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Home My WebLink AboutC-3973 - Ocean Pier Repairs0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lciltini 1. Brown, MMC June 23, 2010 Mr. Andy Scheaffer AIS Construction Company 6420 Via Real, Suite 6 Carpinteria, CA 93013 Subject: Ocean Repairs (C -3973) Dear Mr. Cochran: On June 23, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 Labor & Materials Bond was released on August 7, 2009. The Surety for the contract is Westchester Fire Insurance Company and the bond number is K08172080. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK lkilani 1. Brown. MMC August 7, 2009 Mr. Andy Scheaffer AIS Construction Company 6420 Via Real, Suite 6 Carpinteria, CA 93013 Subject: Ocean Repairs (C -3973) Dear Mr. Scheaffer: On June 23, 2009, 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 35 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 July 03, 2009, Reference No. 2009000353322. The Surety for the contract is Westchester Fire Insurance Company and the bond number is K08172080. Enclosed is the Labor & Materials Payment Bond. b puTv C'm c.�RK Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us 0 ISSUED IN FIVE ORIGINAL COIN ERPARTS COUNTERPART N0. �_ OF E PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND CITY OF NEWPORT BEACH ORIGINAL PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 :• • • LABOR AND MATERIALS PAYMENT BOND ilia MMIUM!S °A•UIGArc0 Lk THE FINAL C(v:l'r!ACT Pq :CE ANC ;41:6TME1V WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to AIS Construction Company, a California corporation, hereinafter designated as the "Principal," a contract for construction of OCEAN PIER REPAIRS 08 -09, Contract No. 3973 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3973 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, Westchester Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Fifty -Nine Thousand, Four Hundred Forty -Five and 021100 ($659,445.02) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of lime, 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 dulylexecuted by the above named Principal and Surety, on the 15th day of August %/ 2008/ i AIS Construction Company (Principal) Au(ho zed ignatUfe/FUId Andy Sheaffer President Westchester Fire Insurance Company Name of Surety t ed Agent Signature 436 Walnut Stree, WA10H Philadelphia, PA 19106 �'-'Xmcelan' Address of Surety (602)906 -1528 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 • • • rof ' .v it »vii . Cd . �efG�fCaC.OM..� :. ;a • c r s.:> c State of California -- 1 County Of _R.iverside AUG 1 5 2668 On before me, Michele M. Qualls, Notary Public Data Hae Insae Name ar Taal a the otka, personally appeared Julia B. Gladdinq Narnete7 d sgrege7 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 MIC L . QUALLS he /she/they executed the same in his/herAheir authorized H COMM. #1704204 capacity(ies), and that by his/her/their signature(s) on the NOTARY PUBLIC CALIFORNLA instrument the person(s), or the entity upon behalf of RIVERSIDE COUNTY MT Cantu EA 1I. M0 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.offi I seal. Signature {_) Al ' `�/ I bo(I"i P1ero Notary Seal above Sqrtzamna at No" Patllc OPT70NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenl. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIG HINT Number of Pages: Signer's Nal ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: f /:: N.�.YG:JG. JG�.S�'!C4' /G ` �:` SG(/:% w'/.\ KG< tiG(-'/ GSV<( bKJ "J' \ ✓fn ✓KJ:'l�'•Y'C ✓4(J'J.'�G ✓CV:(V 'V':•�G�•� R7GHr THMl8PRINr OF SIGNER 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT » .:a,. »..:� .::G: >K..,>4K <,,s.:n ..<.n.ic.n...a ds ;_�M.a .�n .�.;..w n< s. ..o n..n. ,:a ..05..; „ye,,. <..n,Y.o:f.> ri....n<n.. n. ,:.w <:oe.ye ro +•...tu.> .ti State of California County of 3/ .{ L On !6: { u X before me, / s �� J�iC W(e Nemae T,IN pr personally appeared —^4 dolne '> Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual • Corporate Officer — Ttlle(s): • Partner — U Limited U General • i Attorney in Fact • Trustee lop of Irmorb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nar J Individual I I Corporate Officer — Tit e(s): I.: Partner — ❑ Limited U General ❑ Attorney in Fact * Trustee i_i Guardian or Conservator 11 Other: Signer Is Representing: R1(6rt'hUf.'OPR.w O° SIGNUll LN who proved to me on the basis of satisfactory evidence to be the person whose name,(a) is/awsubscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in hisAierAheir authorized TFIOHIAS BOUCHER capacity(iee), and that by his/her/their signaturekg) on the COMM. 91e05084 instrument the persoro or the entity upon behalf of NOTARY PUBLIC•CALIFORNIA which the person acted, executed the instrument. "� SANTA BARBARA COUNTY My Coon, Do i lopMVW 26, 200i tl r I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0— PVrce Nplery 5" Aoo.e ,gmnro M H=ty ti,tk OPTIONAL Through the intormalw below w not required by law, it may prove valuable to persons relying on Ma document and could prevent traudulent rarrtoval and rsartachment of Mis form to anoMer document. Description of Attached Document Title or Type of Document:.— / ,�� / �� ,,, ] fm `f/� U'rji 3SV �' Document Date: � ql - 'die _ _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual • Corporate Officer — Ttlle(s): • Partner — U Limited U General • i Attorney in Fact • Trustee lop of Irmorb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nar J Individual I I Corporate Officer — Tit e(s): I.: Partner — ❑ Limited U General ❑ Attorney in Fact * Trustee i_i Guardian or Conservator 11 Other: Signer Is Representing: R1(6rt'hUf.'OPR.w O° SIGNUll LN Power of � WESI'(HESTF,R FIRE INSgJ R .. MPANY 1 1267964 Attorney ISSUED IN FOUR ORIGINAL COLRJTERPARTS BOND NO. K08172080 278392 COUNTERPART NO. of Lj Knott all men by these Presents: That WESTCHE.STER FIRE INSURANCE COMPANY. n pnt}wrabon ofthe State of New York, having its principal once in the City of Atlanta. Georgia, Pursuant to tie folloWing Resohnion, adopW by the Board of Direclors oftbe said Conway on Dec6mber If. 2 W 6, to -W(A ED.Jwdefolk.%wi4anuwnre4peJCi eempao. fa d m adWf j Com�mS.otboodl.wdenM ,¢paoiaec ,000a CaPHtn!'mweC wo ,k aedmry eouru of bmibn(ab 1'W'rwm [abgitmlaCl (I) - F,IChof the CEsmun,,hePmda, lbd tbd Yia iheddbptlaf lbe Cpapayebeby ntlbvixd teab,vPpy Wmea COmmamw(fa ndeu Wdf W,he CampmY�a �'a o(��mW^Ya odmvu C -y FicbOnly appo„ad lnofuc)`o 4m ofabe Cm^NY"evbyub&Nl dtoQ lm Wdm CM ion ardoe b"rdlkC —F—y u4owhc w1he t,tml the Leib . -a-6 —b d dm oto( # "afRmY, vbdP dksd of roeC a _ � aY p Do`yel p9Nddfa iamR paloae+ittlmalpbmaomeatb mtornry•r11rt (3) - BWh of the Lbbmlg. be emddmemod 4c Vko Webd,ne d the C'omPcy d baftaabaluaL fa lad m bow of dwC9mpwy. m apper is Mib@ iy poo a4e lnabq- -fin of ds ogmemr vd,(vli powe ,m+auay aab,++e.r«wdmb"ofdw COMM, OdaAe ew ofd. C9oPor orok�ve. mch WU a..vbmmu of dm comwy. mar.w Wdfd a swk"im lew,.u� -bb v fio ^ � .. p»rbeWaurltyps a dm ofWdm Comdeeep a by dpodd4tfeo ofglta maw pWWAV wdl Co --Jo -w (4) Ruh a*A Ouft. the etndmf WVII0si'mdeme.inter.ma.u,haoo� wdiwbta. - lot adoo$ ronxu,. pa,, +nata�3e"lioeomy~orr,�fthocwrhyic ea�b,. andw b" of aK Compuy, under tbo Compasyls WI ofgd, lr. ugh WdamCa,alimlbi of 4o CemWiny aIt �pbdnN a al,tb tMnA ddaluab. Nkb leedneoseemV he by gelded type or etla of tWnnoo Oxuv moo, by Wodac&soo ufine W WoF6omhr Wont Coomd®me: . (5) The ft .r em'o fr. ..1h. 0l ft6Wba, lly Woiho Cexb,Lod Vpobodom or ddcpa pm Uau aaoia"adlaoWl oftheCuaDmY, my be dfidlh'fW®le m fcb Wri r,. (b4meweaa.rikm Rpolmmmta Jd4i0oe- - - na Na RmoLYFD, dM the fm4mxa Remhiaandtdt b dC,od b h to uNu4vs AllNml N llfl.' pD1ma xbd r®auyaf afam(l ampfPyta mtaaroa eema! m b (Lt ludm bWlof tbs Cogm)', ad frv]aelahboe 0dl nott®l,patbnMeaaaa4e ueeeealay Lea e?aadadgriry n,baact rltiByWmtlaa.srd 'FVATHW RESOLVED. " the RosoksmafSeSwd atliuPea of4?CaaplaldopdM eK RdnWt held Nwmbra.1999,g4ftplag e,derfalk,aCtwhda pmm.w aamn. lb ddaobrGanof -4s Campry. Wrmm Ca6miemY Ud(rypiGgMY rd RIlaWOal.4 betty rtca3>I _ - - Uaes hereby nominate, constitute mq.appoW KE?4hi Tel A. COATEand, JULIAN GLADAiNG both ofibe City of Riverside; State of California , each individually if � ` there be move than one wfned,'its true AM lawful atluraey,it' -Fact, to Puke, aecute, teal Pied deliver on its behalf, and &.efts net and deed any and all bonds, � undertakers. recogatralces, doAtugn add o'the'r Writings in the annuo thereof in penalties hotaucedipg- Turco Million Dollars (S1,000MO),and the execution of such TvMfts iupursuanpe of there presents shall : be as binding upon slid Cun pby, as follyand amply as if they had bean duly executed and eclmwledged by the tegahKlyebcted o4toas of' CtlnSp9nK at its principal office. - - - _ IN WITNESS WHEMP, the saW S*hee M. Hucy, Vice-President, has hera)nto SubstnUed his gbrtre and ad'ued the corporate seal of the said WE.4TCHBSI'ER Fut - wuRANcic COMPANY this ISth day of July .2008.. WEMHESTGRPJREINS11RANCZCOMPANY � .Stepliep M: ilmmy, vice PredideM COMMONWEALTH OP'>'E 4�X'Niq - - - OCAJRTY OF PNJLA9Epm A - on this 15th day aPJUIy�� D.�WB, befte a*'.Noury fur koftheC tulauweweahkofPati4yiWoUs In AM for the Cbuiy of PhflWe"iacame Stephea M. xaney vtob.Ff iar4ya.ti+�sreHig re Fake Q*VRANCE Coanr-�NYA<�uppaiiAn.nyipawn to be theinatgidael and officer Who exocutod the prxodmg i ejig he eciu vtedgad'ihat ho eaeurtea the same, Ana kjap- iaaal'af ixedto the precOing; inst:uteri! is the ... egrporabe seal of seed Cula}yarp ;dEat' fttfsaltl UapotafOTaNtTtpat his sfgnatwo wtro dilly afB16Q 6Y the nithadly and direction ofthe said cerpo trios, and that Remlatioa, adoptpd'0 Q�,EOpT'oF,t�ireRwrs dfsai¢_iTRInWR55 tcfefiaf to do lheptppgllQg WSUIR4tmlt.is tI WM, force. . IN TESntNbNY �_ ihpae hafetquoee1.A0anSabd afftxcd my omcw Sao art t�e Ciry otlPpilHielpbla the dry f!fd year f¢ri above wrinea r � 4 ' I UK; ,"a, �.El�igt�ryc $R>�YAI.1)l,F9UR•4' �htaslat ?'csnf�ribtl�d[aigmai?UR!EROF r ATTIb$MEY of*Wi*10 iced ` q enrl«mxtsvpY fa ilt�ertt E$od r._ ` C _ .1n wilnasYst � ,1�, litraptt tnamtaR .tSagx'?iaryapt_�oddBrpDtaresR� lhc� otFo{Afro4 _� Y r of Auous .,�� 1?° f ' a' v, ' J•1 t ft � r t I��I .,� r �' � M i� 3 ✓ �c-.� i 1.��,F .,.Cl ,Ir ,t ar x e C �y PowER Lur as �ra Is�Ea rbtac{f ' I r'Ra> t�s,x�o(h 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURRY FEATURES N THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, Califomia, 92663, as Owner, and AIS Construction Co., of Carpinteria, California, as Contractor, entered into a Contract on September 11, 2007. Said Contract set forth certain improvements, as follows: Ocean Pier Repairs (C -3973) Work on said Contract was completed, and was found to be acceptable on April 17. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Westchester Fire Insurance Company. licW'orks Director 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 ��✓ L'f/v "I at Newport Beach, California. M • RECD\ &PING REQUESTED BY AND 2V JUL ' VI I *ORDED RETURN TO: i Clerk GF- Newport Beach r CP tvE�h port Boulevard ewpo each, CA 92663 41 R••, ,ud /11 unp: (;aunty R,."'de. 11,1 iyildd ':)J ? 09 04aw I)!i IW9 117 i1 N12 1 11 WI .1 M q 011 a 00 0 (141 11 00 0 00 11 f1U "Exempt from recording fees pursuant to Government Code Section 27383" /I NOTICE OF COMPLETION I l NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and AIS Construction Co., of Carpinteria, California, as Contractor, entered into a Contract on September 11. 2007. Said Contract 1� 1 set forth certain improvements, as follows: Ocean Pier Repairs (C -3973) Work on said Contract was completed, and was found to be acceptable on April 17, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Westchester Fire Insurance Company. is marks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Gt Executed on �T� �, �u l at Newport Beach, California. M • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT V, ) .. Agenda Item No. 7 June 23, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 -644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: OCEAN PIER REPAIRS — COMPLETION AND ACCEPTANCE, CONTRACT NO. 3973 Recommendations: 1. Accept the completed work and Authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On September 11, 2007, the City Council authorized the award of the subject contract to AIS Construction Co. Under this contract, AIS replaced deteriorated and or missing cross bracing, stringers, cross bridging, hardware, etc; removed and replaced damaged /deteriorated portions of piles; wrapped existing piles and repaired previous pile wraps; installed fiberglass jackets, reinforcement and epoxy grout to stabilize /repair pier pilings; installed trowelable epoxy to fill voids and fix cracks in existing structural members of the pier; and performed all related work as required to complete the contract. The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: Original bid amount: $659,445.02 Actual amount of bid items constructed: $651,305.25 Total amount of ch ange orders: $25,158.88 Final contract cost: $676,464.13 • Ocean Pier Repairs - Cempletfno Acceptance of Contract No. 3973 June 23, 2009 Page 2 Change orders were approved for costs associated with miscellaneous extra work and deletions and maintenance corrections to tide zone pier wraps. The final contract cost (including change orders and credit) was 2.6% above the original bid amount. A summary of the project schedule is as follows: Estimated completion date per June '08 schedule: February 27, 2009 Project award for construction: August 12, 2008 Estimated completion date at award: February 27, 2009 Actual substantial construction completion date: April 17, 2009 While the project generally went according to the planned schedule, additional time was allowed for replacing critical timber members under the piers. