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C-7884-2 - Ocean Piers Maintenance Project
CITY OF NEWPORT € EACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax newportbeachca.gov September 13, 2023 Associated Pacific Constructors, Inc. Attn: Paul E. Gillen 495 Embarcadero Morro Bay, CA 93442 Subject: Ocean Piers Maintenance — C-7884-2 Dear Mr. Gillen: On September 13, 2022, 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 September 15, 2022, Reference No. 2022000306714. The Surety for the contract is Western Surety Company and the bond number is 30144693. Enclosed is the Faithful Performance Bond. Sincerely, 4wr Leilani I. Brown, MMC City Clerk Enclosure j ',ond No.30144693 Premium: $7,885.00 Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND No. 30144693 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,885.00 , being at the rate of $ FIRST $500,000 - $14.40 = $7,200.00 thousand of the Contract price. * NEXT $78,770 - $8.70 = $685.30 WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors, Inc. hereinafter designated as the "Principal," a contract for completing repairs to the Newport Pier and Balboa Pier as indicated in the drawings and the specifications. Work includes both underwater and above water / under deck repairs in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy Eight Thousand Seven Hundred Seventy Dollars and 001100 ($578,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Associated Pacific Constructors, Inc. Page B-1 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 29th Associated Pacific Constructors, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety day of November 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 nate. 12•oR•7r )n u. Harp y Attorney ap- u Authorized Si nature/Title • . il . 1 Bro 14 11 g- 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 ** Please See Attached ** ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countt++ of ss. On (L— .202b foreme, %T Notary Public, personally appeared p2�1 U9JZ f &A who proved to me on the basis of satisfactory evidence to be the person( whose name(is7@re subscribed to the within instrument and acknowledged to me that he/sMekhey executed th�'sa e in his/herAheir authorized capacity(iN, and that by his/W dttieir signatures(f) on the instrument the person(q 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 `1" // -roll i M02 r ANGEL JIMENEZ Q COMM. # 2323928 NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY 0 COMM. EHPIR MAR, t2 2024'' ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of )Ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name($) 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 Ili • ;O.. I, r •1 <.a<.v,• mi.wC.: N3'K"L.:'N: ae::�f �J� u�f.G\Uac.G\<[e\•.. •r` .c\f.i�Ua<rG\e.a`frle aS s .•.'\</c� .w .G\US:le.J.a � ,3f.. s� . A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 11/29/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(sl 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/she/thsy executed the same in hts/her/their authorized capacity, and that by his/her/their slgnature�4on the instrument the person(,), or the entity upon behalf of which the person(s). acted, executed the instrument. - La LILIANA GOMEZ Notary Public - California i Orange county Commission # 2243326 My Comm. Expires May 20, 2022 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 YAA W4,4Z< 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: _ PLrformanceBond No. 30144693 Document Date: 11/29/2021 Number of Pages: Tluee 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 V Attorney In Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ Western Surety Company Signer's Name: —_ ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: '�/G' „/G<.y✓G\✓ti 4v�/.4y 'J Y7;•_ G'eiGGy.'• <'.•/�'//G�G�' G� �.G'�/1.4'✓ '✓G\✓T' :.G\✓G'�/G(✓ lli0YA1jlIi2k1M1==*i, HIM] Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Palls, 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, Rebecca IIaas-Bates, Individually of Irvine, CA, its true and lawful Attorney(s)-in-Fact with full power and anthority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instuments 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, are hereby ratified mid 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 Whercof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed oil this 20th day of June, 2021. .rM/"y'�iPOPS WESTERN SURETY COMPANY "a% oUP e+ / Paul T. Brufiat, Vice President State of South Dakota s County of Mimrehaha On this 20th day of June, 2021, before me personally came Paul T. Br inat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Palls, 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 die 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 F.,..,..M. BENT�����L� i SOPUBLIC e March 2 2026 ';�soUTurx oa8orn ` ` •r"yr"h"`••',.....,,.i ���� M. Beal, 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 iu force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal ofthe said corporation this 20th day of November. 2021. a"yiq'Erri;� WESTERN SURETY COMPANY 1011,POA ,'\ l E �'Sf plt 1 koFM� L. Nelson, Assistant Secretary Fomr F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov November 21, 2022 Associated Pacific Constructors, Inc. Attn: Paul E. Gillen 495 Embarcadero Morro Bay, CA 93442 Subject: Ocean Piers Maintenance - C-7884-2 Dear Mr. Gillen: On September 13, 2022, 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 September 15, 2022, Reference No. 2022000306714. The Surety for the bond is Western Surety Company and the bond number is 30144693. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4�c 8 e�)e' Leilani I. Brown, MMC City Clerk Enclosure ,nd No. 30144693 amium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30144693 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 completing repairs to the Newport Pier and Balboa Pier as indicated in the drawings and the specifications. Work includes both underwater and above water / under deck repairs in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy Eight Thousand Seven Hundred Seventy Dollars and 00/100 ($578,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Associated Pacific Constructors, Inc. Page A-1 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 29th day of November , 2021 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 Ia >n C. Harp V- a Attorney Na o$'3 .if JL= Authorized Sig ature/Title •] 9 11*461111' 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 " Please See Attached " ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif nia County of r t ss. On I — _, 20 efore m , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the perso ) whose name is/a subscribed to the within instrument and acknowledged to me that he/shN/t executed the same in his/heNt4eir authorized capacity I , and that by his/ it signatures on the instrument the person(, or the entity upon behalf of which the person(M acted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct." gNGEL JIMENEZ U COMM. � 232392✓S WITNESS my hand and official seal. (7 NOTARY PUBLIC • CAlIFOANIA � +4' COM�EMPIREiMARN2T024� /--7----�/%/-) v--4 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Associated Pacific Constructors, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 11/29/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sj is/are subscribed to the within instrument and acknowledged to me that he/she/that' executed the same in his/her/their authorized capacity(i)*, and that by his/her/their signatures) on the instrument the person(s� or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LILIANAGOMEZ Notary Public -California WITNESS my hand and official seal. :Y�• Orange County Commission A 2243326 - My Comm. Expires May 20, 2022 Signature Signature of Notary Pu is 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. 30144693 Document Date: 11/29/2021 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 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: G''� - \�5G'.v 'Jh.'vG'✓i�rgeiG'd' h. ✓'ri�G'r/'ei Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed herebv make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, 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 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, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021. ,e°9UNF) WESTERN SURETY COMPANY gFPti veq "Cqt z a �fN U Pd "'•'w„,,.W"' aul T. Bruflat, Vice President State of South Dakota 1 ss Jj County of Minnehaha On this 20th day of June, 2021, before me personally came Paul T. BruBat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed 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 M. BENT J r xmnxr xuauc , March 2 2026 %�Bemn MxmR�J M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th day of November, 2021. re?raaq"oT, WESTERN SURETY COMPANY ai :wr`Op qr�;y �Slu �rF csK,�f` (z/C�(Lll�-�—T�✓J Fonn F4280-0-2011 L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner J Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. 9/15/22.. 8:46 AM Batch 14677708 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIiIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIIII�I NO FEE *$ R 0 0 1 3 9 5 7 5 6 3 5 2022000306714 8:43 am 09/15/22 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 November 16, 2021. Said Contract set forth certain improvements, as follows: Ocean Piers Maintenance - C-7884-2 Work on said Contract was completed, and was found to be acceptable on September 13, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. No Public Works Directot- 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 Uj� �y/ 2V22 at Newport Beach, California. BY I�ltG1I L City Clerk https://gs.secure-recording.com/Batch/Confirmation/14677708 2,6 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 November 16, 2021. Said Contract set forth certain improvements, as follows: Ocean Piers Maintenance - C-7884-2 Work on said Contract was completed, and was found to be acceptable on September 13, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. Public Works Directot City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. //11 Executed on 2AM2 at Newport Beach, California. BY City Clerk op%e B CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 6 day of October, 2021, at which time such bids shall be opened and read for OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 $472,400 Engineer's Estimate Approved b x,141 I h.-.- James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE http://newportbeachca.gov/government/open-transDarent/online-services/bids-rfps- vendor-registration City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 1 City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via Planet8ids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code "Sublettin and Subcontractin Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been rev wed. 394886 - A Contractor's License No. & Classification Authorized Signa ure/Title Paul E. Gillen. President 1000001211 DIR Registration Number & Expiration Date Date Associated Pacific Constructors, Inc. Bidder 10/02/2021 City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid ----- Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Ocean Piers Maintenance, Contract No. 7884-2, 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 29th 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 day of September 2021. Authorized Sig ature/Title Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C: F-IM4NOVA =11C3►Ti _:►` III � 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 Califor i County of Iss. Rinne Mansour, Notary Public On 7 2 %l before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person( whose name i re subrlbed to the within instrument and acknowledged to me tha het he/ hey executed the same inoj,51her/their authorized capacityoe&),>and that b is er/t eir signatures) on the instrument the persono, or the entity upon behalf of which the person() acted, execufed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ ANNE MANSOUR �JIITNE my hand and official seal. _n Notary Public - California = Orange County > Commission k2292941 My Comm. Expires Jul 11, 2023 Ig ature (seal) OPTIONAL INFORMATION e- e Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CE FO/COO resid ice -President / Secretary / Treasurer Other: Inforrpat 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. "Please See Attached" ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared 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 Ei (seal) CALIFORNIA• • . 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 09/29/2021 Date before me, Liliana Gomez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameNLof SignerN who proved to me on the basis of satisfactory evidence to be the person) whose name(6. is/,me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in lits/her/tttsir authorized capacity(i8s), and that by his/her/their signatureZ4on the instrument the person(aj,, or the entity upon behalf of which the person* acted, executed the instrument. LILIANAGOMEZ Notary Public -Calif California a Orange County Commission N 2243326 My Comm, Expires May 0,2 02z 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 �qum_a' A?j� Signature of Notary blic 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: 09/29/2021 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 V'Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Gid-:�::\:.:V:\:.4�:�.:�:�t::`.:'✓:�.:!.:�.1�.:�.:�.:�.:�✓.i�.V4�✓.:\�:L-%:�:�.:V:�.:�✓.:�✓4�.:�✓:'•✓i�✓•:":s�✓iiC✓i�`✓:'✓4�.:�.c'✓:�✓.:�' .�✓.G�.�✓:•. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, 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 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, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June, 2021. �ll WESTERN SURETY COMPANY ..�•suaary" �(t(oapoAgi a3�■ cWi4 X12! 3i�xs�. i. ll GPµ�i�` 101^ aul T. Bruflat, Vice President State of South Dakota f ss County of Minn(haha On this 20th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota, that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed 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 ."`"""""""."""""' '+ M. BENT + SEAL NOTARY PUBLIC(R" i March 2, 2026 i�SOUTH DAKOTAt M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is stil I in force, and further certify that the By -Law ofthe corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th day ofSeptemger 2021 s�px"" °off WESTERN SURETY COMPANY a,°Y PPOAq ��3: (Z)Y. w`4C �i^in: l2 141IIIIIIY111 Foran F4280-7-2012 L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner J Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 DESIGNATION OF SUBCONTRACTOR(S)- AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Associated Pacific Constructors, Inc. Bidder 0 Authorized Signatureffitle Paul E. Gillen, President City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Associated Pacific Constructors, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number Grand Canal Dredging Project - Phase 2 Project Description Dredge/Transport/Disposal of material Approximate Construction Dates: From Agency Name 01/2019 To: 10/2019 City of Newport Beach Contact Person Kathryne Cho Telephone (949 644-3014 Original Contract Amount $1- 383,o7o Final Contract Amount $ 840,560 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction of scope of work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No `[o7 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number J Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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 the Contractor's current financial conditions. Associated Pacific Constructors, Inc. Bidder Authorized Sign ture/Title Paul E. Gillen, President 13 PAUL E. GILLEN President, Associated Pacific Constructors, Inc. President / Owner Associated Pacific Constructors, Inc. (2004 to Present) Business: After acquiring APC, accelerated revenue growth in marine and heavy civil sector from traditional local Morro Bay base south to San Diego. Radically transformed the safety culture within the company, adopting larger and more complex projects. Established a Port of Los Angeles marine base of operations and tripled the fleet of barges and tugs while leveraging geographic advantages to design build work. California Class A General Engineering License. Vice President / Shareholder ORION CONSTRUCTION INC., Texas (1994-1999) Business: 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. Mainly public sector and bonded federal work. Lead two strategic acquisitions of Marine companies in the Houston Ship channel to self perform 85% of Orion's marine projects. Doubled revenues annually for 4 of my 6 years with Orion. President and Principal Shareholder WS TECHNOLOGY LTD. Singapore (1989-1994) Business: Start up of a specialty industrial coating developer and manufacturer, with annual sales in excess of $10 Million USD. Business sold to multinational coating manufacturer. President and Principal Shareholder PMI PILING SND BHD, Singapore (1987-1992) Business: 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. Business sold to a leading Malaysian public company, creating a strategic monopoly in this piling system. Regional Vice President - Singapore (1985-1986) General Manager - California (1982-1985) Project Manager - various locations worldwide (1979-1982) OCEANEERING INTERNATIONAL INC. Business: A worldwide underwater service supplier (i.e. diving, ROV, ships, pipeline repair, etc) delivering services to oil field services, US Navy, and private customers. Project manager to regional VP Southeast Asia. Headed numerous international projects, lead acquisitions and integration of subsidiaries worldwide, and managed over $40 M profit center in Southeast Asia. 495 Embarcadero, Morro Bay, Ca. 93442 California General Engineering Class A License City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) VL 0 bein first duly wor , eRofr es nd s s at he or she is I LTV meof `' parry 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 t the foregoina is true and correct. Associated Pacific Constructors, Inc. Bidder Authorized Signature/Title P ul E. Gillen, President Subscribed and sworn to (or affirmed) before me on this day of , 2021 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under -PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 5?ee (s Notary Public [SEAL] My Commission Expires. 14 JURAT WITH AFFiANIT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 9 Signature of Document Signer No, 2 (if any) .