances, and all other items to complete the work prescribed in these Contract Documents, 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. *Associated Pacific Constructors, Inc. 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 and the California Department of Parks and Recreation, Division of Boating and Waterways ("DBAW"), in the sum of Two Hundred Thirty Two Thousand One Hundred Dollars and 00/100 ($232,100.00) 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 and DBAW, 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, orfails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, and the DBAW, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City and DBAW, Associated Pacific Constructors, Inc. Page B-1 only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 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 10th day of May 201 Associated Pacific Constructors, Inc. Name of Contractor (Principal) AiAhorized 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' OFFICE Date: l By: Aaron C. Harp UAAIIJ City Attorney '�, 1817 mr-A-M-1511 Iwo Eel I FARR WOO • -- Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page B-2 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 1 ss. On 20 before me, `"Please See Attached" 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. Page B-3 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 05/10/2017 before me, R. Paramo, 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 persons) whose names) ish" subscribed to the within instrument and acknowledged to me that'Ite/she/they executed the same in hla/her/theit authorized capacity(tes), and that by hWherAhcir signatureN on the instrument the personK or the entity upon behalf of which the person(s) acted, executed the instrument. R. PARAMO Commission # 2035890 -s Notary Public - California i z ' Orange County 4 Comm. Ex ires Aug5, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State o la that the foregoing paragraph is true and correct. vl NE$S my han official ea. Sig 7tat _ 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: Performance Bona No. 30009344 Document Date: 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 13'Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Wester Surety Company 05/10/2017 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know NI 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 docs 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 Irvine, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and "mute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlifnited 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 acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and "muted pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. Ia Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to he hereto affixed on this 9th day of June, 2015. a WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota 1 JT ss County of Minnchaha On this 9th day of June, 2015, before me personally came Paul T. Bmfiat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falb, 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 deed of mid corporation. My commission expires �••••�•+•••••..••.\•.... s ��;!sM ' EPUKX ICH J &� February 12, 2021 !(RtfoBTH 0AXOTA CERTIFICATE 5, Eich, Notary Public I, L, Nclson, 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 affxod The seal of the said corporation this 111th day of :NI:13 1 2017 WESTERN SURETY COMPANY y 6r :RF l ./ fom F4290.7-2013 L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. <1. G.<I.... ter. 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 fs" 4 rS On before me, U IeW �r/�/ems Date „ Here Insert Name an Title of the O icer personally appeared Gt Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose name(e)-is/a;&� subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bwAhetr authorized capacity(i*, and that by his/berkbeir-signature(z) on the instrument the person(s); or the entity upon behalf of which the person(s)' acted, executed the instrument. .. ROBIN J. LLIONG Commission N 2126739 "-� Notary Public - California San Luis Obispo County M Comm. Ex ires Sag 14.2019 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 .L.r.__ w t 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 D /1 �% Title or Type of Document: W ItLANI� Document Date: Number of Pages.-/JWieL3�lgner(s) Other Than Named Above Capacity(ies) CI ed b/S' , Signer's Name: / C�cr ✓, � , r,4:eorporate Officer — Title(s): ❑ Partner — '7 Limited l General ❑ Individual I 1 Attorney in Fact ❑ Trustee i 1 Guardian or Conservator ❑ Other: Signer Is Representing Signer's Name: LI Corporate Officer — Title(s): I 1 Partner — Limited I General I I Individual -1 Trustee ❑ Other: _ Signer Is Representing: Attorney in Fact Guardian or Conservator �G\<Y<`:.<"✓<'Y�V✓G'✓G'✓<CY<`:�"✓<'Yiv YG'YG<✓S�✓G\Y<\`-:«��'YG<✓<�✓G"✓G'✓<C✓G(✓' UG\`-�<\�1. �✓G`:< R1RN11 E, OilV ReT0 10 to]• •l i WNTITA 0 1; 11 Lei it, I 101 vLei eIrAqj I@ a.loilliel.2 k, Lei:11 . .: •1 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. This policy shall also include an endorsement for Federal Acts including Longshore and Harbor Workers' Compensation Act. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with Associated Pacific Constructors, Inc. Page C-1 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 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. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $1,000,000 per loss and $2,000,000 in the aggregate per policy period. Claims -made policies require a 10 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. E. Property and Fire Insurance. Contractor shall maintain a policy providing property and product damage coverage with a total limit of liability of no less than $1,000,000 per loss per policy period, with fire insurance for 90% of the full insurable value of all insurable components of the Project. 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 Associated Pacific Constructors, Inc. Page C-2 City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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, automobile liability, and fire liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement, shall be included as additional insureds under such policies. C. Additional Insured State of California. The State of California its officers, agents, employees and servants, are hereby declared to be additional insureds under the terms of this policy, as to activities of both the City and the Department of Parks and Recreation, Division of Boating and Waterways (DBW) in respect to the Project, and this policy shall not be cancelled without thirty (30) days prior written notice to DBW. D. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. E. 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. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Associated Pacific Constructors, Inc. Page C-3 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. 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. 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 Associated Pacific Constructors, Inc. Page C-4 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 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. Associated Pacific Constructors, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/16/17 Dept./Contact Received From: Raymund Date Completed: 6/1/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: Associated Pacific Construction Inc. Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/18/16-10/18/17 A. INSURANCE COMPANY: Starr Indemnity & Liability Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? IM/2tvV1M+4M Umbrella E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/18/16-10/18/17 A. INSURANCE COMPANY: West American Insurance Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? lM E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17 A. INSURANCE COMPANY: Manufacturers Alliance Ins Co. B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY EFF 10/18/16-10/18/17 CARRIER: Stag Indemnity & Liability Co RATING: A: XV Admitted LIMIT: 5M ❑ N/A ®Yes ❑ No V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: em Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 6/1/17 Date ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: PROPERTY/FIRE INS. With GL. Sheri ADDroved GL Pollution (sudden & accidental basis) 6/1/17 Approved Risk Management * Subject to the terms of the contract. Date City of Newport Beach CENTRAL AVENUE PUBLIC DOCK Contract No. 8197-1 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. 8197-1 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: �'�/Zy/ 7 A.SOG/4 .ii1 Date Bid!%r ��r%77� 9�/7��f�rl7�7-saD3 Bidder's Telephone and Fax Numbers MAI Bidder's License No(s). /Jam/ 6 G� ���✓ Signature and Title X377, Bidder's Address �— and Classification(s) Bidder's email address: �Ciy�.t7�ISSDI(4r�i�P��/�G �u� PR -1 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK (C-8197-1), bidding on March 22, 2017 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 Gillen Respondee Title President Phone 805-234-5055 Ext. Email paul@associaledpacific.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted March 22, 2017 9:43:34 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 101277 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Complete Bid Package Bid Docs Complete Scan.pdf APC Bid Bond Central Ave Bid Bond.pdf Line Items Type Item Code UOM Qty Section 1 I Mobilization/Demobilization Lump Sum 1 2 Demolition and Removal Lump Sum 1 3 Concrete Bulkhead Cap Extension Lump Sum 1 4 Gangway Platform Lump Sum 1 5 Handrails and Railings Lump Sum 1 Page t File Type General Attachment Bid Bond Unit Price Line Total Comment $4,000.00 $4,000.00 $11,000.00 $11,000.00 $23,000.00 $23,000.00 $10,000.00 $10,000.00 $32,000.00 $32,000.00 City of Newport Beach CENTRAL AVENUE PUBLIC DOCK (C-8197-1), bidding on March 22, 2017 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Line Total Comment f Tubular Steel Pile Lump Sum 1 $22,000.00 $22,000.00 7 Marine Precast Concrete Piles Lump Sum 1 $30,000.00 $30,000.00 8 Floating Dock Lump Sum 1 $70,000.00 $70,000.00 9 Gangway Lump Sum 1 $28,000.00 $28,000.00 10 Wayfinding Signs Lump Sum 1 $1,100.00 $1,100.00 11 Project Close Out and Record/As-Build Drawings Lump Sum 1 $1,000.00 $1,000.00 Subtotal $232,100.00 Total $232,100.00 Subcontractors Name & Address Description License Num CADIR Amount Type Page 2 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL AVENUE PUBLIC DOCK CONTRACT NO. C-8197-1 PART 1 - GENERAL PROVISIONS.............................................................................................1 SECTION 2 - SCOPE AND CONTROL OF THE WORK..............................................................1 2-5 PLANS AND SPECIFICATIONS.......................................................................................1 2-5.2 Precedence of Contract Documents.....................................................................................1 2-6 WORK TO BE DONE.......................................................................................................1 2-9 SURVEYING....................................................................................................................1 2-9.1 Permanent Survey Markers ............................ ......................... ........ ............................. ........ 1 SECTION 3 - CHANGES IN WORK.............................................................................................2 3-3 EXTRA WORK.................................................................................................................2 3-3.2 Payment................................................................................................................................2 3-3.2.3 Markup ....... .................................................................................... ................................. 2 SECTION 4 - CONTROL OF MATERIALS..................................................................................2 4-1 MATERIALS AND WORKMANSHIP.................................................................................2 4-1.3 Inspection Requirements......................................................................................................2 4-1.3.4 Inspection and Testing...................................................................................................2 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ...................3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ..............................3 6-1.1 Construction Schedule..........................................................................................................3 6-1.1.1 Scheduling Sequencing ..................................................Error! Bookmark not defined. 6-7 TIME OF COMPLETION...................................................................................................3 6-7.1 General..................................................................................................................................3 6-7.2 Working Days........................................................................................................................4 6-7.4 Working Hours.......................................................................................................................4 6-9 LIQUIDATED DAMAGES.................................................................................................4 6-11 PRE-BID MEETING........................................................................................................4 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR.......................................................5 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES..................................................5 7-1.2 Temporary Utility Services....................................................................................................5 7-5 PERMITS..........................................................................................................................5 7-8 WORK SITE MAINTENANCE...........................................................................................5 7-8.4.3 Storage of Equipment and Materials in Public Streets...................................................5 7-8.6 Water Pollution Control.........................................................................................................6 7-10 PUBLIC CONVENIENCE AND SAFETY.........................................................................6 7-10.1 Traffic and Access... .............................................................................................................. 6 7-10.2 Safety ................... ................................... ..............................................................................6 7-10.2.1 Safety Orders..................................................................................................................6 7-10.6 Notices to Residents and Businesses...................................................................................7 7-15 CONTRACTOR'S LICENSES.........................................................................................7 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS...................................................7 SECTION 9 - MEASUREMENT AND PAYMENT.........................................................................8 9-3 PAYMENT........................................................................................................................8 9-3.1 General..................................................................................................................................8 9-3.1.1 Schedule of Values.........................................................Error! Bookmark not defined. 9-3.2 Partial and Final Payment.....................................................................................................9 PART 2 - CONSTRUCTION MATERIALS.................................................................................10 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS...................................10 201-1 PORTLAND CEMENT CONCRETE...........................................................................10 PART3 - CONSTRUCTION METHODS....................................................................................10 SECTION300 - EARTHWORK..................................................................................................10 300-1 CLEARING AND GRUBBING.....................................................................................10 300-1.3 Removal and Disposal of Materials....................................................................................10 300-1.5 Solid Waste Diversion.........................................................................................................10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C 79 12 SPECIAL PROVISIONS CENTRAL AVENUE PUBLIC DOCK CONTRACT NO. C-8197-1 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 -5259-S Central Avenue Public Dock); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc. on-line at: www.bnibooks.com The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement, as determined by the Engineer, shall control." 2-6 WORK TO BE DONE Add to this section, 'The work necessary for the completion of this contract consists of construction and related services required by the Contract Documents, including all labor, material, equipment, and supervision as required for preparing shop drawings; obtaining the required permits; constructing the contract -specified marina dock system, piles and accessories, appurtenances, and all other items to complete the work prescribed in these Contract Documents. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning Page 1 of 10 of work, inspect the project for existing survey monuments and then schedule a meeting with the City to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: a) Labor................................................15 b) Materials..........................................15 c) Equipment Rental .............................15 d) Other Items and Expenditures .........15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing "All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Page 2 of 10 Engineer. The Contractor shall furnish the Engineer 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 in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed'." 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: 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 construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved 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. 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: There will be two Notice to Proceed (NTP) for this project, first NTP for procurement of materials and pre -construction submittals' and second for on-site construction. The Contractor shall make all material procurements arrangements and complete the submittal review process within 40 consecutive working days after the date on the first NTP The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the second NTP. 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 for 100 percent completion of work. Page 3 of 10 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31 st (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." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:00 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. 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. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: 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 $500.00. Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per 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. 6-11 PRE-BID MEETING The City will conduct a Pre -Bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is optional. Bidders shall meet at the Project site at the terminus of Central Avenue north from Via Lido. Site and access conditions that are observable at the Pre -Bid site meeting will not be considered as changed or unknown condition Page 4 of 10 for bidders whether they chose to attend or not The purpose of the Pre -Bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, utilities, coordination with other on/off-site contractors, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre -Bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 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, 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 of such water. 7-5 PERMITS Add the following: The Contractor shall submit plans and substantiating documents to obtain an approved City of Newport Beach Building permit necessary for the work and associated operations. This will be a "no -fee" City of Newport Beach plan check and permit to the Contractor. Fees associated with this effort shall not be included in the contract price. 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may not be stored in streets, roads, or sidewalks. It is anticipated that all Contractor's equipment and material storage will be accommodated on site; either on the Contractor's barge or on the existing concrete plaza area adjacent to the bulkhead. If the plaza improvements are started during the execution of this project, it is the Contractor's responsibility to coordinate with the Plaza Contractor for on-site storage. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering Page 5 of 10 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 -mobilization condition, unless otherwise directed by the Engineer. The Engineer may require new base and pavement if the street or parking lot pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section: Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or Newport Harbor. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add the following: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. Waterway access to all docks, moorings, and basins within the project vicinity 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. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, 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. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3) 7-10.2 Safety 7-10.2.1 Safety Orders Add to this section: 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, and 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. Add the following Section 7-10.6 Notice to Residents and Businesses Page 6 of 10 7-10.6 Notices to Residents and Businesses Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight 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 notice when construction operations will start, what disruptions may occur, and approximately when construction will be complete. 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. Add the following Section 7-15 Contractor's Licenses. 7-15 CONTRACTOR'S LICENSES 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 Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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." Page 7 of 10 SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid 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 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/Demobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, shop drawings, and financing; establishing a field office; maintaining restroom facilities; preparing for all permit requirements; furnishing and installing construction signage; providing and maintaining BMPs; locating and protecting existing utilities; notifying businesses and residents; providing environmental protections; maintaining and updating project schedule; attending all project meetings; keeping photographic and video records of project site; coordinating with City of Newport Beach Building Division and all other related work as required by the Contract Documents. Item No. 2 Demolition and Removal: Work under this item shall include, but not limited to, providing all labor, equipment and transportation necessary to remove the existing bulkhead mounted handrail/guardrail and the top portion of the existing concrete bulkhead cap within the limits shown, and disposing of the removed materials in an approved disposal site and all other related work as required by the Contract Documents. Item No. 3 Concrete Bulkhead Cap Extension: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to construct the bulkhead wall cap extension complete and in place as shown on the Contract Documents and ready for use. All necessary formwork, falsework and reinforcing steel are included in this item. Item No. 4 Gangway Platform: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to construct the gangway platform, and the temporary ramp to the gangway platform including cast in place reinforced concrete, precast concrete plank pavers, gangway hinge bracket, and temporary concrete ramp complete and in place as shown on the Contract Documents and ready for use. All formwork, falsework, temporary supports and reinforcing steel are included in this item. Item No. 5 Handrails and Railings: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to supply and install new handrail/guardrails on the top of the concrete bulkhead over the temporary timber curb and around the gangway platform complete and in place as shown on the Contract Documents and ready for use. Furnishing and installing the timber curb is included in this item Item No. 6 Tubular Steel Pile: Work under this item shall include, but not limited to, Page 8 of 10 providing all labor, materials, and equipment necessary to supply and install a coated tubular steel pile for the support of the gangway platform complete and in place as shown on the Contract Documents and ready for its intended use. Item No. 7 Marine Precast Concrete Piles: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to supply and install marine precast concrete piles for the support of the floating public dock complete and in place as shown on the Contract Documents and ready for their intended use. Item No. 8 Floating Dock: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to supply and install the new floating public dock with all appurtenances complete and in place as shown on the Contract Documents and ready for use. Item No. 9 Gangway: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to supply and install the new aluminum gangway with all appurtenances complete and in place as shown on the Contract Documents and ready for use. Item No. 10 Wayfinding Signs: Work under this item shall include, but not limited to, providing all labor, materials, and equipment necessary to supply and install the three new wayfinding signs including poles, foundations and all connecting hardware and complete in place as shown on the Contract Documents and ready for use. Item No. 11 Provide As -Built Plans and Close -Out Documents: Work under this item shall include all actions necessary to provide as -built drawings and spreadsheets. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. 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 -build conditions. Deductive Alternative BID ITEM Item No. Al Temporary Timber Curb on Bulkhead and Concrete Ramp at Gangway Platform: installation of handrail/guardrail on bulkhead: If the adjacent plaza area improvements are awarded for construction while the Central Avenue Public Dock Project is under construction, then Deductive Bid Item D1 will be deducted from the contract and the handrail/guardrail supported on the bulkhead will be installed by the plaza contractor. 9-3.2 Partial and Final Payment Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in Page 9 of 10 accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE Replace this section with "Product requirements for concrete are described in Technical Specification 03-3000, Cast -in -Place Concrete, Part 2. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List. Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced clean concrete waste generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. Page 10 of 10 CENTRAL AVENUE PUBLIC DOCK SECTION 00 3320 COASTAL DEVELOPMENT PERMIT PART 1 -GENERAL 1.1 DESCRIPTION A. This project is authorized under a Coastal Development Permit issued by the California Coastal Commission. All work shall comply with conditions therein. A copy of the permit is attached following this page. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION 00-3320-1 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK STATE OF CALIFORNIA. NATURAL RESOURCES AGENCY EDMUNDO. RROWV.5R GOVE2YOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE HIO OCEANGATE. IOTH FLOOR LONG REACH, CALIFORNIA %5024416 ; tlmf� PH (562)590.50]1 PkX (562)590.5054 h'—I OdSLAI CAGOV' Page 1 November 22, 2016 Permit Application No.: 5-16-0353 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"). A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of all the Special Conditions for this permit is attached. Commission's approval of the CDP is valid for two years from the date of approval. To prevent iration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign CDP, and commence development within two years of the approval date specified below. You ( apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code ;s. title 14, section 13169. On November 4, 2016, the California Coastal Commission approved Coastal Development Permit No. 5-16-0353 requested by Chris Miller, City Of Newport Beach, Harbor Resources Division subject to the attached conditions, for development consisting of: Installation of a new public dock consisting of: an 84 -ft. x 10 -ft. wide float (840 square feet); an approximate 40 sq, ft, gangway platform; a 50 -ft. x 4 -ft. (200 sq. ft.) gangway, an 8 -ft. x 4 -ft. (32 sq. ft.) gangway landing platform; three 14 square guide piles and one 14 round pile., more specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the "prior to issuance" special conditions have been satisfied. The development is within the coastal zone at: Northerly terminus of Central Ave., City of Newport Beach, Orange County If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-16-0353, please contact the Coastal Program Analyst identified below. 