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Total Project Cost In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $676,464.13 Incidentals $201.35 Total Project Cost $676,665.48 Funding Availability: Funds for the construction contract and incidentals were expended from the following accounts: Account Description Account Number Amount Tide and Submerged Lands 7231- C4801001 $ 676,665.48 Total: $ 676,665.48 • Ocean Pier Repairs - Completrd Acceptance of Contract No. 3973 June 23, 2009 Page 3 Prepared by: Stephe uy Associate Civil Engineer i 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Drown. MMC June 24, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 381" Street Tidal Structurerride Valve (C -3954) Ocean Pier Repairs (C -3973) Balboa Village Alley Replacement (C -3944) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 3,300 Newport Boulevard Post Office Box 1768 Newport Reach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11 :00 a.m. on the 23rd day of July, 2008, at which time such bids shall be opened and read for OCEAN PIER REPAIRS 08 -09 Title of Project Contract No. 3973 $528,000.00 Engineer's Estimate tent. tsaaum Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Stephen Luv, Project Manager at (949) 644 -3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................2a LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 7-ST 70 _ (rr Slzfiit- CQJMAOTORrCt.ASS /k Contractor's License No. & Classification 119E NT 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 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 (10%) of the total bid amount Dollars ($ ------------ - - - - -- j, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN PIER REPAIRS 08 -09, CONTRACT NO. 3973 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 forms) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16th _day AIS Construction Company - Name of Contractor (Principal) Westchester Fire Insurance Company Name of Surety 436 Walnut Street, WA10H Philadelphia, PA 19106 Address of Surety (602)906 -1535 Telephone Julia B. Cladding, Attorney -in -Fart Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I County of �Q pwat -4 On A•3-O_ before me, /� /CA►gS L��iDLc�Pi tiLI �tiv Dale Here amen Nam antl i me or i;piCnficar personally appeared THOMAS BOUCHER COMM. 01805084 Cly NOTARY PUBLIC - CALIFORNIA o rr BANTA BARBARA COUNTY �j My Comm, Fapns $somber 25, 2009 b who proved to me on the basis of satisfactory evidence to be the person,(s) whose name(4 islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/hs0"ir authorized capacity(ios), and that by his/herkheir signature(() on the instrument the person(g), or the entity upon behalf of which the persor&Tacted, 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. Place NO Signature lazy Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 Number of Pages: Signer's Naf ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER �.cycy y. , , Company Profile Page I of 2 Company Profile WESTCHESTER FIRE INSURANCE COMPANY 436 WALNUT STREET PHILADELPHIA, PA 19106 800 - 982 -9826 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 21121 NA1C Group #: 0626 California Company 1D #: 0235 -2 Date authorized in California: December 14, 1874 License Status: UNLIMITED - NORMAL Company Type: Property & Casualty State of Domicile: NEW YORK Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terns, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http: // interactive. web.insurance.ca.gov /webuser /idb co prof utl.get co prof?p EID =2756 09/18/2008 Company Profile SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - June 27, 2008 09:13 AM Copyright © California Department of Insurance Page 2 of 2 http.Y/ interactive. web.insurance.ca.gov /webuser /idb co prof utl.get co proVp EID =2756 09/18/2008 CALIFORNIA ALL-PURPOSE • T .i'..A ..AAL']4 3G�1vr: {£%uY.%?4(�{L @u�.TS�.3 ..:>.,.'� ..3'G4�: f' �: L�'•`{„y` >�f �L: 3. ili.. 3S. �3L.��iS.*�Lra4,y ?.C.?4.. ?S {�$� ..A ..ASS l'..3:�,. A{�AS..�3S�ia,7 State of California County of Riverside On JUL 16 2008 before me, Michele M. Qualls, Notary Public Cato Here Insert Name and nm of the Officer personally appeared Julia 8, cladding Name(s) of signers) VLI HELE M. QUALLS COMM. #1704204 NOTARY PUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Nov. 11, 7.010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hha�n�d nndd�off!! ial se%al�. /�> Place Nato seal Above Signature -/ 1 �'(/u {-�-1 -1'. 7 fl'.f.�'U'��J N slgnatu're of Notary P is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): _ • Partner —❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHupiBPRINT VOFSIGNER 0 Number of Pages: Signers Nai ❑ Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTT"UN113PRINT OF SIGNER LN 1. 'of INTSIrCRESTEk'FM INSURANCE C051PANI f i 1267929 278391 Know all Men by these ptesents: That WESTCHESTER FIRE INSURANCE COMPANY, 3carporatim orthSsiatc of New Yo*, having its principal office in the City of'Albata. GoNgN. pursuant to the following Rewtutim. aftptedby the Board ofD.imlors of Lhasaij Company un Docetnbcs 11, 2006. to 01 (4) C�l W 111i= a dft.�w mej by fw�iW wl, Wri� EuRTMU Rmsot,VED C.M.Y. UK (W. and MW a bad, 'vanl Does hereby KENNETH A. COATEaM JULIA'S. GLADDINGboth of W City of Rivcmde, ! Slate of Calufornia, each utdividlualty if there boulare than one , ftmzu,. its true and lawful anorney-lo-W, to hudice, execute, seal and a0rved on its hdaalf,�Md W-43 set and decd tmXaad,ddi hands, undcdoleings, reS%eigniTSUbos,eontacts and othet vailmgs in the rNmac thereof ibWaltics not exceeding Tam Milhoo Dollars (53,000,000) and the execution Of each wAitinga'in puissance of these prcs is shall he as bindmg upon said Company, as fitly and amply as if they had been duly executed and WkowWg;,qdb'y:the retqiazly cloctod of xcers of the Company zuits principal office, IN WITNESS WHEREOF, the said Stephen M. Kaury, Vice -Pee c& 'Ihw harc%snio subscribed bit nanoe and fixed the CoTporale seal Of the said WESTCHESTER FIRE INSUPANCE COMPANY this 15th day of July 2e68 %%qWCI&"FTER I= INSURANCE COMPA10 Sicipbee M. Ifiancy, Vice President COMMON' WEATH OF FrNNSYLVANIA On this 'l-Ithaayof July I A.D. 2009, before me, 4t Nota6 Public of the Cvannonweafth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haii6r Vice-Proidqnt of the VIFFMTCHESTER111RE INSURANCE COMPANY to we pcmrw*.6*"%obethe individual aodoffim Who cxmWcd dm'*'=edm'g ipMusnerd, and he balmawtudScd that he executed the mum and that the seed affixed:tothe rrec mg iossnvrne i. is the corporate, seal of said Company: that the said vwknac seat end his signs= were duly affixed by I!w, aidbority and 0rcclJow of the said cvqwdidn, and That ResoMiDa. adppuxlbythc Board nf Directors ot said Company, tcfarcdto, in the prec"ino ument, Avow inface. INTBSTWNY WIlEREOF,') }save bcrcmtc, set my bead WW affixed my off[cial seal attbo" of Philadelphia the day and year ft above wtiftein. MZy C41011119001% I PUM41W. ww I NOTAMSM - &JIN E ORMT, NOWY Plift OW PW lop Nota6 Public E 4. We undazo, pad Aniatim; Secatlary of WEsTCMSrkR FIRE VT46XW-ANCE COMPANY : do hereby certify Wit theor4inal POWER OF ATTORNEY, of vvYwh We roMorrig is, ntmetaLly true and coucct-copy. is in full liome and effect. In witness AimicK I have horcanto subscribed my na M' es Assisuint smroary, aid drixod the corparAc scal of The Cotportaicu; this 16th day .of July — — 2008 William L Kelly, Assistant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED YO •XECUTE ANY RON E)WIT14 AN INCEPMN DATE AFTER July45.2010. THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0 Best's Rating Center - Company Information for Westchester Fire Insurance Co. Industry Research Ratings Definitions r SOn, Ch Bests Ratings Press Releases Related Products I• Industry & Regional County Risk Structured Finance How to Gel Ruled Contact in Anti anoal lsrivell, birbr.Crerit Secueaes Adyarmed Seamh Westchester Fire Insurance Company la rvimvr M ACE INA Group) 0.M Baa1Y, 02111 NAIL /: mlil FEW. ta.11111O Address: 1325 Avenue of the Americas Phone: 215 -690 -1000 New Vork, W 10019 FaX: 215 -640 -5592 Web:..oce4ra.cam Best's Ratings Financial Strength Ratings View Definitions Rating: A+ (Superior) Affiliation Cade: a (Group) Financial Size Category XII ($1 Bnllon to $1.25 Billion) Outlook: Stable Action: Affirmed Effective Date' November 26. 2007 * Denotes Under Review Best's Ratings Page 1 of 2 Cu,.rwab Counit. r Issuer Credit Ratings View Definitions Long- Term:aa- Dullook: Stable Action: Affirmed Date: November 26, 2007 Reports and News Visit our NewsRoom for the latest new ,anppress releases for Mrs company and its A.M. Best Group. AMB, Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Rio rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 07/2112008 (represents the latest significant change). Historical Reports are available in AMB Credit Report Insurance Professional ( Unabridged) Archive, Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity and reserve analysis Data Staters: MOB Beers Statement File - PIC, US. Contains data compiled as Of 7)3112008 (Quality Cross Checked). P Single Company - five years of financial data specifically on this company. it Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. P Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite group AMB Credit Report - Business Professional - provides three years of key financial data presented with colorful charts and tables. Each rc ~ - latest Best's Ratings, Rating Rationale and an excerpt tram our Business Review commentary Data Staters: Contains data compiled as of Munn (Quality Cross Checked). Best's Key Rating Guide Presentation Report - includes Best§ Financial Strength Rating and financial data as provided in Best's Key Ra Data status: zoos Financial Data (Quality Cross Checked). r d' Financial and Analytical Products Besrs Property /Casualty Center Premium Data & Reports Besrs Key Rating Guide - P /C, US & Canada Besrs Statement File- PIC, US Best's Statement File Global Besrs Insurance Report - P /C,.US & Canada Best§ Slate Line: PIC, US Best's Insurance Expense Exhibit (LEE) ,.PIC. US B_e_tirs Schedule F (Reinsurance) - P/C, US Best's Schedule D (Municipal Bonds) - US Bears Schetlple D (Common Sloy_ks) - US Besrs Schedule D (Preferred Stocks) - US Bast's Schedule P (Loss Reserves) - PIC, US Best's Schedule D Hybrid - PIC & UH, US Best's Schedule D (Corporate Bonds) - US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Tegns of Use I Legal & Licensing http: / /www3.ambest.com/ ratings /Fu11Profile. asp ?BI= O &AMBNum= 2137 &AItSrc =... 08/01/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: Stale License Number: Name: Address: Phone: State License Number: 1s AI N ` j Bidder CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name A l S CC>. S YLUC-FtC'NJ Com e'gM4 ( FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number 7-09; _ SC-AG &F- Ac d Gf7&oJ R-E191) i Project Description SEAr w- Ac-0 sawn crLolni 4"D PimrL 2EPA, 2 Approximate Construction Dates: From /06 To: 5/61 .1G6 Agency Name Girt + SE-At- OEAC4% Contact Person KA R-t Nt \/A25 N o GH 1 Telephone (�HLO YIZ- -i-l'Z Z K-AyrAo N n V lr"S ,o 56z— o —b 3 Original Contract Amount $ Final Contraci 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. 2 + Project Name /Number ZZ9a LA Jot,uA OEWATIET"N -U— Project Description C0NS7-f2-UCT160 * t.Aav-i;� -56AU= 0EwAT15MJ)JV wIl(-L Approximate Construction Dates: From to 31 2-wfi To: t13(112oo+ Agency Name IPSO AA Contact Person ) U o I 3 Zy k 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 7-32-41 Ck1e1AWA Isl -ANO DE75a is F-ww 8nP- R -teft- 4"V wpE 2e7p6i Z Project Description G0"STR- i/W10N CIF '6 A re.cw ANO ANcltcve'b •rZ.cr'Ic- H � Approximate Construction Dates: From 3 08 To: 3/ILI /08 Agency Name_ boN6- f3y-rt(,N U11JIFIC-0 5ccOad— rdi5Wz -tc7F Contact Person PECr&rJ WILLIAMS Telephone 662) 55+-�s50 Original Contract Amount $ 3 2 )< Final Contract Amount $ 33 `I 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. tv J 91 No. 4 Project Name /Number 2233 Prr�S ifJ I� TI2 usT GoNt� wo�l� Project Description ST(MP -TLdM E- X&gynTtD� cF CoW- Ar4tp ---gb H 1s7-c#i c LANDFILL Approximate Construction Dates: From 16 10 To: It (L(o:�— Agency Name Prusi n 10 LA OD Tft-v5 1 Contact Person Glez Fc)(&V Telephone (915)SIO— G87- Original Contract Amount $ "'% Final Contract Amount $ H -\ : 1 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. Y\J No. 5 Project Name /Number 293`t SAt,ti Zf12- 1�/+R,4 M/fhJT�NAN i�2e/Jlrf�1G- Project Description KOLMPtJ Qt1eV6rt0Y Cr SAQTA W-88a A H5&zog, Approximate Construction Dates: From Nov, Z00�1-TO: tIAX- A 96 CPA(-, 3 -yrArt ck) -Gotur, C r9 Agency Name Aa- t- t.V noe—Kc - L NGtNE�sY Contact Person A • CA2vo `TR u- Telephone (243) 452-- 37.467 Original Contract Amount $ 3 " , k Final Contract Amount $ 3 M 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. Is-) o am No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 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 sufficiently comprehensive to permit an appraisal of conditions. AIS CQW5Ta- V(,-R0 -.i Q0IAPAt9Y Bidder 10 and other information ;tor's current financial A 1 S ConStruCtlon Company General EmIninnng Cnnlracler License #759390A 6420 Via Real Suite #6 V�fu Carpinteria, CA 93013 Telephone (805) 684 -4344 1 Fax (805) 566 -6534 www, aisconstruct ion. com CHRISTOPHER P KELLY 1187 COMSTOCK ROAD HOLLISTER, CA 95023 EDUCATION • Bachelor of Science — Marine Technology, Commercial Diving Certification- Santa Barbara City College QUALIFICATIONS • Scuba Instructor, EMT, NCCCO Crane Certification up to 120 Ton, MSHA Certification, Excavator. & Grader WORK HISTORY AIS Construction Company • August 2007 to Current Supervision on rockfall mitigation projects at Mariposa, CA & Pollock Pines, CA. Securing anchors, cable, and installing wire mesh on steep slopes. Supervision of Marine construction projects. Parsons Construction: 2006 to 2007 Production analysis, project survey and layout for blasting crew and operating engineers on large heavy civil project in Maui, HI. AIS Construction Compam: Late 2005 to Middle 2006 Supervision of marine pier and sea wall demo and