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 `n kft w• ° F ANNE MANSOUR Notary Public - California z Orange County n Commission " 2292941 My Comm. Expires Jul 11, 2023 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before mej on this day ofL , 20'1 , by Date /Month Year (and (2) ), Names) of Signer(s) proved to me o the basis of satisfactory evidence to be the person( ho appeared bef re m�e. Signature ignature of Notaryublic UPTIUNAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. i Description of attached Document l A Title or Type of Document: 1 " T Cc It It !b..Tl(1 X1✓ Document Date: l I Number of Pages: Signer(s) Other Than Named Above: 02015 National Notary Association City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 DESIGNATION OF SURETIES Bidder's name Associated Pacific Constructors, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Millennium Corporate Solutions 550 North Brand Blvd. Suite 1100 Glendale, CA 91203 William Syrkin (818) 203-0408 Bonding Durham and Bates Aqencies, Inc. 720 SW Washington Street, Suite 250 Portland, OR 97205-3554 Greg Ryerson (503) 242-9405 Insurance 15 City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Associated Pacific Constructors, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts _ 8 6 10 8 10 15 67 Total dollar Amount of Contracts (in Thousands of $ 1,720 2,235 4 551 14,740 5,349 5,625 34,220 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent transfer to another job or termination of 0 0 00 o 0 employment 0 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Associated Pacific Constructors, Inc. Business Address: 495 Embarcadero. Morro Bay. CA 93442 Business Tel. No.: (805) 772-7472 State Contractor's License No. and Classification: 394886-A Title General Engineering The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder. Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 10/02/2021 r 10/02/202 Paul E. Gillen Secretary Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ACKNOWLEDGMENT UVIL CODE q 1989 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�`(�Q On(?*-,Dft�� 2 before me, _ ate t` personally appeared Anne Mansour, Notary Public 1, ® Here Insert Name and Title of the Offlcer Name(s) of signer(s) wno proved to me on the basis of satisfactory evidenc�,e��, be the person(#) whose nam is re subscribed to the within instrument and acknowie ed to me thai!n /eh /they executed the same i itis erftheir authorized capacity(ieQ, and that b hi /her/their signature'( the Instrument the person upon behalf of which the person(o acted, executed the Instrument. 0. or the entity 1' Place Notary Seal and/or Stamp 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 14nd and official seal. Signature OPTIONAL Signature of Nd tary Public 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:( C Document Date:(0)IOU-771iecumber of Pages:— Signer(s) ages:_Signers) Other Than Named Above: Capacity(iesj Claim d b�C er(s $ig Signer's Name4-P ov ❑Corporate Officer – Title(s • t nov ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conseptor ❑ Other IA & r ✓I ,- IL c`. Signer is RepreAentinq: , 02019 National WaN Association Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual - ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L1 Other. ,igner is Representing: ANNE MANSOUR Notary Public _4' 'F - California Orange County Commission w 2292941 My Comm. Expires Jul 11, 2013 Place Notary Seal and/or Stamp 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 14nd and official seal. Signature OPTIONAL Signature of Nd tary Public 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:( C Document Date:(0)IOU-771iecumber of Pages:— Signer(s) ages:_Signers) Other Than Named Above: Capacity(iesj Claim d b�C er(s $ig Signer's Name4-P ov ❑Corporate Officer – Title(s • t nov ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conseptor ❑ Other IA & r ✓I ,- IL c`. Signer is RepreAentinq: , 02019 National WaN Association Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual - ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L1 Other. ,igner is Representing: City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Associated Pacific Constructors, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Associated Pacific Constructors, Inc. Business Address: 495 Embarcadero, Morro Bay, CA 93442 Telephone and Fax Number (805) 772-7472, (805) 772-5803 California State Contractor's License No. and Class (REQUIRED AT TIME OF AWARD) Original Date Issued: 11/30/1980 Expiration Date 394886-A 11/30/2022 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Paul E. Gillen, President 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 Paul E. Gillen President 495 Embarcadero, Morro Bay, CA 93442 (805) 772-7472 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 20 Are any claims or actions unresolved or outstanding? Yes /® If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Associated Pacific Constructors, Inc Bidder Paul E. Gillen (Print name of Owner or President of Corpor ' n/Com m'7' Authorized Signature/Ti e Title Date President On 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/ar scribed to the within instrument and acknowledged to me that he/she/they executed the same -in- is/her/their authorized capacity(ies), and that by his/her/their signature(s) on the =JURYunder r on(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF.-PEe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. z5a� Wall& KtL— (SEAL) Notary Public in and for said State My Commission Expires: �1VV 21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 111189 A notary public or other officer completing this certificate verifies oniythe 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 A _ _ County of -r--,) $Cp.rl� On G �i (✓ before me, _ to w personally appeared Anne I0ansour, Notary Public Pere Insert Name and Title of the Officer Name(s) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person) whose nan to the within instrument and acknowieg �i% ed to me thahg/they exec ed the same authorized capacitv#os), and that y er/their signature(on the instrument the pei upon behalf of which the person( acted, executed the instrument. ANNE MANSOUR Notary Public - California Orange County a Commission = 2292941 My Comm. Expires Jul 11, 2023 Place Notary Seal and/or Stamp Above subscribed or the entity 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. 4ULSignature=y Signature of No ry Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Documer Document Date:—_W/ Z 17-c--,, Signer(s) Other Than Named Above: Cap9acity(ies)irv�e b igne (s) e Signer's Name: C2. Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representina: �P 0 _ , 02019 National WAN Amclatl;on Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual • ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully a ecuted 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. Nq OCEAN PIERS MAINTENANCE CONTRACT NO. 7884-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 16th day of November, 2021 ("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: completing repairs to the Newport Pier and Balboa Pier as indicated in the drawings and the specifications. Work includes both underwater and above water / under deck repairs (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. 7884-2, 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. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. 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 Five Hundred Seventy Eight Thousand Seven Hundred Seventy Dollars ($578,770.00). 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 E. Gillen to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 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. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing Associated Pacific Constructors, Inc. Page 2 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.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 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 E. Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 8. 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 Associated Pacific Constructors, Inc. Page 3 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 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. 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 of this Contract or for other periods as specified in the Contract Documents, policies of Associated Pacific Constructors, Inc. Page 4 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 Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or 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 shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Associated Pacific Constructors, Inc. Page 5 Project 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, 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 and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Associated Pacific Constructors, Inc. Page 6 16.8 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this 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 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. Associated Pacific Constructors, Inc. Page 7 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. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 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. 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Associated Pacific Constructors, Inc. Page 8 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: h, Z3.2-1 By: D A gyp. ron C. Harp vim %k - m. 1.4 City Attorney Date: EST: / Al 29. W*V—d- Leilanvi Brown City Clerk,,�A 1.� --- • H ,i ©'FoRN% CITY OF NEWPORT BEACH, a California municipal corporation Date: XB. Kevin Muldoon Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation Date: Signed in Counterpart Paul E. Gillen Chief Executive Officer and Secretary D 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 ATTORNEY'S OFFICE Date: 1,\ • Z, - 7,t By: N 41 Ar ron C. arp Ow It -17 ti1 City Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS, INC., a California corporation Date: /� 2 By: G Paul E. Gillen Chief Executive Officer 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. i Page 10 Bond No. 30144693 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30144693 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 completing repairs to the Newport Pier and Balboa Pier as indicated in the drawings and the specifications. Work includes both underwater and above water / under deck repairs in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy Eight Thousand Seven Hundred Seventy Dollars and 00/100 ($578,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Associated Pacific Constructors, Inc. Page A-1 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 29th day of November , 2021 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: 12 • 11 - Q l A"r n G. Harp City Attorney -J�a' Authorized Sig ature/Title Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED Associated Pacific Constructors, Inc. Page A-2 "" Please See Attached "' ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif nia County of r_� SS. On '�. 20—)l before m Notary Public, personally appeared 0.74IT-n-11 1A t-1 jlx� who proved to me on the basis of satisfactory evidence to be the perso s) whose name is/a subscribed to the within instrument and acknowledged to me that he/shy/t executed the same in his/he4teir authorized capacity{I , and that by his/hef4hkir signatureson the instrument the person), or the entity upon behalf of which the person(acted, execute the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANGEL JIMENEZCOMM,#2323922 WITNESS my hand and official seal. (ig NOTARY PUBLIC • CALIFORNIA OMMEXPIRESMARII2 Z024� �__— / _. 4 Sign 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 (seal) County of ) SS. On , 20 before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Associated Pacific Constructors, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • w..o�C.w•!a�..we.wc.ae .1:�.!s�•.w<f�ic wc.wc wC.w�Cw.� ,w �CwQ.:iN..i .ate .wC.wC ..<!nc.wi� .w w<..ac.a.!e�c!a .w..w... c .�a•.w..w.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 11/29/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person('} whose name* is/axe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theit' authorized capacity(i*, and that by his/her/their signatures on the instrument the person(s),. or the entity upon behalf of which the persons. acted, executed the instrument. LILIANA GOMEZ �•s Notary Public -California �. i r 1 Orange County commission N 2243326 My comm. Expires May 20, 2022 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 �-a Signature of Notary Pu is 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. 30144693 Document Date: 11/29/2021 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 W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L�✓.<(✓,G�✓G'•✓G'•✓L`:G�.G�.G�✓.G�✓.G�✓.G'✓n✓G'ciG<✓. ✓�✓4`.S'r�•`.G'e�G'✓G`.G'ei ✓4�G�✓'UGC.G`.4`%.'•✓G\=.G�.G�.:\�G'yG\�•/✓G'•✓<'✓G�.4�✓.4<✓�".`/G' Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, 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 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, 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. Lr 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 20th day of June, 2021. asusW„..,...,, WESTERN SURETY COMPANY acry�„ ...... C " j0+la -We4 t^ID= is 4wj�\Sf A�'• p 3 04Paul T. Bruflat, Vice President State of South Dakota I ss County of Minnehaha On this 20th day of June, 2021, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed 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 ,,,,,,,,,,,,,,,,,,,,,,,,,r M. BENT +NOTARY PUBLIC(SL i March 2, 2026 SOUTH DAKOTA i M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed In)' name and affixed the seal of the said corporation this 29th day of November, 2021. ?s"AET'"" WESTERN SURETY COMPANY ...............�o s =3. z, Foran F4280-7-2012 L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Bond No. 30144693 Premium: $7,885.00 Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 30144693 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,885.00 , being at the rate of $ FIRST $500,000 - $14.40 = $7,200.00 thousand of the Contract price. " NEXT $78,770 - $8.70 = $685.30 WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors, Inc. hereinafter designated as the "Principal," a contract for completing repairs to the Newport Pier and Balboa Pier as indicated in the drawings and the specifications. Work includes both underwater and above water / under deck repairs in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Seventy Eight Thousand Seven Hundred Seventy Dollars and 00/100 ($578,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Associated Pacific Constructors, Inc. Page B-1 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 29th day of November 2021 . 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: 12 • o9.7, f By: ) u Rork )�a5lbn C. Harp C-ify Attorney toad � Q&'- - Authorized Si naturelTitle Authorized Agent Signature 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 " Please See Attached .. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Count yy of _ %�Q SS. On V, 202I b fore mejf, Notary Public, personally appeared ' who proved to me on the basis of satisfactory evidence to be the person(P whose name( ) isNre subscribed to the within instrument and acknowledged to me that he/sheH�y executed thdsame in his/heflheir authorized capacity(ib!%), and that by his/hacAheir signatures() on the instrument the person( 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 7114 el vWxyze"1147.0moNs •_ ANGEL JIMENEZ 3 U COMM. # 2323928 (� NOTARY PUELIC • CALIFORNIA ORANGE COUNTY 0 COMM. EXPIRES MAR, 12 2024 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 (seal) County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Associated Pacific Constructors, Inc. Page B-3 CALIFORNIA • • •WLEDGMENT CIVIL CODE § 1189 ¢.A• At. ¢.A .A .At.A¢.A•.A<.A¢ A¢.:�¢.r .At.A¢.A¢ • A¢.A¢.At� .AVA .AC.. A .At.A .0 A .ACAt� .A .A¢ A .. ¢�•,L� .A¢. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11/29/2021 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(W,of Signer(`s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/tliey executed the same in his/her/their authorized capacity(�ias), and that by tfis/her/their signature�4on 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. t 6t r LILIANA GOMEZ Notary Public California orange County > Signature Commission >f 2243326 A�e — �-" My Comm, Expires May 20, 2022 Signature of Notary Pu 'c 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: Performance Bond No. 30144693 Document Date: 11/29/2021 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 iW Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1 -800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Owen Brown, Richard Adair, William Syrkin, Sergio D Bechara, 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 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, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of.lune, 2021. r.s......yam,,, WESTERN SURETY COMPANY Fa ................co,, ,�P4apPOggr� v P'.. • %P. c'C�TH �DFKD "'"»»»"m Paul T. Broflat, Vice President State of South Dakota County ofMinnehaha I ss On this 20th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal, that it was so affixed 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 M. BENT ±NOTARY PUBLIe' March 2, 2026 L SOUTH DAKOTA s L11 M. Bent, Notary Public CERTIFICATE 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 seal of the said corporation this 29th day of November, 2021. °SuaEr` WESTERN SURETY COMPANY e'c�3'� ;2- t+lse A%, w,oii►hi'ui+M�� Fonu F4280-7-2012 L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Associated Pacific Constructors, Inc. Page C-1 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. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each Associated Pacific Constructors, Inc. Page C-2 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 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of Associated Pacific Constructors, Inc. Page C-3 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 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. Associated Pacific Constructors, Inc. Page C-4 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Associated Pacific Constructors, Inc. Page C-5 From: Customer Service To: Morgan, Shelby Cc: lori.alcala(abebix.com Subject: Compliance Alert -Vendor Number 7884-2 Date: January 14, 2022 8:40:13 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7884-2 Associated Pacific Constructors, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach OCEAN PIERS MAINTENANCE CONTRACT NO. C-7884-2 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 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. 7884-2 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: l0%?