00-3320-2 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK Page 2 November 22, 2016 Permit Application No.: 5-16-0353 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Sincerely, John Ainsworth Acting ExecVtive Director Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, then permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK Page 3 November 22, 2016 Permit Application No.: 5-16-0353 NOTICE OF INTENT TO ISSUE I'ERMI T (Upon satisfaction of special conditions) it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: Final Updated Plans. A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the Executive Director's review and approval, two (2) 1 1" x 17" sets of the following final updated plans, modified as required below: I. The final updated plans shall substantially conform with the plans received on July 5, 2016, except they shall be modified as required below: a. The updated project plans shall show the location of the visitor-serving/coastal access directional sign(s) located in a conspicuous location in the adjacent public parking as near as possible to the proposed gangway platform; and b. The proposed sign(s) shall be in compliance with the Coastal Access Sign Program submitted as part of the City of Newport Beach Implementation Plan (IP) that was approved by the Commission on September 7, 2016. B. All final updated plans shall be prepared and certified by a licensed professional or professionals as applicable (e.g., architect, surveyor, geotechnical engineer), based on current information and professional standards, and shall be certified to ensure that they are consistent with the Commission's approval and with the recommendations of any required technical reports. C. The permittee shall undertake development in conformance with the approved final updated plans unless the Commission amends this permit or the Executive Director determines that no amendment is legally required for any proposed minor deviations. 2. Consistency with Special Condition No. 3(B) of Coastal Development Permit No. 5-15-1459 (Newport Harbor Yacht Club). The pcnnittee shall conform with Special Condition No. 3(B) of Coastal Development Permit No. 5-15-1459 (Newport Harbor Yacht Club) (Exhibit No.3 of staff report dated October 14, 2016), which requires that the public dock be located at the northerly terminus of Central Avenue, he ADA compliant and provide public access to, or from, a float designed to serve small powered and hand carried vessels, which is being proposed with Coastal Development Permit No. 5-15-0353. Any future changes to the approved public dock that will temporarily impact its use by the public, will require a temporary public dock be installed near the approved public dock until construction on the approved public dock has been completed. No changes to the approved public dock shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required for any proposed minor deviations. 3, Pre -and Post -Construction Eelgrass Survey(s), A. Pre Construction Eelgrass Survey. A valid pre -construction eelgrass (Zosrera rrrarina) survey shall be completed during the period of active growth of celgrass (typically March through October). The pre- construction survey shall be completed within 60 days before the start of construction. The survey shall be prepared in full compliance with the "California 00-3320-4 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK Page 4 November 22, 2016 Permit Application No.: 5-16-0353 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Eelgrass Mitigation Policy and Implementing Guidelines" dated October 2014 (sec ass.html adopted by the National Marine Fisheries Service (except as modified by this special condition) and shall he prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the eelgrass survey for the review and approval of the Executive Director within five (5) business days of completion of each eelgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area which would be impacted by the proposed project, the development shall require an umendmcnt to this permit from the Coastal Commission or a new coastal development permit. B. Post Construction Eclgrass Survey. if any eelgrass is identified in the project area by the survey required in subsection A of this condition above, within 30 days of completion of construction, or within the first 30 days of the next active growth period following completion of construction that occurs outside of the active growth period, the applicant shat l survey the project site to determine if any eelgrass was adversely impacted. The survey shall be prepared in full compliance with the "California F,elgrass Mitigation Policy" dated October 2014 (see http://www.westcoast.fisheries.noaa.izowhabitat/habitat types/seaerass info/califomia eelvr ass.html) (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Wildlife. The applicant shall submit the post -construction eelgrass survey for the review and approval of the Executive Director within thirty (30) days after completion of the survey. If any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimutn 1.38:1 ratio on-site, or at another location, in accordance with the California F.elgrass Mitigation Policy. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.38:1 (mitigation: impact). Any exceptions to the required 1.38:1 mitigation ratio found within the California Eelgrass Mitigation Policy shall not apply. Implementation of mitigation shall require an amendment to this permit or a new coastal development permit unless the Executive Director determines that no amendment or new permit is required. Pre -construction Caulerpa Taxifolia Survey. A. Not earlier than 90 days nor later than 30 days prior to commencement or re -commencement of any development authorized under this coastal development permit (the "project'), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project arca to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. B. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: I. for the review and approval of the Executive Director; and 2. to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through 00-3320-5 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK Page 5 November 22, 2016 Permit Application No.: 5-16-0353 NOTICE OF INTENT "r0 ISSUE PERMIT (Upon satisfaction of special conditions) William Paznokas, California Department of Fish & Game (8581467-4218) or Robert Hoffman, National Marine Fisheries Service (5621980-4043), or their successors. D. If Catderpa tavifolia is found within the project or buffer areas, the applicant shall not proceed with the project until I ) the applicant provides evidence to the Executive Director that all C. ravifolia discovered within the project and buffer area has been eliminated in a manner that complies with all applicable govemmenlal approval requirements, including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C tavrfolia. No revisions to the project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 5. Water Quality. A. Construction Responsibilities and Debris Removal I. No demolition or construction materials, equipment, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erosion and dispersion; 2. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project; 3. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; 4. Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone; 5. If turbid conditions are generated during construction a silt curtain will be utilized to control turbidity; 6. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; 7. Non buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss; 8. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day; 9. the applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; 10. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. It' the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; 11. All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; 12. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems; 00-3320-6 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK Page 6 November 22, 2016 Permit Application No.: 5-16-0353 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) 13. The discharge of any hazardous materials into any receiving waters shall be prohibited; 14. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runolT. The area shall be located as far away from the receiving waters and storm drain inlets as possible; 15. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and 16. All BMPs shall be maintained in a functional condition throughout the duration of construction activity. B. Best Management Practices Program By acceptance of this permit the applicant agrees that the long-term water-bome berthing of boat(s) in the approved dock and/or boat slip will be managed in a manner that protects water quality pursuant to the implementation of the following BMPs. 1. Boat Cleaning and Maintenance Measures: a. In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paint:, and debris; b. In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shall be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized; and C. The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye, 2. Solid and Liquid Waste Management Measures: a. All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags, lead acid batteries, anti -freeze, waste diesel, kerosene and mineral spirits will be disposed of in a proper manner and will not at any time be disposed of in the water or gutter. 3. Petroleum Control Management Measures: a. Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and tinder the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary. Used oil absorbents are hazardous waste in California, Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters will regularly inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; 00-3320-7 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK Page 7 November 22, 2016 Permit Application No.: 5-16-0353 NO'T'ICE OFF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) b. If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and properly dispose or recycle all contaminated liquids; and C. Bilge cleaners which contain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. NOTE IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUEs'r1ONS, PLEASE CALL THL•' DISTRICI' OFFICE, 00-3320-8 DATE Coastal Development Permit CENTRAL AVENUE PUBLIC DOCK SECTION 00 3340 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CERTIFICATION PART 1 -GENERAL 1.1 DESCRIPTION A. This project is under the conditions of a Clean Water Act Section 401 Certification issued by the Santa Ana Region of the California Regional Water Quality Control Board. All work shall comply with conditions therein. A copy of the certification is attached following this page. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION 00-3340-1 DATE California Regional Water Quality Board 401 Permit Water Boards Santa Ana Regional Water Quality Control Board August 22, 2016 Mr. Chris Miller City of Newport Beach Harbor Resources Division 100 Civic Center Drive Newport Beach, CA 92660 Fero 61tf 7\�\9: 1►191aalJeLO[9SiZN3 AMENDED CLEAN WATER ACT SECTION 401 WATER QUALITY STANDARDS CERTIFICATION FOR THE CENTRAL AVENUE PUBLIC DOCK INSTALLATION PROJECT, CITY OF NEWPORT BEACH, COUNTY OF ORANGE, CALIFORNIA (USAGE REFERENCE NO. NOT AVAILABLE) (SARWQCB PROJECT NO. 302016- 12) Dear Mr. Miller, On August 18, 2016 we received a request from Tonia McMahon of Moffat & Nichol, acting on your behalf, to amend the August 12, 2016, Clean Water Act Section 401 Water Quality Standards Certification (Certification) for the subject project. We have considered your request, and have revised the Certification accordingly. Revisions are shown by striking out removed text, and underlining added text. Text that is neither stricken nor underlined remains unchanged. This amended Certification replaces the Certification for this project dated August 29, 2011. On April 26, 2016, we received from the City of Newport Beach (Applicant) an application for Clean Water Act Section 401 Water Quality Standards Certification ("Certification") for a project (Project) to replaoe-an-existiag aRtig lam replaoe ii -with install a new public dock. The proposed Project is located in Lower Newport Harbor adjacent to Lido Village and an existing public parking lot at the terminus of Central Avenue in the City of Newport Beach, CA. The purpose of the proposed Project is to provide a publicly -accessible tie-up facility for visitors' boats of various sizes. The proposed Project will result in 0.087 acre impact to jurisdictional waters, of which 0.0285 acre is permanent and 0.052 acre is temporary. The Applicant submitted a filing fee of $200.00, which satisfies the Project fee requirement for consideration of a 401 Certification- This fee amount was determined using the Dredge and Fill Fee Calculator on the State Water Resources Control Board (SWRCB) web site, which is based on the most current iteration of California Code of Regulations, Division 3, Chapter 9, Article 1, Section 2200 (a) (3) in effect when the application was submitted. VIA," ftn. nuu I Kul IV &loam e¢cow �M[R 737M., Y S 1. YD.Fn,a.Y. rA 9Y.i1 I,.wn.Mbmn�gny«♦•ucYwp a x11 cu v� o 00-3340-2 DATE California Regional Water Quality Board 401 Permit CENTRAL AVENUE PUBLIC DOCK Mr. Chris Miller - 2 - August 22, 2016 City of Newport Beach SARWQCB 9 302016-12 This letter responds to your request for Certification that the proposed Project described in your application and summarized below, will comply with State water quality standards outlined in the Water Quality Control Plan for the Santa Ana River Basin (1995) (Basin Plan) and subsequent Basin Plan amendments: Project Description: The Applicant proposes to replace an -existing -private -marina onstruct a new public marina. The public marina's conceptual design includes: an 84 foot long by 10 foot wide floating dock up -to W9eet-(fit-)-1en0y-i44t-wide; a 50 -foot long American Disabilities Act (ADA) -compliant gangway; a gangway platform adjacent to the existing bulkhead wall; a gangway landing float; and installation of up to five 14 -inch diameter piles into the substrate of Newport Bay, The proposed Project would create a total surface water shading area of 1,112254 square feet. The work will take place within Section 28 of Township 6 South, Range 10 West of the U.S. Geological Survey Newport Beach, CA 7.5 minute topographic quadrangle map (33° 37' 11.43" N. -117° 55'44.94- W) Receiving water: Beneficial use designations (existing or potential) for Lower Newport Bay include: contact recreation (REC1), non - contact recreation (REC2), commercial and sportfishing (COMM), marine habitat (MAR), navigation (NAV), rare, threatened or endangered species (RARE), shellfish harvesting (SHEL), spawning, reproduction and development (SPWN), and wildlife habitat (WILD). Fill area: Temporary Impact to Ocean Habitat 0.052 acre linear feet not available Permanent Impact to Ocean Habitat 0.0258 acre linear feet not available Dredge/Fill volume: Not available Federal permit: Rivers and Harbors Act Section 10, which is authorization from the U.S. Army Corps of Engineers for the construction of any structure in or over any navigable waters of the United States 00-3340-3 DATE California Regional Water Quality Board 401 Permit CENTRAL AVENUE PUBLIC DOCK Mr. Chns Miller .3- August 22, 2016 City of Newport Beach SARWQCB # 302016-12 You have proposed to mitigate water quality impacts as described in your Certification application. The proposed mitigation is summarized below: Onsite Water Quality Standards Mitigation Proposed: • Standard water quality related best management practices (BMPs) will be employed during construction activities. Offsite Water Quality Standards Mitigation Proposed: None. Should the proposed Project impact State- or federally -listed endangered species or their habitat, implementation of measures identified in consultation with the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife should ensure those impacts are mitigated to an acceptable level. Appropriate BMPs will be implemented to reduce construction -related impacts to waters of the State per the requirements of Santa Ana Regional Board Order No. R8-2009-0030 (NPDES Permit No. CAS618030), commonly known as the Orange County Municipal Storm Water Permit, and subsequent iterations thereof. Order No. R8-2009-0030 requires that the Applicant substantially comply with the requirements of the State Water Resources Control Board General NPDES Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order Number 2012-0006-DWQ. Pursuant to the California Environmental Quality Act (CEQA), the City of Newport Beach filed a CEQA Guidelines Section 15303 "Class 3" Categorical Exemption with the Orange County Clerk on April 14, 2016. The "Class 3" Exemption declares the proposed Project consists of the construction and location of limited numbers of new. small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The Regional Board has independently considered the CEQA Categorical Exemption in the issuance of this Certification and finds that no changes or alterations to the proposed Project are necessary to avoid or mitigate impacts to water quality to a less than significant level. This 401 Certification is contingent upon the execution of the following conditions: 1) The Applicant must comply with the requirements of the applicable Clean Water Act Section 404 permit, as well as Section 10 of the Rivers and Harbors Act. 2) Using generally accepted protocols, the Applicant must survey for Caulerpa taxifolia, an invasive marine seaweed, to help locate and prevent its spread. If Caulerpa taxifolia Is found prior to or during implementation of the Project, the 00-3340-4 DATE California Regional Water Quality Board 401 Permit CENTRAL AVENUE PUBLIC DOCK Mr. Chris Miller - 4 - August 22, 2016 City of Newport Beach SARWQCB # 302016.12 Applicant must not begin or continue at that location until authorized by Regional Board staff. If the invasive seaweed is discovered, it is not to be disturbed, and the Regional Board must be notified within 48 -hours of the location and date of its discovery. In addition, any sightings of Caulerpa taxifolia should be reported to the Califomia Department of Fish and Wildlife (William Paznokas at (858) 467-4218 (wpaznokas@dfg.ca.gov) or the National Marine Fisheries Service (Bryant Chesney (Bryant.Chesney@noaa.gov)) within 24 hours of discovery. Further information regarding Caulerpa taxifolia sightings can be obtained at www.sccat.net. Should no Caulerpa be observed during the Project, the Applicant must notify the Regional Board of this fact when all construction has been completed. Please contact Wanda Cross at (951) 782-4468 concerning issues related to Caulerpa taxifolia. 3) The Project proponent shall utilize BMPs during Project construction to minimize the controllable discharges of sediment and other wastes to drainage systems or other waters of the State and of the United States, 4) Substances resulting from Project -related activities that could be harmful to aquatic life, including, but not limited to, petroleum lubricants and fuels, cured and uncured cements, epoxies, paints and other protective coating materials, portland cement concrete or asphalt concrete, and washings and cuttings thereof, shall not be discharged to soils or waters of the State. All waste concrete shall be removed from the Project. 5) Motorized equipment shall not be maintained or parked within or near any stream crossing, channel or lake margin in such a manner that petroleum products or other pollutants from the equipment may enter these areas under any flow conditions. Vehicles shall not be driven or equipment operated in waters of the State onsite, except as necessary to complete the proposed Project. No equipment shall be operated in areas of flowing water. 6) This 401 Water Quality Certification is subject to the acquisition of all local, regional, State, and federal permits and approvals as required by law. Failure to meet any conditions contained herein or any the conditions contained in any other permit or approval issued by the State of California or any subdivision thereof may result in appropriate enforcement action, including the revocation of this Certification and imposition of administrative civil or criminal liability. 7) Best management practices to stabilize disturbed soils must include the use of native plant species whenever feasible. 8) The Applicant shall ensure that all fees associated with this Project shall be paid to each respective agency prior to conducting any onsite construction activities. 00-3340-5 DATE California Regional Water Quality Board 401 Permit CENTRAL AVENUE PUBLIC DOCK Mr. Chris Miller 5 August 22, 2016 City of Newport Beach SARWQCB # 302016-12 9) Effective perimeter control BMPs must be in place at all times to control the discharge of pollutants from the Project site during construction. Construction waste must be contained and protected against wind and exposure to storm water at all times unless being actively handled. Chemical, fuel, and lubricant containers must be kept closed and protected from damage or upset at all times unless being actively used. Dirt and landscaping material stockpiles must have effective erosion control BMPs in place to prevent their being transported in storm water or directly into the channel, and may not be located within waters of the United States. Discharges of wastewater from the site are prohibited. Under California Water Code, Section 1058, and Pursuant to 23 CCR §3860, the following shall be included as conditions of all 401 Water Quality Certification actions: (a) Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to Section §13330 of the Water Code and Article 6 (commencing with Section 3867) of this Chapter. (b) Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a FERC license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to Subsection §3855(b) of this Chapter and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. (c) Certification is conditioned upon total payment of any fee required under this Chapter and owed by the Applicant. If the above -stated conditions are changed, any of the criteria or conditions as previously described are not met, or new information becomes available that indicates a water quality problem, the Regional Board may require that the Applicant submit a Report of Waste Discharge and obtain Waste Discharge Requirements. In the event of any violation or threatened violation of the conditions of this Certification, the holder of any permit or license subject to this Certification shall be subject to any remedies, penalties, process or sanctions as provided for under State law. For purposes of Section 401(d) of the Clean Water Act, the applicability of any State law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Certification. Violations of the conditions of this Certification may subject the Applicant to civil liability pursuant to Water Code Section 13350 and/or 13385. 00-3340-6 DATE California Regional Water Quality Board 401 Permit CENTRAL AVENUE PUBLIC DOCK Mr. Chris Miller .6. August 22, 2016 City of Newport Beach SARWQCB # 302016-12 This letter constitutes a Water Quality Standards Certification issued pursuant to Clean Water Act Section 401. I hereby issue an order certifying that any discharge from the referenced Project will comply with the applicable provisions of Sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 308 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board Order No. 2003-0017-DWQ (Order No. 2003-0017- DWQ), "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received Water Quality Certification' which requires compliance with all conditions of this Water Quality Standards Certification. Order No. 2003-0017-DWQ is available at: www.waterboards.ca. gov/board_decisions/adopted_orders/water_quality/2003Avgo/wgo 2003-0017.pdf Should there be any questions, please contact Marc Brown at or (951) 321-4584 or marc.brown@waterboards.ca.gov, or Wanda Cross at (951) 782-4468 or wanda.cross@waterboards.ca.gov. Sincerely, �. lrf -_ P Kurt V. Berchtold Executive Officer cc (via electronic mail): Moffatt & Nichol — Tonle McMahon — tmcmahon@moffattnichol.com U.S. Army Corps of Engineers, Los Angeles Office - Stephen Estes State Water Resources Control Board, OCC - David Rice California Department of Fish and Wildlife — Russell Barabe — rbarabe(a),dfg.ca.gov State Water Resources Control Board, DWQ-Water Quality Certification Unit - Bill Orme U.S. EPA -Supervisor of the Wetlands Regulatory Office WTR-8 — Jason Brush 00-3340-7 DATE California Regional Water Quality Board 401 Permit CENTRAL AVENUE PUBLIC DOCK SECTION 00 3350 USACE PERMIT PART 1 -GENERAL 1.1 DESCRIPTION A. This project is authorized under a United States Army Corps of Engineers Section 10 Permit. All work shall comply with conditions therein. A copy of the permit is attached following this page. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION 00-3350-1 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK DEPARTMENT OF THE ARMY 4� LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS . 4� 915 WILSHIRE BOULEVARD. SUITE 930 6 LOS ANGELES. CALIFORNIA 90017 August 17. 2016 Cluis \tiller City of Nvxport Beach. Harbor Resources Division 100 Civic Center Drive Newport Beach. C'ahfonma 92660 Dcar. Nlr. Miller: I any responding to your application. dated April 15. 2016. for a Deparnnent of the Array (DA I permit to place structures in or conduct work in. over. under. or affecting navigable haters of the United States. in association with the Newport Public Dock at Central Avenue hnstallation Project (Corps File No. SPL -2016 -00367 -SME). The proposed project would be located bayside of the norther tenninls of Central ?.venue. within Newport Bay. in the city of Newport Beach. Orange County. California. Enclosed is a 'Provisional Letter of Permission" (provisional LOP) issued p1USnallt to section 10 of the Rivers and Harbors Act of 1899. This provisional LOP is NOT VALID and does not constitute authorization for you to do work. The provisional LOP describes the work that will be authorized. including general and special conditions which will be placed on your final DA permit, should you receive a Coastal Zone Nlanagellneut Act (CZNIA) consistency concurrence fl'oill the California Coastal Conmlission (C'C'C ). No work is to be performed until you have received a validated copy of the DA pennit. By Federal law. no DA pernnit can be issued Until the state has concurred with a permit applicants C ZNIA consistency certification. This requirement call be satisfied by obtaillilg C ZNIA consistency concurrence. or providing evidence that six nnontlls have passed since you applied to the CC C' for concurrence. Be aware that any conditions placed on your CZ.N[A cousistellcv concurrence will bcconme couditious on your DA pennmit. unless tlne Li.S. Almy Corps of Engineers (Corps) deems these conditions to be either unreasonable or unenforceable. WHEN YOU REC'EWE C'ZNLA C'ONSISTENC'Y C'ONCL-RRENC'E, THE FOLLOWING STEPS NEED TO BE CONIPLETED: 1. You must sign and date both copies of the provisional LOP indicating that you agree to comply with all conditions stated in the penlnt. '_. You must include your panne and title (if any) and it roust be typed or priced below- the siziature. 3. You roust rerun both sigtled copies of the provisional LOP to the Corps at the above address (Attention: C'ESPL-RGS-O). 00-3350-2 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK 4. You Hurst send the C'ZNL-k consistency concurrence to the Corps with the signed copies of the provisional LOP. Should the CMA consistency concurrence contain conditions which night result in a modification to the provisional LOP. by signing and dating both copies of the provisional permit and retu mme it to the Corps (alone with the CZMA concturence). I will assume the applicant agrees to comply with all C'ZMAA conditions which are added to the final DA permit. Also. should the CCC deny the required CZMA consistency concurrence. the DA permit is considered denied without prejixhce If you subsequently obtain CZMA concturence, you should contact me to determine how to proceed with your permit application. Thank- you for participating in the Regulatory Program, If you have any questions. please contact me at 213-452-3660 or via e-mail at Stephen_%I.Estes((3tuace.aruiy.nil. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at http' corpsmapu usace armv pit cma2ex f'p--regttlatory sun•ey. Sincerely. ESTES.STEPH EN.M.138563 9275 Stephen M. Estes agiuty op db1 UTEW1 P1*/ V. 1 3856192 CN. ca.5, c-w.i Gcvumm9nt bJ-DOU, JJ-F1J. W-U5i m-ESfFiSTEPc1E M M.1 38S63 92 s W lo- 28l6i6 1 ] 1635 1 O,DY Senior Project Manager Orange and Riverside Counties Section South Coast Branch Regulatory Division Eric lovues 00-3350-3 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. U.S. ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD. SUITE 930 LOS ANGELES. CALIFORNIA 90017 Ausurst 1'. 2016 Chris Miller City of Neaaport Beach. Harbor Resources Division 100 Civic Center Drive Newport Beach. California 92660 Dear Nit. Miller: I am responding to your request for a Department of Army permit for the NeHport Public Dock at Central Avenue Installation Project (Corps File No. SPL -2016-00367 SNEE), located bayside of the northern terminus of Central Avenue. within Newport Bay. in the city of Newport Beach - Or ange eachChange County. California at approximately 33.61990. -11'.93913 (Figures 1 and 2). [ander the provisions of section 10 of the Rivers and Harbors Act of March 3. 