reconstruction - Seal Beach, CA. Supervise rock fall mitigation project in Cortez, CO, Responsibilities included securing anchors and cable and install wire mesh drapery system on steep slope. Cushman Contracting Corporation: 2002 to 2005 Crew supervisor for the demolition and repair of an existing dock at Pt. Hueneme, CA. Replace 800 piles and provide hardhat diving in support of construction activities. Renovated and refurbished multiple water and wastewater treatment plants in Santa Barbara, Mammoth, and Oakhurst. Crew supervisor for the emergency repairs of Santa Barbara Stearns Wharf. Provided pile driving operations and overall wood repair following fire in 2003. Various Contractors: 1998 to 2002 Worked for various general engineering contractors operating equipment and installing underground utilities at numerous projects including Las Vegas Int'I Airport "D" Terminal, cross country gas pipeline in Utah, and pipeline construction in Alaska. Cushman Contracting Corporation: 1993 to 1996 Marine division and pier inspector. Hardhat diving, material removal with airlift, jetting and pile wrapping, survey for sand scour, pile replacement at Santa Barbara, Ventura, and Port Hueneme piers. Upgrade of Camarillo waste water treatment facility: Complete removal and rebuild of Historic Ventura Pier. American and Intemational Diving: 1990 to 1993 Oil rig and offshore maintenance. Platform removal, pipeline inspection & repair, non- destructive testing. Offshore anode replacement, pipe jetting, dam inspection, 20K water blasting, offshore accident recovery, single let platform repair. P.O. Box 239 1 Carpinteria, CA 93014 ♦ Telephone (805) 684 -4344 ♦ Fax (805) 566.0109 www, a iscon structio n. com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 NON - COLLUSION AFFIDAVIT State of California ) )SS. County of S. ^4 641& � , being first duly sworn sand says that he or she is k5P of ,'S e dUS—ly�eco* -Y the 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 notyin 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 effectuatV collusive or sham bid. I declare under penalty of perjury of the laws of the of ali rnia that the foregoing is true and correct. t� ��ri in��f tAC'C l� ZZ Bidder Auth rized iqn e i e i Subscribed and sworn to (or affirmed) before me on this 3V S day of A GYci e 2008 by hY1J V S Q/ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. THOMAS BOUCHER o ti t COMM. NSor i NOTARY PUBLIC-CALIFORNIA $% SANTA BARBARA COUNTY d My Comm. 6pirot 6epbmDeyP5, BOOB b [SEAL] :1 n f -� C y��r Notary Pu - a5_oq My Commission Expires: -Y^ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of5"IPV44 being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the alifornia that the foregoing is true and correct. AkS QnS +r��+•� ti Bidder Auth i d Sign-40YFAltle Subscribed and sworn to (or affirmed) before me on this _day of j k/y , 2008 by `„L 4#'% i11, an personally known to me or proved to me on the ba is of satisfactory erode ce to be the person(s) who appeared before me. THOMAS BOUCHER I g NOTARY PUBLIC-CALIFORNIA teiA Er OW K BARBARA COUNTY O My COMM [SEAL] f Sep- 11 My Commission Expires: S -ZS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 DESIGNATION OF SURETIES Bidders i ► STL . 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): P;Ot- JOIN( Ao-et -X- INLA00 SQaEry I otI�X At fD lwsup -A�jce sEmyiGES i L4311 LAT+IAMIlS�E, —�5;� Z-01 d (ZA\XasIIF CA gZSDi nC4:r- N� s - 786`$S6I A &Fr. -' JUU4 Lr,�ONA" . QSL 19 Pore Btn P2oNO, PtFa- -6a- MAQC.0 96r-10, Afro P1tyNlFkn- (-�(JNO lNsuaAt�t= rN�nAt LrAra��rry GAWuLfZ XL SP IALri A�' KdBll -C cAa- (LIo12: SAFFco INSUR -ANt' WoR- I-Nt6w,S COMPF=NSA i 100 INSUK., R-C- Chit (LI( A I& 3 it Go a-A afCX A(Y NrT \i-OrL A1,L TtiP -r e- i yncS 1-01 -mAty i- w1I414?fL CA &uv,- N* v ti - P -Lu- -, o 60x 9 f3a2> \)EQTVrt -A Gk g30oZ� Pk 610$ 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name ASS Got.�TnU5z-(or`1 CANtPAMV 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. 13 . Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Z -35- 92 -3o j7 Total dollar Amount of �i +O °D-22oDD,a�p 4t'T'Tft �/ �OOg000 J,000, 000 07 ZD�O Contracts (in (Si �p9, pDB p�� 1l�`00r0o0 Thousands of $ No. of fatalities ry, Y� No. of lost Workday Cases u No. of lost workday cases involving / permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 . Legal Business Name of Bidder A IS C,ONgTg-vc-TICN CbMpAWy Business Address: GL2a alA a.LAL, . 'So rqF 6 A-ARPINTi`a4A," g30 i3 Business Tel. No.: egos) 654 -43HLI State Contractor's License No. and Classification: 750r3g0 csr- Nr1zAL cbwTxAL�LAS" A- Title 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 thkde roeards. Signature of bidder Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. -6A Swl4AZ 'T Swcv'O 646oe me Ai dati! W /%6W*3 &,t a r ici076V) P«S 11 e th Q 5 rY\ 14 7• Ly' -cu'j THOMAS BOUCHER COMM. "1805064 NOTMY PUBLIGCALIFORHIA � P SANTA BARBARA COUNTY � O EE brr@ 1001 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 ACKNOWLEDGEMENT OF ADDENDA Bidders name AIS Gotssi (wci IoN C-o"PAw The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 OCEAN PIER REPAIRS 08 -09 CONTRACT NO 3973 DATE: 2I — CS BY: TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. 205 -1.5 Pile Wrap Add to this section 'Pile wrap shall be installed to a minimum depth of 3 -feet below the existing mud line." Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my P %posal. Bidder's Name (Please Print) c:\documents and setGngslbrianwllocal setfings \temporary internet files\contentoutlook\2tpdeupz \addendum no 1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 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: Ar5 C064 A0y Business Address: 6LAZ.0 VIA RZAt,F 5u irE 6 CArc-vIWV A) CA q-30 17 Telephone and Fax Number: (4,• (905)684-4344 California State Contractor's License No. and Class:---t-5q 6 t}, G -&-NeK -AIL CONMACZ0r2- IG1-ASS 11 - (REQUIRED AT TIME OF AWARD) Original Date Issued: o 'as Jlcl9ci Expiration Date: cst -.ye /woq List the name and title /position of the person(s) who inspected for your firm the site of the wogk proposed in these contract documents: r-31c� —1 5 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 ANby SV10r -FEr i P2C 119E-0-11 642- 0049eAL�5ueit6,CA"1WrE?L-tA,CA g3013 &:�-6P'V- L/3NLf Corporation organized under the laws of the State of CALF FOJthI i q 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: AIS CONST2Vt -T-ioi GOM11PfltJy 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; / 1/ Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. 0 Have you ever failed to complete a project? If so, explain. 0 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 compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / V Are any claims or actions unresolved or outstanding? Yes / h� 17 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. Ats cowl- LUc -Dow L-0MNtH Bidder AUoV SHEAFFIF(L (Print name of Owner or President of Com6ra0m/0omr)anv) Title Date Subscribed and swom Ito (or affirmed) before me on this _d day of J ��tl _,2008 by �%&& AJ 6L*& , personally known to me or proved to me on the basis of satisfactory evidence to be the personkF4 who appeared before me. THOMAS BOUCHER N p COMM. !1605004 NOTARY PUBLIC- CALIFORNIA 'a N ° SANTA BARBARA COUNTY tl My Comm. Expires September 25, 2009 y [SEAL] 18 My Commission Expires: -c) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 THIS AGREEMENT, entered into this L day of 4G , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and AIM onstruction Company, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEAN PIER REPAIRS 08 -09 The work necessary for the completion of this contract consists of replacing deteriorated and or missing cross bracing, stringers, cross bridging, hardware, etc; and wrapping existing piles and repairing previous pile wraps; and installing fiberglass jackets, reinforcement and epoxy grout to stabilize /repair pier pilings; and installing trowelable epoxy to fill voids and fix cracks in existing structural members of the pier; and performing all related work as required to complete the contract work in accordance with the drawings and specifications. Contract No. 3973 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3973, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Six Hundred Fifty -Nine Thousand, Four Hundred Forty-Five and 021100 ($659,445.02). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: AIS Construction Company 6420 Via Real, Suite 6 Carpinteria, CA 93013 805- 684 -4344 805 - 566 -6534 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence' form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 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. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF WWPOR EAC H A Muni Corpor do By: Mayor APP R VED AS TO FORM: AIS RO C. HARP Assistant City Attorney Titlf Print Name: ANkN SNE-AFW(t- Please note: Corporations must complete and sign both places above even if each office is held by the same individual. 25 ISSUED IN FOUR ORITINAL COIfNTERPARTS COUNTERPART N0. J OF �__ CITY OF NEWPORT BEACH ORIGINAL PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 BOND NO. K08172080 FAITHFUL PERFORMANCE BOND I+E PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND 'C SUBJECT To ADJUSTMENT The premium charges on this Bond is $ 9,892.00 being at the rate of $ 15.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to AIS Construction Company, a California corporation, hereinafter designated as the "Principal ", a contract for construction of OCEAN PIER REPAIRS 08 -09, Contract No. 3973 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3973 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Westchester Fire Insurance 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 Six Hundred Fifty -Nine Thousand, Four Hundred Forty -Five and 021100 ($659,445.02) 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. 9.1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been du^ly_ �a ecuted by the Principal and Surety above named, on the 75th day of August• 1 y AIS Construction Company ( Principal) CAuthori?gd Signature7)1!e n0y anea President Westchester Fire Insurance Company Name of Surety 436 Walnut Street, WAtOH Philadelphia, PA 19106 Address of Surety (602)906 -1528 Telephone Agent Signature B. Gladding, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL-PURPOSE K O.: 1 -.�>� .vat <aLV\. adis�i,.s. ��v�vt��s��s�s�aSea3�Gv wd. ,.c:,y"s�i!aY..ww .ate. _'AS�ro,3� c._. ay✓> � '�L..c'r �a a4.:?v.a State of California 1 County Ofd ivsrei a J} On before me, Michels M. Qualls, Notary Public Date Here Insert Name and Title of the Officer personally appeared Julia B. Gladding Name(s) of Signer(s) M! LE M. QUALLS n(@ COMM. #1704204 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm Expires Nov. 11, 2010 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/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ,�myy��hand and official seal.. Signature�Lp r'r "L Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r Number of Pages: Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT ' - OFSIGNER" - >C�+:✓G✓�.v 'oCL.G : "✓. SC ✓.4' ✓C� 4[�4�aw.4�gC�� -arq - ✓� 44',A ✓:(� 'a ✓4�✓ s4V "�nyC \^/' :<�✓ -d' �4v� �4L.<V<V�.� .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State County of ( California 4 }�aA.- Coun On before me, , / /J(Syr✓,ts 1�,c�LAC 4i lsZc zo 1A Date aAs n Nai��IIO V the Officer personally appeared ......... .......... ' r who proved to me on the basis of satisfactory evidence to be the person(,,;) whose name is/are subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/Aer4Wr authorized capacity(ies), and that by his/horkheir signature(p)-an the instrument the person(a), or the entity upon behalf of which the person"cted, 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 cial seal. Place Notary Seal Above Signature gWure of Notary Pu lk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �T�p��z,/a„c o / �jy�.l ( Lil!� Ub 11l Document Date: I?-/ Q — Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer—Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUNiBPRINT OF SIGNER Signer's Net ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT CF SIGNER WESTCHESfERFIRE INSURANCE COMP, N?. (26"7963 iiorney I�s78392 ISSUED.sAN FOUR ORIGINAL C RPARTS BOND NO. K08172080:" COUNTfRPART N0. J— OF `" Know all ifjen by these prtsents: Tod WESTCHESIER FIRE INSURANCE COMPANY. acoMolation of the State of New York , having its Principal office in the City of<Atlanta , Georgia, p rswunt to the following Resolurim "ad by dhc Board of Directors of thosaid Company on December 11, 2006; to; . wit: aFSOi.v{D, ros het rell�.mg two„noom...emwa.�.Me. roe ma oo bm,tdds e�m.m. ofb.d. �tataut♦. +va•»r�e> emars eil.otkr wi4±m;goma,smit ddK c..talr faeaed mm hie wAotry eor o/ imiaarv(evche'wriem Lm.oltwmfr . 0r r,.a dda t2ram,IhdAmidmtecd to Vme prrdnadWe C.", usbacty MA iudie teau,rt^Y W"r G�_wlmetl fa.od w bhird ttwo pany'Pia. vial o(i l ww. oi.oNawiSC':,. (Zt r:rs dareexa�med tad'CGYim -fBm Of dfe COmpOyseeetty ovilardme[RN CY w,leme'Aa�eft101 be OY,.a. ddRr.Ol�11. �t�et.y...9fv,y�(Amie�Yq O�ff4, J.mdK rxlCW (�8I 90Ct1 awe a"",_ •tr hps paaofpowem pem+dm(ac.eot pmr.r eimgtgtrmmirmeL aruvt nHtn ....., . U; t�addtd Wiulm ®iih.,w'amtevdaeVice quip.Y dtM. so ww o a. Caspww Aor. such Wic,coC �rtoy.aoOwpara ooa betp- oiaovnomw�4tefthe red yrity ro,dame, far. mdov heheDd W. Cmy.or; Iota Ye seY of me CsCpte. or Otti+vw, meT w'riam (lrwo dne C4aDaY a oat! b25pecifidLm r! rmm gpomnlieol., ,.:. eafcl'diiov ^ mtr'e..q gaeidi type �'C(45s of'a!riae'nC�tmeeu ai b•q.eimcYivadme ainee Ganda wri(�Camm,iveYr :. .. .. ..,% (e) Cxtafike C4ivi®�fde Presiam5md;'i1z&eidvtb darGprr�utaey rrttoeiled.N.rdw td�ll'dS.CwrwO',mdHepr a.+w.rb.ry oiler offiec SE;4t CoiuimaY tLe.onteityc aeew fet: aodw tiehafoftt €Cpmpevy, goder l6,o Cgmpivyaad aodr.bq ad, Wrab Cww�ahmb of hie Cnepos >raequAad is rt s>re.r�sm..awa rpaJlaeov iv.y Mlryrema nye err ttr of i_., wriam Sfammiltamk or by tpxifeatioa of orearbax p.emW w,im Ceeoa�ee� .. ni ineae, dmetokollarot «tea�o«carmw.