��2aT./ Date (805) 772-7472, (805) 772-5803 Bidder's Telephone and Fax Numbers 394886 - A Bidder's License No(s). and Classification (s) 1000001211 DIR Registration Number Associated Pacific Constructors, Inc. Bidder Bidder's Authoriz d Signature and Title Paul E. Gillen, President 495 Embarcadero, Morro Bay, CA 93442 Bidder's Address Bidder's email address: paul@associatedpacific.com PR -1 Vendor Name Associated Pacific Constructors, Inc Address 495 Embaracadero Submitted Morro Bay, California 93442 Delivery Method United States Respondee Paul E. Gillen Respondee Title President Phone 805-234-5055 Email paul@associatedpacific.com Vendor Type CADIR, DGS License # 394886 CADIR 1000001211 Bid Format Electronic Submitted 10/06/2021 727 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 268602 File Title File Name File Type General Attachment Bid Bond pdf Bid Bond Of Bid Bond Shoaving 7 Subcontractor Name & Address Desc Harbor Offshore Inc Diving 4411 Dupont Court Suite 130 Ventura, California 93003 License Num CADIR Amount Type 742617 1000030945 $165,000.00 Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment BASE BID - Award to be based on these amounts $498,770.00 1 Mobilization and Demobilization LS 1 520,000.00 S20,000.00 Yes 2 Traffic Control LS 1 52,000.00 $2,000.00 Yes 3 Replace Pile Strap EA 28 $1,800.00 550,400.00 Yes 4 Replace Strap Bolts EA 52 $800.00 541,600.00 Yes 5 Replace Transverse or Longitudinal Bracing Bolt EA 20 $700.00 $14,000.00 Yes 6 Replace Horizontal Bracing Bolt EA 42 5800.00 $33,600.00 Yes 7 Encapsulation Extension LF 158 $1,500.00 $237,000.00 Yes 8 Re -Nail Wrap EA 2 52,820.00 $5,640.00 Yes 9 Pile Collar EA 2 52,500.00 $5,000.00 Yes 10 Miscellaneous Timber (Allowance) BF 140 555.00 57,700.00 Yes 11 Pile Shim (Allowance) LS 1 $2,500.00 52,500.00 Yes 12 Pile Post Repair EA 2 $28,000.00 $56,000.00 Yes 13 Replace Exterior Stringer Splice Bolts EA 237 $90.00 $21,330.00 Yes 14 Progress Photos and As -Built Plans LS 1 $2,000.00 $2,000.00 Yes Additive Bid Items 580,000.00 15 Repair Balboa Pier Bents 28-30 LS 1 $40,000.00 540,000.00 Yes 16 Repair Newport Pier Bents 29, 31-33 LS 1 $40,000.00 540,000.00 Yes Section Title Line Total BASE BID - Award to be based on these amounts $498,770.00 Additive Bid Items $80,000.00 Grand Total $578,770.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN PIERS MAINTENANCE PROJECT NO. 22HO3 CONTRACT NO. 7884-2 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES S SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 8 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 7-10.5 Security and Protective Devices 8 7-10.5.3 Steel Plate Covers 8 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 11 PART 2 - CONSTRUCTION MATERIALS 12 SECTION 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 12 204-1 LUMBER AND PLYWOOD 12 204-1.1 Kinds 12 204-1.1.2 Douglas Fir 12 SECTION 206 — MISCELLANEOUS METAL ITEMS 12 206-3 GRAY IRON AND DUCTILE IRON CASTINGS 12 206-3.8 Malleable Iron Washers 12 206-3.9 Spike Grid Timber Connectors 12 206-7 STAINLESS STEEL 12 206-7.1 General 12 206-7.2 316 Stainless Steel Hardware: 12 SECTION 210 — PAINT AND PROTECTIVE COATINGS 12 210-6 PILE WRAP 12 210-6.1 General 13 210-6.2 Pile Surface Preparation 13 210-6.3 Installation 13 210-7 PILE ENCASEMENT 13 210-7.1 General 13 210-7.2 Fiberglass Jacket 14 210-7.3 Pumpable Grout 14 210-7.4 Miscellaneous 14 210-7.5 Pile Surface Preparation 14 210-7.6 Installation 14 APPENDIX A 16 COWI INSPECTION REPORTS 16 BALBOA PIER dated September 13, 2021 16 NEWPORT PIER dated September 13, 2021 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN PIERS MAINTENANCE PROJECT NO. 221-103 CONTRACT NO. 7884-2 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 -5274-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 16 At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of completing repairs to the Newport Pier and Balboa Pier as indicated in the drawings and the specifications. Work includes both underwater and above water / under deck repairs. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Page SP 2 of 16 Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, locating all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has located and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. Page SP 3 of 16 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box or cover of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed and be completed no later than May 19, 2022. No work shall occur from May 19, 2022 until after Labor Day. If work is not completed within the specified date, remobilization shall be at the burden/expense of the contractor. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Page SP 4 of 16 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays 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. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. 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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES Page SP 5 of 16 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 $2,500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut -downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will Page SP 6 of 16 be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. Move maintenance and repair activities on shore, if feasible. b. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. c. Checking construction vehicles/equipment for leaking fluids. d. Providing a controlled area for cleaning or rinse -down activities. e. Monitoring construction activities. f. Minimizing usage of water when saw -cutting and vacuum the residue. g. Providing measures to capture or vacuum -up water contaminated with construction debris. h. Removing any construction related debris on a daily basis. i. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. Page SP 7 of 16 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Page SP 8 of 16 Item No. 1 Mobilization: Work under this item shall include, but not limited to, all labor, tools, equipment and material costs for providing bonds, insurance (including Longshoreman Insurance) and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending all construction progress meetings, providing 6 -ft tall screened construction fencing for work area and laydown/storage area, public noticing and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3 Replace Pile Strap: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; removing existing corroded pile strap and hardware as indicated; salvaging any stainless steel hardware; and replacing with new strap and stainless steel hardware (4 bolts total). This includes adjustments to accommodate existing diagonal bracing member, where occurs, repairing deteriorated bolt holes, and all other work items not otherwise itemized as required to complete the work in place. Where this item coincides with Item No. 5, only this item will be paid. Unit Price per Each. Item No. 4 Replace Pile Strap Bolts: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; removing existing corroded hardware as indicated; salvaging any stainless steel hardware; replacing stainless steel hardware; repairing deteriorated bolt holes; and all other work items not otherwise itemized as required to complete the work in place. Where this item coincides with Item No. 3, only Item No. 3 will be paid. Where this item coincides with Item No. 5, only this item will be paid. Unit Price per Each. Item No. 5 Replace Transverse and Longitudinal Bracing Bolt: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; removing and disposing of existing corroded hardware; replacing with new stainless steel hardware, galvanized iron spike grid, galvanized malleable iron washers; and all other work items not otherwise itemized as required to complete the work in place. Where this item coincides with Item No. 3, only Item No. 3 will be paid. Where this item coincides with Item No. 4, only Item No. 4 will be paid. Unit Price per Each. Page SP 9 of 16 Item No. 6 Replace Horizontal Bracing Bolt: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; removing and disposing of existing corroded hardware; replacing with new stainless steel hardware, galvanized iron spike grid, galvanized malleable iron washers, and all other work items not otherwise itemized as required to complete the work in place. Unit Price per Each. Item No. 7 Encapsulation Extension: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; cleaning and preparing pile; excavating soil at mudline; setting & sealing fiberglass encasement over existing encasement; grouting, backfilling and clean-up of excess grout and material waste, and all other work items not otherwise itemized as required to complete the work in place. All work is underwater at the approximate depths indicated on the plans. Unit Price per linear foot. Item No. 8 Re -nail Wrap: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; cleaning exposed portions of pile; re- attaching wrap with new stainless steel nails; and all other work items not otherwise itemized as required to complete the work in place. Some work is underwater at the approximate depths indicated on the plans. Unit Price per Each. Item No. 9 Pile Collar: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; constructing pile collars at top of pile, and all other work items not otherwise itemized as required to complete the work in place. Unit Price per Each. Item No. 10 Miscellaneous Timber (ALLOWANCE): Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; constructing timber work as indicated by the Contract Documents or as directed by the Engineer; or additional timber work not otherwise indicated in the Contract Documents; and all other work items not otherwise itemized as required to complete the work in place. Quantity provided for bid purposes only, and may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for this bid item. Unit Price per Board -Foot. Item No. 11 Pile Shim (ALLOWANCE): As directed by the Engineer, work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; constructing shims to fill existing gaps between pile caps and piles; and all other work items not otherwise indicated in the Contract Documents. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be provided. Unit Price per Lump Sum. Page SP 10 of 16 Item No. 12 Pile Post Repair: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals,- procuring, ubmittals;procuring, approving, delivering, storing materials; repairing pile posts and restoring the pile to full bearing capacity at Newport and Balboa Piers, as specified in the Contract Documents; and all other work items not otherwise itemized as required to complete the work in place. Unit Price per Each. Item No. 13 Replace Exterior Stringer Splice Bolts: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing materials; removing and disposing of existing corroded hardware; salvaging any stainless steel hardware; removing and inspecting timber splice member; replacing splice in-kind as directed by the Engineer; reinstalling splice; installing new stainless steel hardware with galvanized malleable iron washers; making adjustments for replacing railing post and any additional bolts not shown; and all other work items not otherwise itemized as required to complete the work in place. Contractor shall electronically submit to the Engineer photos showing the existing condition of each timber splice for replacement determination. All timber replacement, where indicated on the Contract Documents or as directed by the Engineer shall be paid under Item No. 10. Unit price per Each. Item No. 14 Progress Photos and As -Built (Fixed): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for actions necessary to submit photographic records and provide as -built drawings. Photographic records submittal shall be both in hard copy and digital (CD) format and represent all repairs made. These records shall be legible, organized, and tabulated. Questionable records could delay the processing of progress and final payments. As -Built drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000.00 is determined for this bid item. The intent of this pre- set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 15 Repair Balboa Pier Bents 28-30 (ADDITIVE ITEM): Work under this items shall include, but not limited to furnishing all labor, material, tools, equipment and incidentals for repairing all; as specified per the Contract Documents at each bent; and all other work items not otherwise itemized as required to complete the work in place. Item No. 16 Repair Newport Pier Bents 29, 30 and 31 (ADDITIVE ITEM): Work under this items shall include, but not limited to furnishing all labor, material, tools, equipment and incidentals for repairing all; as specified per the Contract Documents at each bent; and all other work items not otherwise itemized as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page SP 11 of 16 PART 2 - CONSTRUCTION MATERIALS SECTION 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD 204-1.1 Kinds 204-1.1.2 Douglas Fir Timber shall be Douglas Fir No. 1 with ACZA or CCA preservative. Sizes shall match members being replaced. SECTION 206 — MISCELLANEOUS METAL ITEMS 206-3 GRAY IRON AND DUCTILE IRON CASTINGS 206-3.8 Malleable Iron Washers Galvanized Iron, conforming to ASTM A48, as provided by Portland Bolt & Manufacturing Co., Fastenal, or Engineer approved equal. 206-3.9 Spike Grid Timber Connectors Galvanized iron, 4-1/8" x 4-18" conforming to ASTM A47, grade 32510, and galvanized per ASTM A123; as manufactured by Portland Bolt & Manufacturing Co., Cleveland Steel, or Engineer approved equal. 206-7 STAINLESS STEEL 206-7.1 General Stainless steel bolts and miscellaneous hardware shall be AISI 316L. 206-7.2 316 Stainless Steel Hardware: Bolts: ASTM A193, Grade 138M Class 1; or F593, Group 2, Condition A Washers: Made from 316L Stainless Steel Nuts: ASTM A194, Grade 8M; or F594, Group 2, Condition A Lag screws: ASTM A193, Grade B8M, Class 1 SECTION 210 — PAINT AND PROTECTIVE COATINGS 210-6 PILE WRAP Page SP 12 of 16 210-6.1 General Pile wrap system shall consist of an inner barrier of marine grade petrolatum tape, and an outer cover (80 mils thick) secured with stainless steel nails, as manufactured by one of the following: a. Pile -Gard PVC -T with Petrolatum Tape as manufactured by BARRIER Industrial Marine Products, LLC, 14900 Avery Ranch Boulevard, Suite C200 #46, Austin TX 78717, ph: 512-778-5899; b. SeaShield Series 90 as manufactured by Denso North America, 9747 Whithorn Drive, Houston, TX 77095, ph: 281-821-3355; c. Or Engineer approved equal Systems by other manufacturers providing same or better performance as those listed may be submitted to the Engineer for review and approval. Approval decision will be at the Engineer's sole discretion. Failure to approve shall not be grounds for claim and contractor will be required to use one of those listed above. Approval may be granted before bid providing all documents needed to make decision are submitted a minimum of 14 days before bids are due. Approved system(s) will be added by addendum. 210-6.2 Pile Surface Preparation Prior to application, thoroughly clean and remove marine growth, old nails, bolts, and any other deleterious material which might prevent proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure water blasting and grinding. 210-6.3 Installation Contractor shall install product per manufacturer's instructions. 210-7 PILE ENCASEMENT 210-7.1 General Pile encasement system shall be one of the following: a. FX -70 Structural Piling Repair and Protection System as manufactured by Simpson Strong -Tie, PO Box 10789, Pleasanton, CA 94588, ph. 800-925-5099; b. Five Star Pileform F as manufactured by Five Stars Products, Inc., 60 Parrott Drive, Shelton, CT 06484, ph: 203-336-7900; c. Denso SeaShield Fiber -Form as manufactured by Denso North America, 9747 Whithorn Drive, Houston, TX 77095, ph: 281-821-3355; d. Or Engineer approved equal Page SP 13 of 16 Systems by other manufacturers providing same or better performance as those listed may be submitted to the Engineer for review and approval. Approval decision will be at the Engineer's sole discretion. Failure to approve shall not be grounds for claim and contractor will be required to use one of those listed above. Approval may be granted before bid providing all documents needed to make decision are submitted a minimum of 14 days before bids are due. Approved system(s) will be added by addendum. 210-7.2 Fiberglass Jacket a. Fiberglass material shall meet the following minimum physical properties Min. Ultimate Tensile Strength ASTM D638 16,000 psi Min. Ultimate Flexural Strength ASTM D790 25,000 psi Flexural Modulus of Elasticity ASTM D790 700,000 psi b. The fiberglass form shall have interlocking tongue -and -grove seam. Thickness shall be a minimum of 1/8 -inch. Increase thickness as required due to Contractors need and local conditions. c. The form shall be translucent to provide visual inspection during pumping of the grout. d. The fiberglass form may be manufactured as either a single unit or as two pieces that shall be joined in the field. The forms placed one above the other shall have overlapping molded bell (open cavity) to receive a bottom seal gasket. The forms shall have a tongue -and -grove closure. 210-7.3 Pumpable Grout Grout shall be the following based upon the manufacture's system chosen. a. Five Star: Cementitious Underwater High -Strength Grout b. Simpson Strong Tie: FX-70-61VIP Multi -Purpose Marine Epoxy Grout c. Denso: SeaShield 510 UW Grout 210-7.4 Miscellaneous Seals, grout plugs, hardware and accessories per manufacturer's instructions. 210-7.5 Pile Surface Preparation Prior to application, thoroughly clean and remove marine growth, old nails, bolts and any other deleterious material which might prevent proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure water blasting and grinding. 