1899 (33 U.S.C. 403). you are hereby authorized to conduct the work described below. Specifically. and as shown on the attached drawings maps. you are authorized to install a 1.112 -square -foot dock (840 - square -foot floating dock. 200 -square -foot gangway. 40 -square -foot landside gangway platform_ and 32 -square -foot gangway landing float) and four concrete or steel pipe piles (Figure 3). You must siza and date this Letter of Permission (LOP) indicating you agree to the work as described and will comply with all conditions. The signed LOP rrmrst be returned to the Corps Regulatory Division. In addition- please use the two attached pages to notify this office as to the dates of commencement and completion of the activity. Furthermore. you are hereby advised that the Corps of Engineers has established an Admimistrative Appeal Process which is fiilly described in 33 CFR Part 331. The complete appeal process is diagrammed in the enclosed Appendix B. Thant you for participating is our regulatory program- If you have any questions. please contact meat 213-452-3660 or via e-mail at Stephen ki.Estes &usace.anny.ruril. Please help me to evaluate and improve the regulatory experience for others by completing the customer survey form at ll!w- col ssmanu u••ace army mnl cm apex f'p=reetAatory sun•ev. Sincerely. Stephen M. Estes Senior Project Manager Chanee and Riverside Counties Section South Coast Branch Regulatory Division Enclosures 00-3350-4 DATE USACE Permit PERMITTEE CENTRAL AVENUE PUBLIC DOCK DATE When the stntctures or work authorized by this permit are still in existence at the time the property is transferred. the tetnu and conditions of this LOP will continue to be binding on the new ownef(s) of the property. To validate the transfer of this permit and the liabilities associated with compliance with its teras and conditions. have the transferee sign and date below. TRANSFEREE DATE 00-3350-5 DATE USACE Permit -3- PERIM C0-NDMONS General Conditions: CENTRAL AVENUE PUBLIC DOCK 1. The time limit for completing the authorized activity ends on August 17, 2013. If you find that you need more time to complete the authorized activity. submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity. although you may make a good faith transfer to a third patty m compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer. you must obtain a modification of this permit from this office. Much may require restoration of the area. ±. If you discover arc preciously unknown historic or archeological reams while accomplishing the activity authorized by this pen -nit. you must immediately notify this office of what you have found. We will initiate the Federal and state cootdivation required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit. you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Furthermore. you must comply with the following non -discretionary Special Conditions: Special Conditions: This permit is contingent upon the issuance of a Coastal Zone A•lanagemem Act (CZNU) consistency certification. The Permittee shall abide by the tetras and conditions of the CZ\LA consistency certification. The Permittee shall submit the C'ZILA consistency certification to the Corps Regulatory Division (preferably via email) within tura weeks of receipt from the issuing state agency The Permittee shall not proceed with construction until receiving an e-mail or other written notification from Corps Regulatory Division acknowledging the CZNL-k consistency certification has been received. reviewed. and detemuned to be acceptable. If the California Coastal Comnussion fails to act on a valid request for concurrence with your 00-3350-6 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK -4- certification within six months after receipt. please notify the Corps so we may consider nvhether to presume a concurrence has been obtained. '. The permitted activity shall not interfere with the right of the public to free navigation on all navigable waters of the United States as defined by 33 CTR- Part '29. 3. No earthwork is authorized by this LOP. 4. Creosote treated pilings shall not be placed in navigable waters unless all of the following conditions are met: A. The project involves the repair of existing structures that were originally constructed using wood products. B. The creosote treated pilings are wrapped in plastic: C. Measures are taken to prevent damage to plastic waapping from boat use. Stich measures may include installation of nib strips or bumpers; D. The plastic urappine is sealed at all joints to prevent leakage: and E. The plastic material is expected to maintain its integrity for at least ten years. and plastic wTappings that develop holes or leaks must be repaired or replaced in a timely manner by the Pelwittee. 5. No other modifications or work shall occur to the stnuture peimitted herein 6. A pre -construction survey of the project area for Cmrlcipa tadfolia (C'aulerpa) shall be conducted in accordance with the Caulerpa Control Protocol (see httpultnc wrestcoast fisheries noaa gov vtrblications habitat ciulerV,,i taxifolia'cauleipa coatro I protocol 4 .pd fl not earlier than 90 calendar days prior to planned construction and not later than 30 calendar days prior to construction- The results of that survey shall be furnished to the Corps Regulatory Division. ATOAA Fisheries. and the California Department of Fish and Wildlife (CDFW) at least 15 calendar days prior to initiation of work in navigable waters. In the event that C'auleipa is detected within the project area. the Penuittee shall not commence work until such time as the infestation has been isolated treated, and the risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division. in consultation with NOAH Fisheries and C'DFAV. The Permittee shall discharge only clean construction materials suitable for use in the oceanic envuonment. The Pei=ttee shall ensure no debris. soil. silt. sand. sawdust. nebbish. cement or concrete washings thereof oil or petroleum products. from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the United States. Upon completion of the project authorized herein any and all excess material or debris shall be completely removed from the work- area and disposed of in an appropriate upland site. 00-3350-7 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK -5- S. The Pemtittee shall notify the Corps Regulatory Division of the date of commencement of operations not less than 14 calendar days prior to commencing work. and shall notify the Corps of the date of completion of operations at least fire calendar days prior to such completion. 9. To enure navigational safety. the permittee shall provide appropriate notifications to the U.S. Coast Guard (' SCG) as described below: Commander. 11th Coast Guard District (dpw) Telephone: 510-43'-2980 E-mail: dl lLNNt&.uscg.nuil Website: http: %w usce.nrilAp huaurequest.asp USCG. Sector LA -LB (COTP) Telephone: 310-521-3860 E-mail: iohn.p-hennigan?puce-mil A. The Pennittee shall notify- the USCG. Commander. 11th Coast Guard District (dpw) and the USCG. Sector LA -LB (COTP) (contact information shown above). not less than 14 calendar days prior to commencing work and as project infomration changes The notification shall be provided by e-mail with at least the following information. transmitted as an attached Word or PDF file: 1) Project description including the type of operation (i.e. dredging. dicing- construction. etc). 2) Location of operation. including Latitude' Longitude (NAD 83). 3) Work start and completion dates and the expected durratiou of operations. The USCG needs to be notified if these dates change. 4) Vessels involved in the operation (name. size and type). 5) VF1F-FNi radio frequencies monitored by vessels on scene. 6) Point of contact and 24-hour phone number. ?) Potential hazards to navigation 8) Chart number for the area of operation. 9) Recommend the following language be used in the Ulll: "Ma inefs are uuged to transit at their slowest safe speed to numm, e wake, and proceed with caution after passing arrangements have been made." B. The Permittee and its contractor(s) shall not remove. relocate. obstruct. willfully damage. make fast to. or interfere with any aids to navigation defined at 33 C'-F.R. chapter L subchapter C. part 66. The Permittee shall ensure its contractor notifies the Eleventh Coast Cnuard District in writing. with a copy to the Corps Regulatory Division. not less than 30 calendar days in advance of operating any equipment adjacent to any aids to navigation that requires relocation or removal. Should anv federal aids to navigation be affected by this project. the Pernuttee shall submit a request. in waiting. to the Corps Regulatory Division as 00-3350-8 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK M well as the USCG. Aids to Navigation office (contact informmation prodded above). The Permittee and its contractor are prohibited from relocating or removing any aids to navigation until authorized to do so by the Corps Regulatory Division and the USCG. C. Should the Permittee determine the wort: teciuires the temporary placement and use of private aids to navigation in navigable waters of the U.S.. the Permittee shall submit a request in writing to the Corps Regulatory Division as well as the USCG. Aids to Navigation office (contact information provided above). The Permittee is prohibited from establishing private aids to navigation in navigable waters of the U.S. until authorized to do so by the Corps Regulatory Division and the USCG. D. the COTP may modify the deployment of marine coustr ction equipment or mooring systems to safeguard navigation during project construction- The Permittee shall direct questions corcerrmiae ltghting. equipment placement. and mooring to the appropriate C'OTP. 10. Within 30 calendar days of completion of the project authorized by this permit. the Permittee shall conduct a post -project survey indicating changes to structures and other features in navigable waters. The Pernittee shall forward a copy of the survey. as well as a copy of this permit. to the Corps Regulatory Division (via e-mail at: Reeulator'SPL ciusace.armv.nmil) and to the National Oceanic and Atmospheric Administiation for updating nautical charts (via a-nmail at: Chris Libeau4[Tnoaa.gov). Post -project stuve)s as -built plans should be provided electronically in two formats: pts (xyz) and one of .pdf CAD. or GLS. Include the following header metadata: project name, surveyor's name and company, area surveyed (acres). type of survey method. date of survey. geographic control points (for example: latitude9ongitude. plane coordinates). geographic coordinate system (use N aD83). geographic projection, units (use US Survey Feet). and tide gage location. For all subsurface structures and dredge projects include elevation (z coordinate) datum indicated as a negative below ZNMIA .. and also indicate the survey system and bin sizes as appropriate. 11. The Permittee understands and agrees that. if future operations by the United States require the removal, relocation- or other alteration- of the structure or work herein authorized. or if in the opinion of the Secretary of the Army or his authorized representative. said structure or work shall cause unreasonable obstruction to the fiee navigation of the navigable waters. the Permittee will be required, upon dire notice from the Corps Regulatory Division- to remove. relocate. or alter the structural work or obstructions caused thereby. without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 12. This Corps permit does not authorize you to take any threatened or endvmgered species. in particular the Cahfornia least tern (S'totrrin antillatum browns) or adverselj: modify its designated critical habitat. In order to legally take a listed species. you must have separate authorization murder the Endangered Species Act (ESA) (e.g. ESA section 10 permit. or a Biological Opinion (BO) under ESA section ?. with "incidental take" provisions with which you 00-3350-9 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK 7 - must comply). Pursuant to the U.S. Fish and Wildlife Service (USFWS) 'Wildlife and Sport Fish Restoration Proermn Environmental Compliance Evaluation Form" for the proposed project. the USFWS has determined and the Corps Regulatory Division has concurred that you activity is not likely to adversely affect the above species. 13. Within 45 calendar days of completion of authorized work in waters of the United States. the Permittee shall submit to the Corps Regulatory Division a post -project implementation memorandum including the following lfoiutaticu: A. Date(s) work within waters of the United States was initiated and completed. B. Summary of compliance status with each special condition of this permit (including any noncompliance that previously occurred or is currently occurring and corrective actions taken or proposed to achieve compliance): C. Color photographs (including map of photopoints) taken at the project site before and after construction for those aspects directly associated with permanent impacts to Haters of the U.S. such that the extent of authorized fills can be verified; D. One copy of"as built" drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred. All sheets must be sided. dated, and to -scale. if submitting paper copies. sheets Hurst be no larger than l I x 17 inches: and E. Sieved Certification of Compliance (attached as part of tins permit package). Further hiformation: 1 Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Riven and Harbors act of 1899 (33 U.S.C. 403). ?. Limits of this authorization a. This permit does not obviate the need to obtain other Federal- state. or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Linnts of Federal liability In issuing this permit. the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 00-3350-10 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c Damages to persons. property. or to other permitted or unpermitted activities or str crares caused by the activity authorized by this permit. d. Design or constitution deficiencies associated with the permitted work. e. Damage claims associated with any fuhure modification. suspension. or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Re-evaluation of permit Decision. This office may re-evaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a re-evaluation include. but are not limited to. the followine: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false. incomplete. or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a re-evaluation may result in a determination that it is appropriate to use the suspension. modification. and revocation procedures contained in 33 C.F.R 325.7 or enforcement procedures such as those contained in 33 C.F.R. 326.3 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office. and if you fail to comply with such directive. this office may in certain situations (such as those specified in 33 C.FR. 209.170) accomplish the corrective measures by contract or otherwise and bill YOU for the cost. 6. Extensions. General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances regttiring either a prompt completion of the authorized activity or a re-evaluation of the public interest decision. the Corps will normally give you favorable consideration to a request for an extension of this time limit. 00-3350-11 DATE USACE Permit r r \ �r7 I 1 r L 4 LOS.-LVGELES D1S7RICT US. ARAD' CORPS OF ENGL4TER5 CENTRAL AVENUE PUBLIC DOCK NOTIFTCATIO.NOF COA E\CEMENT OF 11 ORK FOR DEP ARTl10E.NT OF THE ARMY PER\IIT Permit .Number: SPL-2016-00367-St1E .Name of Permittee: Chris L1iUm, 00, ofA'ewPar Bench, Harbor Resounres Division Date of Issuance: August 17, ?016 Date work in slaters of the U.S. uill commence: Estimated consnvction period (in weeks): Name & phone of conn -actor (if any): Please note that your permitted activity is subject to a corupli ce inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to pwmt suspension, modification, or revocation - I hereby certify that L and the contractor (if applicable), have read and agree to comply with the terms and conditions of the above referenced pernut. Sienature of Permittee Date At least ten (10) days prior to the commencement of the activity authorized by this permit. sign this certification and return it using any ONE of the following three (3) methods: lD m (1) E-MAIL a statement including all the above information to: Stephen M Estes(dusace.army mil (2) FAX this certification, after signing, to: 213-452-4196 (3) hIAIL to the following address: U.S. Army Corps of Engineers Regulatory Division ATTN: CESPL-RG-SPL-2016-00367-,SME 915 Wilshire Boulevard. Suite 930 Los Angeles, California 90017 00-3350-12 DATE USACE Permit LOS.-LVGELES D15TRICT US. AR AO' CORPS OF DiGLYEERS CENTRAL AVENUE PUBLIC DOCK NOTIFICATION OF C'OMPLETIO'NOF WORK AND CERTIFICATION'OF C:ONIPLLL\CE «TFH DEPART1fEINT OF THE ARM PERMIT Permit Number: SPL -3016 -00367 -SME Name of Permittee: Chtis 4filler; City gf.Mnryort Beach Harbor Resources Division Date of Issuance: August 17, 3016 Date n•ork in maters of the U.S. completed: Construction period (in weeks): Name & phone of contractor (if ,my): _ Please note that your permitted activity is subject to a compliance inspection by an Almy Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation I hereby certify that the work authorized by the above referenced pernut has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Upon completion of the activity authorized by this permit, sign this certification and return it using any ONE of the following three (3) methods: X2 Tq 1) E-MAIL a statement including all the above information to: StMhen.11.Estes &,,msace.annv.mil (2) FAX this certification, after signing, to: 213-452-3196 (3) NIAM to the following address: U.S. Army Corps of Engineers Regulatory Division A=: CESPL-RG-SPL-2016-00367-Sim 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017 00-3350-13 DATE USAGE Permit CENTRAL AVENUE PUBLIC DOCK all N Lu z J Y � U U w U mzma �aaz O1,-wa�n aaD6, �wZ<.,. w C)WUJ u.OQZ`O 0UJw LL (Y U za ww U= Y J m 00-3350-16 DATE USACE Permit �, G, y � 9 J � G N = a m y N ^l O W� W SU N Lu z J Y � U U w U mzma �aaz O1,-wa�n aaD6, �wZ<.,. w C)WUJ u.OQZ`O 0UJw LL (Y U za ww U= Y J m 00-3350-16 DATE USACE Permit �, CENTRAL AVENUE PUBLIC DOCK NOTIFICATION OF ADAMTSTRATWE APPE.4L OPTIONS AiS-D PROCESS IND REQUEST FOR APPEAL Applicant: Chris Miller- City ofNewport File Number: SPL--016-00+6_-S\E Date: 081`1016 Beach Attached is: See Section below 1 iNITL-IL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Pemusriou) B PER\ffr DEAZ-%L C APPROVED XRISDICTIONAL DETERMINATION D PRELD ]NARY JL'RISDIC'TIONAL DETERIMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htq).7//ivit,u,.usace.g=.niil(ctLML/oge&kegmaterials.a x or Corps regulations at 33 CFR Part 331. .-1: INITLAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you receiaed a Standard Pe»wt you may sign the permit dovnxnt and return it to the district engmeo for final authorization. If you received a Letter of Permission (LOP). you may accept the LOP and your work is autlormzed Your apiatme on the Standard Permit or acceptance of the LOP means that you accept the pernnt in it. entnery. and naive all rig]us to ap gal the peimmt including its terim and conditions, and approcedjuridreaonal deternnnariom a;>octated with the permnt. • OBJECT. If you object to the permit (Standard or LOP) became of certain term, and cotadinons dierern. you way request that the pertain be modified accoidwgly. You must complete Section II of thus form and return the form to the district engineer. Your objections must be received by the district engineer within 60 day of the date of tin, nonce, or you will forfeit pow right to appeal the permit in the future. Upon receipt of your letter. the district eugmeei will evaluate v our objection; and may: (a) modify the permit to address all of your concerns. (b) modify the permit to address some of your objections. or (c) not modify the permit haaine determined that the peanut should be nsued as piea-iomly written After eaaluanne your objecuom. the district engineer will send you a proffered permit for your reconsideration. as indicated in Section B below B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you recened a Standard Permit you may sign the permit document and return it to the clLnmct engineer for fwa.i authorization. If you received a Letter of Peimusion (LOP). you mac accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in iG entirety. and waive all neht•-. to appeal the permit rncludwg its termu and cotaditiom. and approvedjuridtcaona] deternummom associated with the pernut. • APPEAL: If you choose to decline the proffered penmt (Standard or LOP) became of cenaw terms and condition; therein you may appeal the declined permit under the Corps of Enaneer Administrative Appeal Process by completing Section E of thrs form and sending the form to the division engineer. This form mru be recened by the diamson engineer within 60 day: of the date of this notice. C . PERDIIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Adinarztran a Appeal Proce.: oy completing Section II of this form and ending the form to the dMaon engineer. Thu form mot be received by the dinsron engineer within 60 dans of the date of this notice. IT APPROVED RMSDIC'TIONAL DETER-MII ATION: You may accept or appeal the approved JD or provide new information- • ACCEPT. You do not need to notify the Corps to accept an approved JD. Failure to notify the Cote wmthin 60 day-, of the date of thus nonce. means that you accept the approved JD in its entirety. and wane all nght to appeal the approved JD • APPEAL: If you dragree with the approard TD. you may appeal the approved JD under the Corps of Enemeer: Admiwst ative Appeal Process by completing Section II of this form and sending the form to the dnmsion engmeo. Thu form Haut be received by the drmmsion engwcer within 60 days of the date of thu notice. 00-3350-17 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK E: PRELINM;ARY JL'RISDICTION'AL DETERMINATION: You do not need to respond to the Corps regarding the prehurinary JD. The Preliminary JD is not appealable. If you wish. you may request an approved JD (which may be appealed) by contacting the Corps district for further instruction. Also. you may provide new infomration for fiuther consideration by the Corps to re-evaluate the JD. SECTION H - REQUEST FOR APPEAL or OBJECTIONS TO AN IIJIML PROFFERED PERMIT REASON'S FOR APPS U OR OBJECTIONS: (Describe your reasons for appealing the deuton or your objection; to an initial proffered penuu in clear cone statement:. You map attach additional information to this foam to clarify where coot reason: or objections are addressed in the admimstran%v record) ADDITIONAL E TFOR` iMON: The appeal is limited to a review of the admin -t amE record the Corp-. mennorandum for the record of the appeal conference or meeting, and anv supplemental information that the review officer has dete>mned is needed to clarify- the admrmstiative record Neither the appellant nor the Corps map add new information or analyses to the record However. You mvY pro,%ide additional information to clanfv the location of infomnanon that is alreadv in the adn anistran m record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION - If you have question regarding flus deaston and'or the appeal If you only bane question regarding the appeal process you process you may contact: ivy also contacr Stephen M. Estes Thonvs I Ca}an' ;h semor project Manage Aduunistiame ?Appeal Renew Office Orange and Rn erude C'ouunes Section U S Arnia• C erps of Engineers South Coast Branch Regulatom Dma ou Soulh Pacific Dnistou U s army Cetps of Etr=naeers. Los Angeles Dimcs 1455 Market Street.:OS.B 915 Washnre Boulevard Suite 930 Sm Francisco. California 94103-1399 Los Angeles. Califori a 9G01-,- Phan=-. (415) SOM574 Fax: (415) 503-6646 Phone: (213) 4523660 Entad. thomas.i.cacanaugh: riwe atary=1 Email. steohenmestes �tu;3ce atmv nn] RIGHT OF 'TRI-: Yom ugmature below grants the nght of=ffi to Corps of Engineer: personnel. and any government consultants, to conduct investigation of the project site ding the cowui of the appeal process. You will be provided a 15 -day notice of any site mvestiganon. and will have the opportunity to participate in all site mYesn_gatton. Date: Telephone member: Signature of appellant or agent. SPC vaxstan revisal Decenbet 17. _010 00-3350-18 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK Administrative Appeal Process for Approved Jurisdictional Determinations Arprovod .ID'+ald for 5 YadI3 Yna Dn!u 1 nataa nau noxorted JD. YM > : cm a.; c •.uih. ;peal r•r:.cess aocdbnt mua !"Ise HFA ::ae appondy U 1 : <ISl 2nrJneer a deL�ee in is deaden to d sthd ,II-JedcYi�Ir4dloni for `?'ari: Oareaon Fppeel process comdeted. Appendix C D sir" .:trYs Bi:read Jupad o4asrJ Ua0.anl n0:Uil LD to n�pu;,yy'Y3t14w'xr vh IVN UoaC applq^Iean[LN.'nq e:aal eaGrarod JD? _ Ma Pppicantoand.n'nor rnrf-5 nr-.� nlarrebon? + Ns Appl:an dneid,S rosl:peW able ed JD Appfr-.srJ wtmis RFA to dhison engrxar Nilhn 00 ds" of date or NAF Caps rcocss RFA and ndlnes appelant 0 mn :o days 7 raaspt q RFA a.: plade7 �V yes OGli:nal JD+�lieals 4aatng and'nr fete -0'/Oa4glt�0n RO reNa•NitKUO and die diol L•r, enp�?er (Chdesi4nael rendet6 a datl5141 M UlE 7an:: of the apreal'eiihtn 911 dais d incept o' n i aefepla Me RFA Does Ore appeal line rMFV Yca Nu Udras oeason s 1pbelo: eloped! tavr_as caopetN 00-3350-19 DATE USACE Permit CENTRAL AVENUE PUBLIC DOCK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUPPLEMENTAL PROVISIONS CENTRAL AVENUE PUBLIC DOCK CONTRACT NO. C-8197-1 Owner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 (949)644-3311 Marine (Civil) Engineer Moffatt & Nichol 3780 Kilroy Airport Way Long Beach, CA 90806 (562)426-9551 CENTRAL AVENUE PUBLIC DOCK SUPPLEMENTAL PROVISIONS TABLE OF CONTENTS Introductory Sections 00-0001 Title Page........................................................................................................................... DATE 00-0005 Table of Contents............................................................................................................... DATE Information Available to the contractor 00 3320 Coastal Development Permit .................................. 00 3340 California Regional Water Quality Board 401 Permit 00 3350 Army Corp of Engineers 404 Permit ....................... Division 1 -General Requirements 01 1100 Summary of the Project .......................................... t d C d' t' ..................................................... DATE ..................................................... DATE ..................................................... DATE 01 3100 Prosect RA an oor ina ion ............................... 1 4100 Regulatory Requirements...................................................... 01 5500 Construction Vehicular Access and Parking ........................ 01 7700 Contract Closeout Procedures ............................................. Division 2 -Existing Conditions 02 4113 Selective Site Demolition...................................................... Division 3 -Concrete 03 3300 Cast In Place Concrete ..................................................... Division 5 -Metals 05 5000 Metal Fabrications............................................................ 05 5220 Handrails and Railing........................................................ ........................ DATE ........................ DATE ........................ DATE ........................ DATE ........................ DATE ....... DATE ......... I..... DATE ..... DATE ..... DATE Division 10 -Specialties 10 1400 Signage............................................................................................................................. DATE Division 31 — Earthwork 31 6237 Marine Precast Concrete Piles .. 31 XXX Pipe Pile .................................... Division 35 — Marine Construction 35 5135 Floating Dock .............................. 35 5140 Gangway ..................................... DATE DATE ........... DATE ........... DATE 00-0005-1 Table of Contents SECTION 01 1100 SUMMARY OF THE PROJECT PART 1 -GENERAL CENTRAL AVENUE PUBLIC DOCK 1.1 GENERAL A. Project Title: CITY OF NEWPORT BEACH, CENTRAL AVENUE PUBLIC DOCK. B. Project Location: Northerly to annex of Central Avenue from Via Lido, as shown on the Vicinity Map in the Drawings. C. The Project: Installing piles, platform, gangway, and floating dock within and adjacent to Newport Harbor. D. Owner: City of Newport Beach, California (referenced in the Specifications as the "Owner" or "City"). 1.2 WORK INCLUDED IN THE CONTRACT A. The Work shall include improvements described in Drawings titled Central Avenue Public Dock. B. The Project Schedule includes a period between the First Notice to Proceed and the Second Notice to Proceed. The Contractor shall utilize this time to prepare shop drawings, acquire permits and prepare design documentation for work that occurs in the early phases, and for long lead items. C. The Work entailed in this project is subject to the conditions and restrictions described in the government permits and approvals included in section 00 3320 Coastal Development Permit, Section 00 3340 California Regional Water Quality Board 401 Permit and Section 00 3350 Army Corps of Engineers 404 Permit. D. Environmental Considerations: This project is being constructed in an environmentally sensitive area, so extra care must be taken to comply with regulations and best practices. Additional environmental considerations are specified in Section 01 3543 Environmental Management Procedures. E. Additional Information Available to Contractor: Section 00 3320 Coastal Development Permit. 2. Section 00 3340 California Regional Water Quality Board 401 Permit. 3. Section 00 3350 Army Corp of Engineers 404 Permit. Additional general information concerning the Project is provided on the Drawings. 