+w. <ma;ar��.e. sea. ddev+ r. rtatwaaa. rwamaa.. ferdac <.�.xwrx.ta.aderra.auedwrew (.valorem ycwq uppaiotmmtw del".. tlatT }IEit aF(O�LV fo DtLat+bk.8om6 RSS�ato ^ebllem4e�sdYb n.4iw t��a/.�(IAs Po"'at adt ab elol/yr iieYta ad oeba Prowa�fa ed oo WI!ofW ComPvvYr a??; IYCE IIgNIIfiOY stal aMLmll Oe UtCh�']fiF'8tlem IEe tiflYee Of all NtU P ?t.M aetl,ehD oJante raa�r D�ea M V Wa tutifir<' ai6i:I iAD aaroadofos, of the e.mwr•doruda it. seretaewtsoa s. 19" pawa at• dr yareeuio soecerpi8pmossso for "dotlyeb� {of ere C-p'm any. Waam ualipml;?vd apfdw t an. . Dora Hereby noni;uate. Gtntttute.and eppoiat KENNLTH A. COATE andJULIA B, GLADDBNG both of the City of Rivmwk, Stab; ofCalifotaia, each`injIMqually if thereIbe:morertAan one.r amcde Its true and lawfbl attomey- io-fact; to make. exec We, seal and deliver em its be ltalf, and as its apt wit deed ahiy and All bonds, unilertakmgs, ebogniaanocs, coutrar& amt other writings in the astute thereof in penahhos lhnI eltceemhg Throe Million Doliats (53.000,000) and ttd' execution of such wriiings in pursuance of these presents sball be as binding upon said Company, as fully and atnftly as if they had b= duty execuled:and ackoWlailgolltyrhe heg+hlarly elected officers of the Company at its principal office .. _ .'Id4 WI%E$S WHERBOF, Fie sad Stephen M. Ilway , viec- President; has hereewo aubechised his name Isola iixed the corporate seal of Ilse slid WIMCHE$fER FIRE INSURANCE COMPANY tb;s 15th day of July 20D8. .. ., WPSfCHI&MR FIRE INSURANCE COMPANY Suphen M. Haney, Vice Pmidem wurY.r,•Y Ur,rnte�AUt4lXftIA A �Oti this FSth day of July ; A. D. 2008 , belbre me, a Notary Public of the Commorrwealth of Pennsylvania in and for the County of Philadelphia came Stephealvl..Hany YViw- President of the WBSTCHESTER FIRE fNSURANCE COMPANY to we ptmirelly lurown;to bathe individual and officer who &0 Cyted jff .jlipCeQhdg insvumem and be acktwiilpdged that he executed the same ;sad tbal the seat affhxeiil hi the precede j: instrument is the corpodste;5eal:of said Cdrr awy; tut the said oorporate seal and his sigestute were duly affael by the ahrlierily..A. rtil liteption of the said wrporation, and that Resolution; adopt d by.t he Board of Directim of said Company, toferrel to m the pecediag iAStrhrmerhl, is now ;n lroiva IN TESTIMONY WHEREOF,1 have lreresuhto set my band w4 affixed Rty'offic;ai seat at the City of Philadelphia the day and year first above written Kc t P Y e "'" t70?ARDILIBM '�w1 E 8RAP16l, P11ele t 3t$' � wF� l ►�Y �t. Qd� M iws Wpwftw 2E, ]A10 Notary Public I. the undmigoed Asswarn Secretary of WESTCHESTER FIRE INSURANCE COMPANY , do hereby Certify Out Ike mgind POWER OF ATTORNEY• oot,which the foregoing is It wbstantiaby true and coneet copy°, is in tall force and e8'ecl. , III wit a whereof. 1 have herea to sulswrNW my mane as Asnsumt Seerota l , and af[xedthc corporate val of the Corporation, (bit 15th day of August ' 2008 - T� William L. Kcny, . Assistzrtr Skretmy . THIS POWER OF ATTORNEY MAY NOT BE U—SED TO EXECUTE ANY BOND WITH AN OJCE•P7110N DATE AFTER Auly 15, 2010. 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION, 0 ISSUED IN FIVE ORIGINAL COUNTERPARTS COUNTERPART NO. I OF _t PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND CITY OF NEWPORT BEACH ORIGINAL PUBLIC WORKS DEPARTMENT OCEAN PIER REPAIRS 08 -09 Contract No. 3973 :• ••• LABOR AND MATERIALS PAYMENT BOND THE PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND IS SUBJECT TO ADJUSTMENT WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to AIS Construction Company, a California corporation, hereinafter designated as the "Principal," a contract for construction of OCEAN PIER REPAIRS 08 -09, Contract No. 3973 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3973 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, Westchester Fire Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Fifty -Nine Thousand, Four Hundred Forty -Five and 021100 ($659,445.02) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the 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 du /executed by the above named Principal and Surety, on the 15th day of August �-20)8.,f AIS Construction Company (Principal) Westchester Fire Insurance Company Name of Surety 436 Walnut Stree, WA10H Philadelphia, PA 19106 Address of Surety (602)906 -1528 Telephone Agent Signature Andy Sheaffer President NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . .mac.- �saS.vc..s>_a- ass�.e:�. .s�S.aSeauasav�.a,..�,�,. State of California } County of Riverside li AUG .15 20 On before me, Michele M. quaffs, Notary Public Date Here Insert Name and TO e of the Officer personally appeared Julia B. Gladding Name(s) of Signer(s) 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 MICHELE M. MALLS I he /she /they executed the same in his/herftheir authorized y COMM. #1704204 a capacity(ies), and that by his/her/their signature(s) on the NOTARYPUBLIC - CALIFORNIA instrument the person(s), or the entity upon behalf of RIVERSIDE COUNTY MY Comm. Expires Nm. tt, 2010 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 hand seal. tmyyh /a�nd/(Jo�fftiCnia1 Signature f! ttA Place Notary Seel Above of Notary Public OPTIONAL Though the information below is not required by taw, it may pro ve valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tale or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'Signer's Name: ❑ Individual • Corporate Officer— Title(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU' PRINT OFSIGNFJi-- - ecxccyr�e< -,ayc`<,cc�+cye-ac.:�c:s• -.rcy c�zc�e� ers:�. - -. -^:0' 'y�,cur�edc c_rr. '.• �c:�cc�e:UC•<.,ueie.-- _jecr�a✓c 10 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of — 3a" alb^�'� On9-O� before me, //IAYV✓bst rC �uJ`�C Bate °h9ie wo" Name and Title o e Om r personally appeared ftyj d4ne4- ) tb / Nama(s) of Signor(s) who proved to me on the basis of satisfactory evidence to be the person whose namgW is/awtubscribed to the within instrument and acknowledged to me that he/she Bey executed the same in hisAieMheir authorized THOMAS BOUCHER capacity(ies), and that by his/her /their signature($) on the comm. sisosoa4 instrument the person(e)', or the entity upon behalf of < NOTARY PUBLIC - CALIFORNIA which the persor%4 acted, executed the instrument. SANTA BARBARA COUNTY O NyComm,F�plrw8rpirrhrrP6,2007� 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. Place Nolary Seal Above Signature �/ �� ,gnalure of Notary PUNIc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document j t� - _ ig Title or Type of Document: If "al� d / d 11 e� P9"S YI"1X/" 3-"^j i Document Date: 9 —/C- uj� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer—Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTl HUNIBPRINT OF SIGNER 0 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUPABPRINT OF SIGNER dG'v '✓ .5'C �" `+�' 's/G'v 'yGlv�i'.v `n `+v5 `+'�G'+/'✓ +/G'�G'm`� "✓G'Y 'J !/GC✓iL, '✓ Of WESTCMTER FIRE INSURANCE COMPANY otT . 278392 COUNTERPART IN FOUR OR CINAL. CO TERPARTS COUNTERPART IIO. OF BOND NO. K08172080 Know all men by then prownts: natwESFC@RSIER FIRE INSURANCE COMPANY , A eorporation ofthc $talc of Naw Yott, having its principal office is the City of Atlanta . Georgia, pursuant io the following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006.10 wit; 'Rti$GL�Lro; er me mllesw8�euaanmma .hae a 4e eaariea. a><se m ErJndl d d,e L'aapkv. d- Etod.. ,adarsmp.lac7;smrcw, <.euw'n rd edv .mtm wa�.mwa Oi d,c CompAY arb roan Nc ora..T ewer d W.ilfissjm"cE i "Wimr Caroiari,. (I3 �.dpm GTlrmu.tbc_tTSgdmtipd am viw pmyab ddu iaarq mLndYY a.EOrix.d tpnapro rat Wtlaea Caterer forrahpf of tEC CompmY ..saar4dhho.nmMYU . aEn...e b) L.eE eW3.ppoard.rtormy�l fam of Um Camrry a.mNy rdr.aodbe..or try Wri.a Cara.rfw and r taeaf of e,e OmPmr.. die Chi ed Of the CJ lw *a..ft IU tie b,W mm ACE , .eaoE a wMalwe q ebe pwn of poxc8'peliM fbr emtdl pv..r vtar.praa.ea a lard aMrnfaet (3) t..m orme,e8ra.s. As hasidmt"'ote Vice Readraa of ac Cenprr is bsdir .ae rdon U.MU dta. Cwprf. m atw.e to a.sar ry ymAL Lae lu -WYIWe of A. COaary Mdi(ull powm Md..aseY b Memo, far andp.beWr.rIM C.Wrr. wall urd of*000.yrY a olEevia, sZ Wear C.arimae offlo CoPreM a ba'yafigi in ra wrb.r Npoaw .Nrapetidwfv m.Y bey ge.faai hype m tl p. of Wrnr Cadmrr a by wKwaliae ofoat a more "Mcwe wdar Cum,r.r in F".fb eeN A; �merrsIIamdmwvleeweda ..ao.cols.refwr .ml..dms�.uarseea.r>ai.naW�. ill+ mrArraa.aff�dtaecamPrrroews.wAe; nit .d m Er.l(areae Compaxy, am. d.. eampmyx.ml. aMrx ar wda. fano.svaraa Cr,Frr. r q�Atata a rs. +.� ddgr.p, aNOa wrteroa m.Y be y gmeY type o7 elrr or Wham f:amalmrin.oi by.Pedatrir afara pR[ pracdr'wdar Caa�ra - (sr SEe vp.ma of my ofKcmer otl.a a� taraua rr M'rir fom.rr a wtYaar.e a defep.r Pa +mty.araaeoa. Ad tE..rt d db eaapry. N' e<.Inxed EY brodar Wrier FLWT AJWLVLD, dta de foregoeag ltmhrraluLas Mde.mW b Wwaelere.Ylrr.fft o— od.saadyofcfpM ee*a uedothm p.ra1ie mfa rdr arl7of the Cmipay.W rue xwhalo. 0.71' eat I,hfdl m.aawt.lrti Ae e. n.ae of rr..aa pow a rr&) ur.r "ally y..a.x..ar FIRTHS&RESOLVED. thin aie Rao.a„e dd,t Lord of airman Ofae C ®,., be! Mild Ote maang held opNwerl'0.11M ranWa btEe aud,ori:aum or mtr.womu Meow.RO ei mbeLYfof weC.samy Wrinm['ommirmemsmd ggaivrautd6lpumMbbxtM 7ldrd. .. ,y -:. - .. Does hereby notninatc,'constitute and aplwim KYNNFTR A: COATEand JULIA R. GLA DDING,botb of the City of Riverside „$t2le of California , eaM individually if therei be oce than one nmtad, its trul and lawful artonhey •m•fst, to make, "mute, seal and deliver on its behalf, mil assts aqC and deed my and all bonds, undeetsk_utgs, r2Ci7g0,itane$S ,FpptracTS and other writings m the future thereof it peodtim not axceedipg Three Million Dollars ($3,00,004).and the ezecution,of such writings in p"uesuarim of these prescro; shall be as binding upon said Company. as fully and amply, as :ififioy, bW been duly executed and ackoiirledged by ahe regularly eltctod officers; of the Company N its principal office , . "LN W frNESS WHEREOF, *e sad Stephco -0I. Haley. Vim- Psrydent, leas hemmto suhsaibed his npn l and affixed the wfporate sal of the said WESTCHESYER FIRE INSURANCE COMPANY this 1516 day of July, 2006. qVt, WFSTCHESTER FIRE INSURANCE COMPANY y.. — '' Suphen M. Haney : Vice President COMM60er6LTH OF PENNSYLVANJA COUNTY OF'PHILADELPHLea as '.Cln this 15th day, of July A:D. 2008 , tlerore mc:a Notary Public of the Cona oowalth afPausylvema in and for the Counry of Philadelphm came Steplteo M. Haney;;;.yiue- Presd&;t Pf the WIM17CIMSTER FIRE tNSURANC6 COMPANY to out personally known to be the individpal and officer who. anc;dted thc.ppeceding haaoattheot, and be achsewladCed that be executed the same, and that the Milli am�ed to the prmoding ioatrument is the, corporate sal 4q said Company. that the saidcoryotate Mal and his signature wm duly affixed by the autedii y and duccuon Of the said corporation, and that Rewititio adoptM by the Board of Directors of sand Company,. referred to An the preceding insWmenf- is tow iR farce. FN TESTIMONY WHEREOF. I have beteumo set my hand and aftiieed pay ofl'heial soul as the City of Philadelphia the day Mad year firw above written. 1 I ? �nlNm Notary Public I. the undamped Assistant Soctetary of WESTCHF.SnIt FIRE IN9URANCE COMPANY, do hereby certify that the original POWER OF A ITORNEY, of which the foregoing is a substantially hue and correct copy. Is in tub form and cfbct. U iyitdess whtteof, 14ave heceereto,sehDscrtbW rqv name as Ass Gant Secretory, hod atilxed tlaC wrporate "of the Corpaauon, this' 15th- day -f August r ea if William L. Kelly. Assistant Secretary THIS POWER OF ATTORNEY MAY NOT,BE USED f0 EXECUrii ANY BOND Wrm AN INCEPTION DATE AFTER July t S, 2010 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE /2 0 PRODUCER (805) 585 -6100 FAX (805) 585 -6200 TWIW Insurance Services, LLC - Lic #OE52073 Tolman & Wiker Ins - #0357216 196 S. Fir St., P.O. Box 1388 Ventura, CA 93002 -1388 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U PON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# wsURED A I 5 Construction Company 6420 Via Real Suite 6 Carpinteria, CA 93013 INSURIERA: Netherlands Insurance 24171 INSURERS. United Financial Casualty 11770 INSURER Colony National Insurance 34118 INSURER D' NSURIER E EACH OCCURRENCE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT. D'L TYPEOFINSURANCE POLICY NUMBER WOW POLICY EXPIRATION LIMTf3 Newport Beach, CA 92663 AUTHORIZED REPRESEWATIVE GENERAL LIABILITY Kip Keller JW EACH OCCURRENCE S COMWRCIAL GENERAL LIABILITY DAMAGE 10 RENTED PREMISES ( $ CLAIMS MADE 7000UR MED EXP(Arty one person) q PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMWOP AGG $ POLICY PMO_ LOC AUTOMOBILE LIABILITY MY AUTO BA81269S1 03/12/2008 03/12/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000, X BODILY IN,AIRY (Per person) $ A ALL OWNED ALTOS SCHEDULED AllTOS HIP�D AUTOS NObLOWNED ALTOS X BODILY (Par accldwj dardl $ X PROPERTY DAMAGE IPerwc I%nq $ GARAGE LIABILITY ALTO ONLY - EA ACCID&IT g OTHER EA ACC S ANY AUTO $ AUTO ONLY. AGG EXCESSAIMBRELLALVIBILITY AR6460052B 03/12/2008 03/12/2009 EACH OCCURRENCE $ 5,000 7 X OCCUR CLAIMS MADE EXCESS AUTOMOBILE AGGREGATE s 5.000.000 C LIABILITY ONLY $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TY WTA IN OTF+ LIM O EMPLOYERS' LIABILITY EL EACH ACCIDENT $ .ANY PROPRIETORIPARTNEREXECUTIVE E L DISEASE - EA EMPLOYEE S CFFICEPUMEMBER EXCLUDED' If yes, descnbe Wder SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT S BISCHEDULED MOBILE LIABILITY - AUTOS ONLY 05679494 -1 03/12/2008 03/12/2009 $1,000,000 COMBINED SINGLE LIMIT DESORPTION OF OPERATIONS I LOCATIONS [VEHICLES [EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS E: Ocean Pier Repairs, Contract #3973 Auto Liab: Certificate holder and its officers, agents, fficials, employees & volunteers are named as additional insured per attached form GECA7010107 on he Netherlands policy & form 11980104 on the United Financial Casualty policy. Latter to be issued by "nsurance carrier. TEN DAYS FOR NON- PAYMENT OF PREMIUM. ACORDZS(2001lo6) djw djw djw VACORD CORPORATION 1986 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 00000M !NIL Public Works Department 30° DAYS wR[rEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, Attn: Stephen J. Luy 3300 Newport Blvd. Newport Beach, CA 92663 AUTHORIZED REPRESEWATIVE Kip Keller JW ACORDZS(2001lo6) djw djw djw VACORD CORPORATION 1986 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2007!08) COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization, or (2) To "bodily injury° or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteeror employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if (1) You are obligated to add that person, organization, trustee, estate or govern mental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or written agreement; or (b) an expressed condition of a written permit issued io you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after. (a) You executed the "insured contract" orwhtten agreement; or (b) the permit has been issued to you. GECA 701(01/07) Includes copyrighted mrtrrfel orinsursuce Services Offices, Inc with its permfsrlon Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to fumish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. 