210-7.6 Installation Page SP 14 of 16 Install jacket, grout and finish according to the following unless manufacturer's instructions are more stringent. a. Install the fiberglass jacket as shown. b. Drill and install port holes on-site so that the correct location will be obtained. A threaded port hole secured by bolts or riveted internal flap shall be installed at required locations. c. Stand-offs shall be laced around the circumference of the form to provide an annular space between the pile and fiberglass jacket. d. The inside surface of the fiberglass jacket shall be clean and free of grease and dirt. Open and position around the pile. e. Secured jacket by temporary nylon straps, steel straps or other means to assure that it will not move or distort during placement of grout. Recommended spacing is 18 inches or as required by manufacturer. f. All vertical seams shall be fastened with self -taping screws not exceeding 6 -inch spacing. g. Construct a plug at the bottom with epoxy grout or underwater grout as recommended by the manufacturer to prevent any leaking of grout material during pumping. Pumping shall not commence until bottom seal is fully cured. h. After all seals are complete, start pumping at lowest port. When grout emerges from next higher port, close current port and move to the next higher port and continue pumping. i. After the pumping process is completed and the grout has cured, remove all temporary supports. Finish the top of the fiberglass jacket with the trowel -able underwater epoxy mortar recommended by the manufacturer. Page SP 15 of 16 APPENDIX A COWI INSPECTION REPORTS BALBOA PIER dated September 13, 2021 NEWPORT PIER dated September 13, 2021 Page SP 16 of 16 CITY OF NEWPORT BEACH OCEAN PIERS MAINTENANCE INSPECTION REPORT: BALBOA PIER 555 12th Street, Suite 1700 Oakland, CA 94607 September 13, 2021 100 Civic Center Drive Newport Beach, CA 92660 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Contents 1 BACKGROUND AND SUMMARY ............................. 2 INTRODUCTION...................................................... 3 INSPECTION PROCEDURE ..................................... 3.1 Key Personnel .................................................... 3.2 Above water inspection - above deck......... 3.3 Above water inspection - underdeck........... 3.4 Underwater inspection .................................... 4 OBSERVED CONDITIONS ...................................... 4.1 Above water / Above deck ............................. 4.2 Above water / Under deck ............................. 4.3 Underwater....................................................... 5 REPAIR RECOMMENDATIONS ............................... 5.1 Immediate repairs ........................................... 5.2 Priority repairs ................................................. 5.3 Future Inspections and Repairs .................... 6 REFERENCES........................................................... APPENDIX A - Plan ....................................................... APPENDIX B - Inspection Data ................................... APPENDIX C - Condition Ratings ................................ 2 6 ..................................................... 7 ..................................................... 7 ..................................................... 7 ..................................................... 8 ....................................................10 ....................................................10 ....................................................10 ....................................................16 ....................................................31 ....................................................34 ....................................................34 ....................................................34 ....................................................35 ....................................................36 ....................................................38 ....................................................39 ....................................................65 1 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 1 BACKGROUND AND SUMMARY The City of Newport Beach retained COWI Marine North America (COWI) to perform repair level Structural Assessment Inspections of the Newport and Balboa Piers', Contract C 8188-1A. The project was divided into three primary tasks: Task 1 - Data Review and Project Planning; Task 2 - Perform Repair Design Inspection; Task 3 - Comprehensive report; Task 4 - Plans, Specifications, and Cost Estimates (PS&E). The inspections were performed in compliance with ASCE MOP 130 - Waterfront Facilities Inspection and Assessment (ASCE 2015) and ASCE Underwater Investigations, Standard Practice Manual No. 101 (ASCE 2001). This report addresses the findings and recommendations for Balboa Pier. Originally built in 1906, the pier has a length of approximately 920 ft. The width of the pier is typically 24 ft starting from shore with widened areas 40 ft across at bents 22 through 24 and 33 through 35, then 24 feet again through bent 42. The pier is 80 ft wide for the final, approximate 80 ft from bent 43 to Bent 47. The Balboa pier structure consists of timber piles, cap beams, stringers, concrete deck on plywood sheets, blocking, bridging, transverse (east -west) vertical bracing, horizontal bracing under the stringers, concrete deck, and railing. Longitudinal, vertical, diagonal bracing is located at the offshore end of the pier from bents 43 to 47. The pier underwent a rehabilitation project constructed by the John S. Meek, Company in 2002. The current concrete deck was installed at that time. Since then, the City has completed two rounds of repairs following inspections performed by American Marine Corporation in 2014 and COWI in 2016. Inspection of the Newport Ocean Pier was also included in the Contract and is the subject of a separate report. 2 Kom Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Figure i - Balboa Pier Location, 1 Balboa Pier, Newport Beach, CA 92661 The Balboa Pier is currently used for sightseeing, fishing, and dining. The public has access to the entire length of the pier and Ruby's Diner is located at the offshore end. The scope of this inspection included the entire pier structure exclusive of the Ruby's building. The last condition assessment of the pier, Ocean Piers Maintenance Inspection Report, Balboa Pier, 2016 (CON 2016) was performed by CON from which the 2017 repair plans were developed. The previous condition assessment of the pier was performed by American Marine Corporation in 2013 (American Marine 2013), from which the 2014 to 2015 repair project was generated. In their report, the Pier was assessed to be in overall Good condition but with defects noted and recommendations for repair. We note that the definitions for the ratings used in the American Marine Corporation report do not match the standard definitions we have used. As previously mentioned, the definitions used throughout our report are based on ASCE MOP 130 - Waterfront Facilities Inspection and Assessment (ASCE 2015) and 3 (I X)W1 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 ASCE Underwater Investigations, Standard Practice Manual No. 101 (ASCE 2001). MOP 130 had not been adopted at the time of the American Marine inspection in 2013, but was used in the COWI 2016 inspection and in this latest inspection. Based on our findings, we determined that there are additional repairs that should be completed, but the Pier is in Fair Condition overall. Generally, the timber framing is in Fair to Satisfactory Condition. Four locations of isolated damage greater than a Moderate rating to bracing was noted but beyond those locations it is general free of significant defects. There are 3 piles with Severe damage - pile 25-C, 37-C, and 45-H. One pile, 43-I, has a Major crack through the pile at the pile cap to strap bolts. Hardware condition varies from no damage to Severe damage. Typical underwater pile observations include exposed timber piles at the mudline. Grout encapsulations, concrete encasements, pile wraps, and combinations thereof are present. The most pressing issue we observed, which should be addressed as soon as possible, is the condition of the 3 Severely damaged piles located on bents 25, 37, and 45. These piles are all located beneath continuous sections of pile caps so a valid load path exists, but the demand on adjacent piles has increased. The pile at 43-I which should have a collar installed, straps, hardware, and bolts with Major or Severe rust which should be cleaned and repainted or replaced. Piles with ineffective interfaces between concrete encasements and flexible marine pile wraps oe either encasements or wraps terminated short of the mudline should be addressed with new wraps or sleeves to seal the interface. Twelve of the stringer splice connections on the easternmost stringers were found to have at least one missing bolt, which combined with corroded bolts on both sides of the pier yielded 75 Severely damaged bolts, plus another 122 bolts noted as containing Major corrosion. In addition to the timber and steel splice connections noted above, straps, hardware, and bolts with Major or Severe corrosion are found throughout the structure. Included in these items rated with Major or Severe defects are 52 pile to cap connection straps, 102 bolts at pilecap to pile connection straps, 140 bolts connecting the pilecaps to stringers, 31 bolts connecting transverse 4 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 and longitudinal timber bracing to piles, 110 bolts connecting horizontal bracing to the bottom of the stringers (of which 55 were Severe). We also noted 44 bolts connecting handrail posts to exterior stringers. With all the recommended repairs completed, we would expect the overall rating to increase to Satisfactory and the next inspection would occur in 5 years. Otherwise, the next inspection should be in 3 years.' See the summary table of all Severe and Major defects, below. Table 1 - Summary of Severe and Major Deficiencies Summary of Severe & Major Items 2020 Rating Primary Element Count (All) Severe Pile 3 Severe Strap - cap to pile 2 Severe Brace - transverse 3 Severe Cap Bolts 127 Severe Bracing Bolts 63 Severe Strap Bolts 19 Severe Stringer Splice Bolts 75 Severe Railing Post Bolts 25 Major Pile 1 Major Strap - cap to pile 50 Major Cap Bolts 13 Major Bracing Bolts 78 Major Strap Bolts 83 Major Stringer Splice Bolts 122 Major Light Pole Base 5 Major Railing Post 3 Major Railing Post Bolts 19 Table 2 - ASCE Rating to City Repair Priority Table Rating ASCE Rating Abbreviation CNB Priority Code Not Inspected NI x No defects ND 5 2 Ratings and inspection intervals per MOP 130 (ASCE 2015). 5 �J Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Minor I MN I 4 Moderate MD I 3 Major I MJ 2 Severe SV 1 Minor -SS SS 4 Nonexistent I -- 0 Abandoned Al 0 Replaced/Repaired RP 5 New/Added N 5 2 INTRODUCTION The purpose of this report is to describe our inspection methodology and observations, and provide repair priority recommendations and estimates of repair costs. We performed the below deck, above water inspection on December 14, 15, and 18, 2020 using a snooper and by foot. Below water inspection utilizing divers was performed at this pier on February 8th and 9th, 2021. The inspections were performed in compliance with ASCE's MOP 130 - Waterfront Facilities Inspection and Assessment manual (ASCE 2015) and ASCE Underwater Investigations, Standard Practice Manual No. 101 (ASCE 2001). For purposes of this inspection, project north is taken as the longitudinal centerline of the pier looking towards the shoreline from the offshore end of the pier. We have rated the elements following ASCE MOP 130 and Manual No. 101. Per section 2.5 of MOP 130 "A damage rating is assigned to each element inspected during an investigation. The rating reflects the condition of the individual element only and is independent of the element's structural importance and the type of inspection being conducted". The timber elements were rated based on Table 2-4 which is depicted in Fig. 2-2 of the guidelines. Similarly, the steel elements were rated based on Table 2-5, depicted in Fig. 2-3. The overall condition assessment rating and recommended actions were based on Table 2-14 and 2-16 of the Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 guidelines. The tables are reproduced in Appendix C. City of Newport Beach Priority ratings of defects from 1 through 5 for repairs were then assigned to individual defects noted. 3 INSPECTION PROCEDURE The COWI operational project manager was Warren Stewart, P.E., S.E. (CA). The above water inspection was led by Jim Kearney, P.E. (CA) with the assistance of field engineer Jessica Rivas. The underwater inspection was led by Jonathan Boynton, P.E. (CA), with Ben Wilk, Engineer Diver, and Mitch Miller, commercial diver. Above water inspection and underwater inspection teams were onsite at different times, but Warren Stewart was periodically on site with both teams. 3.1 Key Personnel Fong Tse, P.E., Project Manager, City of Newport Beach Tom Sandefur, Assistant City Engineer, City of Newport Beach Warren Stewart, P.E., S.E., Project Manager, COWI Jim Kearney, P.E., Above Water Lead Inspector, COWI Jessica Rivas, Above Water Inspector, COWI Jonathan Boynton, P.E. Diver, COWI Ben Wilk, Engineer Diver, COWI Mitch Miller, Commercial Diver, P.E., COWI 3.2 Above water inspection - above deck For the above water / above deck, a walkthrough of the entire deck was performed. We inspected the conditions of the deck slab & bolts, railing, accessible utilities, light poles, stairways and ramps. Notes and photos were recorded. 7 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 3.3 Above water inspection - underdeck From bents 15 to 47, a snooper (Figure 1) was used to access the underdeck to inspect the structure and utilities. The snooper equipment, which was specially configured to work on piers with lower load ratings and closer bent spacing than that of typical highway bridges, swung 90 degrees and reached out and over the side railing, down, and then under the deck. The platform was then extended to provide a working surface across the width of the pier. It was then retracted, moved, and reset along the pier approximately every other bent. The equipment occupied about 13 ft (including safety barrier) of the 24 to 40 -ft wide deck. Thus, a visual and tactile inspection of all structural elements and utilities was performed for approximately 50% of the structure between these bents. A visual -only inspection was performed for the rest as visibility under the deck was good such that the adjacent bents on either side could be viewed. 9 DOW Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Figure 2 - Snooper, equipment set up. We were able to inspect bents 9-15 from the beach itself. Bents 6-10 were visible beyond fencing which precluded a tactile inspection, but appeared to be in sound condition, and bents 1-5 were buried in sand and not visible for inspection. Also, some views were obscured by tents. Any deterioration or anomaly was noted both on paper and with digital photography linked to voice notes as needed. The information was later transferred to the database. 9 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 3.4 Underwater inspection The underwater investigation of the Pier was conducted on November 8th and 9th, 2016. All diving operations were performed in strict accordance with all applicable OSHA and ADCI regulations governing safe commercial diving practices. Underwater operations were conducted using commercial surface -supplied diving equipment, staged from the Pier deck. The inspection work consisted of a Level I examination of 100 percent of accessible structural pile components extending from the mudline to the tidal zone. The pile condition above the tidal zone to the bottom of the pile caps was noted by the above water inspection team. A Level II examination was conducted on a representative sampling of randomly selected structural timber piles comprising a minimum of 10 percent of the accessible structural components. Level II examinations involve the cleaning of an element's surface to detect and identify damaged or deteriorated areas that may be hidden by surface biofouling. Based upon the recorded field observations, each structural component was assigned a damage grade in accordance with the pile damage criteria ratings provided in Appendix C. 4 OBSERVED CONDITIONS 4.1 Above water / Above deck In general, the above deck condition is Satisfactory, with isolated instances rated Moderate to Major. Weathering of the handrails/guardrails is typical, with defects rated Minor to Moderate. 4.1.1 Concrete Deck A 5" concrete deck was constructed on the pier in 2002. There is Minor hairline cracking and Minor impact spalling located along the length of the pier. (See Photo 1 and 2). 10 cowl Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 1 -Minor hairline cracking between bent 46 and 47 south of Ruby's. Sporadic throughout deck. No action necessary. Photo 2 - Minor hairline cracking. No action necessary. 4.1.2 Railing. Most of the railing has Minor to Moderate (Photo 3) damage due to weathering. There is additional damage due to apparent carving damage done by people using the pier. (Photo 4). 4 "W Photo 3 - Typical railing condition. Minor to Moderate weathering. (Note also Minor to Moderate weathering of timber benches, typical.) 4.1.3 Appurtenances. Photo 4 - Handrail damage from carving at Bent 47, south end pf pier. There are 6 concrete benches at the widened portion of the pier from Bent 22 to Bent 24 and 4 concrete benches from bents 33 to 35. One bench on the west side 11 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 of the pier was noted as having spalling and exposed reinforcing at approximately bent 34.7 but has been repaired (Photos 5A and 5B). Three benches were noted to have Major spalling on the west side (Photos 6A through 6D). Timber benches are provided on both sides of the pier from Bent 28 through Bent 48. These timber benches typically show Minor to Moderate weathering (Photos 6E and 6F). Photo 5A - Heavy spalling at concrete bench at Photo 5B - Same location, 2020, bench has Bent 34. 7, west side of pier, 2016. been repaired or replaced. 12 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 6C - Heavy spatting at north concrete bench Photo 6D - Same location, middle bench. between bents 22 and 24 west side of pier. Photo 7E — Minor to moderate weathering on timber benches,. typical Photo 6F - Minor to moderate weathering on timber benches; typical 13 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Light poles are located along the east side of the pier from Bents 10 through 39 and all four corners of the widened southern end of the pier. The 6x6 timber poles have Minor weathering. The poles' connection to the pile caps had from Minor to Major corrosion (Photo 7). A steel security gate is located at approximately bent 15.5. The gate is itself without defect and the anchor bolts are showing Minor to Moderate rust accumulation (Photo 8). Photo 7 - Major corrosion on light pole base bottom plate at Bent 24, east side of pier. (Note also Major, top, and Severe, bottom, bolts at railing post.) Photo 8 - Moderate rust at security gate base bolts. Bent 15.5, typical. The treads on the pier access stairs to and from the adjacent parking lot are heavily worn (Photos 9-10). There is widespread cracking on the concrete accessible ramp leading to the pier from the restrooms on the east (Photos 11A - 12B). 