1.3 CONSTRUCTION SEQUENCE AND SCHEDULING A. Construction Sequence and Scheduling: Contractor shall coordinate on-site and off-site Work to minimize traffic obstruction and interference with continuing activities on adjacent properties and thoroughfares. Sequence and scheduling of material removal, delivery and placement of piles and any access from the adjacent parcel in particular shall be coordinated. Establish access requirements for landside activities to avoid damage to existing improvements and ongoing construction. 1.4 PERMITS, LICENSES AND FEES 01-1100-1 DATE Summary of the Project CENTRAL AVENUE PUBLIC DOCK A. Permits: For Work included in the Contract, Contractor shall obtain all permits from Authority Having Jurisdiction (AHJ) and from serving utility companies and agencies. Building permit: Contractor shall file for and obtain Building and Fire Permits from the City of Newport Beach. Contract Sum shall not include cost of demolition permits. This will be a "no -fee' permit. B. Assessments: Costs of assessments and connection fees shall not be included in the Contract Sum. City will pay or waive all assessments and utility service connection fees. C. Licenses: Contractor shall obtain and pay for all licenses associated with construction activities, such as business licenses, contractors' licenses and vehicle and equipment licenses. All costs for licenses shall be included in the Contract Sum. D. Test and Inspection Fees: 1. Contractor shall pay all fees charged by City, County and special district authorities having jurisdiction and from serving utility companies and agencies, for tests and inspections conducted by those authorities, companies and agencies. City will reimburse Contractor for actual amount of such fees, without mark-up. 2. Contractor shall pay for all additional charges by testing and inspection agencies due to the following: a. Contractor's failure to properly schedule or notify Construction Manager. b. Changes in sources, lots or suppliers of products after original tests or inspections. C. Changes in means, methods, techniques, sequences and procedures of construction that necessitate additional testing, inspection and related services. d. Contractor submitted requests to change materials or products, which are accepted but require testing and/or re -inspection beyond original design. e. Costs of travel and per -diem to perform factory testing on sites over 50 miles from thejobsite. f. Costs of re -testing work due to failure of the original test. 1.5 CONTRACTOR'S USE OF SITE AND PREMISES A. Contractor's Use of Site and Premises: Except as described below, during the construction period the Contractor shall have full use of the premises for construction operations, including use of the site within Project Area. Contractor shall provide construction fencing and other barriers as necessary to separate the Project Area from existing facilities to remain occupied and accessible to City or its Contractors. 2. Use of Work area by Contractor shall not limit City's right to perform construction operations with its own forces or to employ separate contractors on portions of the Project, in accordance with the General Conditions of the Contract. Contractor shall coordinate the Work and make provision for site access and for storage and staging areas at the Work site to accommodate work under separate contracts by City. B. Site Access: Access to site shall conform to security and public safety requirements of authorities having jurisdiction. Do not restrict access to adjacent facilities and do not restrict access for those performing work under separate contracts for the City. C. Work Hours: Refer to General Provisions of the Contract. D. Construction Limits: Except where required by location, limit construction activities to areas within the extents of the seawall. Where construction access or activities must occur on the landside of the seawall, coordinate activities to minimize interference. 01-1100-2 DATE Summary of the Project CENTRAL AVENUE PUBLIC DOCK E. Site Access and Egress: Contractor shall maintain driveways and access/egress routes clear at all times. Use of these areas for parking or storage of materials is prohibited. Contractor shall sequence and schedule deliveries to minimize necessity for on-site storage of materials. Comply with requirements of public safety authorities having jurisdiction and requirements of airport operations. Protection of Existing Improvements and Facilities: Contractor shall protect property adjacent to the Project Area and all existing improvements and facilities within the Project Area, including paving and landscaping indicated to remain. 1. All existing improvements and facilities shall be protected with temporary barriers, enclosures and passageways. 2. After completion of Work, existing improvements and facilities shall be restored to original condition and location. Area used for landside construction and staging shall be cleaned and restored to presentable condition, as defined by the City. 3. Should existing improvements and facilities be damaged or soiled beyond renovation or repair, new products labor and material shall be provided by Contractor equivalent to existing products, as acceptable to City. 4. Site access for Work activities: Contractor shall obtain approval from City for site access routes and other provisions, such as restriction on times of usage, for personnel and materials. 1.6 COAST GUARD NOTIFICATION: A. The Contractor shall notify the Coast Guard not less than two (2) weeks prior to the start of construction. Notification shall be given to the following: Commander (POW) Eleventh Coast Guard District Building 50-6 Alameda, California 94501-5100, (510) 437-3514. B. This notification shall include the following information: 1. Description and location of Project. 2. Size and type of equipment that will be working on the waterways. 3. Telephone number for on-site contact with the Contractor's Superintendent and the City employee in charge of the project. 24 Hour emergency contact telephone number for person responsible for large watercraft such as floating cranes, dredges, and/or barges. 4. The schedule for completing the Project (schedule shall be approved by the City). The Coast Guard shall be notified of all potential hazards to navigation so the appropriate information can be included in the "Local Notice to Mariners." The Contractor shall not modify, relocate, or obstruct existing aids to navigation without prior written approval from the Coast Guard and the Engineer. The Contractor shall move all watercraft to safe anchorage, where other vessels and property will not be damaged by potential movement, and secure well in advance of high wind warnings. 1.7 WORK ON LAND SIDE OF PROJECT A. The work on the plans may require coordination with a Contractor performing work on the landside of the existing bulkhead. The Contractor shall coordinate activity with the designated representative of the landside Contractor, and perform all work to minimize the disruption their use of the site. 2. Provide a copy of the 21 day look ahead activity schedule to Landside Contractor. 3. Conduct periodic safety meetings on site with crews working in the same area. 01-1100-3 DATE Summary of the Project CENTRAL AVENUE PUBLIC DOCK 1.8 CITY'S USE OF SITE AND PREMISES A. City's Use of Site and Premises: City reserves the right to occupy unused areas of the site, prior to Substantial Completion, provided that such occupancy does not interfere with completion of the Work. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION 01-1100-4 DATE Summary of the Project CENTRAL AVENUE PUBLIC DOCK SECTION 00 3100 PROJECT MANAGEMENT AND COORDINATION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General requirements for coordination of the Work by Contractor with Engineer. B. Project meetings for coordination, monitoring of progress and resolution of construction issues, including: Preconstruction Conference. 2. Progress Meetings. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with work by City under separate contracts to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation under the Contract and for future work that may be noted. 4. If necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. B. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: Schedule of Values. 2. Site Utilization Plan. 3. Construction Progress Schedule. 4. Requests for Interpretation (RFIs). 5. Requests for substitution. 6. Submittals: Shop drawings, product data, and samples. 01-3100-1 DATE Project Management and Coordination CENTRAL AVENUE PUBLIC DOCK 7. Test and inspection reports. 8. Design -build drawings, product data, calculations and permits. 9. Manufacturer's instructions and field reports. 10. Contract closeout activities. C. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. D. Other construction activity may require access to the site and scheduling operations to allow for preparatory construction activity to occur. Contractor shall make arrangements necessary for activity to occur. 1.4 SITE UTILIZATION PLAN A. Provide a plan diagram indicating all major elements of construction activity, including access, parking, vehicle loading, security elements, materials storage, storm water management, equipment storage and signage. 1.5 PROJECT MEETINGS A. Project Meetings, General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Construction Manager and Engineer of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Construction Manager and Engineer, within 2 working days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Construction Manager and Engineer, but no later than 20 working days prior to construction mobilization. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Construction Manager, Engineer, and their consultants; Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Preliminary construction schedule. b. Phasing. C. Critical sequencing of Work under the Contract and work under separate contracts by City. d. Designation of responsible personnel. e. Procedures for processing field decisions and Change Orders. f. Procedures for processing Applications for Payment. g. Distribution of the Contract Documents. h. Submittal process and procedures. i. Acquisition of Building Permits. j. Preparation of Record Documents. 01-3100-2 DATE Project Management and Coordination CENTRAL AVENUE PUBLIC DOCK k. Use of the premises. I. Responsibility for temporary facilities and controls. M. Parking availability. n. Office, work, and storage areas. o. Security. p. Progress cleaning. q. Working hours. C. Progress Meetings: Conduct progress meetings at bi-monthly intervals, unless otherwise directed by the Engineer. Coordinate dates of meetings with preparation of payment requests. 1. Attendees: In addition to representatives of Construction Manager and Engineer, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. b. Review present and future needs of each entity present, including the following: 1) Permitting; 2) Interface requirements; 3) Sequence of operations; 4) Status of submittals; 5) Deliveries; 6) Off-site fabrication; 7) Access; 8) Site utilization; 9) Temporary facilities and controls; 10) Work hours; 11) Progress cleaning; 12) Quality and work standards; 13) Change Orders; and 14) Documentation of information for payment requests. 3. Coordination of Subsequent Work: At the direction of the Engineer, the contractor shall invite representatives of contractors performing subsequent work to attend the progress meeting and discuss the requirements of their preparatory activities. 4. Schedule Updating: Revise Construction Progress Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. 1.6 WORK UNDER SEPARATE CONTRACTS A. Work under Separate Contracts: Work related to the Project may be performed under separate contracts by City, serving utilities and public agencies. Storage area, parking and vehicular access may all be limited to accommodate all contractors. Work expected to be completed during the Construction includes, but is not limited to: 1. Construction on adjacent parcel of the improvements described as Central Avenue Public Dock. 2. Furnishings, fixtures and equipment being placed within the Project area. 3. Tenant Improvements with the leased space of Project area. 4. Additional work being performed by City crews. B. For Work performed under separate Contracts, Contractor shall: 01-3100-3 DATE Project Management and Coordination CENTRAL AVENUE PUBLIC DOCK 1. Coordinate staging and access to the work area. 2. Limit on-site storage of materials to the areas clearly delineated on the site utilization plan. 3. Conduct regular coordination meetings regarding the use of any landside and/or waterside facilities required. 4. Communicate restrictions and regulatory regulations relating to the Project. 5. Conductjoint safety meetings necessary to communicate anyjobsite related safety issues between the contractors. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION DATE 01-3100-4 Project Management and Coordination CENTRAL AVENUE PUBLIC DOCK SECTION 00 3543 ENVIRONMENTAL MANAGEMENT PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes: Special requirements for environmental management during construction operations. 2. Monitoring requirements. 1.3 DEFINITIONS A. Definitions pertaining to sustainable development: As defined in ASTM E2114. B. Environmental pollution and damage: The presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances; or degrade the utility of the environment for aesthetic, cultural, or historical purposes. 1.4 PRECONSTRUCTION MEETING A. Preconstruction Meeting: After award of Contract and prior to the commencement of the Work, schedule and conduct meeting attended by Engineer, Design Team and Contractor to discuss the proposed Environmental Protection Plan and to develop mutual understanding relative to details of environmental protection. Coordinate with Section 01 3100, Project Management and Coordination. Schedule meeting in conjunction with preconstruction meeting for Environmental Regulatory Requirements. Verify procedures and requirements necessary to ensure implementation of Environmental Protection Plan is coordinated with applicable environmental regulatory requirements. 1.5 SUBMITTALS A. Environmental Protection Plan: Not less than 10 days before the preconstruction meeting, prepare and submit an Environmental Protection Plan. Format: At a minimum, address the following elements: a. Identification of Project. b. Identification and contact information for Environmental Manager. C. General site information. d. Summary of Plan. e. Procedures to address water resources. f. Procedures to address land resources. g. Procedures to address air resources. h. Procedures to address fish and wildlife resources. i. Monitoring procedures. 01-3543-1 DATE Environmental Management Procedures CENTRAL AVENUE PUBLIC DOCK Revise and resubmit Plan as required by the Engineer. a. Approval of Contractor's Plan will not relieve the Contractor of responsibility for compliance with applicable environmental regulations. B. Reports for Field Quality Control. PART 2 - PRODUCTS - Not Applicable PART 3 - EXECUTION 3.1 FIELD QUALITY CONTROL A. Field Quality Control, General: Comply with requirements of agencies having jurisdiction and as specified herein. 2. Provide field practices, shipping, and handling of samples in accordance with ASTM D4840. B. Field Quality Control Reports: Provide in accordance with approved Environmental Protection Plan END OF SECTION 01-3543-2 DATE Environmental Management Procedures CENTRAL AVENUE PUBLIC DOCK SECTION 01 4100 REGULATORY REQUIREMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Codes, ordinances, laws and regulations applicable to the Work under the Contract. 1.3 AUTHORITY AND PRECEDENCE OF CODES, ORDINANCES AND STANDARDS A. Authority: All codes, ordinances and standards referenced in the Drawings and Specifications shall have the full force and effect as though printed in their entirety in the Specifications. B. Precedence: Where specified requirements differ from the requirements of applicable codes, ordinances and standards, the more stringent requirements shall take precedence. 2. Where the Drawings or Specifications require or describe products or execution of better quality, higher standard or greater size than required by applicable codes, ordinances and standards, the Drawings and Specifications shall take precedence so long as such increase is legal. 3. Where no requirements are identified in the Drawings or Specifications, comply with all requirements of applicable codes, ordinances and standards of authorities having jurisdiction. 1.4 APPLICABLE CODES, LAWS AND ORDINANCES A. Applicable Codes, Laws and Ordinances: As listed below. Refer also to Section 01 100, Summary of the Project, regarding permits and licenses, as well as Sections 00 3320, Coastal Development Permit, Section 003340, California Regional Water Quality Board 401 Permit, and Section 00 3350, Army Corps of Engineers 404 Permit. B. Building Codes: Performance of the Work shall meet or exceed the minimum requirements of California Code of Regulations (CCR), Title 24, including the following: a. CCR Title 24, Part 1: 2010 California Building Standards Administrative Code. b. CCR Title 24, Part 2: 2010 California Building Code (CBC), based on 2006 International Building Code (IBC) Volumes 1 and 2, with State of California Amendments. C. CCR Title 24, Part 3, 2010 California Electrical Code (CEC); based on 2005 National Fire Protection Association (NFPA) 70 -National Electrical Code (NEC), with State of California Amendments. d. CCR Title 24, Part 5: 2010 California Plumbing Code (CPC); based on 2006 Uniform Plumbing Code (UPC) with State of California Amendments. e. CCR Title 24, Part 10: 2010 California Existing Building Code; based on 2006 International Existing Building Code. f. CCR Title 24, Part 12: 2010 California Referenced Standards Code. 01-4100-1 DATE Regulatory Requirements CENTRAL AVENUE PUBLIC DOCK 2. Performance of the Work shall also comply with applicable requirements of current editions of California Code of Regulations (CCR) as follows: a. Title 8 -Industrial Relations. b. Title 19 -Public Safety. C. Title 22 -Social Security. 3. References on the Drawings or in the Specifications to "code", "Code" or "building code" similar terms, not otherwise identified, shall mean the codes specified above, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction having authority over the Project. 4. The applicable edition of all codes shall be that adopted at the time of issuance of permits by the authority having jurisdiction and shall include all modifications and additions adopted by that authority. The applicable date of laws and ordinances shall be that of the date of performance of the Work. C. Other Applicable Laws, Ordinances and Regulations: Work shall be accomplished in conformance with all applicable laws, ordinances, rules and regulations of Federal, State, County, City and special district agencies and jurisdictions having authority over the Project. Performance of the Work shall be accomplished in conformance with all rules and regulations of public utilities, utility districts and other agencies serving the facility. 3. Where such laws, ordinances, rules and regulations require more care or greater time to accomplish Work, or require better quality, higher standards or greater size of products, Work shall be accomplished in conformance to such requirements with no change to the Contract Time and Contract Sum, except where changes in laws, ordinances, rules and regulations occur subsequent to the execution date of the Agreement. PART 2 - PRODUCTS - Not Applicable PART 3 - EXECUTION - Not Applicable END OF SECTION 01-4100-2 DATE Regulatory Requirements CENTRAL AVENUE PUBLIC DOCK SECTION 01 5500 CONSTRUCTION VEHICULAR ACCESS AND PARKING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Requirements for vehicular access to Work areas. B. Requirements for construction parking. 1.3 RELATED SECTIONS A. Section 01 1100 -Summary of the Project: Contractor's use of site and premises. B. Section 01 3100 — Project Management and Coordination — Site Utilization Plan Requirements. 1.4 PROTECTION OF EXISTING CONDITIONS A. Protection of Adjacent Facilities: Contractor shall restrict Work to limits as specified in Section 01 1100 - Summary of the Project. Protect existing, adjacent facilities from damage, including soiling and debris accumulation. 1.5 SITE ACCESS A. Site Access: Use of designated existing on-site streets and driveways for construction traffic may be permitted if coordinated with and approved by the City. Haul routes and loading areas require approval from City of Newport Beach prior to site mobilization. Review access routes with Construction Manager and comply with Construction Manager's directions. 1. Tracked vehicles shall not use paved areas. 2. Provide unimpeded access for emergency vehicles. Maintain 20 foot (6 m) width driveways with turning space between and around combustible materials. 3. Provide and maintain access to fire hydrants free of obstructions. 4. At the direction of the engineer, clean and restore paving and other site features after construction use. B. Traffic Control: 1. Contractor shall comply with all traffic regulations, including speed limits. Contractor shall pay all parking and traffic fines. 2. Employ trained and equipped flag persons to regulate traffic when construction operations or traffic encroach on vehicular and pedestrian traffic lanes. Comply with regulations of authorities having jurisdiction. 01-5500-1 DATE Construction Vehicular Access and Parking CENTRAL AVENUE PUBLIC DOCK 3. Provide signage, cones and other suitable devices to direct traffic. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 1.6 CONSTRUCTION PARKING A. Construction Parking: Obtain approval from City of Newport Beach for parking plan prior to site mobilization. Review construction parking with Engineer and comply with Engineer's directions. Coordinate location of Parking with City of Newport Beach. 2. Do not park on public roadways. Overnight parking is prohibited. 3. Maintain clear access ways and parking for emergency vehicles, as required by local police and fire authorities. PART 2 - PRODUCTS - Not Applicable PART 3 - EXECUTION 3.1 MAINTENANCE OF PARKING AND ACCESS ROADS A. Maintenance: Maintain traffic and parking areas in a sound condition. Repair breaks, potholes, low areas, standing water and other deficiencies, to maintain paving and drainage in original or specified condition. B. Cleaning of Roadways and Parking Areas: Keep public and private rights-of-way and parking areas clear of construction -caused soiling, dust and debris, especially debris hazardous to vehicle tires. Perform cleaning as frequently as necessary. END OF SECTION 01-5500-2 DATE Construction Vehicular Access and Parking CENTRAL AVENUE PUBLIC DOCK SECTION 01 7700 CONTRACT CLOSEOUT PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Contract closeout procedures. 1.3 FINAL COMPLETION ACTIONS A. Final Application for Payment: In the Application for Payment that coincides with the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed substantially complete. B. Warranties, Bonds and Certificates: Submit specific warranties, guarantees, workmanship bonds, maintenance agreements, final certifications and similar documents. C. Locks and Keys: Transmit keys to padlocks used at Perimeter Fencing to City, as directed by Engineer. D. Tests and Instructions: Complete start-up testing of systems, and instruction of the City's personnel. Remove temporary facilities from the site, along with construction tools, mock-ups, and similar elements. 1.4 SUBSTANTIAL COMPLETION REVIEW A Contractor's Notification for Substantial Completion Review: When Contractor determines that the Work is complete in accordance with the Contract Documents, Contractor shall submit to Engineer, and Project Inspector written certification that the Contract Documents have been reviewed, the Work has been inspected by the Contractor and by authorities having jurisdiction, and the project is ready for Substantial Completion review. B. Preliminary Contract Closeout Review Meeting: As authorized by the Engineer, Architect and Architect's consultants and other responsible design professionals, as appropriate, will attend a meeting at the Project site to review Contract closeout procedures and to review the list of items to be completed and corrected (punch list) to make the Work ready for acceptance by the Engineer. This meeting shall be scheduled not earlier than 14 calendar days prior to the date anticipated for the Substantial Completion review. Correction (Punch) List: Contractor shall prepare and distribute at the preliminary Contract closeout review meeting, a typewritten, comprehensive list of items to be completed and corrected (punch list) to make the Work ready for acceptance by Engineer, as well as a list of items to be completed as a condition of the Building Permit. The punch list shall include all items to be completed or corrected prior to the Contractor's application for final payment. The punch list shall identify items by location and consecutive number. Engineer, and other design professionals, if in attendance, shall conduct a brief walk-through of Project with the Contractor to review scope and adequacy of the punch list. 01-7700-1 DATE Contract Closeout Procedures CENTRAL AVENUE PUBLIC DOCK Verbal comments will be made to the Contractor by the Engineer and other design professionals, if in attendance, during the walkthrough. These comments will indicate generally the additions and corrections to be made to the punch list. Such comments shall not be considered to be comprehensive; Contractor shall use the comments as guidance in preparing the punch list for the Substantial Completion review. D. Substantial Completion Meeting: On a date mutually agreed by Engineer and Contractor, a meeting shall be conducted at the Project site to determine whether the Work is satisfactory and complete for filing a Notice of Completion (Substantial Completion). 1. Contractor shall provide three working days' notice to Engineer for requested date of Substantial Completion meeting. 2. Engineer, Project Manager and consultants of Project Manager and City, as authorized by Engineer, will attend the Substantial Completion meeting. 3. In addition to conducting a walk-through of the site and reviewing the punch list, the purpose of the meeting shall include submission of warranties, guarantees and bonds to Engineer, provision of specified extra materials to City, and submission of other Contract closeout documents and materials as required and if not already submitted. 4. Project Manager, Project Manager's consultants, as appropriate, and other design professionals under separate contracts with City, if applicable, will conduct a walk-through of the site with the Contractor and review the punch list. 5. Contractor shall correct the punch list and record additional items as may be identified during the walk-through, including notations of corrective actions to be taken. 6. Contractor shall retype the punch list and distribute it within three working days to those attending the meeting. 7. If additional site visits are required by the Project Manager, Project Manager's consultants and other design professionals under separate contracts with City, to review completion and correction of the Work, the costs of additional visits shall be reimbursed to City by the Contractor by deducting such costs from the Final Payment. Uncorrected Work: Uncorrected non -conforming work will be repaired by the City or another contractor under the City's direction, and the cost thereof will be withheld from monies due the Contractor or billed to the Contractor if insufficient funds are outstanding. F. Clearing and Cleaning: Prior to the Substantial Completion review, Contractor shall conduct a thorough cleaning and clearing of the Project area, including removal of construction facilities and temporary controls. G. Inspection and Testing: Prior to the Substantial Completion review, complete inspection and testing required for the Work, including securing of approvals by authorities having jurisdiction. H. Notice of Completion: After City has determined that the Work is complete, a Notice of Completion resolution will be scheduled for City Council approval and, when approved by City Council, shall be promptly recorded by City with County Recorder. 1.5 FINAL COMPLETION SUBMITTALS A. Final Completion Submittals: Prior to Substantial Completion meeting and submission of final Application for Payment, Contractor shall complete and submit the following. Final payment will not be made by City until all submittals have been made and determined by Engineer to be acceptable. 01-7700-2 DATE Contract Closeout Procedures CENTRAL AVENUE PUBLIC DOCK B. Agency Document Submittals: Submit to Engineer all documents required by authorities having jurisdiction, including serving utilities and other agencies. Submit original versions of all permit cards, with final sign -off by inspectors. Submit all certifications of inspections and tests. C. Final Specifications Submittals: Submit to Engineer all documents and products required by Specifications to be submitted, including the following: 1. Project record drawings and specifications. 2. Operating and maintenance data. 3. Guarantees, warranties and bonds. 4. Spare parts and extra stock. 5. Test reports and certificates of compliance. D. Lien and Bonding Company Releases: Submit to City, evidence of satisfaction of encumbrances on Project by completion and submission of The American Institute of Architects Forms G706 - CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, G706A - CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS, and (if applicable) G707 - CONSENT OF SURETY, or other form as directed by City. Comply also with other requirements of City, as directed. Signatures shall be notarized. E. Subcontractor List: Submit two copies to City and two copies to Engineer of updated Subcontractor and Materials Supplier List. Warranty Documents: Prepare and submit to City all warranties and bonds. 