6I=Ri,*I: III 0d:l - 1C9-tRX7-1�,Uel41*1•1714:L•Tc3� & COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of. (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like Idnd and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto ". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto ". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases my be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto ". GECA 701(01 /07) Includes copyrighted miterial oflnsmance SWAM OMM, Inc. wnA Ite pe'm1MM Paget or If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long -term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes, overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges, and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss' and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto ", or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's "operating system, or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturerfor installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECn 701 (otion hKiadea copyrighted m terhd of In u mce SwAces 0111m, Inc. xlth Us pamisdoo Page 3 of 4 SECTION N. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to S. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation I we cancel for any other reason. GECA 703 (Olin Whidu copyrlghttd m t rtst oftnsuran" Services ornm Inc. with Its permission Page 4 of 4 ACOR . CERTIFICATE OF LIABILITY INSURANCE DATE z 8 PRODUCER (805) 585 -6100 FAX (805) 585 -6200 TWIW Insurance Services, LLC - Lic #OE52073 Tolman & Wi ker Insurance 196 S. Fir St., P.O. Box 1388 Ventura, CA 93002 -1388 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED A I S Construction Calpany 6420 Via Real Suite 6 Carpinteria, CA 93013 INSIIRERA Navigators Specialty Ins. Co. 36056 INSURERS Nat'l Union Fire Ins Co of PA 19445 INSURER C. INSURER D: GENERAL LIABILRY INSURER E 03/12/2008 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LM UL NRR TypE OF IN POLICYNUMBER POUCYEFFECTNE POUCYEXPIRATON 03/12/2009 LIMTT9 EACH OCCURRENCE $ 1,000,00 GENERAL LIABILRY SFOBCGLO1109100 03/12/2008 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 501000 CLAIMS MADE M OCCUR MED EXP IAny one person) $ 5,000 A PERSOWL & ADV INJURY $ 1,000,00C GENEAALAGGREGATE $ 2,000,00 GENT AGGREGATE LIMITAPPLIES PER PRODUCTS - COMP /OP AGG S 1,000,00 POLICY M'. RRUo- F-ILOC AUTOMOBILE LIABILITY MY AUTO COMBINED SINGLE LIMIT (Ea ealtlerrt) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per pe,sm) $ HIREDALITOS NON -OWNED AUTOS BODILY INJURY (Per scciaerX) $ PROPERTY DAMAGE (Per wciO rt) $ GARAGE LWBILRY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ ANY AUTO $ IXCESSNMSRELLAUABILffY SFOSEXC457049NC 03/12/2008 03/12/2009 EACH OCCURRENCE $ 6,000,00 X OCCLW F7 CLAIMS MADE AGGREGATE $ 6,000,00( A $ X DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND CALIFORNIA) VIC2952805 0110112008 01 /01/2009 X lA'o srATU- on+ B EMPLOYERS' LIABILITY ANY PROPRIETORPARTNEWEXECUTIVE OFFICERrIEMBER EXCLUDED? (0 It SPECIAL PROVISIONS bom (USL&H) WC2952804 HER STATES) WC2952806 01/01/2008 01/01/2008 01/01/2009 01/01/2009 E.L. EACH ACCIDENT $ 1,000,00 EL DISEASE - EA EMPLOYEE $ 1,000,00 E L DISEASE - POLICY LIMIT $ 1, 000, OO OTHER DESCRIPTION OF OPERATIONS) LOCATINSIVENICLES IEXCLUSIOHS ADDED 4Y ENO0RSEMEN7JSPECIAL PROVMON$ E: Ocean Pier Repairs, Contract #3973 Gen) Liab: Certificate holder and its officers, agents, Officials, employees & volunteers are named as additional insured per attached form ANFES160506. $50,000 Deductible applies per occurrence for any Earth Movement claims and a $10,000 deductible per ccurrence applies for all other claims. Work Comp: A waiver of subrogation is issued under policy ff 2952804. Endorsement to be issued by carrier. *TEN DAYS FOR NON - PAYMENT OF PREMIUM. City of Newport Beach Public Works Department Attn: Stephen J. Luy 3300 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCR BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSU[NG INSURER WILL VABL=y1ft MAIL 30° DAYS W WITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIF REPRESENTATIVE ACORD25(2001 108) CIJW CIJW SACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Policy: SFO8CGL01109100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.\ BLANKET ADDITIONAL INSURED ENDC (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1186 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work' done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF -ES 160 (5/2006) • , . �V 941 WAIVER OF OUR {SIGHT T0-RECOVER FROM OTHERS kWVOFtNAIENT— CAUFORNIA This endorsement changes the policy to which it is attached effective on ft. inception date of the policy Unless a difte. m date is indicated batow, he fallowing ` R ng 'atachinq clause' need Da comylated only when this is ieeuCG ' • -Ein' endar89l11ertt su6aeque[n m pnaperatlon of tna pelloA JJ.•A This endorsement, effective 12:01 AM 08/18/2008 forms a part ',of Policy No. WC 295 -28 -04 i.; Issued to A 15 COIISTRUCT I ON' COMPANY By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH; .pk. % .•`,, Premium 250 V ,... irk omi • e We hay* the right to recovgeour payments from anyone liable for an i overed by this policy. We WE not "toe our right against Ilia person or organization Hamad in the Schedule. (Fhls $ ant applos only to the extent that'you perform work undirr a wrW+'cynritr act that requires you m obtain this ag(trrent•Ham us). YAu must maintain payroll recor,gs accurately segragating the remuneretigLof your employees while engaged In the. wgrk described in the Schedule. "" The additional pnunium for 4hw— ensibrseiinent shall be 5.0 °tie:oAstl?e1, ualijornfa workers' companaatt0n pre{ri4m otherwise due on such remure'ration. : ?• r..:�. ,..:• Schedule Person or Oroanij�ation Job Description CITY or NEWPORT BEACH P" s. $250 M(NIMVM PUBLIC WORKS ]EPT_ ? ATTN. STEPHEN N J. LUY PREMUM•OR DEVELDPED 5$ OF t.'.'. PREMIUM;:" 3300 NEWPORT 3LVD SUBJECT TO AUDIT NEWPORT BEACH, CA 92663, RE: OCEAN PIER REPAIRS. 'CONTRACT ¢ 3973 5!`i' r :i gig• y, W. ti •PI;•i� rnJ'_ r y.. ;Yr . •. , ' " -fir WC 04 03 OB Coumoraigned by (Ed. 04/84) DR Autharized Represei 4t)v6 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 08/28/08 Dept. /Contact Received From: Shauna Oyler Date Completed: 8/28/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: AIS Construction Company GENERAL LIABILITY A. INSURANCE COMPANY: Navigators Specialty Insurance Company B. AM BEST RATING (A: VII or greater): AX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M Each Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ❑. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Netherlands Insurance B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000.000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: National Union Fire Insurance Company of PA B. AM BEST RATING (A: VII or greater): A +XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? es El No HAVE ALL ABOVE REQUIREMENTS BEEN MET? E] Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Waiver of Subr io e' sued b carrier to California Business Search C.G11iff "14 411�ra USiltllL� -SS l ill c l �ecrctar� of tc DEER�.T3OWENT DISCLAIMER: The information displayed here is current as of JUL 25, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation AIS CONSTRUCTION COMPANY Number: C2027649 Date Filed: 2/2611998 Status: active Jurisdiction: California Address 6420 VIA REAL #6 CAPRINTERIA, CA 93013 Agent for Service of Process CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC - LAWYERS INCORPORATING SERVICE 2730 GATEWAY OAKS DR STE 100 SACRAMENTO, CA 95833 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= C2027649 &pri... 08/01/2008 Check A License: Contractor's License Detail Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility cearcf Department of Consumer Affairs V Contractors State Li��se'�oard 00w, of f �.,,� � IlIIIIIIII:IlII 111HI T 111111 11lI11111 M Illili'fi1111I I Eta I.M . , RA illlil {filfilti) IIIIIIIIII111 KKMGHIMJ � ff111111HIMPIFD CSLB Newsroom information taken from the Board and Committee DISCLAIMER: A license status check provides CSLB license database. Before relying on this information, you should be awa Meetings Disaster Information the following limitations. Center • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link c Frequently Asked to obtain complaint and /or legal action information. Questions • Per BRP 7071.17, only construction related civil judgments reported to the CSLB are dis. Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto It Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 759390 Extract Date: 08/01/24 • Check Application Status Business A I S CONSTRUCTION COMPANY • Search for a Surety Bond Information: 6420 VIA REAL STE 5/6 Insurance Company CARPINTERIA, CA 93013 • Search for a Workers' Business Phone Number: (805) 684 -4344 Compensation Company Entity: Corporation . How to Participate Issue Date: 02/23/1999 Expire Date: 02/28/2009 License Status: This license is current and active. All information below should b, reviewed. Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 14652413 in the amoi $12,500 with the bonding company WESTERN SURETY COMPANY. Effective Date: 01101/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ANDREW IAN SHEAFFER certified that he/she owns 10 percent or more of voting stockfequity of the corporation. A bond of qualifying individual is not required. Effective Date: 02123/1999 http: / /www2.csib.ca.gov /General - Information /interactive - tools /check -a- license /Li... 08/01/2008 Check A License: Contractor's License Detail Page 2 of 2 Workers' This license has workers compensation insurance with the Compensation: NATIONAL UNION FIRE IN5URANCE.COMPANY OF PITTSBURC PA Policy Number: WC2952805 Effective Date: 0110112008 Expire Date: 01/01/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2.cslb.ca.gov /General - !nformation /interactive -tools +check- a- licen�te!Li... 08 /C•1 11200 b CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN PIER REPAIRS 08 -09 CONTRACT NO. 3973 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3973 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Moblilzation Sev@ �y Tti.vsand F;vc "6" " r,acv�l7 Sawn Dollars and Scuca� v Cents $ 70� S' ?7. 5- Per Lunip Sum 2. Lump Sum Newport Pier Repairs + + [1 1 �1t� }I�nies�For4.�, Swop ihW� Tw. Ffjnin.d a.�I {%(� 4wJ Dollars and I (n I,1 4 0A�L- Cents $ `13 7rZ!2, 3 j Per Lu p Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Balboa Pier Repairs �+a It"Aartl Thavt.mJ d•Ilers Fear(.«J..J @ Dollars MA ter and !`eyr�e fUrn.t Cents $ 2agfy9q•y? Per Lump Sum 4. Lump Sum As Built Plans 11 twe'SkeuS�.n1 iinrwc. lwwirW a,,.J Twcl�rc, @ Dollars and G� r 17-o v Cents $ Per Lump um 5. Lump Sum Balboa and Newport Pier Inspections E;.5k} Kvvkht J Cd —Dollars and Tr-<.e- Cents $ 10095-3.6 3 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS \ lnomlr) =0 �-_yz /O 8 Dat r Cents JP(1, 805 68K y3NN; F4x'. 5-65--566 553y Bidder's Telephone and Fax Numbers �s nC) , GENL-' "(. cc. +jP.-? U701 I C LASS f1 Bidder's License No(s). and Classification(s) $ ^ oZ TOTAL PRICE IN FIGURES Within seven calendar days after bids are opened, the contractor shall submit to the Engineer a "Schedule of Values" for the two Lump Sum Repairs items in the proposal. The Engineer will use said Schedule to calculate monthly progress payments during the term of construction and to pay for units of extra work. 1nenrT- 4+30) ? 