14 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 9 - Heavily worn treads at stairs, 2016 Photo 10 - Treads, repaired, 2020. Photo 11A - Moderate to Major cracking at concrete ramp, Bent 4.5, east side of pier. Photo 11B - Minor to Major cracking of concrete in accessible ramp, Bent 4.4, east side of ramp. Photo 12A - Minor to Major cracking of concrete in accessible ramp, Bent 4.4, east side of ramp. 2016 Photo 12B -Same location, unchanged condition 15 Ck)Wf Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 4.2 Above water / Under deck Bents 5 thru 16 were inspected from the ground. Bents 15 thru 47 were inspected with the snooper equipment, and by accessing the platforms beneath the deck south of bent 43. Although we only accessed approximately every other bent with the snooper, we were able to get a clear view of two or three bents down from any point. Bents 1 through 5 were not visible for inspection and bents 5 through the north side of bent 9 were visible above the sand line, through a chain link fence. With the exception of isolated instances, the overall condition of the timber was observed to be Fair. The top connection hardware condition ranged from No Damage to Severe damage. 4.2.1 Piles. Piles above water are generally in Fair condition. Moderate checking of the piles is common, but these piles retain a solid core. There was severe damage noted at two piles, 25-C and 37-C. The damage to Pile 25-C was brought to our attention after our inspection was complete. The City forwarded a photo that showed that he pile wrap had completed disengaged from the pile and revealed the loss of section present. There is approximately 95% section loss at pile 25-C and the pile at 37-C is completely missing above a 12 foot long jacketed stub at the mudline. (Photo 13, 14, and 15). The pile at 43-I has a Major crack through the bolts at the top connection hardware. (Photo 16). Piles typically have Minor to Moderate deterioration. Typical observations include weathering, checking, and impact gouging. A previously noted pile has containing a Major check at Pile 14-A and was repaired with a full length sleeve (Photos 19A and 19B). 16 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 13 - Pile 37-C missing Photo 15 -Pile 25-C, far right, has missing wrap and approximately 95% section loss. Photo 14 - Pile missing at 37-C. (Note bracing cut at pile D, and missing strap connection.) Photo 16 - Pile 43-I has Major crack though bolts. Cap to pile connecting strap, type 3, cut at pile 38-D location. Note also broken bracing. 17 7z Photo 15 -Pile 25-C, far right, has missing wrap and approximately 95% section loss. Photo 14 - Pile missing at 37-C. (Note bracing cut at pile D, and missing strap connection.) Photo 16 - Pile 43-I has Major crack though bolts. Cap to pile connecting strap, type 3, cut at pile 38-D location. Note also broken bracing. 17 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 C0Wf h) , P I ALI Ifffi� 1 ' i iP1�,1i� A In - Photo 17 - Moderate checking and weathering. Pile 29-A looking northwest. Photo 18 - Typical minor weathering of piles 8 and C at bent 19. 18 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 19A - 2016 -Isolated 5 inch deep check. Pile 14-A looking southeast. Photo 198 - Pile 14-A now with fiberglass sleeve, 2020. Photo 20 = Piles and caps have no strap connection at bent 6. Photo 21 - Type 3 strap attached to pile A, bent 30. Strap angled to avoid previous bolt holes in pile. 19 MW Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 4.2.2 Stringers. The stringers, and their cross bridging and blocking, are in Fair condition overall. Interior stringers are in Satisfactory condition, overall. Typically, on the eastern side of the pier, the two 6x16 stringers that abut over each cap are spliced using a 4x16 timber placed inside of the 6x16's. These stringers are connected by 3 bolts through each stringer into the 4x16 splice member, for a total of 6 bolts. (Photos 22 and 23). Twelve splices on the easternmost stringer have at least one missing bolt from typical 6 bolt connections. (These may just be the eastern bolt heads as we did not note the missing bolts from underneath the pier on the interior of the splice.) Bent 20 is missing all bolts. The remaining stringers on the east side of the pier, where all of the bolts exist, have from Minor to Severe corrosion on the bolt heads and nuts but remain intact. A count of individual Major and Severe bolts are totaled for each connection in Appendix C. At the exterior stringer splices along the western side of the pier, a steel splice plate is bolted alongside on the interior of 2-6x16 stringers that abut over the cap. These stringers are typically connected by 6 bolts through each stringer into the steel splice member. (Photo 24 and 25). No missing bolts were noted at the splice connections on the west side, but corrosion is still present. Connections at the west side of the pier have from Minor to Severe deterioration on bolts but the bolts are all present with intact washers on both sides of the connections. Individual Major and Severe bolts are totaled for each connection in Appendix C. Since the shear plane of the bolts is protected from moisture to some degree by the concrete deck, the condition of the connections overall is likely greater than the condition of the bolts and washers would indicate. However, given that bolts do continue to deteriorate, Major and Severe bolts should be replaced. These connections should also continue to be monitored at future inspections. 20 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 2t; CiL1� Photo 22 - Typical bolted splice connection at stringer 13 (farthest east) at Bent 7 looking west. 1 of 6 bolts missing at the exterior. MW 'r > 1001, Photo 23 - Typical Severe interior bolts at splice connection at stringer 13 (farthest east) at Bent 10. Photo 24 - Typical steel stringer 1 splice connection at west side of pier at bent 39. Minor surface rust. Looking north. Photo 25 - Bolted splice connection at stringer 1 (farthest west) at Bent 8 with only Minor corrosion on the exterior bolts. Stringers exhibit "salt bursting" of the surface fibers at several locations (Photos 26 and 27). This condition is usually cosmetic and not a structural concern. Several stringers with salt bursting of the surface fibers have previously been sistered with new stringers. We did not detect a significant underlying loss of capacity in those we investigated. Salt bursting occurs when salt water is absorbed by the timber at its surface, Is absorbed into the wood fibers, and the water then evaporates leaving 21 M I Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 the crystalline salt in the fibers. Over time the salt builds up and bursts the individual wood fibers producing a "fuzzy" appearance. Typically, stringers exhibiting "salt bursting" on the surface do not require and remedial action, but they do require monitoring. Over time the section loss can add up. Photo 26 - Salt bursting at stringer 9 between bents 19 and 20. Photo 27 - Same location after rubbing loose material by hand. very little actual section loss. 4.2.3 Pile caps. The timber pile caps are rated Satisfactory. Some piles caps have been repaired by sistering with new timber on the north and south face of the existing cap. Bent 38 over piles B to D is an example (Photos 28 ad 29). One pile cap, at bent 14, east of Pile D has a major vertical crack (Photo 30) through the entire section. There is no load on the cap at this location and the vertical crack doesn't significantly affect the capacity of the member, but water can get in beyond the preservative treatment. The cap between piles B and C at bent 44 has a crack at the bottom of the member (Photo 31). The location of this crack could indicate a previous overstressing of the member or it was just an unfortunately located check that has opened under the anticipated design load. 22 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 28 - 2016- Previous damage to pile cap (and diagonal bracing) at east end of bent 38 (prior to hanging pile removal). Photo 29 -2020 Pile (D), pile cap (B to D), and brace repair at bent 38. Photo 30 - Major damage to pile cap at east end of bent 14. Vertical crack, no loss of strength but water can infiltrate to unprotected timber. Photo 31 - Damage to pile cap. Crack at bottom of cap. Bent 44, pile B.5. Looking north. 23 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 4.2.4 Horizontal Cross bracing. Horizontal timber cross bracing from bent 10 to the offshore end of the pier provide lateral stiffness to the pier deck. The concrete slab installed in 2002 also provides some lateral stiffness to the deck. The overall conditions of the horizontal bracing timber is Satisfactory. There is very little damage to the timber members, and that is limited to localized Minor salt bursting of the exterior wood fibers. In many locations where original bolts attaching the bracing to the stingers and caps have corroded, new bolts have been installed. The replacement bolts generally have Minor corrosion and the replacement malleable washers have Minor to Moderate corrosion. Where original bolts with Major or Severe corrosion have been replaced and abandoned in place their condition is irrelevant to, and does not affect, the overall condition assessment. Abandoned bolts are not rated. We identified a number of locations where Major and Severe horizontal bracing bolts exist that have not been replaced by new bolts. These bolts are identified in Appendix C. Photo 32 - Major and Severe bolts with no replacements at bent 14 horizontal cross bracing. Note bolts only required at every other stringer. Photo 33 - Salt bursting on timber horizontal bracing, Major and Severe bolts. Bent 16 looking south. 24 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 34 - Horizontal bracing at bent 44, row H.5 with both Severe and replacement bolts. Photo 35 -Horizontal bracing at bent 41 to 42 with both Severe (abandoned) and replacement bolts. 4.2.5 Vertical Cross bracing. Vertical diagonal bracing spans transversely between the piles from Bent 11 to the end of the pier. Longitudinal diagonal bracing spans between piles from bent 43-47. The overall conditions of the cross bracing timber is Fair. The majority of the braces are observed to have Minor to Moderate weathering. Bolts connecting the vertical diagonal bracing to the piles also run the range from Minor damage to Severe corrosion. Longitudinal diagonal bracing spans between piles from bent 49 to 53. We did not note any defects above Moderate on any of the longitudinal timber bracing. We identified 4 Severely damaged vertical diagonal braces. Three transverse diagonal braces located at bents 21 and 37 (both north and south of the piles at bent 37), and 1 Severely damaged longitudinal diagonal brace at row J at bent 46. 25 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 36 - Severe damage to Vertical diagonal bracing, looking north east at Bent 21, pile D. Photo 37 - Transverse diagonals terminate at pile B at Bent 37. Pile C is missing at this bent. Photo 38 - Longitudinal brace at row J from bent 45 to 46 has been cut. See stub remaining at pile 46-J, shown. Looking south east at bent 46. Photo 39 - View of transverse and longitudinal vertical diagonal bracing looking east between bents 44 and 45. 4.2.6 Connecting Hardware. The connection hardware throughout the pier runs the full range from No Damage to Severe Damage. Most of the straps and bolts from pile cap to piles have rust on the surface, some cases worse than others. Four different styles of cap to pile connection have been employed, as shown in Photos 40 through 43. The original style, Type 1, is an inverted, u -shaped bent plate with 2 bolts through the pile. The second style, Type 2, is similar but made of 2 separate pieces, one L-shaped and a flat plate welded to RZ91 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 it, again with 2 bolts through the pile. Type 3 is simply 2-4"x4" angles, one on either side of the cap with 2 bolts through the cap and 2 bolts through the pile. Finally, Type 4 is rare, and is merely two pieces of plate, one on each side of the cap with 1 or 2 bolts through the cap and 2 bolts through the pile. All 4 of the styles appear to have originally been galvanized. Typically, the Type 3 straps are in the best condition. Bolts though the pile to cap connections range in condition from Minor to Severe corrosion. Major and Severe bolts are identified in Appendix C. Photo 40 - Type 1 pile 408 to cap connection Photo 41 - Major Type Z pile 16D to cap connection, note minor Stainless -Steel bolt though pile, Major bolts at top. Severe bolt and washer at cap to stringer. 27 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 42 - Type 3 pile 40D to cap connection. Note, rotated to avoid previous strap bolts and cut to accommodate diagonal bracing. Photo 43 - Type 4 pile to cap connections 35D and 35E. Bolts connecting the vertical diagonal bracing to the piles also run the range from Minor damage to Severe corrosion. Those with Minor damage are typically stainless steel or 2017 galvanized replacement bolts. But, the galvanized replacement bolts and washers are typically beginning to show surface rust. Vertical bolts connecting stringers to pile caps all have Major to Severe Damage, mostly rated major. These bolts are probably still providing shear capacity between the cap and stringers, though, as they are protected from moisture by the slab above. The bolt heads and washers are exposed at the bottom of the caps. Major and Severe bolts are documented in Appendix C. 28 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 44 - Severe diagonal bracing bolt at lower connection, Pile 41-A, looking south Photo 45 - Typical Severe corrosion on vertical bolt from cap through stringer, where they occur. Bent 45 shown looking southeast. Also note replacement bolts on horizontal bracing beyond. Photo 46 - Severe horizontal bracing bolts at bent 37.6. Photo 47 - Severe horizontal bracing bolts at bent 37. two Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 4.2.7 Utilities. The utility lines run under the deck on both the east and west sides of the pier. There were no significant deficiencies noted on the lines or the lines' support in our inspection. We notes a loose conduit support under the east utility chase at bent (Photo 41) Photo 48 - Western utility chase cover at Bent 35.8 removed for inspection. Timber and supports show no significant damage. Photo 49 - Stainless steel screws are in near new condition at all removed cover plates. Photo 50 — Loose Unistrut conduit supports at bent 11 9 e..-ist sire !rtility chase Photo 59 - Typical utility support Unistruts exhibit light surface rust 30 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 4.3 Underwater 4.3.1 Piles. The structural timber piles supporting the Newport Pier are in Fair condition due to overall Minor to Moderate observed conditions with 3 isolated areas of Severe deterioration and 1 with a Major defect. Typical moderate observations include missing wraps and wrap segments, exposed timber piles at the mudline, failed flexible marine pile wrap hardware. At pile 45-H, the pile wrap is torn open in the tidal zone and has exposed the timber pile to the marine environment (Photos 52 and 53). As a result of this exposure, marine borer (Limnoria) deterioration has resulted in approximately 75% percent section loss. Pile 37-C is missing. The existing grout encapsulation, which extends from the mudline up approximately 12 ft, remains in place. Photo 52 - Tear in wrap and Severe section loss due to marine borer (Limnoria) at pile 45-H in the tidal zone. Photo 53 -Severe section loss due to marine borer (Limnoria) deterioration at pile 45-H. 31 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 Photo 55 - Wrap M6" short of mudline at pile 308. No section loss noted f., Photo 54 - Wrap —17" short of mudline at Pile 30A. No section loss. Photo 56 - Pile wrap -6" short of mudline at pile 38A. No section loss. The remaining observed conditions are Moderate, and have not resulted in significant section loss or heavy marine borer infestation. However, it should be noted that these conditions, if left unchecked, could ultimately result in section loss, and potentially expensive rehabilitation repairs. At 14 locations, the pile wrap or fiberglass jacket does not extend into the mudline, and timber pile is exposed. Marine borers were noted at two such locations. Although these defects are designated "Moderate" by ASCE, which equates to a City of Newport beach Repair priority of "3," we feel the City should be particularly 32 CONU Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 aware of them and their locations. They are included in our recommendations from repair. Table 3 - Moderate piles due to short wraps or sleeves Balboa Short Short Wrap. 1" CNB Pile Primary 27 B Wrap Defect 2020 Balboa Repair PierlD Element Material Bent Pile Type Rating Comment Priority Balboa Short Short Wrap. 1" Pier Pile Timber 27 B Wrap Moderate exposed. 3 Balboa Short Pier Pile Timber 28 A Wrap Moderate Short Wrap. 1' exposed. 3 Balboa Short Short Wrap. 6" Pier Pile Timber 29 B Wrap Moderate exposed. 3 Balboa Short Short Wrap. 20" Pier Pile Timber 30 A Wrap Moderate exposed. No SL 3 Balboa Short Short Wrap. 6" Pier Pile Timber 31 D Wrap Moderate exposed. No SL 3 Balboa Short Short Wrap. 1' exposed. Pier Pile Timber 32 A Wrap Moderate No SL 3 Balboa Short Short Wrap. 3" Pier Pile Timber 35 A Wrap Moderate exposed. No SL 3 Balboa Short Short Wrap. 8" Pier Pile Timber 35 C Wrap Moderate exposed. No SL 3 Balboa Short Short Wrap. 1' exposed. Pier Pile Timber 36 A Wrap Moderate No SL 3 Balboa Short Fiberglass jacket stops Pier Pile Timber 38 B Jacket Moderate 3" short of mudline. 3 Balboa Short Short Wrap. 3" Pier Pile Timber 40 C Wrap Moderate exposed. No SL 3 Balboa Marine Short Wrap, 6" exposed, Pier Pile Timber 45 A borers Moderate light MB 3 Balboa Short Short Wrap, 3" exposed, Pier Pile Timber 46 F wrap Moderate light MB 3 Balboa Marine Short Wrap, 12" Pier Pile Timber 47 A borers Moderate exposed, light MB 3 MCI Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 S REPAIR RECOMMENDATIONS The following are our recommendations for repairs, listed by priority. We have not recommended repairs to benches on the pier as they are not structural and the City can make a decision as to repair or replacement of them without our recommendation. 