1.6 FINAL PAYMENT A. Final Payment: After completion of all items listed for completion and correction, after submission of all documents and products and after final cleaning, submit final Application for Payment, identifying total adjusted Contract Sum, previous payments and sum remaining due. Payment will not be made until the following are accomplished: 1. All Project Record Documents have been transferred and accepted by City. 2. All extra materials and maintenance stock have been transferred and received by City. 3. All warranty documents and operation and maintenance data have been received and accepted by City. 4. All liens have been released or bonded by Contractor. 5. Contractor's surety has consented to Final Payment. 1.7 POST -CONSTRUCTION INSPECTION A. Post -Construction Inspection: In accepting final payment, Contractor shall agree to perform a post - construction inspection with representatives of City and, if authorized by City, the responsible design professionals, to review performance of the completed Work and to determine what, if any, corrections shall be performed by Contractor in compliance with the Contractor's Warranty, as described in the General Conditions of the Contract. 01-7700-3 DATE Contract Closeout Procedures CENTRAL AVENUE PUBLIC DOCK B. Scheduled Date and Time of Post -Construction Inspection: No later than 300 calendar days after the date of Substantial Completion, after occupancy and use of the facility by City, and at days and times as directed by City. C. Inspection Activities: 1. Contractor shall inspect, test and adjust the Work, noting defects and corrective actions to betaken. 2. Contractor shall instruct City's operating personnel in operational requirements needed to maintain correct appearance and function of the facility. D. Post -Construction Inspection Report: Contractor shall prepare and submit to City a typewritten report, comparable to the Correction (Punch) List prepared for Substantial Completion Review. 1. Post -Construction Inspection Report shall identify deficiencies and corrective actions taken. 2. Post -Construction Inspection Report shall note when corrective actions are unable to restore defects in the Work to compliance with the requirements of the Drawings, Specifications and manufacturer's criteria. E. Correction of Defects: Corrections shall be governed by provisions of the General Provisions of the Contract. 1.8 MAINTENANCE A. As a part of this work the contractor shall perform additional maintenance of the systems as described in the technical sections below. Payment for this work will be made semi-annually after each scheduled inspection and subsequent report to the City. PART 2 - PRODUCTS - Not Applicable PART 3 - EXECUTION - Not Applicable END OF SECTION 01-7700-4 DATE Contract Closeout Procedures SECTION 02 4113 SELECTIVE SITE DEMOLITION PART 1 -GENERAL 1.1 WORK INCLUDED CENTRAL AVENUE PUBLIC DOCK A. Selective site demolition consists of furnishing transportation, labor, materials, and equipment to perform site demolition and removal work, including disposal, required to accommodate the new construction. Work includes but is not limited to the following: Concrete demolition and removal, including but not limited to, portion of existing bulkhead cap to support new gangway platform and cap build-up, or other miscellaneous concrete on site. 2. Remove existing guard rail and posts. 3. Other removal work shown on Drawings. 1,2 RELATED WORK A. Cast -In -Place Concrete Section 03 3000 1.3 MEASUREMENT AND PAYMENT A. Demolition and Removals: Measurement and payment to demolish, remove, and dispose of existing improvements including transportation costs. Payment will be made underthe "Demolition and Removals" fixed price bid item in the Proposal Schedule. 1.4 SUBMITTALS A. Procedures, equipment to be used, and operational sequences. B. Submit prior to start of Work photographs of existing damage to structures adjacent to but not a part of the Work where such damage could be misconstrued as caused by Contractor. 1.5 TRAFFIC CONTROL A. Refer to Section 014100, Regulatory Requirements. 1.6 SALVAGE A. No on-site sale of salvage will be allowed. No removals shall be made from the site by any person other than the Contractor or employees of the Contractor. 1.7 ENVIRONMENTAL REQUIREMENTS A. Refer to Section 01 4100, Regulatory Requirements, and Section 01 3100, Project Management and Coordination, for South Coast Air Quality Management District notification and permit requirements. PART 2 - PRODUCTS - Not Applicable PART 3 - EXECUTION 3.1 DEMOLITION AND REMOVALS 02-4113-1 DATE Selective Site Demolition CENTRAL AVENUE PUBLIC DOCK A. Demolition and Removal work shall not exceed the limits shown on Contract Drawings. B. Control dust in conformance with Section 01 4100, Regulatory Requirements. C. Items not shown on Contract Drawings or mentioned in the Specifications that are encountered during the Contractor's operations shall be brought to the attention of the Engineer. The Engineer will determine the disposition of the items. D. Perform demolition and removals under Engineer's inspection in conformance with applicable safety standards and requirements. E. No debris shall be allowed to enter harbor waters. F. Repair or replace surface and subsurface improvements removed or damaged as a result of the Contractor's operations. 3.2 SAFETY AND PROTECTION A. Protect existing buildings, substructures, and other improvements within and adjacent to Project site. B. Provide, erect, and maintain barriers, barricades, lighting, and guard rails as required to protect general public, workers, and adjoining properties. General layout is provided on Contract Drawings, but additional work as needed to protect the public from the construction site is required. END OF SECTION 02-4113-2 DATE Selective Site Demolition SECTION 03 3000 CAST -IN-PLACE CONCRETE PART 1 -GENERAL 1.2 1.3 WORK INCLUDED CENTRAL AVENUE PUBLIC DOCK A. CAST -IN-PLACE CONCRETE consists of furnishing transportation, labor, materials, and equipment to perform concrete work. B. Types of concrete covered by this Section: Gangway platform. 2. Bulkhead Cap Extension MEASUREMENT AND PAYMENT A. The contract lump sum price paid for cast -in-place concrete shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing the gangway and boat hoist platforms and other miscellaneous concrete items, and shall include concrete strength and performance testing, finishing and repair or replacement of concrete as shown on the Contract Drawings, as specified in the Reference Standards, specified herein, and as directed by the Engineer. Payment for cast -in-place concrete will be made under Concrete Bulkhead Cap Extension and Gangway Platform bid items. REFERENCES A. American Concrete Institute (ACI): ACI 318 Building Code Requirements for Structural Concrete 2. ACI 347 Recommended Practice for Concrete Formwork B. B. American Society for Testing and Materials (ASTM International): 1. ASTM A36/A36M Standard Specification for Carbon Structural Steel 2. ASTM A615/A615M Standard Specification for Deformed and Plain Billet — Steel Bars for Concrete Reinforcement 3. ASTM A775/A775M Standard Specification for Epoxy -Coated Steel Reinforcing Bars 4. ASTM A934/A934M Standard Specification for Epoxy -Coated Prefabricated Steel Reinforcing Bars 5. ASTM C31/C31M Practices for Making and Curing Concrete Test Specimens in the Field 6. ASTM C33/C33M Standard Specification for Concrete Aggregates 7. ASTM C39/C39M Test Method for Compressive Strength of Cylindrical Concrete Specimens 8. ASTM C42/C42M Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete 9. ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate 10. ASTM C94/C94M Specification for Ready -Mixed Concrete 11. ASTM C136/C136M Standard Test Method for Sieve analysis of Fine and Coarse Aggregates 03-3000-1 DATE Cast -in -Place Concrete CENTRAL AVENUE PUBLIC DOCK 12. ASTM C150/C150M Standard Specification for Portland Cement 13. ASTM C470/C470M Standard Specification for Molds for Forming Concrete Test Cylinders Vertically 14. ASTM D3963/D3963M Standard Specification for Fabrication and Jobsite Handling of Epoxy Coated Reinforcing Steel Bars C. Reference Specifications (RS) are the 2009 Edition of the "Green book", Standard Specifications for Public Works Construction. 1.4 MIX DESIGN A. Mix shall be designed to produce a concrete that has maximum density, minimum shrinkage, and maximum smoothness of surface. B. Concrete mix design shall be 750 -BSE -5000P Severe Exposure Mix, conforming to RS Subsection 201- 1.1.3, except that fly ash shall not be used and the maximum water -cement ratio shall be 0.38. C. Proportion concrete in conformance with ACI 318, Chapter 4, Durability Requirements. D. Mix shall be flowable and pumpable from concrete truck to area of construction to avoid damage to existing improvements, including sidewalks and site furnishings. 1.5 SUBMITTALS A. Submit concrete mix design to Engineer for approval. Submittal shall include admixtures necessary for Plowable concrete to be pumped to area of construction from concrete truck. B. Submit shop drawings for reinforcing steel in conformance with ACI 318. Provide bending diagrams and assembly diagrams. Indicate splicing, laps of bars, shapes, dimensions, and details of bar reinforcing, accessories, and concrete cover. Do not scale dimensions from structural Drawings to determine lengths of reinforcing rods. Reproductions of Drawings are unacceptable. C. Submit delivery tickets from plant for each load of concrete placed. Each ticket shall state quantities by weight of each component of the load (cement, sand, water, and the like). D. Submit certification that aggregates meet the requirements of ASTM C33/C33M Appendix XI for reactivity when tested. E. Submit certification that the aggregates meet the soundness requirements of ASTM C33/C33M when tested in accordance with the requirements of ASTM C88 using a sodium sulfate solution. F. Submit pump data for delivery of concrete from concrete truck to area of construction, including procedure for installation and handling of pumped concrete from truck to area of construction. 1.6 QUALITY ASSURANCE A. The Contractor's approved Testing Laboratory (Test Lab) will perform tests in conformance with RS Subsection 201-1.1.5 1. Test Lab will perform sieve analysis of aggregates in conformance with ASTM C136/C136M. 2. Test Lab will provide certificate of compliance for gangway platform prior to placing reinforcing bar and concrete. B. Schedule registered deputy building inspection by the Engineer prior to placing concrete and at other times as Drawings require. 03-3000-2 DATE Cast -in -Place Concrete CENTRAL AVENUE PUBLIC DOCK C. Contractor shall make for the City 4 - 6 -inch diameter by 12 -inch long test cylinders for every 50 cubic yards of other types of concrete placement. A minimum of 4 cylinders shall be made for each day's pour regardless of cubic yardage, or for each change in mix design. 1. Personnel making cylinders shall be ACI certified. 2. Make and cure cylinders in conformance with ASTM C31/C31 M. Cylinder molds shall conform to ASTM C470/C470M. 3. Label cylinders with the date of sampling, the class and mix proportions of the concrete, and the work location from which the sets of samples were taken. Identify parent concrete structure from which samples were taken, and Drawing page number. Identify cylinders with the same identification system used on Drawings for the parent concrete structure. Use same identification system for samples Contractor requires for its own use. 4. Coordinate with the Engineer for pickup of cylinders from field curing location between 24 to 48 hours after being cast. Avoid damage to cylinders and loss of lids and identifying labels during handling. Failure to comply with the provisions of this Section regarding cylinder handling may be cause for rejection of the concrete structure. The Engineer may further require performance of any and all necessary alternative strength tests at the expense of the Contractor. 5. Contractor shall provide evidence that the concrete structures have met strength and other requirements as specified in the "Materials"Article of this Section. Strength will be determined by cylinder breaks after 28 days as specified by ASTM C39/C39M. 6. If the cylinders show compressive strengths below the minimum acceptable limit, the Engineer may allow coring of the parent concrete structure at Contractor's expense. Cores shall conform to ASTM C42/C42M and RS Subsection 201-1.1.5. a. Coordinate with the Test Lab through the Engineer to perform additional, earlier cylinder breaks for purposes of scheduling. PART 2 -PRODUCTS 2.1 MATERIALS A. Portland cement concrete shall conform to RS Subsection 201 Portland cement shall be Type ll, low alkali (0.6 percent, C 150/C 150M. B. Ready -mix concrete shall conform to ASTM C94/C94M. C. Mortar shall conform to RS Subsection 201 5. 1 unless shown otherwise on Drawings. maximum), in conformance with ASTM D. Reinforcing steel shall be Grade 60 in conformance with ASTM A615/A615M, RS Subsection 201-2 and ACI 318. Bars shall be fusion bonded epoxy coated (purple) conforming to the provisions in ASTM A775/A775M and ASTM A934/A934M, except thickness shall be 7 mils minimum. Repairs to damaged coating shall be as described in ASTM D3963/D3963M, except all visible cracks shall be repaired. E. Aggregate shall be normal weight in conformance with RS Subsection 200 1.4, and shall conform to ASTM C33/C33M, and ACI 318, except where concrete is specified by Class on Drawings in conformance with RS Subsection 201-1.1.2. F. Fine aggregate shall conform to RS Subsection 200-1.5. G. Chemical admixtures shall conform to RS Subsection 201-1.2.4 1. Calcium chloride shall not be used. 03-3000-3 DATE Cast -in -Place Concrete CENTRAL AVENUE PUBLIC DOCK 2. Strength of concrete with admixture shall be, at 48 hours and more, not less than similar concrete without the admixture. Forms shall conform to RS Subsection 303-1.3 and ACI 347. 1. Coating: Before concrete placement, coat the contact surfaces of forms with a non -staining mineral oil, non -staining form coating compound, or two coats of nitrocellulose lacquer. Do not use mineral oil on forms for surfaces to which adhesive, paint, or other finish material is to be applied. Concrete curing compound shall be Membrane Curing, Type I, clear, in conformance with RS Subsection 201-4. Epoxy adhesives shall be 2 -component, 100 percent solids, 100 percent reactive suitable for use on dry or damp surfaces. PART 3 - EXECUTION 3.1 PREPARATION A. Where concrete is to be cast against existing concrete older than 60 days, clean and roughen existing concrete, exposing the aggregate. 3,2 CONSTRUCTION A. General: Construct tread plates and other miscellaneous cast -in-place concrete items in conformance with RS Subsection 303-1. B. Formwork: 1. Construct formwork in conformance with RS Subsection 303-1.3. 2. Construct forms that can be removed without hammering or prying against the concrete. 3. Form exposed angles in concrete with neat 3/4 inch 45 degree chamfers and fillets. 4. Remove forms in conformance with RS Subsection 303-1.4. 5. Tolerances for deviation in lines, grades, and dimensions shown on Drawings shall conform to ACI 347. C. Reinforcement Placing: Place reinforcing bars in conformance with RS Subsection 303-1.7 and ACI 318. D. Embedded Materials: 1. Maintain 2 inches clearance from pipes, conduits, and other embeds to reinforcing bars. 2. Place anchor bolts in templates to maintain position during concrete placement. E. Placing Concrete: DATE Clear all water from areas where concrete is to be placed prior to placing concrete. 03-3000-4 Cast -in -Place Concrete CENTRAL AVENUE PUBLIC DOCK 2. Clean dirt, grease, rust, and deleterious material from metalwork that will be in contact with concrete immediately prior to placing concrete. 3. Place concrete in conformance with RS Subsection 303-1.8. a. Discharge of ready -mix concrete shall be completed within 90 minutes after addition of the cement to the aggregates, or before 300 revolutions of the drum, whichever occurs first. b. Use of non -agitating transport equipment for ready -mixed concrete is not permitted. C. Maximum length of chutes shall be 50 feet. 4. Consolidation of concrete: a. Consolidate concrete in conformance with RS Subsection 303-1.8.4. Fill all corners and angles, thoroughly embed reinforcement, eliminate rock pockets and bring only a slight excess of water to exposed surface of concrete during placement. b. Screed to bring the concrete surfaces to required grades with straight edge screed and scrapers as necessary. C. Float to compact the surfaces evenly. Remove excess surface water before floating. Do not use mortar to level surfaces. 3.3 CONCRETE FINISH A. Finish concrete structures in conformance with RS Subsection 303-1.9.3, "Class 1 Surface Finish". B. Immediately after forms are removed, rub or grind out irregularities. C. Fill minor voids, holes, honeycombing, and other depressions with non -shrink grout. Presence of extensive defects is cause for rejection of concrete. 1. Cut back defective areas a minimum of 1/2 inch depth 2. Wet surfaces prior to applying repair material. 3.4 CURING A. Cure concrete in conformance with RS Subsection 303-1.10 using water cure where possible, otherwise membrane cure. 3.5 INSPECTION A. City will provide inspectors. 3.6 PROTECTION A. Protect finish concrete surfaces from stains, abrasions, and other damages. END OF SECTION 03-3000-5 DATE Cast -in -Place Concrete CENTRAL AVENUE PUBLIC DOCK SECTION 05 5000 METAL FABRICATIONS PART1-GENERAL 1.1 WORK INCLUDED A. Metal fabrications consists of furnishing transportation, labor, materials, and equipment to fabricate and install miscellaneous metal fabrications. 1.2 RELATED WORK A. Section 03 3000 — Cast -In -Place Concrete B. Section 05 5220 — Handrails and Railings C. Section 35 5135 — Floating Dock D. Section 35 5140 — Gangway 1.3 GENERAL A. This Section is written to cover all types of metals and their galvanizing if called for either on the Contract Drawings or in Specifications. 1.4 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO): 1. AASHTO M-18 Strength Test of 180 degree cold bend B. American National Standards Institute (ANSI): 1. ANSI A14.3 Ladders, Fixed, Safety Requirements C. American Society for Testing and Materials (ASTM International) 1. ASTM A27/A27M Standard Specification for Steel Castings, Carbon, for General Application 2. ASTM A36/A36M Standard Specification for Carbon Structural Steel 3. ASTM A47/A47M Standard Specification for Ferritic Malleable Iron Castings 4. ASTM A123/A123M Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products 5. ASTM A153/A153M Standard Specification for Zinc Coating (Hot -Dip Galvanized) on Iron and Steel Hardware 6. ASTM A307 Standard Specification for Carbon Steel Bolts, Studs, and Threaded Rod 60000 PSI Tensile Strength 7. ASTM A489 Standard Specification for Carbon Steel Lifting Eyes 8. ASTM A563 Standard Specification for Carbon and Alloy Steel Nuts 05-5000-1 DATE Metal Fabrication CENTRAL AVENUE PUBLIC DOCK 9. ASTM B26/B26M Standard Specification for Aluminum -Alloy Sand Casting 10. ASTM B209 Standard Specification for Aluminum and Aluminum-AIIoySheetand Plate 11. ASTM B221 Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes 12. ASTM E488/E488M Standard Test Methods for Strength of Anchors in Concrete Elements 13. ASTM F1554 Standard Specification for Anchor Bolts, Steel, 36, 55 and 105-ksi Yield Strength D. American Welding Society (AWS) 1. AWS D1.1 Structural Welding Code — Steel 2. AWS D1.2 Structural Welding Code - Aluminum E. Reference Specifications (RS) are the 2009 Edition of the "Greenbook", Standard Specifications for Public Works Construction: Section 206 - Miscellaneous Metal Items Subsection 206-1 - Structural Steel, Rivets, Bolts, Pins and Anchor Bolts 3. Subsection 206-2 - Steel Castings 1.5 QUALITY ASSURANCE A. The Engineer reserves the right to inspect the manufacture or fabrication. The Engineer's inspection of the work does not relieve the Contractor of the responsibility for the work. Errors or faults that are discovered during fabrication shall be corrected by the Contractor prior to installation. B. Welders shall be qualified in accordance with the requirements of AWS D1.1 and D1.2. C. Prepare mill tests for specified ASTM material. 1.6 SUBMITTALS A. Test Reports: Unless requirements are waived in writing. Contractor shall submit to the Engineer two (2) copies of mill test reports certifying that materials meet the ASTM requirements. B. Shop Drawings: 1. Prior to the purchase of materials and their fabrication, shop drawings, details, dimensions, sizes of materials, and data for the fabrication of the miscellaneous metal work shall be submitted by the Contractor to the Engineer for review. 2. No change shall be made on shop drawings after they have been approved, except by written consent or direction of the Engineer. 3. Substitution of sections having dimensions different from those shown on the shop drawings or Contract Drawings shall be made only when approved in writing by the Engineer. 1.7 PRODUCT STORAGE A. Store metals above ground upon platforms, skids, or other supports, and kept free from dirt, grease, and other foreign material. Protect metals from corrosion while stored. 05-5000-2 DATE Metal Fabrication CENTRAL AVENUE PUBLIC DOCK PART2- PRODUCTS 2.1 MATERIALS A. Metals, General: 1. Metal Surfaces, General: Provide materials with smooth, flat surfaces, unless otherwise indicated. For metal fabrications exposed to view in the completed Work, provide materials without seam marks, roller marks, rolled trade names, or blemishes. B. Ferrous Metals: 1. Steel Plates, Shapes, and Bars: ASTM A36/A36M. 2. Ferrous metal items shall be galvanized per ASTM A123/A123M unless called out otherwise on Contract Drawings. C. Nonferrous Metals: 1. Aluminum Plate and Sheet: ASTM B209, Alloy 6061-T6. 2. Aluminum Extrusions: ASTM 8221, Alloy 6063-T6. 3. Aluminum Castings: ASTM B26/B26M, Alloy 443.0-F. Fasteners: 1. General: Unless otherwise indicated, provide Type 316 stainless-steel fasteners for exterior use. Provide stainless-steel fasteners for fastening aluminum. Select fasteners for type, grade, and class required. 2. Steel Bolts and Nuts: Regular hexagon -head bolts, ASTM A307, Grade A; with hex nuts, ASTM A563; and, where indicated, flat washers. 3. Anchor Bolts: ASTM F1554, Grade 36. 4. Provide hot -dip or mechanically deposited, zinc -coated anchor bolts where item being fastened is indicated to be galvanized. 5. Eyebolts: ASTM A489. 6. Machine Screws: ASME B18.6.3. 7. Lag Bolts: ASME 818.2.1. 8. Plain Washers: Round, ASME B18.22.1. 9. Cast -in -Place Anchors in Concrete: Anchors capable of sustaining, without failure, a load equal to four times the load imposed, as determined by testing according to ASTM E488, conducted by a qualified independent testing agency. 10. Threaded or wedge type; galvanized ferrous castings, either ASTM A47/A 47M malleable iron or ASTM A27/A27M cast steel. Provide bolts, washers, and shims as needed, hot -dip galvanized per ASTM Al53/A153M. E. Galvanizing: Minimum Weight of Zinc Coating oz/ft2 of surface Class of Material Average of Specimens Tested Any Individual Specimen Class A - Castings - 2.00 1.80 Malleable Iron, Steel Class B - Rolled, pressed, and forged articles (except 2.00 1.80 those that would be included under Classes C and D) 6=1 - 3/16 inch and over in thickness and over 8 inches 2.00 1.80 in length 05-5000-3 DATE Metal Fabrication CENTRAL AVENUE PUBLIC DOCK B=2 - Under 3/16 inch in thickness and over 8 inches 1.50 1.25 in length BB=3 - 8 inch and under in 1.30 1.10 length and any thickness 2.2 FABRICATION A. General: 1. Metal items shall be fabricated and finished in accordance with the Drawings and reviewed shop drawings. Contractor shall verify measurements before fabrication. 2. Welding procedures and inspection shall be in accordance with AWS D1.1. Welding shall be continuous along the area of contact except where tack welding is called for on Drawings. Welds shall be ground smooth. 3. Fabricated ferrous items shall be galvanized after fabrication. 4. Metal fabrications showing injurious defects, weak spots, imperfections in work, or otherwise not conforming to the Specifications or Drawings will be rejected. PART 3 - EXECUTION 3.1 INSTALLATION A. Install miscellaneous metal items in accordance with Drawings and reviewed shop drawings. B. Coordinate and furnish anchorages, setting drawings, diagrams, templates, instructions, and directions for installing anchorages, including concrete inserts, sleeves, anchor bolts, and miscellaneous items having integral anchors that are to be embedded in concrete or masonry construction. Coordinate delivery of such items to project site. 3.2 REPAIR OF DAMAGED GALVANIZING A. Repair damaged galvanizing in conformance with RS Section 210-3.5 Repair of Damaged Zinc Coatings. END OF SECTION 05-5000-4 DATE Metal Fabrication CENTRAL AVENUE PUBLIC DOCK SECTION 05 5220 HANDRAILS AND RAILINGS PART 1 - GENERAL 1.1 WORK INCLUDED A. Handrails and railings consists of furnishing transportation, labor, materials, and equipment to furnish and install handrails and guard rails as shown on Drawings and specified in this Section. 1.2 RELATED WORK A. Section 03 3000 - Cast -In -Place Concrete B. Section 05 5000 - Metal Fabrications C. Section 35 5140 - Gangways 1.3 MEASUREMENT AND PAYMENT A. The contract lump sum price paid for handrails and railing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in procurement and installation of handrails and railings. Payment will be made under handrails and railings bid item. 1.4 REFERENCES A. Aluminum Association (AA) B. American Welding Society (AWS) C. American Society for Testing and Materials (ASTM) 1. ASTM B26/B26M Standard Specification for Aluminum -Alloy Sand Castings 2. ASTM 8209 Standard Specification for Aluminum and Aluminum -Alloy Sheet and Plate 3. ASTM B210 Standard Specification for Aluminum and Aluminum -Alloy Drawn Seamless Tubes 4. ASTM B221 Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes 5. ASTM B247 Standard Specification for Aluminum and Aluminum -Alloy Die Forgings, Hand Forgings, and Rolled Ring Forgings 6. ASTM B429/B429M Standard Specification for Aluminum -Alloy Extruded Structural Pipe and Tube 7. ASTM B580 Standard Specification for Anodic Oxide Coatings on Aluminum 8. ASTM E935 Standard Test Method for Performance of Permanent Metal Railing Systems and Rails for Buildings D. National Association of Architectural Metal Manufacturers (NAAMM) E. Americans with Disabilities Act Accessibility Guidelines (ADAAG) 1.5 DESIGN REQUIREMENTS A. Guard railing shall be designed to support a lateral force of 50 pounds per linear foot uniform load along the top railing without permanent set or damage in conformance with ASTM E935. 055220-1 DATE Handrails and Railings CENTRAL AVENUE PUBLIC DOCK 1. Top Rails: Design to support minimum 200 pounds concentrated single point load applied at any point vertically or horizontally. 2. Intermediate rails, panel fillers and their connections shall be capable of withstanding a load of 25 pounds per square foot applied horizontally at right angles over the entire tributary area, including openings and spaces between rails. B. Thermal Movements: Provide handrail and railings that allow for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening of joints, overstressing of components, failure of connections, and other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime -sky heat loss. 1. Temperature Change (Range): 120 degrees F, ambient; 180 degrees F, material surfaces. C. Control of Corrosion: Prevent galvanic action and other forms of corrosion by insulating metals and other materials from direct contact with incompatible materials. 1.6 SUBMITTALS A. Samples: The smaller section of railing (that may be part of the construction) along with separate aluminum bar samples, showing a mechanical finish that matches the existing bulkhead railing. Submit prior to delivery to site. Attach product name, address of manufacturer and/or supplier to each sample. B. Samples for Verification: For each type of exposed finish required, prepared on components indicated below and of same thickness and metal indicated forthe Work. If finishes involve normal color and texture variations, include sample sets showing the full range of variations expected. 1. 6 -inch long sections of aluminum bar showing available finish options. 2. Assembled sample of railing system, made from full-size components, including top rail, posts, handrail, and infill. Show method of finishing members at intersections. C. Product Data: Manufacturers' current catalog cuts, data sheets, and installation instructions. 1. Finish: 2 for each type and finish. D. Test Report: 1 copy to be sent by testing laboratory directly to the Engineer. E. Shop Drawings: 1. Verification: Verify all measurements at the job. Show dimensions, sizes, thicknesses, gauges, finishes, joining, attachments, and relationship of work to adjoining construction. Where items must fit and coordinate with finished surfaces and/or constructed spaces, take measurements at site and not from Drawings. 2. Coordination: Where concrete, masonry or other materials must be set to exact locations to receive work, furnish assistance and direction necessary to permit other trades to properly locate their work. 3. Welded Connectors, Concrete, or Masonry Inserts: Where required to receive work, show exact locations and furnish all such Drawings to the trades responsible for installing the connectors or inserts. 4. Catalog Work Sheets: Show illustrated cuts of item to be furnished, scaled details, and dimensions. 