1 1 1 1 2 2 2 2 2 2 3 3 3 3 i? k�' 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN PIER REPAIRS 08 -09 CONTRACT NO. 3973 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -12 BACKGROUND INFORMATION 2 -12.1 Previous Investigations 2 -12.2 Beach Topography 2 -12.3 Oceanographical Conditions SECTION 3 CHANGES IN WORK 33 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 3 3 3 3 i? k�' 4 4 4 4 4 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -3 LIABILITY INSURANCE 5 7 -3.1 Additional Insurance Requirements 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.1 Cleanup and Dust Control 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -9 PROTECTION AND RESTOPRATION OF EXISTING IMPROVEMENTS 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 205 PILES 11 205 -1 Timber Piles 11 205 -1.4 Pile Protection 11 205 -1.5 Pile Wrap 11 SECTION 206 MISCELLANEOUS METAL ITEMS 11 206 -1 Structural Steel, Rivets, Bolts, Pins and Anchor Bolts 11 206 -1.1 Requirements 11 206 -1.1.1 General 11 206 -1.5 Stainless Steel Components 12 SECTION 210 PAINT AND PROTECTIVE COATINGS 12 210-3 Galvanizing 12 210 -3.1 General 12 210 -3.5 Repair of Damaged Zinc Coating 12 PART 3--- CONSTRUCTION METHODS SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION 12 305 -2 Timber Structures and Timber Construction 12 305 -2.1 General 12 305 -2.2 Materials 12 305 -2.3 Workmanship 13 305 -2.7 Submittals 13 305 -2.8 Execution 13 ATTACHMENTS SCHEDULE OF VALUE FOR NEWPORT PIER (SAMPLE) SCHEDULE OF VALUE FOR BALBOA PIER (SAMPLE) APPENDIX FOX INDUSTRIES PIER REPAIR BROCHURE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN PIER REPAIRS 08 -09 CONTRACT NO. 3973 INTRODUCTION SP 1 OF 14 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- 5169S); (3) the City's (2004 Edition), including Supplements; and (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of replacing deteriorated and or missing cross bracing, stringers, cross bridging, hardware, etc; and wrapping existing piles and repairing previous pile wraps; and installing fiberglass jackets, reinforcement and epoxy grout to stabilize /repair pier pilings; and installing trowelable epoxy to fill voids and fix cracks in existing structural members of the pier; and performing all related work as required to complete the contract work in accordance with the drawings and specifications." 2 -12 BACKGROUND INFORMATION 2 -12.1 Previous Investigations. Pier inspection reports have been prepared in previous years by various contractors. The most recent inspection was an underwater pile inspection above water superstructure inspection and has been summarized in a report; the inspection was performed by John S. Meek Company, Inc. in March 2007. SP2OF14 Copies of these reports are available for inspection at the offices of the Public Works Department upon request. Copies of these reports are available for purchase from the office of the Engineer upon request for a cash payment of $50.00 for each inspection report. 2 -12.2 Beach Topography The Contractor is advised that beach sand at the project site is constantly shifting and may exhibit seasonal changes in overall dry beach width and depth offshore. Beach elevations and offshore profiles shown in the Plans were last surveyed in 1999 and spot soundings were last recorded in June 2001. Work is planned for fall and winter months when reductions in beach width and elevation can occur. The Contractors superintendent shall be well- experienced in working under these conditions 2 -12.3 Oceanographical Conditions The Contractor is advised that the project site is located within a coastal zone that experiences variable changes in wind, waves, water level, current and weather. The Contractor is further advised that the project site is located within a coastal zone that may experience higher wave heights due to offshore wave refraction and shoaling effects. The work may be exposed to fall and winter storm wave attack. Portions of the work specified herein may require that the Contractor schedule his activities during times of most favorable tides. Lowest tides generally occur during the winter months when storm probability and high tides are highest. Low tides do not always occur during daylight hours. The Contractor shall satisfy himself as to the hazards, risks and work conditions likely to arise from weather variations and/or tidal variations and is advised to subscribe to a marine weather and wave forecast service and consult tide tables published by the National Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted tide elevations due to wind, storms, atmospheric conditions, and other effects. The bidder to whom this contract is awarded agrees by execution of the contract that the Contractor neither has nor shall have any claim, demand, action or cause of action against the City of Newport Beach, or any officer or employee thereof, on account of or in respect to any actual Oceanographical conditions that are in variance with predicted events. SECTION 3--- CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 33.2.3 Markup. Replace this section with, SP 3 OF 14 "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractors 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. The Engineer reserves the right to inspect the fabrication at any time during the work to assure that the materials and workmanship are in accordance with the Specification. The Engineer's inspection of the work shall not relieve the Contractor from responsibility for work errors or faults which are discovered during fabrication. Such work errors and faults shall be corrected by the Contractor at his sole expense. SP 4 OF 14 SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add to this section: "Lighting, utility services, trash collection, etc., shall be continuously provided to the piers and restaurants and not disrupted by the Contractor's activities. If the existing utilities interfere with construction, the Contractor shall submit drawings to the Engineer for approval showing methods, materials and sequences of operation for maintaining utility services. The cost of any temporary relocation of utilities will be at the Contractor's expense. Notching of pier timbers for utility lines will not be permitted unless authorized by the Engineer." SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a construction schedule has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty consecutive working days after the date on the Notice to Proceed. The Contractor shall not start work until September 15, 2008. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half SP5OF14 day), December 25"' (Christmas), and December 315t (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. A request for working during any of these 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 $125.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the disruption time to pier restaurant owners and to the public as a result of construction operations." SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. 7-3.1 Additional Insurance Requirements. In addition to the insurance requirements specified in Section 7 -3 of the Special Provisions, the Contractor shall also maintain statutory coverage to protect him from claims related to and be in compliance with the provisions of the Longshoremen's and Harbor Workers' Compensation Act. 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water and sewer facilities as required. The Contractor shall SP6OF14 give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 7:00 a.m. to 11:00 a.m. or an eight -hour shut down between the hours of 11:00 p.m. to 7:00 a.m. will be allowed. Water supply to the pier fire suppression system shall be maintained at all times. The times and dates of any utility to be shut down must be approved by the Engineer and the City of Newport Beach Utilities and Fire Departments." 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control. Add to this section, "The Contractor shall be solely responsible for containing and collecting construction debris and dust such that no construction debris, dust, wash down or cleanup sweeping shall reach the ocean." 7-8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during operations, containing mud, silt, or other deleterious material due to the construction of this project shall be contained and prevented by the Contractor from migrating into the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at hftp://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter a catch basin or the ocean. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Providing measures to capture or vacuum -up water contaminated with construction debris. f. Accumulated debris, dust, washdown and cleanup inside the containment system shall be removed each working day and stored in leak proof containers. The containers shall be handled such that no spillage will occur. The Contractor shall SP7OF14 be solely responsible for disposing the contents of the containers at an approved disposal facility and for performing tests that may be required by the facility. g. The Contractor shall prepare and submit a written plan for containment and collection of debris, dust, washdown and cleanup to the Engineer for approval at least two weeks prior to commencing work. If the approved measures taken are inadequate to provide for containment and collection of debris, dust, washdown and cleanup, the Contractor will cease work until a modified plan is submitted to and approved by the Engineer. The Engineer will not be liable to the Contractor for the rejection or approval of any or all submitted or revised debris, dust, washdown and cleanup plans, nor for delays to the work due to the Contractor's failure to submit acceptable plans. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the piers 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 14.36.030A23 of the City's Municipal Code. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section "In General all vehicle loads shall not exceed 2.5 tons. Vehicles used on the piers shall not exceed a gross weight of 10,000 pounds, nor shall an axle load exceed 8,000 pounds unless the vehicle /equipment is driven over timber mats or other means of distributing equipment loads in a uniform manner. The Contractor shall place 4' x 8' plywood sheets adjacent to the work area to eliminate staining and spillage of materials on the existing improvements and newly constructed concrete deck. The Contractor shall submit to the Engineer for prior approval a written plan, with substantiating calculations, for distributing equipment loads over the pier. Any damage done by the Contractor to the existing structures (rails, utilities, etc.) or concrete deck shall be repaired at the Contractor's sole expense. In addition, the Contractor will only be allowed to operate or park equipment on the piers which will be used that day. The contractor is cautioned to be especially careful in any welding and cutting operations to avoid fire in timber structures. The Contractor shall furnish and maintain all safety devices and extinguishers. A fire watch shall be established whenever welding or acetylene torches and other flame cutting devices are used. The fire watch personnel shall have a dry chemical extinguisher ready for use. The Contractor shall at all times keep the adjoining waters free from debris, scrap and misplaced materials resulting from his operations. All vessels of any description shall be removed from the site upon completion of each day's work. The Contractor shall protect the newly placed concrete pier deck in place and will replace any damaged portions of the concrete pier deck at no cost to the City. SP 8 OF 14 In addition the Contractor shall also protect any donatedlplaqued benches and the landscaping and irrigation at the base of both piers." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide pedestrian and vehicular access upon the piers in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. The piers are used by fisherman and pedestrians, for lifeguard activities, and for vehicular deliveries to restaurants located at the end of the piers. The Contractor shall maintain continuous access for such use." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may not be stored on City parking lots, sidewalk areas, beaches, piers, etc., except as permitted by the Engineer. The Engineer will designate the locations and lengths of time where the Contractor may store equipment and materials." 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. 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 -10.3 Street Closures, Detours and Barricades. Add to this section "At the pre - construction meeting, the Contractor shall submit plans for closing, detouring and barricading piers or other work areas to the Engineer for approval. A separate plan shall be submitted for each pier or other work area and for each stage of proposed construction. The plans shall include the following: 1. Locations of work areas and traffic controls, barricades, warning and guidance devices, temporary restrictions, etc., around those work areas; 2. Locations of nearby areas where work will be performed by others; 3. Widths of walkways, driveways, access ways to restaurants, etc.; and 4. Other details that may be necessary to assure that fishermen, pedestrians, and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience. Fishing areas shall be accessible at all times except within the Contractor's work area. The piers may not be closed at any time. SP 9 OF 14 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As-Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 10 OF 14 9-3.1 General. Revise paragraph two to read: "The lump sum prices bid for each Rem of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, bidding, preconstruction meeting, bringing equipment and material onsite, and all other related work as required by the Contract Documents. Item No. 2 Newport Pier Repairs: Work under this item shall include all removals, construction, repairs, and all other work items as required to complete the work in place. Item No. 3 Balboa Pier Repairs: Work under this item shall include all removals, construction, repairs, and all other work items as required to complete the work in place. Item No. 4 As -Built Plans: The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. Item No. 5 Balboa and Newport Pier Inspections: Work under this item shall include providing a written pier inspection report for the Balboa and Newport Pier focusing on the condition of piles, pile wraps, bracing, caps, stringers, attaching hardware and any observed defect. The report for each pier shall contain a report summary, pile inspection record, structure inspection record, photographs and recommendations for repair. A sample report will supplied upon request. The above payment items shall be used as the sole basis for measurement of work completed in accordance with the Plans and these Special Provisions. Progress payments shall be made on the basis of the quantities furnished and installation completed times the corresponding unit prices for each payment item in the payment schedules. The Contractor is responsible for a complete project and for performing all work shown on the Plans and as described in these Special Provisions." SP 11 OF 14 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 205 - -- PILES 205 -1 TIMBER PILES 205 -1.4 Pile Protection. The Contractor shall clean and prepare timbers piles for the use of Fox Industries FX -70 Pile Protection System. The contractor shall then: (1) Install #4 Grade 60 reinforcing steel, conforming to ASTM A -615, along those areas of the pile where reinforcement prior to installation of the permanent outer jackettepoxy filler is required, (2) Install a permanent outer jacket and (3) place Hydro- Ester, Pumpable Epoxy Grout per Fox Industries written Instructions. The Contractor shall also use Fox Industries Trowelable Epoxy Grout FX -763 to fill cracks and splits in piles and other structural members. 