5.1 Immediate repairs 1. Unlike the recommendations following our inspection in 2016, we have not identified any "immediate" repairs. The Severely damaged piles noted in this inspection are located such that there is a valid load path to piles on either side. These piles should be a priority and repaired in the first round of repairs completed by the City. Heavy equipment on the pier should be restricted. 5.2 Priority repairs 1. Piles 25-C, 37-C and 45-H should be repaired as soon as possible to restore original capacity to the pier. Though there is no apparent settling or subsidence at their locations, the redundancy of the system is greatly diminished, The recommended repair for piles 25-C and 48-H is a structural encasement which extends from approximately 1 foot below the timber diagonal bracing to approximately 2 feet below the existing mudline. The encasement will comprise fiberglass formwork around longitudinal reinforcing steel, confined by welded wire reinforcement, which will be encased in marine grout. In the case of the pile at bent 37-C the missing portion of pile would be replaced by a pressure treated 10x10 timber post or new section of pile with a jack to preload the pile and then be abandoned in place. The new post would sit atop the jack which would be placed at the top of the remaining, sound pile below. The post would extend to the pile cap. The jacket would extend from a minimum of 3 feet below the top of original remaining pile to 2 inches below the cap. 34 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 The jack, either screw type or manual hydraulic, would be loaded to ensure a positive support to the cap above. 2. Broken diagonal bracing should be repaired (3 transverse braces, 1 longitudinal brace). 3. Vertical diagonal bracing bolts with Major or Severe corrosion (31 bolts) should be replaced with stainless steel bolts. 4. Stringer splice bolts with a rating of Major or Severe should be repaired at the east (22 splice locations, 97 bolts) and west (14 splice locations, 100 bolts) to retain and assure tension capacity. This is especially necessary in a pier without longitudinal bracing. Only bolts are recommended for replacement. We did not note any significant damage to the existing splice material, either timber or steel. 5. Pile to cap connection plates with Major or Severe corrosion (52 locations) should be replaced with a pair of galvanized steel angles similar to the Type 3 connection shown in section 4.2.6. 6. Where timber pile is exposed at the mudline, installation of a bottom encapsulation is recommended (14 locations). The repair includes the installation of a grout encapsulation, which will extend a minimum of two feet below the existing mudline and will overlap the existing pile wrap or existing grout encapsulation a minimum of one linear foot. 7. The railing posts with Major splits (4 locations) should be repaired by installing a new galvanized %" horizontal bolt with nut and malleable washers between two of the anchoring bolts, but oriented north -south. This bolt will be used to close the crack and arrest progression of the crack. 8. Severe and Major bolts (44 locations, 69 bolts) anchoring the railing posts to the exterior stringers should be replaced with new galvanized bolts and malleable washers. 5.3 Future Inspections and Repairs The discovery of the damage to Pile 25-C after our inspection raises concerns about the remaining, wrapped piles. The presence of heavy marine growth on the fairly rigid pile wraps makes determining section loss by feel difficult. The tactile inspection performed by our divers was completed to locate and identify damage to 35 CONVI Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 the existing pile wraps, and lacking damage, the assumption was that the wraps were protecting the pile within. We felt that this was a reasonable approach based on the level III inspections performed during the last inspection cycle in 2016 at the Newport Pier. During that inspection a limited number of Level III inspections was conducted and piles that had not previously been identified as Severely damaged were not found to contain Major or Severe defects. The City should consider performing a limited number of Level III or other informative inspections. Some could be performed from the beach at low tide, but within the tidal zone without having to mobilized divers. The wraps could be removed and the piles inspected visually, or less destructively, stainless steel nails could be driven through the wraps at selected piles at all four quadrants from MLLW upwards at 2 foot spacings through the tidal zone, as an example. If the nails do not encounter a solid substrate behind the wraps a more invasive inspection could be conducted during the repair phase when wrap repair materials could be on -hand and a crew to install them could be on -hand. COWI would be happy to help the City develop a plan. We recommend monitoring all components for damage every three to five years, particularly for damage to timber framing; monitoring of piles with scour at the base/mudline and corrosion of hardware and bolts. If the above repairs are done within the suggested timeframe, the next inspection is recommended to take place five years hence. If the recommended repairs cannot be done within the proposed timeframe, an inspection in 3 years should be undertaken to determine the status of items listed above with respect to further deterioration. 6 REFERENCES AACE. 2003. Cost Estimate Classification System, Recommended Practice No. 17R-97. Standard, Morgantown, WV: AACE International. 36 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 American Marine. 2013. Inspection of Balboa Pier. Letter Report, City of Newport Beach: American Marine. ASCE. 2015. MOP 130 – Waterfront Facilities Inspection and Assessment. Reston VA: American Society of Civil Engineers. —. 2001. Underwater Investigations, Standard Practice Manual No. 101. Reston, VA: American Society of Civil Engineers. COWI. 2016. Report, Newport Beach. COWI. 2016. Ocean Piers Maintenance Inspection Report, Newport Pier. Newport Beach: COWI. Newport Beach PWD. 2014. Ocean Piers Maintenance, C-5539. Drawings, Newport Beach: City of Newport Beach Public Works Department. 37 I owl - .1 Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 APPENDIX A - Plan Mk 2r Z CL p U V is a N 0 E Ei U a W! W 1 Y CL U a',a p vn �°.�• E 2 �- C E EQ a tL U v (i) v E o v (i) a) C4, ' N ''; N N N i w Q '^ 0.I cno H c' _ a) u o n 4 J-u NCU a 3 QJ' u u = a' mC-4, M ct i ai v a) ,oE E E 41; ' Z' - .c (v '', E a) a) L a u, a) aj aj p ai E a N o O o CD m m N 0 E Ei U a W! W 1 Y CL U a',a p vn �°.�• E 2 �- C E EQ a tL U v U Q co a U O CL O N O i L ! 1 :1-� O i O al o o QI u u o: E� -I ca oo i oo W i U �� �ro m{N Ej i . L m j m ,F i 4L di cu a O H W D_ a i am 1? 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O U 7. l U U •� O G 2 C);?, M Z Z2 � Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 U WA I ERFRON I FACII_I I IES INSPECI ION AND ASSESS:MENI i .7� r O a... i; r• ir, 2 r - J = tr d � • f �F.I t N y.! C" V U -X r - Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 MINOR MODERATE MAJOR JOR SEVERE STANDARDS OF PRACTICE CHECKS, SPLITS AND CHECKS, SPLITS AND GOUGES LFSS THAN GOUGES LESS THAN 0 5 INCHWIDE 0 5 INCH WIDE 31 OtAItETER LOSS OF UP TO CHECKS AND SPLITS CROSS SECTION LOSS UP 15 PERCENT WIDER THAN 0.5 INCH TO 25 PERCENT. r Ji LOSS OF 15 TO 30 PERCENT CHECKS AND SPLITS CROSS SECTION LOSS OF DIAMETER THROUGH CROSS SECTION 25 TO 50 PERCENT FULLY NON, BEARING CONDITION :D CROSS SECTION LOSS EXCEEDING 50 PERCENT Fg. 2-2. Condition ratings for limber elements Source: Com-le-sli of CI=12M 141LL, Inc. and Derr C. Ger7vick, Inc:., reproduced zuhh perrraission. Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 :n y v W y Cli r C4 U E cC 16 N C STANDARDS OF PRACTICE J J; O J .t tz . O ti O c s y (j) M • U U „ i. V ^ f,.. ^ rs v O C'., OG T J yU v.• c J J; O J O O rL, L s y (j) T Z E in r y o J r fi r✓ V = ir 75 •'�' O rn Q1 rti V v J J; J O rL, L Z '97 I_j Ocean Piers Maintenance Inspection Report - Balboa Pier 2021 :3.4 WATERFRONT FACILITIES INSPECTION AND ASSESSMENT (L] N y V rs E G C r O _ G � C � v L •�, r X C G V Li: +� Z c r tc + - >,� tz.O J E r P• C E � _ .D s r .T. V r C1. o U CL G y GC v Em U ^J m q y G ti i tc � •C b U � ✓ •� G y r tic G .J •� M O G w Ci.. ".•A r r -r CC V G G �44 G J v v E7-5 v[ y j. 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II It ti It Cf tt It 1I If It tl tl It 1t tl It 11 tk IR STRUCTURAL CRACKS 1/41N. AND PARTIAL BREAKAGE It 11 11 0 1t 11 !t it II Ii It ' It II I, II It II OCCASIONAL CORROSION STAINS 1t ti II II IL II tl 11 11 1I 11 11 11 11 11 i1 11 11 11 II I1 CORROISSION CRACKS UP TO 1/4 IN. CORROISSION CRACKS WIDERTHAN I/4 IN. AND EN OR CLOSED SPALLS liLt tt tl 11 It ti 11 It 11 11 It 11 11 11 11 It 11 ti I-'. NvI W GENERAL CRACKS UPTQ 1/16 1W li ib 11 tl it II It it 91 It tt II !t Ik It Lt tt � II ti If II CHEMICAL DIETERIORA71O1N CRACKS UPTQ 1/161'W ROUNDING OF CORNAS bot"I"11111 MULTIPLE CRACKS AND DISINTEGRATION DUETO CHEMICAL DETERIORATION STRUCTURAL CRACKS COMPLETE LOSS OF LOSS OF CONCRETE COVER W1DCRNTHAN 1/41N. CONCRETE COVE�RDUE (IXPOSEDSTEEL) OU€TO AND COMPLETE BREAKAGE TO CORROSION OF CHEMICAL DETERIORATION REINFOI RO NG STEEL Fig, 7-4, Daynage ratings f1)r rcinfmced ci)J1Cr(lf? f.'lMllentS Source: Courter;y of CH2M !-TILL, Inc. and COW/, Inc., reprodut-ed Tvith permission. CITY OF NEWPORT BEACH OCEAN 555 12th Street, Suite 1700 Oakland, CA 94607 September 13, 2021 100 Civic Center Drive Newport Beach, CA 92660 Contents 1 BACKGROUND AND SUMMARY................................................................. 2 INTRODUCTION..................................................................................... 3 INSPECTION PROCEDURE........................................................................ 3.1 Key Personnel.................................................................................. 3.2 Above water inspection - above deck ................................................... 7 3.3 Above water inspection - underdeck.................................................... 7 3.4 Underwater inspection....................................................................... 8 4 OBSERVED CONDITIONS....................................................................... 10 4.1 Above water / Above deck............................................................... 1 4.2 Above water / Under deck................................................................ 13 4.3 Underwater................................................................................... 4 5 REPAIR RECOMMENDATIONS................................................................. 28 5.1 Immediate repairs.......................................................................... 28 5.2 Priority repairs............................................................................... 28 5.3 Future Inspection/Repairs................................................................ 30 6 REFERENCES....................................................................................... 32 33 APPENDIX A - Plans.................................................................................. APPENDIX B - Inspection Data: Severe and Major Defects .............................. 34 APPENDIX C - Condition Ratings.................................................................. 58 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 1 BACKGROUND AND SUMMARY The City of Newport Beach retained COWI North America (COWI) to perform a repair level Structural Assessment Inspections of the Newport Pier', Contract C 8188-1A. The project was divided into three primary tasks: Task 1 - Data Review and Project Initiation; Task 2 - Mobilization and Demobilization; Task 3 - Perform Repair Design Inspection; Task 4 - Comprehensive Report; Task 5 - QA/QC & Project Management. The inspections were performed in compliance with ASCE MOP 130 - Waterfront Facilities Inspection and Assessment (ASCE, 2015) and ASCE Underwater Investigations, Standard Practice Manual No. 101 (ASCE, 2001). This report addresses the findings and recommendations for Newport Pier. Originally built in 1940, the pier has a length of approximately 1,013 ft. The width of the pier is typically 24 ft starting from shore with a widened area 40 ft wide at bents 26 through 28, and then 30 ft wide to bent No. 48. The pier is 80 ft wide for the final section, approximately 100 ft to Bent 53. The 80 -ft wide end section was not included in the scope of work for the in 2016 report but was added for this report. The headquarters of the Newport Beach fire department's Lifeguard division is located adjacent to the east side pier at the landside end. The pier structure consists of timber piles, cap beams, stringers, concrete decking on plywood sheets, blocking, bridging, transverse (east -west) vertical bracing, horizontal bracing under the stringers, concrete deck, and railing. Longitudinal (north -south) bracing is only located at the offshore end of the pier from bents 49 through 53. The pier underwent a rehabilitation project constructed by the John S. Meek, Company in 2002. The current concrete deck was installed at that time. Since then, the City has completed two rounds of repairs following inspections performed by American Marine Corporation in 2014 and COWI in 2016. ' Inspection of the Balboa Ocean Pier was also included in the Contract which is the subject of a separate report. 1 KIM Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Figure 1 - Newport Pier Location, 70 Newport Pier, Newport Beach, CA 92663 The Pier is currently used for sightseeing and fishing. The public has access to the entire length of the pier, but the building at the offshore end, beyond bent 49, is closed. This building most recently housed Newport Pier Grill and Sushi. The scope of this inspection included the pier through bent 53, expanding the extent from the 2016 inspection and report by including bents 48 through 53. The last condition assessment of the pier, Ocean Piers Maintenance Inspection Report, Newport Pier, 2016 (COWI, 2016) was performed by COWI from which the 2017 repair plans were developed. A previous inspection report was completed by American Marine Corporation in 2014 (American Marine, 2014), from which the 2014/2015 repair project was generated. The definitions used throughout our report are based on ASCE MOP 130 - Waterfront Facilities Inspection and Assessment (ASCE, 2015) and ASCE Underwater Investigations, Standard Practice Manual No. 101 (ASCE, 2001). Based on our findings, we determined that the observed deterioration of three piles is affecting the load-bearing capacity of localized areas of the pier and requires priority rehabilitation. As a result of these and other defects, the pier is in 2 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Fair Condition. Upon completion of the priority repairs the pier may be upgraded to a condition assessment rating of Satisfactory, pending re -assessment by a qualified engineer. The most pressing issue we observed, which should be addressed as soon as possible, is the condition of the 3 Severely damaged piles. These piles are all located beneath sections of pilecap that are continuous, so a valid load path exists, but the demand on the pile caps has increased. The 3 piles with Severe damage are located at bents 30, 51, and 52. All three of these piles are either partially missing or have section loss in excess of 90%. Additionally, Moderate damage was noted at 15 piles. Typical Moderate damage included heavy weathering, checking in excess of 1/2 inch, and gaps in the flexible marine pile wraps at the mudline or at the interface between a wrap and concrete encasement. Only one of these piles exhibited section loss, which was estimated at 10-15%. Piles with ineffective interfaces between concrete encasements and wraps and those short of the mudline, although rated Moderate, should be addressed with new wraps or sleeves to seal the interface and reduce the water exchange from the exterior of the wraps to the timber piles. Generally, the timber framing attached to and above the piles is in Fair to Satisfactory Condition. Isolated, Severe damage to transverse timber bracing was noted at 5 locations but it is generally free of significant defects and limited to Minor and Moderate. Longitudinal bracing is located only between bents 49 and 53 and contained only Minor defects to the timber. One typical defect noted along the length of the pier framing is the splice connection at the easternmost stringers. The tension capacity at these 9 stringer splices is reduced due to the deterioration or absence of the bolts and should be restored. While the splices at the westernmost stringers typically have greater corrosion on their bolts than those in the west, they also have twice as many bolts and a steel side plate giving them far greater capacity than those on the west. The 3 XM Ocean Piers Maintenance Inspection Report - Newport Pier 2021 stringer tension splices at the west exterior stringers contain bolts that are typically in poor condition. 