5. Structural calculations and drawings prepared and signed by a Structural Engineer registered in the State of California, for review by the project Engineer. Submit installer qualifications and experience. 1,7 QUALITY ASSURANCE DATE 055220-2 Handrails and Railings CENTRAL AVENUE PUBLIC DOCK A. Qualifications: 1. Installers shall have experience working and installing handrails and railings on similar marine construction projects with regard to size and type of Project within the past 5 years. 1.8 DELIVERY, STORAGE AND HANDLING A. Delivery: Deliver fabricated units and components completely identified on Shop Drawings. Protect surfaces from damage during shipping. Inspect work for damage upon delivery to site. No materials with defects or scratches on exposed finishes will be accepted. B. Protection: Protect work at site from damage and from weather until installed and all work has been accepted. C. Replacement: Replace damaged materials at no cost to the City. 1.9 PROJECT CONDITIONS A. Field Measurements: Verify handrail and railing dimensions by field measurements before fabrication and indicate measurements on Shop Drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. 1.10 COORDINATION A. Coordinate installation of anchorages for handrails and railings. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. 1.11 SCHEDULING A. Schedule installation so handrails and railing are mounted only on completed surfaces. Do not support temporarily by any means that does not satisfy structural performance requirements. PART 2 -PRODUCTS 2.1 BASIC MATERIALS AND ACCESSORIES A. General: Provide metal free from pitting, seam marks, roller marks, stains, discolorations, and other imperfections where exposed to view on finished units. B. Aluminum: Alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with not less than the strength and durability properties of alloy and temper designated below for each aluminum form required. 1. Extruded Bar and Tube: ASTM B221, alloy 6063-T5/T52. 2. Extruded Structural Pipe and Tube: ASTM 8429, alloy 6063-T6. 3. Drawn Seamless Tube: ASTM 8210, alloy 6063-T832. 4. Plate and Sheet: ASTM B209, alloy 6061-T6. 5. Die and Hand Forgings: ASTM 8247, alloy 6061-T6. 6. Castings: ASTM B26, alloy A356 -T6. C. Fasteners: Bolts, nuts, screws, clips, washers, anchors, sleeves, setting templates, and any other fasteners necessary for proper erection of items shall be aluminum, unless otherwise indicated. 055220-3 DATE Handrails and Railings CENTRAL AVENUE PUBLIC DOCK Welding Materials, Fasteners, and Anchors: 1. Welding Electrodes and Filler Metal: Provide type and alloy of filler metal and electrodes as recommended by producer of metal to be welded and as required for color match, strength, and compatibility in fabricated items. 2. Fasteners for Anchoring Handrails and Railings to Other Construction: a. For aluminum handrails and railings, use fasteners fabricated from Type 316 stainless. 3. Fasteners for Interconnecting Handrail and Railing Components: Use fasteners fabricated from same basic metal as fastened metal, unless otherwise indicated. Do not use metals that are corrosive or incompatible with materials joined. a. Provide concealed fasteners for interconnecting handrail and railing components and for attaching them to other work, unless otherwise indicated. b. Provide concealed fasteners for interconnecting handrail and railing components and for attaching them to other work, unless exposed fasteners are unavoidable or are the standard fastening method for handrails and railings indicated. C. Provide Phillips flat -head machine screws for exposed fasteners, unless otherwise indicated. 2.2 FABRICATION A. Field Measurement: Make field measurements as required prior to fabrication and installation. B. Shop Assembly: Preassemble items in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for reassembly, coordination and installation. All handrails shall be fabricated prior to delivery to site. C. Shop fabricate metal and welds to ensure that no non-ferrous oxides and impurities are impregnated into the final product. The fabrication process shall be free of any surface impurities to ensure no surface rust shall occur on the finish. D. Provide all surfaces free of file marks, dents, hammer marks, wire edges or any unsightly surface defects. E. Fabricate items with joints neatly fitted and properly secured. F. Non -welded Connections: Fabricate handrails and railings by connecting members with concealed mechanical fasteners and fittings, unless otherwise indicated. Fabricate members and fittings to produce flush, smooth, rigid, hairline joints. 1. Fabricate splice joints for field connection using an epoxy structural adhesive where this is manufacturer's standard splicing method. G. Welded Connections for Aluminum Pipe: Fabricate pipe handrails and railings to interconnect members with concealed internal welds that eliminate surface grinding, using manufacturer's standard system of sleeve and socket fittings. H. Provide weep holes or another means to drain entrapped water in hollow sections of handrail and railing members that are exposed to exterior or to moisture from condensation or other sources. Fabricate joints that will be exposed to weather in a watertight manner. Close exposed ends of handrail and railing members with prefabricated end fittings. 055220-4 DATE Handrails and Railings CENTRAL AVENUE PUBLIC DOCK K. Provide wall returns at ends of wall -mounted handrails, unless otherwise indicated. Close ends of returns, unless clearance between end of railing and wall is 1/4 inch or less. L. Toe Boards: Fabricate to dimensions and details indicated. M. Exposed Mechanical Fastenings: Flush vandal -proof countersunk fasteners unobtrusively located, consistent with design of structure. N. Fit and shop assemble in sections for delivery. 0. Apply finish to sections for delivery. P. Make exposed joints flush butt type, hairline joins where mechanically fastened. Q. Railings: Comply with California and ADAAG access requirements and NAAMM "Pipe Railing Manual"; welded construction; cap exposed ends. 2.3 FINISH A. Comply with NAAMM's Metal Finishes Manual for Architectural and Metal Products for recommendations for applying and designating finishes. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. C. Anodic Coating: Type A Engineering Hard Coat .05 mm thickness in accordance with ASTM B580. 2.4 NON -SHRINK GROUT A. Non shrink grout shall match color of adjacent surface. When two colors are present, Contractor shall verify color through submittal with Engineer. PART 3 - EXECUTION 3.1 EXAMINATION A. Inspect surfaces to receive handrails, railings, and the like and report to the Engineer defects which would interfere or affect proper installation. B. Starting work implies acceptance of surfaces as satisfactory. 3.2 INSTALLATION A. Layout: Set all work plumb, true, rigid, and neatly trimmed out. Miter corners and angles of exposed moldings and frames unless otherwise noted. B. Fitting: Fit exposed connections accurately together to form tight hairline joints. C. Install handrails and railings in conformance with approved shop drawings and Drawings. 3.3 ATTACHMENTS 055220-5 DATE Handrails and Railings CENTRAL AVENUE PUBLIC DOCK A. Perform cutting, shearing, drilling, punching, threading, tapping, and the like, required for site metalwork or for attachment of adjacent work. Drill or punch holes; do not use cutting torch. Shearing and punching shall leave true lines and surfaces. B. Where two non -similar metals are in contact with one another, Contractor shall notify Engineer for approved method and material to be used to prevent galvanic corrosion unless otherwise specified on Drawings. 3.4 FASTENERS A. Provide lugs, clips, anchors, and miscellaneous fasteners necessary for the complete assembly and installation. B. Conceal fasteners where practicable. Thickness of metal and details of assembly and supports shall give ample strength and stiffness. Form joints exposed to weather to exclude water. 3.5 OTHER CONNECTORS A. Make permanent connections in ferrous metal surfaces using welds where at all possible. B. Do not use bolts or screws where they can be avoided. 3.6 WELDING A. Standards: 1. AWS Code D1.2-2003 for aluminum. 2. Welding shall be only by operators experienced in the type of work indicated. B. Preparation: Remove rust, paint, scale and other foreign matter. Wire brush all flame -cut edges. Clamp members as required and alternate welds, all as necessary to prevent warping or misalignment. C. Exposed Welds: Uniformly make and grind smooth all welds normally exposed to view in the finished work. D. Faulty and Defective Welding: Chip out and replace all welding showing cracks, slag inclusion, lack of fusion, bad undercut or other defects ascertained by visual or other means of inspection. Replace and re -weld at Contractor's expense. E. Field Welding: 1. Procedure: Comply with AWS D1.2 Structural Welding Code - Aluminum, appearance and quality of welds made, and methods used in correcting welding work. 2. Protection: Protect all adjacent surfaces from damage due to welding. 3.7 BOLTED, SCREWED, AND RIVETED CONNECTIONS A. Bolts: Use bolts for field connections only and as detailed on Drawings. Provide washers under all heads and nuts bearing on wood. Draw all nuts tight and nick threads of permanent connections to prevent loosening. Use beveled washers where bearing is on sloped surfaces. B. Screws: For permanent connections in ferrous metal, use flat head type, countersunk, with screw slots filled and finished smooth and flush. C. Rivets: Machine drive tight, all rivets, with heads centered, countersunk, and finished flush and smooth. 055220-6 DATE Handrails and Railings CENTRAL AVENUE PUBLIC DOCK 3.8 FINISHING A. Polish surface by finishing with a 120-150 mesh abrasive, following initial grinding with coarser abrasives to achieve a bright finish with a visible "grain" which prevents mirror reflection. 3.9 TOUCH-UP AND PROTECTION A. Touch-up: Immediately after erection, clean field welds, bolted connections and abraded areas. B. Protection: Protect the work from all damage or discoloration until Notice of Completion. 3.10 CLEANING C. Keep work areas clean, neat and orderly at all times. Keep paved areas clean during installation. D. Upon completion of the work under this Section, remove rubbish, waste and debris from operations off-site or as directed by the Engineer. Remove all equipment and implements of service and leave the entire work area in a neat and clean condition as accepted by the Engineer. END OF SECTION 055220-7 DATE Handrails and Railings CENTRAL AVENUE PUBLIC DOCK SECTION 10 1400 SIGNAGE PART1- GENERAL 1.1 WORK INCLUDED A. Signage consists of furnishing transportation, labor, materials, and equipment to design, furnish, fabricate, and install signage as indicated on Drawings. 1.2 RELATED WORK A. Section 05 5000 - Metal Fabrications B. Section 05 5220 — Handrails and Railing 1.3 MEASUREMENT AND PAYMENT A. The contract lump sum price paid for signage shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in procurement and installation of signage. Payment will be made under signage bid item. 1.4 REFERENCES A. American Society for Testing and Materials (ASTM International) B. American Welding Society (AWS) 1.5 DESIGN REQUIREMENTS A. Design Criteria: 1. Structural Design: Drawings indicate a general design approach for sign fabrication but do not include all fabricating details required for the complete fabrication and structural integrity of the signs, including consideration for static, dynamic, and erection loads during handling, erecting, and service at the installed locations, nor do they necessarily consider the preferred shop practices of the individual general sign contractors. Provide complete structural design of the signs to incorporate all safety factors. Design of structural elements shall be prepared and signed by a California licensed engineer. Signs shall meet applicable local, state, and national codes, as well as testing laboratory listings where required. 1.6 QUALITY ASSURANCE A. The Engineer reserves the right to inspect the manufacture or fabrication. The Engineer's inspection of the work does not relieve the Contractor of the responsibility for the work. Errors or faults that are discovered during fabrication shall be corrected by the Contractor prior to installation. 1,7 SUBMITTALS A. Shop Drawings: DATE 101400-1 Signage CENTRAL AVENUE PUBLIC DOCK The Drawings represent design intent only. Contractor shall provide engineering of all sign types. The internal structure, dimensions, and specifications for all items shall be indicated on the Shop Drawings. Dimensions or specifications on the Shop Drawings that do not conform to the Drawings need to be noted as such and approved by the Engineer. a. Provide Shop Drawings for all items including but not limited to: 1) Complete fabrication and installation drawings for each sign type. Indicate dimensions, materials, finishes, seams, fastening, anchorage and footings, joining, sealing, backing, utility requirements, rough -in, and adjacent related site conditions. 2) Each sign type with all graphic elements. 3) Letter styles shall be accurately reproduced. B. The fabricator shall provide complete care and maintenance instructions for each sign type. 1.8 VERIFICATIONS OF DIMENSIONS AND QUANTITIES A. Verify dimensions and quantities prior to start of work. B. Notify the Engineer of discrepancies between Drawings and Specifications and actual job site conditions that would affect the execution of the work. Do not work in areas where discrepancies occur until instructed by the Engineer. PART 2- PRODUCTS 2.1 MATERIALS A. Stainless steel inlay shall be 0.125 inch wide horizontally brushed Type 316 L stainless steel. B. Exposed fasteners shall be 0.125 inch flathead stainless steel screws painted to match adjoining surfaces unless otherwise specified on Drawings. 2.2 FABRICATION A. Signage shall be complete for proper installation as indicated on Drawings. B. Finished work shall be firm, well anchored, in true alignment, properly squared, with smooth clean uniform appearance, without holes, cracks, discoloration, distortion, stains, or marks. C. Construct work to eliminate burrs, dents, cutting edges, and sharp corners. D. Welding shall be in conformance with AWS requirements. Finish welds on exposed surfaces to be imperceptible in the finished work. E. Except as indicated or directed otherwise, finish all surfaces smooth and conceal all fasteners. F. Surfaces that are intended to be flat shall be without dents, bulges, oil canning, gaps, or other physical deformities. G. Surfaces that are intended to be curved shall be smoothly free-flowing to required shapes. H. Make access panels tight -fitting, light proof, and flush with adjacent surfaces. DATE 101400-2 Signage CENTRAL AVENUE PUBLIC DOCK I. Exercise care to ensure that painted, polished, and plated surfaces are unblemished in the finished work. J. Isolate dissimilar materials. Exercise particular care to isolate nonferrous metals from ferrous metals. K. Ease all exposed metal edges. L. Provide miscellaneous metal items required for completion of the work even though not shown or specified. M. There shall be no visible labels on the completed signs unless required by law. N. Refer to Drawings for sign color specifications. O. Mounting: Mounting plates shall be in conformance with approved submittal. PART 3 - EXECUTION 3.1 EXAMINATION A. Inspect surfaces to receive signage that will interfere or affect signage installation. Starting work implies acceptance of surfaces as satisfactory. 3.2 INSTALLATION A. Install signage in accordance with approved submittals. 3.3 CLEANING A. Keep areas of work clean, neat and orderly at all times. Clean surfaces, inside and out. Use approved cleaners if necessary to remove dirt. B. Protective coverings and strippable films shall be removed at a time that will afford the greatest protection of the signage. Surfaces shall be cleaned to remove excess glazing and sealant compounds, dirt, and other substances. C. Upon completion of work and before Notice of Completion, remove tools, surplus materials, apparatus, and debris from the site. Leave the site in a neat and clean condition. Wash, clean, and leave paved areas without stains. 3.4 FINAL INSPECTION AND ACCEPTANCE A. Upon completion of work, a final inspection for acceptance will be performed by the Engineer. B. Unused submittals and mock ups shall be removed from site prior to Notice of Completion. C. Submit operation manuals, tools, and keys as specified in this Section. END OF SECTION DATE 101400-3 Signage CENTRAL AVENUE PUBLIC DOCK SECTION 31 6218 TUBULAR STEEL PILE PART 1 -GENERAL 1.1 WORK INCLUDED A. Tubular steel pile consists of furnishing, transportation, labor, equipment, and materials to design, furnish, and install steel pipe pile for the Central Avenue Public Dock gangway platform. 1.2 RELATED WORK A. Metal Fabrications Section 05 5000 B. Cast In Place Concrete Section 03 3000 1.3 MEASUREMENT AND PAYMENT A. Measurement and payment for this Section will be included under bid item Tubular Steel Pile of the Proposal Schedule. 1.4 REFERENCES A. American Society for Testing and Materials (ASTM International): 1. ASTM A6/A6M Standard Specification for General Requirements for Rolled Structural Steel Bars, Plates, Shapes, and Sheet Piling 2. ASTM A252 Standard Specification for Welded and Seamless Steel Pipe Piles B. American Welding Society (AWS): 1. AWS D1.1 Structural Welding Code - Steel. 1.5 SUBMITTALS A. Shop drawings shall include shop fabrication details, connection, welding and other necessary information, details of special reinforcing tips, lagging and splices. B. Submit certified test reports for pipe piles and other structural steel sections. C. Submit for approval descriptions of pile -driving equipment to be employed in the work prior to start of pile installation for each equipment configuration to be used. Include details of the pile hammer, power plant, and leads. D. Submit pile cut-off procedure. E. Submit pile driving records including survey of pile locations at the end of each work day covering piles driven during the day. Submit results of independent diving company's video inspection of pile coating after driving is completed. 1.6 QUALITY ASSURANCE A. Employ only welders qualified in conformance with AWS requirements. A welder producing unsatisfactory work, even though certified, shall be immediately recertified or replaced with another qualified welder. DATE 316218-1 Tubular Steel Pile CENTRAL AVENUE PUBLIC DOCK B. Mill test reports shall conform to ASTM A6/A6M. 1.7 DELIVERY, STORAGE, AND HANDLING A. Materials delivered to site shall be new and undamaged. B. Store and handle pipe piles in a manner recommended by manufacturer to prevent damage, distortion, or deflection to piles and prevent damage to the coating. Pile storage shall allow for inspection access. 1.8 HOURS OF WORK A. Pile driving shall be limited to the hours of 8 a.m. to 4:30 p.m. Monday through Friday. PART 2 -PRODUCTS 2.1 MATERIALS A. Steel pipe pile shall conform to ASTM A252, Grade 3 as modified in this Section. Outside pile diameter and wall thickness shall be as indicated on Drawings. 1. ASTM A252, Grade 3 Modifications: a. Piling shall have a minimum yield strength of 50 ksi. b. All welds shall conform to AWS D1.1 except the alignment tolerance shall be 1/16 - inch. C. Spiral, straight seam, and splice welds shall be double fused, beveled, submerged arc welds in conformance with AWS. Other pre -qualified welds under AWS procedures shall be acceptable. B. Coating for steel pipe piles shall be 3 layer polyethylene coating system with a minimum total thickness of 100 mils as follows: 1. Base coat: Fusion bonded epoxy 10 mils. 2. Tie layer: Copolymer adhesive 10 mils. 3. Top layer: Extruded polyethylene 80 mils minimum, black in color. The bottom 15 feet of the pile shall be un -coated and welded to the coated portion with a full penetration butt weld. PART 3 - EXECUTION 3.1 PILE DRIVING EQUIPMENT A. Provide and maintain equipment for the handling and installation of piles. B. Contractor shall make equipment available for inspection by the Engineer. Deficiencies in quality, quantity or type of equipment shall be corrected prior to commencing work. This inspection and approval shall in no way relieve the Contractor's ongoing obligation to provide all equipment required to perform the work. C. Equipment shall be maintained in good condition and shall be capable of supporting continuous pile hammer operation at full rated speed. Any equipment failing to meet these requirements shall be taken out of service and removed from the site. D. Pile Driving Template and Leads: DATE 31 6218-2 Tubular Steel Pile CENTRAL AVENUE PUBLIC DOCK 1. Pile shall be located using a template designed by the Contractor. The template shall allow pile installation within the specified tolerances. 2. The pile coating must not come in contact with corners or sharp edges which might damage the coating throughout the driving operations. E. Hammers: 1. Pile driving hammers shall be of sizes and types to deliver consistently effective dynamic energy for the piles to be driven to the pile tip elevations specified. Vibratory or hydraulic push -in hammers may be used. No impact hammers will be allowed. 2. Provide hearing protection as required by OSHA. 3. Contractor shall bear costs and delays due to hammer equipment repair including associated retesting of hammers. 3.2 INSTALLATION A. Notify the engineer seven (7) calendar days in advance to perform surveying for pipe pile installation. B. Complete pipe pile installation after dredging. C. Exercise care to install the piles as shown on Drawings. Piles driven to tolerances outside those shown on Drawings or as specified will not be permitted. If piles are not per tolerances, remove and replace piles at Contractor's expense. D. Existing materials which may impede the installation such as riprap shall be removed as required. E. Pile hammers: 1. Vibratory hammers or hydraulic push -in hammers may be used for driving piles. F. Take care to avoid damage to the piles. G. Drive piles to tip elevations indicated on Drawings. Locate piles in accordance with Drawings. 1. Shop and field welding, qualification of welding procedures, welding, and welding operators shall conform to AWS D1.1, for the type of welding required. 2. Cut off piles at elevations indicated by a method approved by the Engineer. Do not use explosives for cutting. 3.3 OBSTRUCTIONS A. Where obstructions are encountered that result in a sudden, unexpected increase in penetration resistance and deviation from the specified tolerances, perform one or more of the following actions at the direction of the Engineer: 1. Remove the obstruction and redrive. 2. Drill through the obstruction and redrive the pile. 3. Spud through the obstruction and redrive the pile. B. Relocate or remove surface or near surface rocks or other obstruction which prevent the locating or driving of the piles. C. If an obstruction is encountered above the required pile toe elevation, Contractor shall stop driving and shall immediately determine the nature and extent of the problem by any method, subject to the approval of the Engineer. The Engineer will review the problem and determine the appropriate steps for resolution as herein specified. DATE 316218-3 Tubular Steel Pile CENTRAL AVENUE PUBLIC DOCK D. If an obstruction which cannot be easily removed is encountered below the ground surface, the object shall be drilled or spudded through. The procedure shall be as follows: 1. Drill through the interior of the pile through the obstruction in advance of the pile and then continue driving. 2. If drilling through the pile is not feasible, remove pile and place safely on ground or barge using techniques that allow pile to be reused. Any damage which occurs to the pile during removal shall be the responsibility of the Contractor. The Engineer will determine if any damage renders the pile unusable. 3. Drill through the obstruction or use a spud of the Contractor's design, approved by the Engineer, to break up the obstruction. 4. The pile shall then be re -driven in the same location. 3.4 FIELD QUALITY CONTROL A. Installation of Pipe Piles and Tolerances: 1. Piles shall be installed only in the presence of the Engineer 2. Piles shall be installed without voluntary interruption by methods apprcved by the Engineer and to the depths shown on Drawings. 3. Install piles such that their final positions are as shown on Drawings. Any pile which is installed out of plumb may be rejected by the Engineer. Refer to "Measurement and Payment" Article for compensation where allowed. Piles which do not meet the location requirements within the stated tolerances may be rejected by the Engineer. 4. Accuracy of Pipe Pile Driving: a. Piles shall be driven with an inclination of not more than 1 percent from the vertical or batter slope shown and the pile tops shall not vary from the design position shown by more than the following dimensions: 2 inches in any direction. The piles shall not be pulled from their natural (freestanding) location. The natural (freestanding) location shall be determined without constraint, support, or movement of the leads against the piles. b. Determine the appropriate starting inclination, if any, and drive the pile at that inclination to achieve alignment shown on Drawings. B. Perform continuous inspection during pile driving. The engineer will perform survey pile locations for compliance with tolerance requirements Out -of -tolerance piles are subject to removal and replacement at no additional cost to the City. C. Visual inspection will be conducted by the Engineer while the operators are welding and after the work is completed. Penetration of the weld metal, fusion, and general ability of the operator will be checked. Hand- or power -wire brush welds after welding is completed to thoroughly clean before inspection. Welds will be inspected for surface cracking, surface porosity, surface slag inclusions, undercut, overlap, gas pockets, and size of weld. Correct defective welds in conformance with applicable requirements of AWS D1.1. D. Vibration producing activities such as pile driving are required for construction of this project. The Contractor is advised that structures are located close to the proposed work and that construction activities shall be conducted to preclude damage to these structures and undue annoyance to occupants. The contractor shall be responsible for all damage caused by his activities. END OF SECTION DATE 316218-4 Tubular Steel Pile CENTRAL AVENUE PUBLIC DOCK SECTION 31 6237 MARINE PRECAST CONCRETE PILES PART 1 - GENERAL 1.1 WORK INCLUDED A. Marine precast concrete piles consists of furnishing all labor, equipment, materials, and incidentals necessary to furnish and install floating dock guide piles, pile caps and other related Work complete, as indicated on the Drawings and as specified. 1.2 A. 1.3 RELATED WORK Section 05 5000 — Metal Fabrications Section 35 5135 — Floating Dock MEASUREMENT AND PAYMENT A. The contract lump sum price paid for marine precast concrete piles shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and installing the marina dock guide piles and caps, and shall include concrete strength and performance testing, finishing and repair or replacement of piling as shown on the Drawings, as specified in the Reference Standards, specified herein, and as directed by the Engineer. Payment will be made under marine precast concrete piles bid item. B. No payment will be made for installation when piles are driven out of tolerance until the piles are placed in the correct position and within the specified tolerances. 1.4 A. 51 DATE REFERENCES American Concrete Institute (ACI): ACI 543R Recommendations for Design, Manufacture, and Installation of Concrete Piles ACI 347 Recommended Practice for Concrete Form Work American Society for Testing and Materials (ASTM International) ASTM A36/A36M Standard Specification for Carbon Structural Steel ASTM A53/A53M Standard Specification for Pipe, Steel, Black and Hot -Dipped Zinc - Coated (Galvanized) Welded and Seamless ASTM A82 Standard Specification for Steel Wire, Plain for Concrete Reinforcement ASTM A416/A416M Standard Specification for Steel Strand, Uncoated Seven -Wire Stress Relieved Strand for Prestressed Concrete ASTM A615/A615M Standard Specification for Deformed and Plain Billet — Steel Bars for Concrete Reinforcement ASTM A706/A706M Specification for Low -Alloy Steel Deformed Bars for Concrete Reinforcement 316237-1 Marine Precast Concrete Piles D. 1.5 A. DATE CENTRAL AVENUE PUBLIC DOCK ASTM A775/A775M Standard Specification for Epoxy -Coated Steel Reinforcing Bars ASTM A934/A934M Standard Specification for Epoxy -Coated Prefabricated Steel PCI MNL -116 Reinforcing Bars ASTM C31/C31M Practices for Making and Curing Concrete Test Specimens in the PCI MNL -120 Field ASTM C33/C33M Standard Specification for Concrete Aggregates ASTM C39/C39M Test Method for Compressive Strength of Cylindrical Concrete PCI MNL -135 Specimens ASTM C88 Standard Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C136/C136M Standard Test Method for Sieve analysis of Fine and Coarse Aggregates ASTM C143/C143M Standard Test Method for Slump of Hydraulic Cement Concrete ASTM C150/C150M Standard Specification for Portland Cement ASTM C173/C173M Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C309 Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete ASTM C470/C470M Standard Specification for Molds for Forming Concrete Test Cylinders Vertically ASTM C494/C494M Standard Specification for Chemical Admixtures for Concrete ASTM D1785 Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules, 40, 80, and 120 ASTM D3963/D3963M Standard Specification for Fabrication and Jobsite Handling of Epoxy Coated Reinforcing Steel Bars Prestressed Concrete Institute (PCI): PCI MNL -116 Manual for Quality Control for Plants and Production of Precast and Prestressed Concrete Products PCI MNL -120 PCI Design Handbook - Precast and Prestressed Concrete PCI MNL -123 Design and Typical Details of Connections for Precast and Prestressed Concrete PCI MNL -135 Tolerance Manual for Precast and Prestressed Concrete Construction Reference Specifications (RS) are the 2009 Edition of the "Greenbook", Standard Specifications for Public Works Construction. DESIGN REQUIREMENTS For the floating dock guide piles, the applied lateral wind and impact loads shall be calculated for not lower than a +7.5 foot MLLW water surface, and a load height acting upon the piles at no lower than +8.5 foot MLLW. 316237-2 Marine Precast Concrete Piles CENTRAL AVENUE PUBLIC DOCK B. Loads imposed on the dock framing system as previously noted in this loading criteria, shall be imposed in -like kind to the piles providing the lateral load resistance for the docks. C. Pile penetration shall not be less than 15 feet, nor the calculated penetration plus 3 feet. D. Guide pile cutoff elevation shall not be lower than +13.0 feet, MLLW. E. Piles are to be square and include a jet tube assembly as depicted on the drawings. Jet tube shall be PVC SCH80 Pipe. The jet tube couplings, nipple, elbow, and nozzle shall be SCH40 steel. F. Half (50%) of the production piles shall be fitted with stingers as depicted on the project drawings. 