205 -1.5 Pile Wrap. Inner pile wrap shall be 20 mil Polyethylene containing no reprocessed resin. Outer wrap shall be Seashield Series 160 HDPE as manufactured by DENSO North America or 150 mil extra high molecular weight polyethylene extruded cylinder shaped sheets as manufactured by Tunnel Manufacturing, San Francisco CA. SECTION 206 - -- MISCELLANEOUS METAL ITEMS 206 -1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS AND ANCHOR BOLTS 206 -1.1 Requirements. 206 -1.1.1 General. Add to this section "All items of hardware such as steel plates, shapes, shim plates, bolts, chain guides, threaded rods, lag screws, nuts, washers, screws, nails, spikes, timber connectors and fasteners shall be furnished and installed as required, unless otherwise noted on the plans. Structural steel shall be ASTM A -36, bolts shall be A -307, pile shall be A -501 or A -53 and nails shall be common wire nails, unless noted otherwise. Bolts, nuts and washers shall be hot -dip galvanized in accordance with ASTM A -153. Nuts and bolts shall be threaded before galvanizing. Malleable iron washers shall be used wherever bolt heads or nuts bear upon wood or plastic. Malleable iron washers shall conform to ASTM A -47. Nuts shall conform to ASTM A -563. All work shall be galvanized after fabrication and furnished and installed as required." SP 12 OF 14 206 -1.5 Stainless Steel Components. All items to be constructed of stainless steel shall be attached with stainless steel nuts, bolts and washers. In addition any welds of stainless steel shall be made using stainless steel welding rods and procedures. SECTION 210 - -- PAINT AND PROTECTIVE COATINGS 210-3 GALVANIZING 210 -3.1 General. Add to this section "All fabricated metal items, plate, angle, brackets, clips, bolts, nuts, washers, and miscellaneous hardware except stainless steel items shall be hot -dip galvanized in conformance with Section 210 -3 unless noted otherwise on the Plans. All galvanizing shall be done after fabrication." 210 -3.5 Repair of Damaged Zinc Coating. Add to this section "All damaged galvanizing shall be treated in accordance with this section of the Standard Specifications. Hardware shall be galvanized after cutting, forming, bending, welding or after being damaged." SECTION 305 - -- PILE DRIVING AND TIMBER CONSTRUCTION 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 305 -2.1 General. Add to this section "Timber construction consists of furnishing supervision, labor, materials, transportation, equipment and incidentals necessary for reinstalling, and replacing missing or damaged stringers, cross bracing, and cross bridging; drilling holes; fabricating metal items for connection of associated timber work to existing and new stringers, cross bracing, cross bridging; and miscellaneous timber work as may be directed by the Engineer. Bolts, anchors, straps and similar items which are not specifically called for under this Specification, but which are needed for the installation of various parts of the work, shall be provided and installed by the Contractor. Contractor shall re -attach and re- secure all loose cross bridging with hot dipped 40 penny nails to match existing. All cross bracing, completely split in two, shall be replaced." 305 -2.2 Materials. Add to this section " Unless noted otherwise on the Plans, all new and replacement timber and lumber material for stringers, cross bridging, cross bracing, blocking, and framing shall be rough size Pacific Coast Douglas Fir, Number 1 or better and shall conform to Sections 204 -1.1.2 and 204- 1.3.1. All timber and lumber shall be pressure treated with chemonite (ACZA) per AWPA Standard 135-97 to a minimum net retention of 0.60 pounds per cubic foot by assay per AWPA Standards C2 -97 and C18 -95 inspected in accordance with Section A of AWPA M2 -97. For all hardware, unless otherwise noted on the plans: A. Bolt replacements shall be 1" diameter with nuts and lock washers unless otherwise indicated. SP 13 OF 14 B. Structural plate and shapes shall conform to Section 206 - 1.1.1. C. All wood screws shall be Type 316 stainless steel in conformance with ASTM A- 276. D. Stainless steel hardware and fasteners shall be Type 316 in conformance with ASTM A- 276." 305 -2.3 Workmanship. Add to this section "Any existing materials or members not shown to be removed or replaced that are damaged during the construction shall be replaced with new materials to match the existing. Lumber shall be connected and fastened as indicted on the plans. Members to be bolted shall be predrilled no more than 1/8 -inch larger than the bolt diameter. Splices shall be staggered. There is to be a minimum of field drilling and cutting of lumber as it exposes untreated wood. Handling and care of pressure treated wood shall conform to the requirements of the Standard Instructions for the Care of Pressure Treated Wood (AWPA M-4). All necessary cuts, bolt holes, etc., in piling or lumber, existing or new, shall be swabbed thoroughly with two coats of copper napthanate. Contractor shall remove laitance, grease, oil, rust, and other bond inhibiting materials from cracks, splits and crevices in the pier's structural elements by wire brush, sand blasting or water jet prior to epoxy application.' 305 -2.7 Submittals. The Contractor shall: A. Supply Certificates of materials compliance for all timber and lumber. B. Notify the Engineer one week prior to treatment of timber and lumber so that plant inspection may be arranged. C. Furnish the Engineer, one week prior to doing any timber work, with certificates of wood preservative treatment for approval. The written certifications and plant inspection analysis reports shall conform to the requirements of Section A of AWPA M2 -97. Any timber delivered to the job site that does not meet the minimum requirements of net retention and/ or penetration of preservative shall be rejected by the Engineer. Rejected material shall be immediately hauled away by the Contractor at his own expense. 305 -2.8 Execution. A. Pre -drill pilot holes with a bit 1/16 inch less diameter than the diameter of the nail for all nails larger than 16d. Nail without splitting wood. B. Drill straight and true from one side only. SP 14 OF 14 C. Do not bear bolt threads on wood, but use malleable iron washers under head and nut where both bear on wood, and use malleable iron washers under all nuts. D. For stinger, pile cap, pile, and other treated wood members which have ends cut off or holes drilled, the cut surface or the hole shall be thoroughly cleaned and treated per AW PA M4 -96. E. Pour bolt holes full of preservative prior to installing bolts. F : \Users\PBW\SharedlContracts \FY 08- 09\00ean Pier Repairs and Inspection 07 -08 C- 3973 \SPECS C- 3973.doc APPENDIX FOX INDUSTRIES PIER REPAIR BROCHURE IHIRT CORSOSION -FREE SY�IEMS F /� 70 Structural Restem 001 aid Nor boos hill" '�PILESwPIERS&MARINE ST FOX INDUSTRIES, INCORPORATED • 3100 FALLS CLIFF ROAD • Ffffflflff'WWW7� m PROTECTION OREAKTHRO Protection of marine structures at the waterline and below was an engineering problem that has now been solved. On some struc- tures a layer of concrete protects steel H -piles or reinforcing bars. On other structures, a layer of steel protects a concrete core. Should concrete protect steel-... or should steel protect concrete? Neither has been entirely satisfactory. Both steel and concrete are attacked at the waterline. Wood piles are often left unprotected and vulnerable to marine borers. With the escalating cost of replacement, waterline protection is both economic and worthwhile. A technological breakthru has been needed for a long time. Now it is here ... and proven in protective systems in ser- vice. THE FX -l0® Severe structural damage at the waterline has been discov- ered in concrete, steel, and wood piles all over the world. Until now replacement was the only real alternative. With the FX -700 Inert Corrosion -Free System, it is both possible and.practfcal to restore the structural integrity of any pile. Furthermore, this complete structural restoration can be accomplished without costly de- watering and without interrupting use of the structure. The basic FX -70® concept utilizes a permanent high strength reinforced hydro -ester outer surface for protection against salt water, corrosive pollutants, cycles of wetting and drying, cycles of freezing and thawing, and deteriora- tion by electrolysis. A group of products, starting with the FX -700 jacket as shown on pages 14 and 15, are used in various combina- tions to economically meet a wide range of job conditions. On page.5 there are detailed descriptions of each product. FX -10® PROTECTIVE OUTER This inert corrosion -free surface is available as round or square interlocking jackets, flat sheets, seamless shells, or custom shapes. Wall thicknesses range from 1/8" to 1/2" depending on application. HIGH BOND TO CONCRETE, STEEL, WOOD The two - component FX -70® Hydro -Ester compounds (FX- 763, FX -70 -6, FX -70 -9, and FX -498), all bond tightly to wet or dry surfaces of concrete, wood, steel and other structural materials. The water - insensitive formulation of these mate- rials make it possible to work successfully in wet environ- ments. WORK IN WATER Reconstruction of severely damaged piles can be accom- plished quickly and economically without building coffer- dams or using other expensive de- watering equipment. Small equipment and ordinary construction skills are all that is needed to get this long- lasting protection for marine structures. RECONSTRUCTION AND RESTORATION For structural restoration work or protection on new piles, the FX -70® interlocking jackets are simply spread apart and slipped around the pile. A small work crew with one diver fixes the jacket firmly in position and FX -70 -6 Hydro -Ester mortar or grout is poured thru water, displacing the water, and bonding the bottom edge of the jacket to the concrete, steel or wooden pile. Where the remaining void space is of large volume (as in reconstructing piles), a high strength cementitious grout, mortar or concrete containing FX -320 Catalytic Admixture is pumped or tremied into place. At the top edge of the jacket another layer of FX -70 -6 Hydro -Ester mortar pro- vides a tight, impervious seal. ADVANTAGES OF FN -1011 SYSTEMS Application procedures utilize proven materials and chem- ical systems already well known in the construction indus- try. The FX -700 Hydro -Ester compounds are designed for field use in wet environments. High strength and bond are developed by chemical reaction. Costly maintenance and repetitive repairs are eliminated. High structural strength combined with inert chemical properties make the FX -70® Systems the most practical way to reconstruct piles and prevent steady deterioration from salt water, corrosive pollutants, ice action, floating debris, marine borers, electrolysis and ordinary weathering. PROVEN IN SERVICE - ASK FOR TEST RESULTS Original laboratory testing began in 1970. Field applica- tions began in 1971 and are performing well today. Projects range widely in geographic areas including West coast, Gulf coast, East coast, inland waterways, and overseas. Exposure conditions include tidal action, river currents, salt water, fresh water, ice action, and various pollutants. Numerous tests have been run by government and inde- pendent laboratories covering specific applications of the FX -700 systems including: structural rebuilding of piles, restoration of- deteriorating surfaces, and protection of new Structures. Just outline your need. Detailed test data on similar applications may already exist. a 4 Y INT11 • 1 -- .l�.ry,r:YK�•T� v: l�`vJa'la['!J FX 704 PROTECTIVE SURFACES • - ,.y Minimum IIITEREOCKING Structural Properties at73.4oF(23'C) (More than 16' J' Tensile Strength — .s=J'• Ultimate —(ASTM D638 -68) gg w Flexural Strength 14,500 psi (ASTM 0796 -66) '• �r!