35 connections including both east and west splices have an overall rating of Major or Severe damage and should receive new bolts. A total of 264 bolts at these splices have been rated Major or Severe. In addition to the timber and steel splice connections noted above, straps, hardware, and bolts with Major or Severe corrosion are found throughout the structure. Included in these items rated with Major or Severe defects are 59 pile to cap connection straps, 143 bolts at pilecap to pile connection straps, 222 bolts connecting the pilecaps to stringers, 67 bolts connecting transverse and longitudinal timber bracing to piles, 48 bolts connecting handrail posts to exterior stringers, and 12 bolts connecting horizontal bracing, to the bottom of the stringers. We recommend replacement of these items. With all the recommended repairs completed, we would expect the overall rating to increase to Satisfactory and the next inspection would occur in 5 years. Otherwise, the next inspection should be in 3 years.2 See the summary table of Severe and Major defects, below. z Ratings and inspection intervals per MOP 130 (ASCE, 2015). M Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Table 1- Summary of Severe and Major Deficiencies Summary of Severe & Major Items ASCE Rating Abbreviation CNB Priority Code 2020 NI x No defects Rating Primary Element Minor Count (All) Severe Pile 3 Severe Strap - cap to pile 23 Severe Brace - transverse 5 Severe Cap Bolts 217 Severe Bracing Bolts 30 Severe Strap Bolts 83 Severe Stringer Splice Bolts 218 Severe Railing Post 1 Major Strap - cap to pile 36 Major Cap Bolts 3 Major Bracing Bolts 46 Major Strap Bolts 62 Major Stringer Splice Bolts 9 Major Light Pole Base 8 Major Railing Post 11 Table 2 - ASCE Rating to City Repair Priority Table Rating ASCE Rating Abbreviation CNB Priority Code Not Inspected NI x No defects ND I 5 Minor MN 4 Moderate I MD 3 Major I Mi 2 Severe SV 1 Minor -SS SS 4 Nonexistent I -- 0 Abandoned Al 0 Replaced/Repaired RP 5 New/Added N 5 5 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 2 INTRODUCTION The purpose of this report is to describe our inspection methodology and observations, and provide repair priority recommendations. We performed the below deck, above water inspection on December 13, 16, 17, and 18, 2020 using a snooper and by foot. Below water inspection utilizing divers was performed at this pier on February 9th and 10th, 2021. The inspections were performed in compliance with ASCE's MOP 130 - Waterfront Facilities Inspection and Assessment manual (ASCE, 2015) and ASCE Underwater Investigations, Standard Practice Manual No. 101 (ASCE, 2001). For purposes of this inspection, project north is taken as the longitudinal centerline of the pier looking towards the shoreline from the offshore end of the pier. We have rated the elements following ASCE MOP 130 and Manual No. 101. Per section 2.5 of MOP 130 "A damage rating is assigned to each element inspected during an investigation. The rating reflects the condition of the individual element only and is independent of the element's structural importance and the type of inspection being conducted". The timber elements were rated based on Table 2-4 which is depicted in Fig. 2-2 of MOP 130. Similarly, the steel elements were rated based on Table 2-5, depicted in Fig. 2-3. The overall condition assessment rating and recommended actions were based on Table 2-14 and 2-16 of MOP 130. The tables are reproduced in Appendix C. City of Newport Beach Priority ratings of defects from 1 through 5 for repairs were then assigned to individual defects noted. X Ocean Piers Maintenance Inspection Report - Newport Pier 2021 3 INSPECTION PROCEDURE The COWI operational project manager was Warren Stewart, P.E., S.E. (CA). The above water inspection was led by Jim Kearney, P.E. (CA) with the assistance of field engineer Jessica Rivas. The underwater inspection was led by Jonathan Boynton, P.E. (CA), with Ben Wilk, Engineer Diver, and Mitch Miller, commercial diver. Above water inspection and underwater inspection teams were onsite at different times, but Warren Stewart was periodically on site with both teams. 3.1 Key Personnel Fong Tse, P.E., Project Manager, City of Newport Beach Tom Sandefur, Assistant City Engineer, City of Newport Beach Warren Stewart, P.E., S.E., Project Manager, COWI Jim Kearney, P.E., Above Water Lead Inspector, COWI Jessica Rivas, Above Water Inspector, COWI Jonathan Boynton, P.E. Diver, COWI Ben Wilk, Engineer Diver, COWI Mitch Miller, Commercial Diver, P.E., COWI 3.2 Above water inspection - above deck For the above water / above deck, a walkthrough of the entire deck was performed. We inspected the conditions of the deck slab, railing & bolts, utilities trench, light poles, stairways and ramps. Notes and photos were recorded. 3.3 Above water inspection - underdeck From bents 26 to 53, a snooper (Photo 1A and 1B) was used to access the underdeck to inspect the structure. The snooper equipment, which was specially configured to work on piers with lower load ratings and closer bent spacing than that of typical highway bridges, swung 90 degrees and reached out and over the side railing, down, and then under the deck. The platform was then extended to provide a working surface across the width of the pier. It was then retracted, moved, and reset along the pier approximately every other bent. The equipment VA Ocean Piers Maintenance Inspection Report - Newport Pier 2021 occupied about 13 ft (including safety barrier) of the 24 to 40 -ft wide deck. Thus, a visual and tactile inspection of all structural elements and utilities was performed for approximately 50% of the structure between these bents. A visual -only inspection was performed for the rest as visibility under the deck was sufficient such that the adjacent bents on either side could be viewed. Photo 1A and 18 - Snooper, equipment set up. We were able to inspect bents 7-26 from the beach itself. The lifeguards provided access to the workshop area beneath the pier south of Bent 7. Bents 1 and 2 were not visible from the interior. Defect conditions and anomalies were noted on paper with Major and Severe defects captured with digital photography linked to voice notes as needed. The information was later transferred to the database. 3.4 Underwater inspection The underwater investigation of the Pier was conducted on February 9th and 10th, 2021. All diving operations were performed in strict accordance with all applicable OSHA and ADCI regulations governing safe commercial diving practices. Underwater operations were conducted using commercial surface -supplied diving equipment, staged from the Pier deck. The inspection work consisted of a Level I examination of 100 percent of accessible structural pile components extending from the mudline to the tidal zone. UAW Ocean Piers Maintenance Inspection Report - Newport Pier 2021 The pile condition above the tidal zone to the bottom of the pile caps was noted by the above water inspection team. A Level II examination was conducted on a representative sampling of randomly selected structural timber piles comprising a minimum of 10 percent of the accessible structural components. Level II examinations involve the cleaning of an element's surface to detect and identify damaged or deteriorated areas that may be hidden by surface biofouling. Based upon the recorded field observations, each structural component was assigned a damage grade in accordance with the pile damage criteria ratings provided in Appendix C. Ultimately, piles were assigned the greater defect rating given by either the above water or below water inspectors. G" Ocean Piers Maintenance Inspection Report - Newport Pier 2021 4 OBSERVED CONDITIONS 4.1 Above water / Above deck In general, the above deck condition is Satisfactory, with isolated instances rated Moderate to Severe. 4.1.1 Concrete Deck A 5" concrete deck was constructed on the pier in 2002. There is Minor hairline cracking and Minor impact spalling located along the length of the pier. Photo 2 and Photo 3 compare the Minor impact spalling at bent 38.5 on the west side by the bench from 2016 and 2021. Photo 2 - Minor impact spalls at bent 38.5, 2016. No action was deemed necessary. Photo 3 - Minor impact spalls at bent 38.5, 202. No progression of spalls was noted. Still no action necessary. 4.1.2 Railing. Most of the railing has Minor to Moderate (Photo 4) damage due to weathering. A common defect in railing posts is a vertical crack between the bolt holes extending to the bottom of the post (Photo 5). This defect does not appear to have removed all capacity of the posts to resist lateral forces because of the large malleable washers, however cracks that propagate completely through a timber member have considerably compromised it and are rated Major. Weathering of the handrails/guardrails is typical, with defects rated Minor to Moderate for the horizontal railing members and up to Major for the railing posts with some bolts rated Severe. 10 i T Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 4 -- Typical railing condition. Minor to Moderate weathering, approximately bent 39-38 Photo 5 - Crack in railing post at bent 5. 1, west side. 4.1.3 Appurtenances. There are 5 concrete benches at the widened portion of the pier from Bent 26 to Bent 28. Two of these benches on the east side of the pier had spalling and exposed reinforcing in 2016 and appear to have been repaired or replaced. (See Photo 6 and Photo 6A for 2016, and Photo 6C and 6D for 2020). Timber benches are provided from Bent 28 through Bent 48. These timber benches typically show Minor to Moderate weathering. Although light poles, as utilities, are not included in the repair scope of this project, we did note the condition for the City's information. The light poles are located along both sides of the pier and the 6x6 timber poles have Minor weathering. The poles' steel connections to the pile caps had from Minor to Major corrosion. We noted 8 locations where at least one of the light pole base plates contained Major corrosion. (Photo 6C, Photo 6D, Photo 7C, and Photo 7D). Note also, on Photo 7C that there is a concerning electrical wire that should be addressed as well. 11 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 6 - Heavy spalling at concrete bench at Bent 26.5, east side of pier, 2016. Photo 6A - Moderate spalling at concrete bench at Bent 27.5, east side of pier, 2016. Photo 6C - Heavy spalling no longer present at concrete bench at Bent 26.5, east side of pier, 2020. Photo 6D - Moderate spalling at concrete bench no longer present at Bent 27.5, east side of pier, 2020 12 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 7A - Minor corrosion on light pole base connection at Bent 36, east side of pier. Photo 7B - Major corrosion on light pole base and bolts at Bent 53, east side of pier. Photo 8C - Major corrosion on light pole base connection at Bent 32, east side of pier. Note electrical wires. 4.2 Above water / Under deck Photo 9D - Major corrosion on light pole base connection at Bent 40, west side of pier. Bents 3 through 26 were inspected from the ground. Bents 26 through 53 were inspected with the snooper equipment. Although we only accessed approximately every other bent with the snooper, we were able to get a clear view of two or three bents down from any point. Bents 48 to 53 were added to the scope for this round of inspection. Bents 1 and 2 were not visible for inspection. With the exception of isolated instances, the overall condition of the timber was observed to be Fair. The hardware condition ranged from no damage to Severe damage. 13 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 4.2.1 Piles. Piles above water are generally in Fair condition. Pile 27-E has a Moderate crack at the top of the pile. (Photo 10) Piles typically have Minor to Moderate weathering and checking. Bent 51 has two piles supported by beams spanning to adjacent piles (Photo 11). This appears to be working, indicating that the piles, if in good condition, have excess vertical capacity. Two piles are Severely damaged. Piles 51-P and 52-C are missing, in whole or part, above the waterline, (Photo 12 and Photo 13) Section 4.3.1, below, provides additional inspection results and discussion about the structural timber piles, extending from the tidal zone to the mudline. Photo 10 - Moderate crack in pile at top of pile 27-E Photo 11 - Piles E and G on bent 51 supported by beams spanning between adjacent piles. Photo 12 - Severe Pile 51-P missing in tidal zone. Photo 13 - Severe Pile 52-C missing above waterline. 14 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 4.2.2 Stringers. The stringers are in Satisfactory condition overall. Interior stringers are in Satisfactory condition, overall. The bolts at the splice connections (both timber and steel splice plates) on both the easternmost and westernmost stringers range from Minor damage to Severe damage. On the eastern side of the pier, the two 6x16 stringers that abut over each cap are spliced using a 4x16 timber placed inside of the 6x16's. These stringers are typically connected by 3 bolts through each stringer into the 4x16 splice member, for a total of 6 bolts. (Photo 14 and Photo 15). Four splices on the east side are missing at least one of the 6 bolts in the connection (Photo 16 and Photo 17), with many missing several bolts. Specifically, the bolts at many connections are missing their heads and washers on the exterior (east) side, and a portion of the bolt. The washers and the nuts usually remain on the inside of the connection. These are: Bents 8, 11, 12, 15, and 42. Bent 10 has three bolts with Major or Severe corrosion on the bolts. A total of 18 bolts have been identified as missing, Major, or Severe on the east splices. Photo 14 - Bolted splice connection with damage at stringer 13 (farthest east) at Bent 43, 3 Major defect bolts visible on the exterior (at left), Photo IS - Typical bolted splice connection at stringer 13 (farthest east), view from interior. 15 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 16 - 2 missing bolts at north (right) side of joint at splice connection at stringer 13 (farthest east) at Bent 12. (looking west) Photo 17 - Bolted splice connection repaired (all bolts replaced) in previous round of repairs at Bent 22, east side. At the western splices, a steel splice plate is placed alongside on the interior of 2- 6x16 stringers that abut over the cap. These stringers are typically connected by 6 bolts through each stringer into the steel splice member (12 bolts total at the west connections). We do not know why the western splice connection seems so much more robust than the east connection. (Photo 18 and Photo 19). No missing bolts were noted at the splice connections west side of the pier but corrosion of bolts is still noted. Twenty (25) connections at the west side of the pier have Major or Severe deterioration on some bolts for a total of 240 bolts. As they are acting in shear, and there are twice as many as on the east side we believe the west splices still have as much capacity as the east splices despite the bolts being in worse condition. 16 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 18 - Bent 12 splice plate at the western stringers (stinger No. 1). Minor to Moderate surface corrosion on the plates, typical. Photo 19 - Splice bolts at Bent 31, west side of pier, looking down. 10 of 12 bolts are rated Major or Severe. Several stringers from Bents 9 to 11 have "salt bursting" on the surface (Photo 21). The section loss in these stringers is not sufficient to require any remedial action at this time. Photo 20 - Salt bursting of surface timber fibers in stringers, bent 9 to 10. No action necessary. Photo 21 - Salt bursting of surface timber fibers in stringers, bent 9 to 10. No action necessary. 4.2.3 Pile caps. The timber pile caps are rated Satisfactory. There is no significant damage to caps other than corrosion of the hardware attached to them (Photo 22 and Photo 23). There is isolated checking at the ends of caps but this has not affected their load carrying capacity as yet. IVA Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 22A - Typical pile cap, vertical bracing and stringers. Bent 15. Photo 23 - Checking in end grain of pile cap at Bent 23 4.2.4 Horizontal Cross bracing. Horizontal timber cross bracing at the bottom of the stringers from bents 17 to the offshore end of the pier provide lateral (diaphragm) stiffness to the pier deck. The concrete slab installed in 2002 also provides lateral stiffness to the deck. The overall conditions of the horizontal bracing timber is Satisfactory. There is very little damage to the timber members. Where original bolts attaching the bracing to the stringers and caps have corroded, new bolts have been installed (Newport Beach PWD, 2014). The replacement bolts generally have Minor corrosion and the replacement malleable washers have Minor to Moderate corrosion. Where original bolts with Major or Severe corrosion have been abandoned -in-place and their function replaced by new bolts, their condition is irrelevant to, and does not affect, the overall condition assessment. We noted 8 locations with Severely corroded bolts which were not replaced by new bolts at adjacent stringers. I )Owf Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 24A - Bolts in Horizontal bracing looking southwest at bent 42, Photo 25 - One Minor and 3 Severe bolts at Horizontal Bracing splice between bents 36 and 37 4.2.5 Vertical Cross bracing. Vertical diagonal bracing spans transversely between the piles from Bent 10 to the end of the pier (Photo 26 A and B and Photo 27 A and B). The overall conditions of the cross bracing timber is Fair. The Majority of the braces are observed to have Minor to Moderate weathering. Bolts connecting the vertical diagonal bracing to the piles also run the range from Minor damage to Severe corrosion. Longitudinal diagonal bracing spans between piles from bent 49 to 53. We did not note any defects above Moderate on any of the longitudinal timber bracing. Bolts at the vertical diagonal bracing were rated from Minor to Severe. 19 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 26A - Vertical diagonal bracing looking north from Bent 39 between piles B and C. Photo 27 - Vertical diagonal bracing looking southwest from at Bent 32. Photo 28A - Severe transverse vertical diagonal bracing lost top half of section at bent 38, pile E Photo 29B - Complete lack of transverse bracing from piles B through D at missing Pile C on row 52 4.2.6 Pile/Cap Connecting Hardware. The connection hardware throughout the pier runs the full range from No Damage to Severe Damage. The 2014/15 and 2017 repair projects replaced much of the hardware, but not all. Most of the straps and bolts from pile cap to piles have some rust on the surface, some cases worse than others. Four different styles of cap to pile connection have been employed, as shown in Photo 30 through Photo 33. The original style, Type 1, is an inverted u -shaped bent flat plate with 2 bolts through the pile. The second style, Type 2, is similar but made of 2 separate pieces, one L- 20 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 shaped and a flat plate welded to it, again with 2 bolts through the pile. Type 3 is simply 2-4"x4" angles, one on either side of the cap with 2 bolts through the cap and 2 bolts through the pile. Finally, Type 4 which only one example of which existed in our last inspection was rare, and was merely two pieces of plate, one on each side of the cap with 2 bolts through the cap and 2 bolts through the pile. it was replaced with a type 3 strap in the 2017 repairs. All of the strap styles appear to have been originally galvanized. Typically, the Type 3 straps are in the best condition, as would be expected as this type was used in the 2014/15 and 2017 repairs. Bolts though the pile to cap strap connections range in condition from Minor to Severe corrosion, with the Minor typically being the stainless steel or recently (2017) installed galvanized bolts. Vertical bolts connecting stringers to pile caps almost all have Severe Damage (Photo 35 and Photo 29). There are a very few new cap to stringer bolts distributed throughout the pier. Photo 30 - Type 1 pile to cap connection with a Minor photo 31 - Type 2 pile to cap connection bolt at top anda Severe Bolt at bottom in the pile at L7n. n 21 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Photo 32 - 4 Type 3 pile to cap connections at Bent 42 Photo 33 - Type 4 pile to cap connection looking southwest. Photo 34 - Typical Severe corrosion on vertical bolt from cap through stringer, wherever they occur. Bent 39 shown. Photo 35 - Typical Severe corrosion on vertical bolt from cap through stringer, wherever they occur. Looking north from 36. 