1.6 MIX DESIGN A. Mix shall be designed to produce a concrete that has maximum density, minimum shrinkage, and maximum smoothness of surface. B. Concrete mix design shall have a compressive strength, when tested in accordance with ASTM C39/c39a at 28 days of 6,000 psi, conforming to RS Subsection 201-1.1.4. C. Water -Cement Ratio: Maximum 0.38 by weight. D. Total Air Content: 3 percent, determined in accordance with ASTM C173/C173M. E. Maximum Aggregate Size: 1 inch, in accordance with ACI 318 Section 3.3 for congested areas unless noted otherwise on the Drawings F. Proportion concrete in conformance with ACI 318, Chapter 4, Durability Requirements. 1.7 SUBMITTALS A. Submit concrete mix design conforming to RS Subsections 201-1.1 and 201-1.1.4 to Engineer for approval. B. Submit Shop Drawings for piles and reinforcing steel in conformance with ACI 318. Provide bending diagrams and assembly diagrams. Indicate splicing, laps of bars, shapes, dimensions, and details of bar reinforcing, accessories, and concrete cover. Do not scale dimensions from structural Drawings to determine lengths of reinforcing rods. Reproductions of Drawings are unacceptable. C. Manufacturer's Data and Certificates of Compliance 1. Certificates of compliance, mill certificates, samples, and test results for prestressing steel, non -prestressed reinforcing steel, pile anchorage steel, PVC jetting tube, and all other embedded items. 2. Certificates of compliance, samples, and test results for cement, aggregates, and admixtures. 3. Certificates of jack calibration curves used in prestressing. Certificates shall be traceable to the NIST. 4. Fabrication Reports: The Contractor shall furnish a written report, including steam -curing data, on each pile approved source, certifying the pile conforms to the Drawings and to the Specification. DATE 316237-3 Marine Precast Concrete Piles CENTRAL AVENUE PUBLIC DOCK 5. Submit six (6) copies of precasting manufacturer's quality control procedures established in accordance with PCI MNL116. This may include current IAS "Accredited Fabricator" or PCI "Plant Certification Program" certification for manufacturer of Group C3 products. Submit certification that aggregates meet the requirements of ASTM C33/C33M Appendix XI for reactivity when tested. E. Submit certification that the aggregates meet the soundness requirements of ASTM C33/C33M when tested in accordance with the requirements of ASTM C88 using a sodium sulfate solution. Project Record Documents: Accurately record the following: Sizes, lengths, and locations of piles. Sequence of driving. 1.8 QUALITY ASSURANCE A. Fabricate in accordance with requirements of PCI MNL -116. B. Design and select pile components under direct supervision of a Professional Engineer experienced in design of this Work and licensed in the State of California. C. Installer Qualifications: Company specializing in performing the work of this section with minimum five years of experience. D. Manufacturer and Fabricator Qualifications: Company specializing in manufacturing products specified in this Section, with not less than three years of documented experience. E. Piles shall not be driven for at least fourteen (14) days after casting, and until the compressive strength of the concrete has reached at least 6,000 psi as determined by standard test cylinders obtained at the Contractor's expense and cured under the same conditions as the piles. PART 2 -PRODUCTS 2.1 MATERIALS A. Portland cement concrete shall conform to RS Subsection 201 1 unless shown otherwise on Drawings. Portland cement shall be Type Il, low alkali (0.6 percent, maximum), in conformance with ASTM C150/C150M. B. Prestressing steel tendons shall meet ASTM A416/A416M, Grade 270, seven -stranded steel cable, low -relaxation type, full length without splices, uncoated and as indicated on Drawings. C. Reinforcing steel shall be Grade 60 in conformance with ASTM A615/A615M, RS Subsection 201-2 and ACI 318. Bars shall be fusion bonded epoxy coated (purple) conforming to the provisions in ASTM A775/A775M and ASTM A934/A934M, except thickness shall be 7 mils minimum. Repairs to damaged coating shall be as described in ASTM D3963/D3963M, except all visible cracks shall be repaired. D. Aggregate shall be normal weight in conformance with RS Subsection 200 1.4, and shall conform to ASTM C33/C33M, and ACI 318, except where concrete is specified by Class on Drawings in conformance with RS Subsection 201-1.1.2. DATE 316237-4 Marine Precast Concrete Piles CENTRAL AVENUE PUBLIC DOCK E. Non -shrink grout shall be chosen by Contractor and closely match the color of the new bulkhead cap, with samples to be provided to the City / Engineer prior to final grouting. Other non -masonry grouts shall conform to RS Subsection 201-7 and as indicated on Drawings. Chemical admixtures shall conform to RS Subsection 201-1.2.4 1. Calcium chloride shall not be used. 2. Strength of concrete with admixture shall be, at 48 hours and more, not less than similar concrete without the admixture. G. Jet tube assembly: Jet tube shall be SCH80 PVC Pipe. The jet tube couplings, nipple, elbow, and nozzle shall be SCH40 steel. The nipple extending from the elbow to the outside of the pile, for jet hose attachment, shall be cast in the concrete with full concrete contact. The exterior surface of the nipple may have a bond breaker applied for ease of removal after the pile has been driven. Stingers shall be made from H -pile steel at the dimensions and embedment as depicted on the drawings. 2.2 PILE CAPS A. Pile cap shall be pyramidal shaped molded fiberglass reinforced plastic, with a minimum thickness of 1/8 inch and a white gel coat finish and attached to the guide pile with a marine grade epoxy adhesive. B. Only the guide pile at the gangway landing float shall have the pyramidal cap. The two piles on the main float shall be fitted with blue finial caps, depicting public dock, to be furnished and installed by the City. PART 3 - EXECUTION 3.1 PREPARATION A. Use driving method that will not cause damage to nearby structures or concrete sheet piling. 3.2 INSTALLATION A. Piles shall be hammer driven full length. Jetting may be used to assist in the hammer driving. If jetting is used, it must terminate 5' above tip elevation. B. Drive piles in the presence of the Engineer. Provide facilities for the Engineer to inspect and record pile data. C. Marking of Piles: Mark each pile at 1 -foot intervals for the purpose of recording the penetration resistance and depth of penetration of the pile. The marks shall be clearly visible. D. Protect pile head during driving, using cushion cap with full bearing on pile butt for even distribution of hammer blow. E. Do not damage piles during driving operations. F. Location of top of pile shall be within two inches of the location shown on the Drawings. Piles shall be driven with an inclination of not more than 1/8 inch per foot from vertical. To determine location, the piles shall not be pulled from their natural (freestanding) location. The natural DATE 316237-5 Marine Precast Concrete Piles CENTRAL AVENUE PUBLIC DOCK (freestanding) location shall be determined without constraint, support, or movement of the leads against the piles. G. The Contractor shall take all steps necessary to protect in place the existing bulkhead and sub- marine waterline on the western edge of the project site during pile driving operations including monitoring of movement. 3.3 UNACCEPTABLE PILES A. Unacceptable Piles: Piles that are placed out of position that affect other design elements, are below cut-off elevations, or are damaged. B. Replace piles to conform to specified requirements. END OF SECTION DATE 316237-6 Marine Precast Concrete Piles SECTION 35 5135 FLOATING DOCK PART1- GENERAL 1.1 WORK INCLUDED CENTRAL AVENUE PUBLIC DOCK A. Floating docks consists of furnishing transportation, labor, materials, and equipment to design, fabricate and install a floating dock system, complete and ready to use, including flotation units, deck system, connection hardware, and dock accessories, (cleats, bumpers, timber wales, rub rail, and pile guide frames). B. The layout and functional dimensions of the floating dock system are indicated on Drawings. The floating dock system shall be designed by Contractor to meet requirements of Drawings and this Section. Materials shall be compatible and suited for their intended use in a marine environment. 1.2 RELATED WORK A. Section 05 5000 — Metal Fabrications B. Section 31 6237 — Marine Precast Concrete Piles C. Section 35 5140 - Gangway 1.3 MEASUREMENT AND PAYMENT A. The contract lump sum price paid for floating dock shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in designing, furnishing and installing the floating dock, and dock appurtenances (including the bull rail, cleats, pile guides, and other related items) as shown on the Drawings, as specified in the Reference Standards, specified herein, and as directed by the Engineer. Payment will be made under floating dock fixed price bid item. 1.4 REFERENCES A. The Aluminum Association, Inc. (AA) Specifications for Aluminum Structures. B. American Concrete Institute (ACI) ACI 211.2 Standard Practice for Selecting Proportions for Structural Lightweight Concrete ACI 212.3R Chemical Additives for Concrete ACI 318 Building Code Requirements for Structural Concrete C. American Institute of Steel Construction, Inc. (AISC): D. AISC Manual of Steel Construction — 13th Edition E. American National Standards Institute (ANSI) F. ANSI B 18.22.1 Plain Washers G. ANSI/ AITC 190.1 Wood Products — Structural Glued Laminated Timber DATE 355135-1 Floating Dock CENTRAL AVENUE PUBLIC DOCK H. American Society for Testing and Materials (ASTM International) ASTM A36/A36M Standard Specification for Carbon Structural Steel ASTM Al23/A123M Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products ASTM Al53/A153M Standard Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware ASTM A276/A276M Stainless and Heat -Resisting Bars and Shapes ASTM A307 Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength ASTM A416/A416M Standard Specification for Steel Strand, Uncoated Seven -Wire for Prestressed Concrete ASTM A615 Standard Specification for Deformed and Plain Carbon Steel Bars for Concrete Reinforcement ASTM A 666 Austenitic Stainless Steel Sheet, Stripe, Plate, and Flat Bar ASTM A775/A775M Standard Specification for Epoxy -Coated Steel Reinforcing Bars ASTM A884/A884M Standard Specification for Epoxy -Coated Steel Wire and Welded Wire Reinforcement ASTM Al064/A1064M Standard Specification for Carbon -Steel Wire and Welded Wire Reinforcement, Plain and Deformed, for Concrete ASTM B308/13308M Standard Specification for Aluminum -Alloy 6061-T6 Standard Structural Profiles ASTM C33/C33M Standard Specification for Concrete Aggregates ASTM C39/C39M Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens ASTM C94/C94M Standard Specification for Ready -Mixed Concrete ASTM C150/C150M Standard Specification for Portland Cement ASTM C173/C173M Standard Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method ASTM C260/C260M Standard Specification for Air -Entraining Admixtures for Concrete ASTM C272/C272M Standard Test Method for Water Absorption of Core Materials for Sandwich Constructions ASTM C330/C330M Standard Specification for Lightweight Aggregates for Structural Concrete ASTM C494/C494M Standard Specification for Chemical Admixtures for Concrete ASTM C578 Standard Specification for Rigid, Cellular Polystyrene Thermal Insulation ASTM C1107/C1107M Standard Specification for Packaged Dry, Hydraulic -Cement Grout (Non -shrink) ASTM D638 Standard Test Method for Tensile Properties of Rigid Plastics ASTM D695 Standard Test Method for Compressive Properties of Rigid Plastics ASTM D790 Standard Test Method for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials ASTM D1248 Polyethylene Plastics and Molding and Extrusion Materials ASTM D1621 Compressive Properties of Rigid Cellular Plastics ASTM D1693 Environmental Stress -Cracking of Ethylene Plastics ASTM D1763 Epoxy Resins ASTM D1785 Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80 and 120 ASTM D 2343 Tensile Properties of Glass Fiber Strands, Yarns, and Rovings Used In Reinforced Plastics ASTM D 2559 Adhesives for Structural Laminated Wood Products for Use Under Exterior (Wet Use) Exposure Conditions ASTM D3963/D3963M Standard Specification for Fabrication and Jobsite Handling of Epoxy - Coated Reinforcing Steel Bars ASTM F436/F436M Standard Specification for Hardened Steel Washers DATE 355135-2 Floating Dock CENTRAL AVENUE PUBLIC DOCK ASTM F593 Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs ASTM F594 Standard Specification for Stainless Steel Nuts ASTM F3125/F3125M Standard Specification for High Strength Structural Bolts, Steel and Alloy Steel, Heat Treated, 120 ksi and 150 ksi Minimum Tensile Strength I. American Welding Society (AWS): AWS D1.1 Structural Welding Code - Steel J. American Wood Preservers Association (AWPA): AWPA C9 Plywood Preservative Treatment AWPA C18 Pressure Treated Material in Marine Construction AWPA M4 Standard for the Care of Preservative -Treated Wood Products K. California Department of Boating and Waterways (DBW): Layout and Design Guidelines for Marina Berthing Facilities, July 2005 L. City of Newport Beach: Waterfront Project Guidelines and Standards, 2008 Edition, Harbor Design Criteria Commercial & Residential Facilities M. West Coast Lumber Inspection Bureau (WCLIB): Standard No.17 Grading and Dressing Rules for Lumber N. Reference Specifications (RS) are the 2009 Edition of the "Greenbook", Standard Specifications for Public Works Construction: 1.5 SYSTEM DESCRIPTION: DESIGN CRITERIA FOR FLOATING DOCKS A. Final calculations shall demonstrate that the floating dock and guide piles, using the criteria specified in this Section as a minimum standard, are designed to withstand the required loading, singularly or in combination, without damage to the dock or pile system, throughout the systems specified design life. The design loads shall be applied at the locations and in the combinations described in this Section. B. The layout and principal dimensions of the floating dock are indicated on the Drawings. Contractor shall provide a system that conforms to the layout and dimensions indicated on the Drawings and conforms to the provisions of this Section. C. The dock shall be constructed of materials conforming to the requirement of Section I A 3, Dock Materials of Construction in the City Of Newport Beach Waterfront Project Guidelines And Standards — Harbor Design Criteria Commercial & Residential Facilities 2008 Edition, unless otherwise required by this specification. D. Freeboard under dead load only shall not be less than 18 inches or more than 24 inches at the end of 1 year from the date of Notice of Completion. Sufficient floatation shall be provided to support a dead load plus live load freeboard of 9 inches or more, and all timber or steel elements are at least 1 foot clear of the water. DATE 355135-3 Floating Dock CENTRAL AVENUE PUBLIC DOCK E. The floating dock system shall be designed to float level under dead load. The deck of the float modules shall be level and flush upon completion within the following tolerances. 1. Dead load only, and dead load and live load deck surface slope: a. Transverse Direction: Not more than 1/4 inch per foot, 1 inch maximum. b. Longitudinal Direction: Not more than 1 inch per 10 feet of length. 2. Dead load and point live load: a. Transverse Direction: Not more than 1/2 inch per foot, 2 inch maximum. b. Longitudinal Direction: Not more than 1/4 inch per foot, 2 inches in 10 feet maximum. 3. Assembly gap between adjoining concrete floats: a. Minimum 1/4 -inch, Maximum 1/2 -inch 4. Vertical height difference between adjoining concrete floats, wales and deck panels: a. Maximum 1/4 -inch F. Special floats shall be designed to support the superimposed dead loads imposed by the gangway ramp, or other dock accessories. Float modules with special loading shall have the same freeboard as floats with no such loading, so that there will be no residual stresses or tilting when the floats are interconnected and to ensure that the dock system deck is level within the specified tolerance. Individual float module depth shall be varied to provide sufficient support for concentrated loads and ensure that the floating dock system maintains the specified freeboard within the required tolerance. G. The floating dock system, including all structural and accessory components of the system, shall be designed for a 35 year life expectancy. H. The floating dock system shall be designed to be restrained by the marine precast concrete guide piles as indicated on Drawings. The guide pile section, length, tip elevation and location shall be determined by the contractor's geotechnical engineer from the environmental conditions and the estimated design loads. Dock system shall be adjustable to guide pile X -Y location tolerances within a minimum of 4 inches in any direction, at the elevation of the guides at MHHW. 1.6 DESIGN REQUIREMENTS - DESIGN LOADS A. Dead load shall consist of the weight of float modules, framing, wale system, attachment steel, miscellaneous connection devices, and all other permanently attached accessories such as pile guides, fire protection equipment, cleats, and ramps. Contractor shall exercise care to ensure that all dead loads are accurately determined and accounted for, including superimposed gangway loads, consideration of weight gain due to water absorption, and manufacturing tolerances that affect the final freeboard. B. Minimum Live Loads shall consist of: 1. Uniform Live Load (ULL) of 40 pounds per square foot of dock, including the area of landings and ramps supported by the dock. 2. Concentrated Live Load (CLL) of 400 Pounds applied at any location on the floating dock greater than 12 -inches from an edge. 3. Wind Load (WL) on the projected "sail area" of a vessel/dock combination applied as discussed in the DBAW Guidelines, the City of Newport Beach, Waterfront Project Guidelines and Standards, and the following: a. Wind load on the lateral area of vessels or structures shall not be less than 15 pounds per square foot acting on the projected area of the docks as well as the "sail area" of the berthed vessels. b. Lateral area of vessels for wind load calculations acting on the "sail area" of the vessel shall be as per Graph No. 1 in the City of Newport Beach, Waterfront Project Guidelines and Standards, or the actual sail area of the anticipated vessel, as shown in the following table: DATE 355135-4 Floating Dock CENTRAL AVENUE PUBLIC DOCK Overall Len th —ft. 26 Effective ProfileHeight —ft. 6.5 Effective Beam Width — ft. 14.4 C. Wind Load Application: 1) 100 percent berth occupancy. 2) 100 percent applied to vessels in the front unshielded berth or row of berths. 3) Ten percent (10%) of the full wind load for an unshielded vessel shall be applied to each vessel in the lee of the unshielded vessel. 4) Transverse Load of design vessel applied at midship to the dock. 4. Wave Load (WL) applied as discussed in the DBAW Guidelines and the following: a. Wave height of 1 foot. b. Wave length equal to 55 feet, or the length of a finger for fingers less than 55 feet. C. Wave direction (propagation) parallel to longitudinal axis of the dock or finger. 5. Impact Load (IL) due to impact of a vessel applied as discussed in the DBAW Guidelines and the following: a. Vessel dockinq weiqht: b. Typical recreational vessel approach at a speed of 2 fps and an angle of 10 degrees from the dock. Only one vessel will dock at a time. C. Impact load applied to fingers at the outboard end (cantilever fingers) or at the midpoint (pile supported fingers) 6. Gangway Load (GL) is a superimposed load consisting of: a. Dead load weight of gangway structure tributary to dock b. Uniform Live Load of 40 pound per square foot on the gangway deck area transferred to the dock 7. Current Load (CL) is considered negligible in this location. C. Combined loading cases for design: 1. Case 1 — Dead Load + Uniform Live Load 2. Case 2 — Dead Load + 400 Ib Concentrated Live Load 3. Case 3 — Dead Load + Wind Load + Wave Load + Impact Load D. Design Calculations: 1. Calculations shall be provided for loads imposed by the Contractors handling and lifting methods based on the concrete strength expected at the time of lifting or moving of the Float modules. 2. A 1/3 increase in allowable stresses can be used when in combination with either wind, current, wave or impact loads. For all wood stresses, the allowable stress shall be reduced in accordance with the California Building Code for wet conditions, and then the 1/3 increase in allowable stress applied. 3. The design calculations shall include but not be limited to the following: a. Determination of extreme fiber stresses in all structural members, including guide piles, for all load cases. b. Stresses in the dock system connections for all load cases. C. Transfer of moored vessel forces to cleats and to the dock system. d. Transfer of dock system loads to guide piles that consider the difference in the structural stiffness of the dock system and the guide piles of various lengths and sections. e. Transfer of forces at guide pile frames and connections. f. Transfer of forces at dock modules and dock module connections. g. Freeboard calculations for all float modules h. Transfer of guide pile loads to soil, including analysis of pile -soil interaction (required if Contractor elects to revise the guide pile design indicated on the Drawings). DATE 355135-5 Floating Dock Overall Len th — ft. 26 Effective Wei it — kis 10.5 b. Typical recreational vessel approach at a speed of 2 fps and an angle of 10 degrees from the dock. Only one vessel will dock at a time. C. Impact load applied to fingers at the outboard end (cantilever fingers) or at the midpoint (pile supported fingers) 6. Gangway Load (GL) is a superimposed load consisting of: a. Dead load weight of gangway structure tributary to dock b. Uniform Live Load of 40 pound per square foot on the gangway deck area transferred to the dock 7. Current Load (CL) is considered negligible in this location. C. Combined loading cases for design: 1. Case 1 — Dead Load + Uniform Live Load 2. Case 2 — Dead Load + 400 Ib Concentrated Live Load 3. Case 3 — Dead Load + Wind Load + Wave Load + Impact Load D. Design Calculations: 1. Calculations shall be provided for loads imposed by the Contractors handling and lifting methods based on the concrete strength expected at the time of lifting or moving of the Float modules. 2. A 1/3 increase in allowable stresses can be used when in combination with either wind, current, wave or impact loads. For all wood stresses, the allowable stress shall be reduced in accordance with the California Building Code for wet conditions, and then the 1/3 increase in allowable stress applied. 3. The design calculations shall include but not be limited to the following: a. Determination of extreme fiber stresses in all structural members, including guide piles, for all load cases. b. Stresses in the dock system connections for all load cases. C. Transfer of moored vessel forces to cleats and to the dock system. d. Transfer of dock system loads to guide piles that consider the difference in the structural stiffness of the dock system and the guide piles of various lengths and sections. e. Transfer of forces at guide pile frames and connections. f. Transfer of forces at dock modules and dock module connections. g. Freeboard calculations for all float modules h. Transfer of guide pile loads to soil, including analysis of pile -soil interaction (required if Contractor elects to revise the guide pile design indicated on the Drawings). DATE 355135-5 Floating Dock CENTRAL AVENUE PUBLIC DOCK 1.7 REQUIREMENTS FOR DOCK SYSTEM GUIDE PILES A. Dock system guide piles shall be fabricated and installed in conformance with Section 35-0510, Marine Precast Concrete Piles. 1.8 SUBMITTALS A. Prior to the fabrication of the dock system components, submit final design calculations signed and sealed by a State of California registered engineer. The calculations shall demonstrate that the floating dock system, using the criteria specified herein as minimum requirements, is designed to withstand the specified loads without damage throughout the design life of the system (35 years). B. Prior to the fabrication of the dock system components, submit shop drawings signed and sealed by a State of California registered engineer. Shop drawings shall indicate the proposed berth layout and dock and float module dimensions, dock and float module construction details, connection details, and location and methods for attaching accessories. Submit shop drawings for all specially fabricated items including pile guides, connections, cleat installation and include catalog sheets for all standard manufactured items that are to be incorporated into the floating dock system. C. Prior to the fabrication of dock system components, submit certified test reports: 1. Timber and Timber Treatment 2. Float Module Materials and Concrete Mix Design 3. Fasteners 4. Portland Cement 5. Aggregates 6. Admixtures 7. Reinforcement Steel 8. Structural Steel 9. Foam Water Absorption D. Prior to the fabrication of float system components, submit catalog cut sheets: 1. Cleats 2. Dock bumper 3. Pile cap 4. Modular floating docks and accessories E. Submit experience data verifying the dock system supplier's required years of experience in the manufacture and installation of floating docks including the project location, date of installation, and Owner (including the name, address, phone number of a person who can be contacted for verification). A previous installation of the proposed system for this project shall be included. F. Submit quality control plan to be used during the manufacture and installation of the floating dock system. G. Submit complete data, covering details of operation and maintenance procedures for all floating dock system components. The manual shall include instructions, recommended frequencies of maintenance and maintenance procedures and materials by brand name and specification. All data shall be on 8 1/2 by 11 inches sheets of paper bound together in a book with a protective cover. The binder external cover shall be identified as "Floating Dock System Operation and Maintenance Procedures'. DATE 355135-6 Floating Dock CENTRAL AVENUE PUBLIC DOCK H. Submit a complete and accurate record of all float modules manufactured. The record shall include float identification, date cast, related concrete cylinder strength tests and all quality assurance tests and inspection items performed on the float module. 1.9 CONTRACTOR'S QUALIFICATIONS A. The Contractor's proposed dock system shall be furnished and installed by a firm having a minimum of 10 years of experience in the manufacture and installation of floating dock systems in a salt water environment. The dock design being proposed for this project shall have been successfully installed for a minimum of 5 years at another location. 