22 WM- Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Bolts connecting the vertical diagonal bracing to the piles also run the range from Minor damage to Severe corrosion. Those with Minor or better damage are typically stainless steel. Vertical bolts connecting stringers to pile caps all have Severe Damage. Major and Severe bolts are documented in Appendix C. 4.2.7 Utilities. The utility lines run under the deck on both the east and west sides of the pier. There were no significant exterior visual deficiencies noted on the utility lines or in their supports during our inspection. Per our scope of work, the utilities were not tested (i.e., flow tests, electrical tests, etc.) for capacity, adequacy, or service use. COWI was asked to remove 5 of the diamond plate steel panel covers over the west utility chase from each pier during the inspection process. We did and noted no items of concern. The underling timber was uniformly in sound condition and the stainless steel screws affixing the diamond plates were almost like new. At the few locations that we noted screws were missing we replaced them during the inspection. Photo 36 - Utility Trench at bent 37 Photo 37 - Existing stainless steel screws 23 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 4.2.8 Rescue Ramp. The rescue ramp and supports on the east side of the Newport Pier between bents 48 ant 49 are free of any significant defects. Minor coating loss was noted on the railing. Photo 38 - Rescue ramp looking east Photo 39 - Rescue ramp looking south-east 4.3 Underwater 4.3.1 Piles. The structural timber piles supporting the Newport Pier are in Fair condition. There are 3 piles with Severe damage located at bents 30, 51, and 52. Two of the three piles have complete section loss for at least a porting of their height and the third, at bent 30, has section loss in excess of 90%. Excluding these individual cases of Severe deterioration, the structural timber piles typically have Minor to Moderate defects. Typical observations include failed interfaces between pile wraps and grout encapsulations, exposed timber piles at the mudline, and damaged wraps. The Severe conditions observed have caused a decrease in load bearing capacity due to the increased span of the pilecaps between the adjacent piles. However they are all located such that the pile cap above them is continuous to at least one pile on either side. This allows the loads to redistribute to adjacent members. It should be noted that for the timber pile deterioration observed, a M] Ocean Piers Maintenance Inspection Report - Newport Pier 2021 Severe rating is defined as section loss greater than or equal to 50 percent (ASCE, 2015, pp. pp. 30-31). i Photo 40 - Pile 308 Severe section loss at mudline Photo 42 - Pile 51P looking from the side. Photo 43 - Pile 51P looking up toward waterline. Photo 41 - Pile 51P with complete section loss looking down. The remaining observed conditions are Moderate, and have not resulted in significant section loss or heavy marine borer infestation. However, it should be noted that these conditions, if left unchecked, will ultimately result in section loss and potentially expensive rehabilitation repairs. At four locations, the interface between the pile wrap and the grout encapsulation has failed, and the timber pile is exposed to the marine environment (Photo 44). Per the Level III investigation results, described above, these locations have not progressed as significantly and can be rehabilitated. At two locations, the pile wrap does not extend into the 25 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 mudline, and timber pile is exposed (Photo 45). Finally, the existing pile wrap is damaged in the tidal zone at one location (Photo 46). Although these defects are designated "Minor" or "Moderate" by ASCE, which equates to a City of Newport beach Repair priority of "3," we feel the City should be particularly aware of them and their locations. Table 3 - Minor or Moderate piles due to wrap issues Newport 1" Exposed timber at CNB Pile Primary 28 C Short Wrap Moderate 2020 Newport Repair PierlD Element Material Bent Pile OefectType Rating Comment Priority Newport 1" Exposed timber at Pier Pile Timber 28 C Short Wrap Moderate mudline 3 Newport 1" Exposed timber at Pier Pile Timber 28 D Short Wrap Moderate mudline 3 Newport 24" Exposed timber Pier Pile Timber 34 E Short Wrap Moderate at mudline 3 24" EXPOSED TIMBER IN TZ AT W RAP/JACKET INTERFACE, 10-15% SL 2/11/2021 -Photos Newport of exposed timber Pier Pile Timber 37 E Short Wrap Moderate @1024 3 Newport GAP IN WRAP, MB Pier Pile Timber 40 E Gap in Wrap Moderate LIKELY, NO SL 3 LOOSE WRAP WITH Newport POTENTIAL SECTION Pier Pile Timber 43 C Loose Wrap Minor LOSS 4 Newport Pier Pile Timber 52 J Loose Wrap Minor Loose wrap 4 26 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 cn r1 ay S 1„ 01 �t �v CO p7 N Photo 44 - Pile 34E Wrap —2 feet short of mudline. s e s Photo 45 -Pile 34A Exposed timber below pile wrap at mudline. Photo 46 - Pile 48C gap between wrap and pile encapsulation. Photo 47 - Pile 37E gap in tidal zone at wrap/jacket interface. 27 -l1 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 5 REPAIR RECOMMENDATIONS The following are our recommendations for repairs, listed by priority. 5.1 Immediate repairs 1. Unlike the recommendation following our inspection in 2016, we have not identified any "immediate" repairs. The Severely damaged piles noted in this inspection are located such that there is a valid load path to piles on either side. These piles should be a priority and repaired in the first round of repairs completed by the City. Heavy equipment on the pier should be restricted. 5.2 Priority repairs 1. The recommended repair of the deficient piles is similar to as recommended for previous repairs, a structural encasement would be used. In the case of the piles at bents 51 and 52, though, the unsound portion of pile would be replaced by a pressure treated 10x10 timber post or new section of pile with a jack to preload the pile and then be abandoned in place. The new post would sit atop the jack which would be placed at the top of the remaining, sound pile below. The post would extend to the pile cap at bent 52C, and to the bottom of the remaining sound pile at 51P. The jacket would extend from a minimum of 3 feet below the top of original pile to at least 2 feet above the bottom of upper, sound pile or 2 inches below the cap as applicable. The jack, either screw type or manual hydraulic, would be loaded to ensure a positive support to the cap above. The encasement will comprise fiberglass formwork around longitudinal reinforcing steel, confined by welded wire reinforcement, which will be encased in marine grout. It should be noted that there were two piles (E and G) on bent 52 which at some point were removed and supported by timber beams spanning to adjacent piles. Though there is no apparent settling or subsidence at their locations, the redundancy of the system is greatly diminished, especially because the load from three original piles is dependent on pile 52F remaining sound. Ocean Piers Maintenance Inspection Report - Newport Pier 2021 2. Stringer splice bolts with a rating of Major or Severe should be repaired at the east (9 splice locations, 18 bolts), west (25 splice locations, 240 bolts), and north (1 splice location, 6 bolts) to retain and assure tension capacity. This is especially necessary in a pier without longitudinal bracing. Only bolts are recommended for replacement. We did not note any significant damage to the existing splice material, either timber or steel. 3. Vertical diagonal timber bracing should be replaced where it is damaged to a Major or Severe deficiency rating. There are 5 locations where this occurs on transverse bracing. 4. Vertical diagonal bracing bolts with Major or Severe corrosion (67 locations) should be replaced with stainless steel or galvanized bolts and malleable washers. 5. Major and Severe Horizontal diagonal bracing bolts that have not been replaced (9 locations) should have new galvanized lag bolts installed. 6. Pile to cap strap connection plates with Major or Severe corrosion (59 locations) should be replaced with galvanized steel angles similar to the Type 3 connection shown in photo 26. 7. Where the pile wrap to grout interface has failed (2 locations), but Severe deterioration is not present, installing an interface repair is recommended. The repair should include the removal of the pile wrap from the grout encapsulation up approximately 2 ft, to ensure that no marine borer deterioration is present. Once confirmed, the wrap will be sealed with a new gasket, and an epoxy encapsulation will be installed. The new encapsulation will extend from the existing encapsulation up approximately 3 ft, overlapping the pile wrap approximately 1 ft, and will have the same profile as the current encapsulation. 8. Where timber pile is exposed at the mudline (3 locations), installation of a bottom encapsulation is recommended. The repair includes the installation of a grout encapsulation, which will extend a minimum of 2 ft 29 KIM Ocean Piers Maintenance Inspection Report - Newport Pier 2021 below the existing mudline and will overlap the existing pile wrap a minimum of 1 ft. 9. The railing posts with Major splits (15 locations) should be repaired by installing a new galvanized 3/4" horizontal bolt with nut and malleable washers between two of the anchoring bolts, but oriented north -south. This bolt will be used to close the crack and arrest progression of the crack. 10.Moderate and Major bolts (48 locations, 97 bolts) anchoring the railing posts to the exterior stringers should be replaced with new galvanized bolts and malleable washers. 5.3 Future Inspection/Repairs The discovery of the damage to Pile 25-C at the Balboa pier after our inspection raises concerns about the remaining, wrapped piles. The presence of heavy marine growth on the fairly rigid pile wraps makes determining section loss by feel difficult. The tactile inspection performed by our divers was completed to locate and identify damage to the existing pile wraps, and lacking damage, the assumption was that the wraps were protecting the pile within. We felt that this was a reasonable approach based on the level III inspections performed during the last inspection cycle in 2016 at the Newport Pier. During that inspection a limited number of Level III inspections was conducted and piles that had not previously been identified as Severely damaged were not found to contain Major or Severe defects. The City should consider performing a limited number of Level III or other informative inspections. Some could be performed from the beach at low tide, but within the tidal zone without having to mobilize divers. The wraps could be removed, and the piles inspected visually, or less destructively, stainless steel nails could be driven through the wraps at selected piles at all four quadrants from MLLW upwards at 2 foot spacings through the tidal zone, as an example. If the nails do not encounter a solid substrate behind the wraps a more invasive inspection could 30 PfA k_"w Ocean Piers Maintenance Inspection Report - Newport Pier 2021 be conducted during the repair phase when wrap repair materials and a crew to install them could be on -hand. COWI would be happy to help the City develop a plan. We recommend monitoring all components for damage every three to five years, particularly for damage to timber framing; monitoring of piles with scour at the base/mudline and corrosion of hardware and bolts. If the above repairs are done within the suggested timeframe, the next inspection is recommended to take place five years hence. If the recommended repairs cannot be done within the proposed timeframe, an inspection in 3 years should be undertaken to determine the status of items listed above with respect to further deterioration. 31 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 6 REFERENCES AACE. (2003). Cost Estimate Classification System, Recommended Practice No. 17R-97. Morgantown, WV: AACE International. American Marine. (2014, January 3). Inspection of Newport Pier. City of Newport Beach: American Marine. ASCE. (200 1). Underwater Investigations, Standard Practice Manual No. 101. Reston, VA: American Society of Civil Engineers. ASCE. (2015). MOP 130 - Waterfront Facilities Inspection and Assessment. Reston VA: American Society of Civil Engineers. COWI. (2016). Ocean Piers Maintenance Inspection Report, Newport Pier. Newport Beach: COWI. Newport Beach PWD. (2014). Ocean Piers Maintenance, C-5539. Newport Beach: City of Newport Beach Public Works Department. 32 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 F022401DI 91 C t6 r —1 r -i r -I v v v a) v a) ai v ai Ln N to (A (A V) V) V) 0 0 0 0 J J J C C 0 0 0 0 uU u u U U a1 a) ai (n to V) 0o a U O -i N m u1 Ln L L L v v v -0 -0 E E E p �7- P L L L v v v 0 0 0 a n n. z z z m —i LO m r- Q0 rn �.D 00 -i � � Ln 41 .Q a� 4-J fu Q) +-J 0 C: V) +.J U N N L 0 fu 5- 0 c a� L N L c r -I r -I ri r -I r -I ri r -q r -i ri ri r -I ri r -I ri ri ri ri ri �i ri r -I ri r -I N N N N N N N N N N N N N N d' N N N N N N N N L1 L1 L . . . i . . . . . L . 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N N N In N VI +J +J 4J +J 4+ +J 41 +J +J ++ +J + ±+ +J +J +J +J + +J +J 4a + +J +J +J O O O O O O O O O O O O O O O O O O O O O O O O O m m m m in m m m m m m m m m m m m m an m m m m m m L L L L L L L L L L L L L L L L L L L L L L L L L ai v a� v (L) a) v a) a� a (D v a) a, aj a� m a� ar a, a) a) v m v n a a a n a a a a a a a a a H: •a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 O o 0 0 0 CL a a a a a a a a a a a a a a a a a a a a a a a a 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 av a, ai v a, v v a) ai a a, a) a a, (U a) a, W v v v a, m ai ai z z z z z z z z z z z z z z z z z z z z z z z z z Ocean Piers Maintenance Inspection Report - Newport Pier 2021 APPENDIX C - Condition Ratings Ocean Piers Maintenance Inspection Report - Newport Pier 2021 a u x LU STAINDARDS CSP PRACTICE 29 �- In .' �J L fn L: a •� L rz V U _ _771C ~r.1, _ cc f, 7 Lil :? u c�UVUw v 29 Ocean Piers Maintenance Inspection Report - Newport Pier 2021 HE WAFERFRONF FACILIFIE5 INSI'ECIION ANIS ASSESSNILNI i J z :1 L J J 14 J C " � L y L J tz X r Ir Zj r Ln J w C p ,,, J C ✓ t-. W J ^G H 'J. tx r — ^.JG s~ �� CC• ir, N ✓ C 1 C M yam. r .� � •� to . f � �" �• L� ... r • a J L n tz 8 •J `' � Q G J � _� Y �` Tj � ` � J t!; ~.. ^ .orf-�' � � �`J v •- - J� r T .:Ir •J. J .r. Ocean Piers Maintenance Inspection Report - Newport Pier 2021 MINOR STANDARDS OF PRACTICE CHECKS, SPLITS AND CHECKS, SPLITS AND GOUGES LESS -iHAN GOUGES LESS THAN 0.5 INCH WIDE 0.5 INCI•I WIDE TI ,fel1 MODERATE DIAMETER LOSS OF UP TO CHECKS AND SPLITS CROSS SECTION LOSS UP 15 PERCENT WIDER THAN 0.5 INCH TO 25 PERCENT, MAJOR LOSS OF 15 TO 30 PERCENT CHECKS AND SPLITS CROSS SECTION LOSS OF DIAMETER THROUGH CROSS SECTION 25TO50PERCENT COMPLETE BREAKAGE FULLY NON• BEARING CROSS SECTION LOSS CONDITION EXCEEDING 50 PERCENT Fig. 2-2. Condition rafin:sfor timber elements Solace: Courics1il of Cf -12M HILL, Inc. and Ben C. Ger-coick, ljw, reproduced with permission. WT Ocean Piers Maintenance Inspection Report - Newport Pier 2021 STANDAKDS OF PRACTICE Ocean Piers Maintenance Inspection Report - Newport Pier 2021 34 WATERFRONT FACILITIES INSPECTION AND ASSESSMENT rs L � a�•+ G V i w� � ✓ v; X C. C •.,;, C y Y, � G •� O G � G z v U v CU C C +•• r C G C G C y O v y rz C^ E Ln r C rd o O v r "' p ocQ.r r •� r oc i xy r y xU G ,� U O 7A f ¢ CC u O G [ X C CV3 cz u1ru T, C �� r n C �• � rte, tir V C a y V G G V G Ij � V .V r w •_ C � U T J y r C r rz E _ > .' i Ocean Piers Maintenance Inspection Report - Newport Pier 2021 STANDARDS OF I'RAC:-FIC_E LESS THAN 50 PERCENT OF LASS QF TH ICKNE55 UP TQ CIRCUMFERENCE AFFECTED BY CORROSION I S PERCENT AT ANY LOCATION q I MODERATE r I' 35 OVER 50 PERCENT OF CIRCUMFERENCE LOSS OF THICKNESS UPTO AFFECTED BY CORROSION 30 PERCENT AT ANY LOCATION i MAJOR E VISIBLE REDUCTION OF WALL LOSS OF THICKNESS TO TO 50 THICKNESS PERCENT AT ANY LOCATION. PARTIAL LOSS OF FLANGES t SEVERE k 'k k STRUCTURAL BENDS OR BLUCKING, PERFORATIONS AND LOSS OF LOOSE OR LOST CONNECTIONS THICKNESS EXEEDING 50 PERCENT AT ANY LOCAITON Fi , 2-3. Ual,rr ge for steel elemenIs Source, Courtesit of CII2A4 HILL. Irrc-, and COW1, hic , reproduced Tolth Ocean Piers Maintenance Inspection Report - Newport Pier 2021 36 WA ERFRONT FACILITIES INSPECTION AND ASSESSMENT n G � n ' G L y. .�~.• L r � cn L U U O V O •r, y vim' � � p � ' C v � u Jcnw a U ynUU 'II G G G J •r, r' O �. y n •: E c� rr G � � y CL GC G C v v C y u a v �^ i CL C rz 4 v CL !a"z c � �- LL G 0 � n Cz C G vv� • .0 C r u., r .Y .;4 � s. L `� CJ � i G `� Q., � J V ✓ w Q. rs.f 'G .v u r C J m •� G 2 r G G r Z U0uU)uV� zr tz v �c V C `L r r _ r �n Ocean Piers Maintenance Inspection Report - Newport Pier 2021 S I AiND WS OF PKAC I ICE " f c J ^ :J i J J J r,. C L � r :l - •'l� r 'J U • ..r.. y � U �, C L G L N f L C E ... r tu • _ T i CZ U 0..4 aj •v `� CC J • i 7 -14 C s J V � � y J � 1 n V �, > "� Ocean Piers Maintenance Inspection Report - Newport Pier 2021 38 MINOR MODERATE MAJOR SEVERE WATERFRONT FACILITIES INSPECTION AND ASSESSMENT rt It II It It II It It r1 It It II It It II If It II It II II ABRASION OR DENTS UP TO 1 IN, DEEP tl tl kl tl Et It it N it It I1 it Ir 11 It It II STRUCTURAL CRACKS UPTO1/16IM It _ tt it it If It 11 it It I1 TI II If 11 11 I1 II 11 II STRUCTURAL CRACKS 114IN. AND PARTIAL BREAKAGE It It 11 It 1tx tI It llj� It Ir lr I+ it 1I II 1t rI OCCA 0NAL CORROSdON STAINS It It II II !I II di It it ld II Id II II di it it If II If it ,- CCIRROSSION CRACKS UP TO 114 IN. CORROSSION CRACKS WIDER THAN 1/4 IN. AANDLLOSEPN OR CLOSED SPA ItII Id ti It It if 11 11 it It II tl it II ti It II tl GENERAL CRACKS UP TO 1/161N, It tk rr I 1t � Ik It Ik 4 dl It Ik il' It Ik II Ik tr Ir 1I 1k dr CHEMICAL DETERIORATION RODUND NGS CORNERS L II it MULTIPLE CRACKS AND DISINTEGRATION DUETO CHEANCAL DETERIORATION STRUCTURAL CRACKS COMPLETE LOSS OF LOSS OF CONCRETE COVER WIIICRNTHAN 1/4IN, CONCRENCOVER DUE (EXPOSED STEEL) DUE TO AND COMPLETE BREAKAGE TO CORROSION OF CHEMICAL DETERIORATION MINFORCING STEEL Fig. 2-4. Damage ratingsfir rErigforced cojicretf. eIE'11 enth Source: Courte5t( of CI-I?M HILL, Inc. and COW/, Inc_ reproduced with p rmlSS1011.