1.10 DELIVERY, STORAGE, AND HANDLING A. Use all means necessary to protect materials before, during, and after delivery to the Work site, and to protect the installed work and materials of all other trades. Use extreme care in the off- loading of materials to prevent damage. B. Deliver the materials to the Work site and store, all in a safe area, out of the way of traffic, and shored up off the ground surface. C. Identify all float modules, hardware and framing lumber and store separately from each other. Protect all metal products with adequate weatherproof outer wrappings. D. In the event of damage, immediately make all repairs and replacements necessary to the approval of the Engineer and at no additional cost. 1.11 WARRANTY A. The floating dock system, including all structural components, shall carrywarranty against defects in materials and workmanship for 10 years from the date of Notice of Completion. All other dock system components including accessory items shall carry a warranty against defects in materials and workmanship for 5 years from the date of Notice of Completion or the manufacturer's warranty, whichever is more. PART 2 -PRODUCTS 2.1 CONCRETE FLOATING DOCK A. Portland cement shall conform to ASTM C150/C150M Type II modified, and low alkali. B. Chemical admixtures shall conform to ASTM C494/C494M. Air entrainment admixture shall conform to ASTM C260/C260M. C. Water for mixing and curing, including the moisture and water in the aggregates, shall be fresh, clean and potable. D. Coarse and fine aggregates shall conform to ASTM C33/C33M, and ASTM C330/C330M where lightweight aggregates are used. Size designation shall be nominal 3/4 -inch maximum. Lightweight aggregate shall consist of expanded and coated shale or equivalent material of sufficient strength and durability to provide concrete of the required strength. E. Bar reinforcement shall conform to ASTM A615/A615M Grade 60, all bar reinforcement shall be epoxy coated in conformance with ASTM A775/A775M and ASTM D3963/D3963M. DATE 355135-7 Floating Dock CENTRAL AVENUE PUBLIC DOCK F. Pre -stressing Tendons shall be 7 wire low relaxation strand and shall conform to ASTM A416/A416M, Grade 270. G. Welded wire mesh shall conform to ASTM A1064/A1064M and shall be galvanized, with all visible defects and cut ends repair coated. Wires used to tie reinforcing steel shall be stainless steel or epoxy coated. H. Anchor bolts, threaded inserts and embedments in concrete shall be ASTM F593, Group 2, (316) stainless steel with a welded loop or horizontal bar hook. Nuts shall conform to ASTM F594, Group 2. I. Foam core for floats shall be a rigid block of closed cell expanded polystyrene. The polystyrene foam shall have a unit weight between 0.95 pounds per cubic foot and 1.20 pounds per cubic foot. Properties of the foam shall conform to ASTM C578, with maximum water absorption less than 3.0 percent as determined by ASTM C272/C272M, Method C. The foam core shall not have more than 10 percent reground material, and reground foam pieces shall not exceed 3/8 inch diameter. J. PVC pipe shall be ASTM D1785, embedded as required for through rods. K. Pull boxes for electrical raceways shall conform to City of Newport Beach adopted codes, and shall be set flush with the walking surface, and self -draining. All bolts for lids on pull boxes shall be ASTM F593, Group 2, (316) stainless steel. Boxes shall have a 1 -inch nominal concrete bottom and bottom shall not be lower than the inverts of the PVC sleeves. L. Concrete Mix: 1. Design in conformance with ACI 211.2 or ACI 318. Concrete for floats shall have a minimum compressive strength of 5,000 psi at 28 days in conformance with ASTM C94/C94M; the minimum cement content shall be 658 pounds (7 sacks) per cubic yard. The maximum water -cement ratio shall be 0.40. 2. Concrete shall be air -entrained in conformance with ACI 212.3R. The air content of freshly mixed concrete shall be between 4 percent and 7 percent when tested in conformance with ASTM C173/C173M. M. Formwork: 1. Float modules shall be cast in forms of sufficient strength and rigidity to maintain the intended size and shape during the casting process. 2. Forms shall be so constructed and braced that all principal planes will be either true horizontal or true vertical and dimensions of the units will not vary more than 1/8 -inch from the dimensions shown on the shop drawings, including diagonal distances corner to corner. 3. Forms shall be so constructed that floats can be cast without construction joints. 4. Forms shall be thoroughly cleaned after each use and coated with oil, paraffin, or other applications, as may be necessary to prevent bonding of the concrete and to leave clean, smooth and hard surfaces. 5. Forms may be removed 18 hours after placing concrete, provided concrete will not be injured and provided specified curing procedures are adhered to. 6. The foam core shall be pre -formed to the interior configuration as a solid block with an allowable variation of 1/8 -inch from the dimensions shown on the shop drawings. The use of cores formed byjoining small blocks of foam together is not permitted unless the material and method for joining such blocks has been approved by the Engineer. Cores shall be securely anchored in place during the casting of concrete. Displacement that results in loss of minimum concrete cover over reinforcement of 1 inch or less than 1-1/2 inches wall thickness or less than 2 inches deck thickness shall be cause for rejection. DATE 355135-8 Floating Dock CENTRAL AVENUE PUBLIC DOCK 7. Through -rod tubes shall be placed true to location shown in the shop drawings with a tolerance of plus or minus 1/8 inch and shall not exhibit a deflection greater than 1/4 inch in any direction. N. Concrete Mixing and Placing: 1. Before handling concrete materials, all handling equipment and forms shall be thoroughly cleaned of concrete splashings, dirt, debris and other foreign matter and forms shall be coated as herein elsewhere specified. One person, as approved by the Engineer, shall be designated to be responsible for maintaining consistent, uniform concrete. 2. Size of batches shall be so controlled that concrete is placed in forms within one hour after materials have been placed in the mixer. Mixing and casting shall be performed under cover and the casting area screened from sun, wind and other elements. 3. Concrete shall be conveyed from the mixer and deposited in its final position in a manner to prevent separation and segregation of materials. Flowing shall be avoided as it causes segregation. Floats shall be cast monolithically and the placing of concrete shall be a continuous operation from the start to the completion of a float module. 4. The plastic concrete shall be thoroughly compacted to fill all form cavities and by surrounding all reinforcement and embedment, which shall be forms with a powered vibrator, and secured against displacement during the placing of concrete. O. Concrete Finishing: 1. Concrete deck surfaces shall be broom finished in the direction perpendicular to the long axis of the dock as approved by the Engineer to give a coarse, non -slip surface. Edges shall be finished uniformly 3 inches back onto the deck with a smooth finishing tool that will give a bull -nosed edge to 1/2 inch radius. 2. Exterior surfaces shall be hard, dense, and as smooth as finished lumber. 3. Surfaces to receive contacting timber shall be smooth and true to within 1/32 inch. 4. Each float module shall be permanently marked in an accessible place on the exterior surface by a stamp, of a type and design approved by the Engineer, embedded approximately 1/8 inch, but not more than 3/16 inch, into the concrete surface, identifying the manufacturer and showing casting date and lot number. Such information shall be imprinted on the concrete before it has hardened and shall not be altered thereafter. 5. Voids up to 1/2 inch diameter or 1/8 inch depth shall be patched with an approved epoxy grout. Larger voids shall be cause for rejection of the float. 6. Precast concrete containing hairline cracks which are visible but not measurable by ordinary means may be accepted. Precast concrete containing cracks 0.02 inch wide and over will be rejected by the Engineer unless the Engineer approves the Contractor's proposed repair plan. P. Curing, Handling and Storage: 1. Except as otherwise approved, floats shall be cured for a minimum period of 7 days before transporting or assembling. Curing may be effected by any of the following methods: a. Spraying with "Hunt's Process" or equal as soon as exposed surfaces are firmly set and as soon as forms are removed from formed surfaces. b. Covering with burlap or other suitable material and keeping constantly wet. C. Immersing in water. 2. Contractor shall select the method of curing and be responsible for the result, except that all curing shall be with complete protection from sun, wind, and freezing temperatures. 2.2 TIMBER FRAMED FLOATING DOCK A. All timber shall be Douglas Fir -Larch that, as a minimum, conforms to the rules for stress -rated lumber in accordance with WCLIB Grading Rules for select structural timber. All timber and lumber shall be S 4 S unless otherwise approved. Timber materials shall be identified by DATE 355135-9 Floating Dock CENTRAL AVENUE PUBLIC DOCK markings of a recognized association. Timber members shall be preservative treated as specified. B. Contractor may propose the use of glued laminated materials. The basic materials shall conform to the specified requirements for Timber of this section. Glued -laminated beams shall conform to the requirements of ASTM D2559 or ANSI/AITC A190.1. The allowable working stress values shall be indicated on the approved shop drawings. Glued -laminated timbers shall be fabricated with water proof adhesive. Finished members shall be Architectural Appearance Grade. Members shall be preservative treated as specified. C. Plywood shall be Marine Grade. Plywood shall be preservative treated as specified D. Lumber and plywood shall be pressure treated for marine (saltwater) exposure with water borne salt preservative ACQ. Treatment shall be in conformance with AWPA C18 with a minimum net retention of 0.6 pound per cubic foot, by assay procedure. Provide certification by an independent laboratory, acceptable to the Engineer, of material used and retention rate. Wood members shall be fabricated to length and drilled before treatment as much as practicable. Field working of treated lumber shall be kept to a minimum. Field cutting and drilling shall require treatment of exposed surfaces in conformance with AWPA M4. 2.3 PONTOON SHELLS A. Pontoon shells may be manufactured from several materials as described in the following paragraphs: 1. Fiberglass shells shall be manufactured from fiberglass reinforced plastic material conforming to ASTM D1763 and D2343. The pontoon shall have a black gel coat finish and have a minimum wall thickness of 1/8 inch. Each pontoon shall be completely filled with foam complying with the requirements stated elsewhere in this Section. Suppliers of pontoons shall present evidence that the pontoon being supplied is free of cracks and thinning of material at the corners and upper flanges of the pontoon. Pontoons shall be attached to the dock system structure so that all the edges of the pontoon upper flanges are bolted to structural members to minimize flexing and deformation of the pontoon. The use of shims or spacers between the dock system deck and the pontoon to achieve required flotation will not be permitted 2. Plastic shells shall be manufactured from either high density polyethylene or cross-linked polyethylene material conforming to ASTM D1248. The polyethylene shall be black in color and have a minimum wall thickness of 1/8 inch. Each pontoon shall be completely filled with foam complying with the requirements stated elsewhere in this Section. Suppliers of pontoons shall present evidence that the pontoon being supplied is free of cracks and thinning of material at the corners and upper flanges of the pontoon. Pontoons shall be attached to the dock system structure so that all the edges of the pontoon upper flanges are bolted to structural members to minimize flexing and deformation of the pontoon. The use of shims or spacers between the dock system and the pontoon to achieve required floatation will not be permitted. Plastic material used shall conform to ASTM D1248, Type III, Class A, and Category J. The plastic shall be rated at not less than 800 hours when subjected to an ESCB test in conformance with ASTM D1693. 2.4 FOAM FILL A. Each pontoon shall be completely filled with foamed -in-place, closed cell, 1.6,pcf minimum density, urethane foam conforming to ASTM C578. B. In addition to the urethane foam specified above, either the fiberglass or the polyethylene shells can be filled with polystyrene foam provided the foam is in contact with and supports the outer DATE 355135-10 Floating Dock CENTRAL AVENUE PUBLIC DOCK shell. Voids between the foam and shell will be permitted at exterior corners only. If polystyrene is used, it shall be completely encased with either polyethylene or fiberglass. C. Expanded polystyrene foam conforming to ASTM D1621 or FS HHI - 524, Type III may be used. Polystyrene foam shall be expanded Dylite or approved equal. Representative samples shall be taken from each day's foam production and tested for water absorption. Water absorption in excess of 2% by volume, when submerged for a period of 24 hours, shall be cause for rejection of the foam. Accurate records of water absorption tests shall be kept at the manufacturing facility. Copies of these records shall be furnished to the Owner. D. All foam material used in the fabrication of the pontoons shall be made from new material specifically manufactured for the intended use. No reground materials will be allowed and both the supplier of the material and the fabricator shall certify that no reground material is incorporated in the Work. 2.5 FIBERGLASS FLOATING DOCK A. Fiber Reinforced Plastic (FRP) is defined as molded surface coat over polyester resin laminate reinforced with glass fiber and structural reinforcing as required. Materials used shall meet or exceed the following criteria: 1. Surface Coat: Ultraviolet inhibited NPG-ISO polyester gel coat, 20 mils thick (acceptable variation of +/- 2.5 mils), nominal. 2. Resin: DCPD polyester resin. 3. Reinforcing Material: Commercial grade of fiber glass (continuous strand, chopped strand, continuous mat and/or non -continuous mat) having a coupling agent, which will provide a suitable bond between the glass reinforcement and the resin. 4. Glass content shall be 25 to 30 percent by weight. 5. FRP Shell thickness (no core) shall be ''% inch minimum and 3/16 inch minimum on the top layer and 3/16 inch thickness on the bottom layer. 6. Flexural strength shall be 12,000 to 17,000 psi in accordance with ASTM D790. 7. Modulus of Elasticity shall be 900,000 psi in accordance with ASTM D790. 8. Tensile Strength shall be 7,000 to 10,000 psi in accordance with ASTM D638. 9. Compressive Strength shall be 17,000 psi in accordance with ASTM D695. 10. Thermal expansion coefficient shall be 10 x 10-6 per degree Fahrenheit. 2.6 DOCK CLEATS A. Dock cleats shall be cast iron, hot dipped galvanized open base cleats Type 504H as supplied by Henderson Marine Supply, or approved equal. Cleat locations and sizes shall be as indicated on Drawings; attach cleats to the docks in accordance with the dock manufacturers' recommendation. 2.7 DOCK BUMPERS A. Dock bumpers shall be extruded or molded from grey color marine grade vinyl, Model No. RR - 5005 Grey as supplied by Premier Materials at 1-800-262-2275, or approved equal, and shall be applied to all edges of the dock. 2.8 HARDWARE A. Structural steel shall conform to ASTM A36/A36M and be a minimum 1/4 inch thick. Design, fabrication and erection of structural steel shall conform to AISC Manual. Hot -dip galvanize after fabrication in accordance with ASTM A123/A123M. DATE 355135-11 Floating Dock CENTRAL AVENUE PUBLIC DOCK B. Standard bolts and nuts shall conform to ASTM A307. Washers shall be used with nuts and bolts. Round plate washers shall be used for bearing on wood; cut washers shall be used for bearing on steel. Secure fasteners with helical spring type lock washers. Hot -dip galvanize steel fasteners in conformance with ASTM A153/A153M. C. Stainless steel hardware shall be Type 316 unless otherwise noted. Bolts shall be ASTM F593 Group 2. Nuts shall be ASTM F594 Group 2. Fasteners for dock accessories shall be stainless steel unless otherwise noted on the Drawings. 2.9 PLASTIC LUMBER A. Plastic lumber shall be manufactured with HDPE and grey in color. Lumber shall be molded in one piece per specified size. All materials will have UV additives to prevent deterioration of the plastic lumber from exposure to UV light. Finished plastic lumber will not rot, crack or splinter for a minimum of 50 years. It shall be resistant to termites, marine borers, salt spray, oil, and fungus. PART 3 - EXECUTION 3.1 PREPARATION A. Installation shall conform to approved shop drawings with connections tightened as required after complete installation of each unit of the work in the water and before final inspection. B. Welding shall be performed by properly certified welders and shall conform to the current specifications of the American Welding Society. C. Fasteners shall not protrude beyond the fascia into the berthing area. Fasteners protruding above the surface of the deck shall have a low, rounded profile. D. Bolts shall be of the size required, with adequate thread length. All lag bolts and screws shall be pre -bored and turned into place. Driving is not allowed. E. Lumber shall be fabricated accurately to provide uniform gaps and butt joint connections. Lumber splices shall not exceed 1/2 inch between adjoining ends. F. Wales, fascia, spacers, panels, or other members, which are subject to foot traffic, shall be flush with the walking surface. G. Bolts used for connectors contained within the float modules shall be double -nutted. 3.2 DOCK ACCESSORIES A. Install dock accessories in accordance with Drawings, Specifications and manufacturer's recommendations. B. Schedule installation of dock accessories to avoid damage from other work. 3.3 DOCK SYSTEM TOLERANCES A. Install floating dock system to the following tolerances from the planned dimensions as shown on Drawings. Floats exceeding specified tolerances shall be removed and replaced. DATE 355135-12 Floating Dock CENTRAL AVENUE PUBLIC DOCK B. Float Fabrication Tolerances (allowable variation of construction dimension from nominal dimension shown on the Drawings): 1. Float Width: Plus or minus 2 inches from nominal float width. 2. Float Depth: As required to satisfy freeboard requirements. 3. Fillet at the connection of gangway landing float and the main float shall not have less than a 4 -foot side. 3.4 ONE-YEAR MAINTENANCE A. Following the Notice of Completion, Contractor shall be responsible for maintenance per Section 35 0150 for one year (365 Calendar Days). The maintenance shall be performed at two dates, one at 180 days from NOC, and one at 365 days from NOC. END OF SECTION DATE 355135-13 Floating Dock CENTRAL AVENUE PUBLIC DOCK SECTION 35 5140 GANGWAY PART 1 -GENERAL 1.1 WORK INCLUDED A. Gangway consists of furnishing transportation, labor, materials, and equipment to design, fabricate and install the gangway complete in place. 1.2 RELATED WORK A. Section 05 5000 — Metal Fabrications B. Section 35 5135 — Floating Docks 1.3 MEASUREMENT AND PAYMENT A. The contract lump sum price paid for gangway shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in procurement and installation of gangway, utility hangars, transition plate, skid plates, hinges and appurtenances. Payment will be made under gangway fixed price bid item 1.4 REFERENCES A. Aluminum Association, Inc. (AA): AA ADM -1 Aluminum Design Manual B. American Institute of Steel Construction (AISC): Steel Construction Manual — 13th Edition C. American Society for Testing and Materials (ASTM International): ASTM A36/A36M Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) by the Hot -Dip Process for Roofing and Siding ASTM A123/A123M Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products ASTM All 53/A153M Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware ASTM A276/A276M Specification for Stainless Steel Bars and Shapes ASTM A666 Specification for Annealed or Cold -Worked Austenitic Stainless Steel Sheet, Strip, Plate and Flat Bar ASTM 8221 Standard Specification for Aluminum and Aluminum -Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes ASTM F436/F436M Specification for Hardened Steel Washers ASTM F593 Standard Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs ASTM F594 Standard Specification for Stainless Steel Nuts ASTM F3125/F3125M Standard Specification for High Strength Structural Bolts, Steel and Alloy Steel, heat Treated, 120 ksi and 150 ksi Minimum Tensile Strength D. American Welding Society (AWS): AWS D1.2 Structural Welding Code -Aluminum E. Reference Specifications (RS) are the 2009 Edition of the "Greenbook", Standard Specifications for Public Works Construction 355140-1 Gangway CENTRAL AVENUE PUBLIC DOCK F. California Department of Boating and Waterways (DBAW): DBAW Layout and Design Guidelines for Marina Berthing Facilities G. Society for Protective Coatings (SSPC): H. SSPC SP 6 Commercial Blast Cleaning 1.5 QUALITY ASSURANCE A. Gangway system shall be furnished by a firm having a minimum of 5 years experience in the fabrication of marina aluminum gangway systems. B. The Engineer reserves the right to inspect the manufacture or fabrication. The Engineer's inspection of the work does not relieve the Contractor of the responsibility for the work. Errors or faults that are discovered during fabrication shall be corrected by the Contractor prior to installation. C. Welders shall be qualified in accordance with the requirements of AWS D1.2. D. Prepare mill tests for specified ASTM material. 1.6 WARRANTY A. Gangway system shall carry a warranty against defects in material and workmanship for 10 years from the date of Notice of Completion. 1.7 DESIGN REQUIREMENTS A. Information presented in this Section is based upon the Engineer's best estimate of those environmental and physical factors which reasonably can be expected to affect the design, performance, and durability of the proposed gangway system. These criteria shall be considered as minimum requirements for any proposed gangways. Conformance to the minimum sizes, strengths, and design parameters given in this Section will not automatically ensure approval. The proposed gangway design shall be subject to thorough engineering analysis using all relevant criteria that could affect the structural integrity of the installed system. B. Final calculations shall demonstrate that the gangways using the criteria specified in this section as a minimum standard are designed to withstand the required loading without damage throughout the specified design life. The load combinations and allowable stresses are described in this Section. C. The length and width of the gangways shall be as shown on Drawings. D. The vertical design load shall be the combination of the dead weight of the structure, including any attached utilities, and either live load Case A or Case B, whichever governs. 1. Case A shall be a uniform live load of 100 pounds per square foot of deck surface area 2. Case B shall be a concentrated live load of 650 pounds (since on the ADA Path of Travel) applied anywhere on the deck surface. E. The maximum allowable deflection under the vertical design load shall equal the span divided by 240. F. The horizontal design load shall be a uniform wind load of 15 pounds per square foot of profile area. The horizontal design load shall be applied in combination with the dead weight. 355140-2 Gangway CENTRAL AVENUE PUBLIC DOCK G. Guard, mid and hand railings shall meet the requirements of the latest State of California Title 24 requirements. H. Railings shall be designed to resist a load of 50 pounds per foot applied horizontally to the rail or a 200 -pound point load applied vertically at any point along the length of all horizontal rails. I. Deck and structural components shall be designed with a minimum safety factor on working stress as specified in AA ADM -1 for bridge type structures. For non -aluminum structural components, similar safety factors shall apply. J. The walking surface of the gangway, including the transition and hinge plates, shall be provided with a non -slip surface. K. The gangway shall be fitted with a guardrail on each side of the walking surface with a handrail extending a minimum of 1 foot beyond the ends of the structure, with return at the ends. The rails shall be fabricated of aluminum pipe or tubing. Openings in the guardrail shall not permit passage of a 4 -inch diameter sphere, including the transitions at each end of the gangway at extreme low and high tides. L. Design shall also consider stresses resulting from handling and installation. W Gangway shall be designed to withstand dock motions including a vertical change in dock elevation due to water level fluctuation as indicated on Drawings and horizontal drift due to wind loads without structure interference or overstress, including fatigue of gangway members and supports. Gangway wheels shall remain in contact with the tracks on the dock at all times. Transition plate shall make a smooth, gap -free transition between the gangway deck and the floating dock. The transition plate shall be designed for a minimum 100 psf live load, be made from at least 1/4 -inch material and shall be attached to the gangway by means of a continuous pipe hinge. The transition plate shall be the full width of the gangway and have a maximum slope of 12(H):1 (V) and a non -slip walking surface. The sliding edge of the transition plate shall be fitted with a continuous UHMW polyethylene wear block a minimum of 1/2 -inch thick, which shall be beveled conforming to code requirements for accessibility and safety. O. Skid plates shall be provided at the dock end of the gangway. The skid plate shall have an allowable load rating greater than that required by the design loads. The gangway design shall allow the skid plate to be supported by the skid plate track at all times regardless of dock motions. P. Skid plates shall be kept on skid guides, for each skid plate. The skid guides shall be of such length to underlie the gangway skid plates without contact to the gangway structure at any time and not present a tripping hazard. Q. Provide gangway hinge at gangway platform end. The hinge shall be designed to permit rotation of the gangway in the vertical and horizontal directions to accommodate float motions for all environmental conditions. R. Gangway hinge shall make a smooth, gap -free transition between the gangway walking surface and the marina promenade. Hinge plate shall be designed for a minimum 100 psf live load, have a non -slip walking surface, be made of at least 1/4 -inch material and shall be the full width of the walking surface. S. Gangway design shall be coordinated with the design of the dock system and utilities. 355140-3 Gangway CENTRAL AVENUE PUBLIC DOCK T. Completed gangway shall have a manufacturer's label plate attached in a conspicuous location. This label plate shall be stainless steel. The following information shall be stamped or etched into this plate in letters not less than 1/4 -inch high filled with black enamel: 1. Manufacturer's name 2. Date of Manufacturer 3. Overall length, not including the transition and hinge plates 4. Overall weight including the transition and hinge plates U. The gangway system, including all structural components of the system, shall be designed for a minimum thirty-year life expectancy. V. Gangway shall conform in all respects to the most current design guidelines of the California DBAW, OSHA, and the 2010 ADA Standards for Accessible Design, as they relate to marinas. 1.8 SUBMITTALS A. Prior to ordering materials or starting fabrication of the gangway, submit final design calculations signed and sealed by a State of California registered civil engineer. Calculations shall demonstrate that the gangway, using the criteria specified in this Section as minimum requirements, is designed to withstand the specified loads without damage throughout the design life of the gangway. B. Prior to ordering materials, or starting fabrication of the gangway, submit shop drawings signed and sealed by a State of California registered civil engineer. Shop drawings shall indicate the proposed layout and connection details, sections and methods for attaching accessories. Submit shop drawings for all fabricated items and include catalog sheets for all standard manufactured items that are to be incorporated into the gangway system. C. Submit experience data verifying the gangway supplier's required years of experience in the manufacture of marina aluminum gangway systems. D. Submit quality control plan to be used during the manufacture and installation of the gangway. E. Prior to fabrication of the gangway, submit certified test reports for the following: 1. Fixtures and fittings 2. Aluminum 3. Fasteners 4. Steel hardware items 5. Non-skid deck surface/coating 1.9 PRODUCT STORAGE A. Store gangway above ground upon platforms, skids, or other supports, and kept free from dirt, grease, and other foreign material. Protect metals from corrosion while stored. PART 2- PRODUCTS 2.1 MATERIALS A. Miscellaneous Metals 1. Refer to Section 05-500, Metal Fabrications. B. Aluminum shall be alloy 6061-T6 or 6063-T6 conforming to the provisions in ASTM 8221. C. Skid plate assembly shall consist of UHMW pads that do not require lubrication. 355140-4 Gangway CENTRAL AVENUE PUBLIC DOCK 2.2 FABRICATION A. General: 1. Refer to Section 05-500, Metal Fabrications. PART 3 - EXECUTION 3.1 INSTALLATION A. Work shall conform to the approved shop drawings, Drawings and this Section. Construction details, finishing details and colors shall be consistent throughout. Work shall be accurately set to establish lines and elevations, and securely fastened in place. Cutting, drilling and punching shall produce clean true lines and surfaces. Exposed surfaces of work shall have a smooth finish. B. Contractor shall furnish all materials and equipment required for gangway installation. The gangway shall not be dragged or skidded into place. C. Contractor shall provide, install and remove when no longer required, all temporary supports used to secure the gangway in place during installation. After the gangway is secured in the correct position, install the wheel guides and fasten in place. E. Coordinate and furnish anchorages, setting drawings, diagrams, templates, instructions, and directions for installing anchorages, including concrete inserts, sleeves, anchor bolts, and miscellaneous items having integral anchors that are to be embedded in concrete or masonry construction. Coordinate delivery of such items to project site. 3.2 FINISHING A. Gangway structural members may have a non -polished mill finish or be sandblasted in accordance with SSPC-SP 6 to produce a coarse matte finish. Handrails shall have a rubbed or light brush finish and provide a smooth gripping surface. END OF SECTION 355140-5 Gangway