- • Modulus of Elasticity '•? • "' Flexural (ASTM D799-66) 781/cu. It. Uod Impact Dielectric Constant - (ASTM D256) 45060X2 Dessily Ekclrical Properties (ASTM 0150) MANUFACTURING TO YOUR NEEDS ' INTERLOCKING IIITEREOCKING JACKET JACKET (More than 16' (16' 8 under squarelfound) squarehound) 12,000 psi 14,500 psi 25,60D psi .7 x 105 psi 7 x 105 psi 15 -20 15.20 781/cu. It. 781/cu. It. Dielectric Constant - 45060X2 FX -70® Interlocking Jackets are manufactured at the Fox Manufacturing plant in Baltimore, Maryland. Dimensions, chemical composition, and overall quality are closely con- trolled to assure long dependable service in field applications all over the world. Fox has pioneered the development of materials and tech- niques to reconstruct piles of all types so they provide the full structural capacity of the original design. On new struc- tures the FX -70® System Materials provide inert corrosion - free protection at the waterline and thus eliminate the most frequent source of costly maintenance. Curing room Is an important step in the closely controlled manufamring pm[ess. The full length of this square FX -7(r interlocking Jacket one man for postdoning around a pile. This saves field advantage where the Jacket must be handled by divers. is easily opened by dme and is a great Light weight of only 1 pound per square foot of VS" thick sur. face make handing of FX- 70pdaclret both safe and fast ® F X 0 7 0HYDRO -ESTER JACKETS These are available in standard shapes, round and square, in sizes from 8' to 54'. Special shapes, Including H -shape for steel H- plies, can be made to suit any requirement for new work or reconstruction of piles-and piers. FX -70• Jackets have a tensile strength of 12,000 psi, and will not corrode even in highly polluted water. M700 c,o I COMPRFSSIRI F SFAI This closed -cell inert foam material Is bonded to FX -70° Hydro -Ester jackets with FX -70 -2 adhesive t0 provide a seal along the bottom edge of the jacket adapting to any slight surface irregularities. FXiiii;706°/ ADHESIVE This fast - setting one - component adhesive is used to bond the FX -70 -1 Compressible Seal to the FX -700 jackets. FXm763 HYDRO -ESTER TROWEL -GRADE This two - component (2:1 ratio) material is 100% solids and therefore does not shrink or crack upon curing. FX -763 is power -mixed Just prior to application. The heavy trowel consistency Is useful for an application on vertical sur- faces to set anchor bolts, to bond plastic grouting valves, and to provide a permanent bond along the interlocking joint of the FX -70• jacket. FX -763 is also available In a faster setting 'Cold Weather grade.' FX -741 ®HYDRO -ESTER FAST IV The low viscosity of the FX -741 permits penetration in fine cracks and porous areas. This two - component system is 100% solids, and has a very short 4- minute pot life after mixing. FX -741 is used for grouting In damp or wet areas, and as a binder for rapid setting mortar when mixed with FX -701 Filler. This mortar is also used for setting grout nipples just prior to the placement of FX -32• grout or FX -70 -8 Premixed Grout. FXm70 HYDRO -ESTER POURABLE MARINE PACK FX -70 -6 Hydro-Ester Pourable Marine Pack is a moisture insensitive, two - component, 100% solids epoxy resin. It is used as a binder for mortar, when mixed with 3 to 5 parts of FX -700 EPDXY Extender IC Component) in conditions where a dry or wet environment is encountered. This material is specifically designed for use with FX -70 Inert Corrosion Free System, FX,700 -6 HYDRO -ESTER POURABLE -GRADE This 100% solids two - component material is used as a binder with FX -701 Oven -Dried Filler. The resulting mortar Is very workable and will bond to wet or dry surfaces of concrete, steel, aluminum, or wood. Compressive strength will exceed 8,000 psi at 7 days. Also available in 'Cold Weather grade.' M7 0 1 GRADED OVEN -DRIED FILLER This siliceous base filler is specially graded to work well with the FX -70° Hydro -Ester two - component binders. Mortars and grouts can be mixed, placed, and finished easily without 'tearing' the surface or using excessive amounts of the binders. M70®° @ PRE -MIXED GROUT Just add-water to this dry mix to produce a very fluid non - shrink cementitious grout. Initial set is approximately 2 hours at 70 °F and 28 -day strengths exceed 8,500 psi test- ed In accordance with ASTM C -109. FX, 7 00' R HYDRO -ESTER COATING Iv This paintable 100 °% solids two- component formulation is used with the FX -70 -10 Field Formed Protective System, and is applied by brush or roller. It penetrates the cloth and provides a high bond to concrete, masonry, wood, steel, and other exposed surfaces. Also available In 'Cold Weather grade.' M70 N FIELD- FORMED PROTECTIVE SYSTEM Inert fibers of the FX -70 -10 System provide a layer of rein- forcing to bridge across hairline cracks on structural sur- faces. It is used with FX -70 -9 to build up a multi -layer sys- tem on concrete, masonry, wood, or steel. The FX -70 -10 fiber rdinforcing is available In various widths Including 4', 6% 12' and 36'. FX -498 HYDRO -ESTER HIGH -BUILD COATING The medium consistency of this 100% solids two - compo- nent system makes it ideal for direct coating of struc- turally sound surfaces that are free of cracks. Clean sur- faces need not be dry as FX -498 is not sensitive to damp- ness and will bond tightly to such surfaces. The Fox quality control laboratory is located next to the manufacturing area. CONCRETE PILE REPAIRS - MARYLAND Severe deterioration of concrete at the waterline exposed the reinforcing steel to brackish tidal waters. Reconstruction of 2000 lineal feet of 23' square pile was accomplished with FX -700 Inert corrosion -Free System. 1. Deteriorated concrete was removed by chipping. 2. Rectangular FX -700 jackets from 3 to 9 feet long were positioned around the piles down to the mud - line. 3. FX-70-6 Hydro -Ester mortar was poured to seal the bottom perime- ter. 4. Portland cement grout with FX -32• Catalytic Agent was used for the middle area. 5. Top was finished off with a seal of FX -70 -6 Hydro -Ester mortar. BAY CITY CONSTRUCTION CO., INC. PRESTRESSED PILES 18' square prestressed concrete piles with a 9' center void were used to cross this salt water bay several piles were damaged during construction, probably as a result of hitting boulders during driving. Cracks in the concrete exposed the prestressed wires to corrosion. A full scale test of corrective measures was made with the FX 70® system. 1. 32' round FX 70° jacket was placed around the pile with FS -763 used to seal the interlock. 2. Bottom was below mudllne and was sealed with FX -70.6 Hydro -Ester mortar. 3. Cementitious grout made with FX -32° Catalytic Agent was pumped in through a bottom entry displac- ing all water. 4. Tests were successful and other damaged piles were repaired with this system. REPAIR Of STREET BRIDGE - LONG ISLAND Disintegration of piles at the waterline on a local street bridge in Long Island, New York created an urgent maintenance problem for the county Public Works Department. They needed a long lasting and economical method that could be performed by their own maintenance forces. 1. Piles were numbered and a reconstruc- tion procedure was planned. 2. A test of the FX -70• system was carried out with supervision from Fox Industries. 3. After 3 years of successful performance, other piles were reconstructed with FX -70• materials. RIGRWAY BRIDGE — FIDRIBA Concrete protecting steel H -plies on this state highway bridge had deteriorated at the waterline exposing the steel to corro- sion. Permanent and economical repairs were carried out by state highway per- sonnel. 1. Deteriorated concrete was removed with a hydro laser. 2. 24' FX -706 jackets were cut to exact lengths, and the interlocking joint was filled with FX -763 Hydro -Ester Trowel Grade, 3. The jackets were placed in position around the pile, and FX -70 -6 Hydro - Ester grout was poured through the water to make a tight seal at the bottom. 4. The next day the water was pumped out and an annular void was filled with concrete to within 3' of the top. S. Top was sealed with a final layer of FX -70 -6 Hydro -Ester mortar trow- eled to a neat beveled finish. COUNTY DEPARTMENT Or PUBLIC WORKS NERABIIIIAIIDN DF PIIE DINTS — VIRGINIA Rehabilitation of the pile bents on a bridge in Norfolk utilizes the FX -70° Inert Corrosion-Free System. 1. Piles show severe deterioration. 2. After cleaning with accomplished high pressure water blasting, FX -70• pro - tectivejackets are placed around each pile. 3. FX -70 -6 Hydro -Ester and FX -701 Filler are mixed mechanically to mortar con- sistency. 4. Mortar is poured into annular void dis- placing water and forming high Chem- ical bond both to jacket and pile. CROWDER CONTRACTING CO., INC. "This 26th Sired Bridge project has been most inter- esting and worthwhile, and I feet drat it marks the beginning of a new, Ideal type of repair for concrete bridges. R.N. HARRELL DEPT OF PUBLIC WORKS CRY OF NORFOLK COAST GUARD PIER — MARYIANI Wet and dry twice each day since con- struction in 1941, has subjected the ten- sion portion of the reinforced concrete spandrel beams under the 25 ton travel- ing crane to over 23,000 cycles of alter- nate wetting and drying with salt water. This severe exposure caused extensive deterioration of the concrete and corro- slon of the reinforcing bars, 1. Deteriorated concrete was removed by high pressure water jet. 2. A channel- shaped FX -700 jacket was bolted into position on the under- side of the beam. 3. FX -70 -6 Hydro -Ester and FX -701 Filler were mixed to a heavy grout con- sistency and poured into the void area displacing the salt water, and bonding the jacket to the concrete. REPAIR of RDAt RIGRWAY BRIDGE Dual bridges carry a major traffic artery across a tidal river. Severe deterioration down to and behind steel reinforcing caused great concern. 1.Test sample of the FX -70• Inert Corrosion -Free system was installed In late 1971. Performance was very satis factory 2. In 1973, all piles were reconstructed using the FX -700 system with FX -70 -6 Hydro-Ester mortar JOHN D SHEETZ CONSTRUCTION CO, 7 EASTERN GUNITE CO. 41L .0, n•TU 1.6EU,L wYL` ---TTT M111r.LEY CpX Wn SrMIMEL Rill Fl -m M'OMTESR, Ml uLn.Y ,• NIHI TIR 1' eEN\ E- • \\ - - II•- Fx -nr 1/MI Orft J"I . in REPAIR of RDAt RIGRWAY BRIDGE Dual bridges carry a major traffic artery across a tidal river. Severe deterioration down to and behind steel reinforcing caused great concern. 1.Test sample of the FX -70• Inert Corrosion -Free system was installed In late 1971. Performance was very satis factory 2. In 1973, all piles were reconstructed using the FX -700 system with FX -70 -6 Hydro-Ester mortar JOHN D SHEETZ CONSTRUCTION CO, 7 _ C HICONSIBUCHO WIN FPMoWgr ' /' Lp he F ti 'i ✓fit. 1 > rah. ij --r r 1 If} 0 v a. A ,•f\ o'er '`�_ v o K � Q t . x. 3 � y . 'b �.•, �1 �O �I a / 0 e- ' /' Lp he F ti 'i ✓fit. 1 > rah. ij a gn t' --r r If} 0 v a. A TA K � w MN ,• �i• rt � +ac'Y I> . m Vrr ,9 a gn t' �S�L�C�� PROIICIIOIVIIN fr W4.", 414 Ao. I a e h. W4.", 414 Ao. I a e �000 y ✓^ <i i i jSj[OfljH f r mer -1•, r.r % cted 7. Full Sections of the reconstru Dfle were removed and tested in a S. Result: reconstructed sectIon of the plie was stronger than the ell f.S Cg a• L', [w / o� tom` �' t i ��_: "S Sl�y�$ ~}. [ oi.. �r ^� BAS _ � r,�v [ t ��• 7 �`4 4, `�� - .. .'G ! 'A.a •. r [ t �c � ,,,"'� -4 s•�, f r� .5 .� �`- DPP � r ..� !i T<i[•47ccti\r I' '1 Ab ek -- �$�^�"�i� °e`Lx�L'�.:!•I\'. E.i!•9 CCII00 tt11t[.. k�i� t i �.. .,, � .. l � C n111Y POLES — FIOHIOA Wooden utigty pales In wet Land areas and shallow water often show doteriora- tion at the base. A foil scale laboratory test was carried out to show how the FX- 70• systems provide full strength, I. A 6' gap was selected for recon- struction. 2.A S -foot long FX -706 Jacket was slipped around the sollce area. S. FX -70.6 Hydro-Ester and FX-701 FlUer were mixed to grout consis. tency and poured into the void. 4, pole was positioned horizontally for testing. S. Failure occurred at 26.266 ft -lbs. or a fiber stress of 2005 psi. rlonIaA rOwtA 6 LIGHT CO. NAVY OPIUM — VIHSIIIIA Mothballing In a Propeller shaft without putting this Navy ship In dry-dock was accomplished with FX-763 Hydro-Ester Trowel Grade and FX -70.10 Fiber Reinforcing. 1. Owen apply FX -763 to dean pro- peller shaft. 2. 6' wide FX•70.10 fiber reinforcing Is wrapped around the coated shaft. 3. TV camera monitors the work through murky water. OCaArIMUNO Mc. HIGHWAY OHIOGI — OIMMOHI Divers discovered conslderobte deterfm- Uon Just betosv the waterline on the con. crete den supporting the bascule spans of this 4-lane bridge. . Repair methods were studied and a detailed socciffcatlon was orepared outlining the fol. lowing procedure; 1. Cofferdams were constructed. 2_ Deteriorated concrete was removed. 3. Shottrete containing FX -32• catalytic agent was applied to rebuild the miss - Ing sections. 4. FX -70-9 Hydro -Ester Coating LV was spoiled by roller. S. FX -70.10 Reinforcing was unrolled and embedded In the coating. G. Another layer of FX -70.9 was applied to produce a finished surface. vNra unt coNCA[T[ conuTnuCTN)N Co. 11 GJC�G9 €41�NJC�5PMG3C��5 AX� r 5 1W i- I1I1 y- 'ROTECTED WITH 1;5� INDUSINIAI PIIR - MARIIAND Contaminated and Corrosive salt water In this Industrial area resulted In high main• tenance costs for piers. lhls newly designed pier - WHIMS the FX•70- Inert COrrOSIOn•F(CD System t0 01crAdc long term protection 1 Steel H -00es were driven and cut -off to specified elevation 2.FX -70' HydrO•ESter jackets were s011ed around the ulles and fixed Into position, 3.POttiand cement concrete with FX•32' CatalTtic Agent ryas used to I'M the vo.°d soave. 4.0eck forms were constructed so that FX•70' lacke(S and Willies would protrude Into the underside OP the Cast-in-place deck. Me LCArt COWMACTa48 CO,. #MC. NNI UPRISSWA1 RRIDCI- MARYLAND Recognizing the corrosive attacks on the piers of an existing bridge. engineers looked for the best possible means of protection for the piers on this new bridge. After thorough investigation and ravlew of the testing at the 6taryund State Roads Commission laboratory, the consulting engineers specified the FXJO' Inert Corrosion-Free System. 1. FX•70' orotective sheets with saw. ers attached are fastened to the concrete Diets with metal Fasteners, void Is filled with FX -70.6 Hydro. Ester mortar after each level of sheets Is fastened In place, 2. After Installation. cofferdam Is removed and the concrete pier base Is telly shielded from corrosive attack at the watertine arid below. 7111 CMF4 dad ~ IS i:WeSM0 and ens Flt• 7OSy"rn OVUnws VwPMlra hb SAMM MOw COWWROM far orpanlM&bM randereo m VW O+o 04 hstna<t►m db COr02M and &Ubft A9n r1 *M*31111 dm ox 020 Mend d wwdUW ALBERT P. BACKHAUS. P.E. 6Ut WAND DEPT.OF TRAHSPORTAMN 13 •m M �" ICI O WAI I ■ LEGEND 1. deteriorated concrete - 2. FX.7w -6 Hhdro•Ester Grout 17 3. FX -7ft Intedockirlg Jah:Bct 4. FX -*8 Pro-Mixed Cementitbus Grout `• - . S. FX -70.1 Comprggib•e Seal • . G. cogo�wbr'woodvlb ': /gZti t ". `, ."-� HW. _ 7. SOU�(8 OI +rMtaJiglllat concrete pile 2 %a 4 J v j^o ^ St,,~;.s4 8 SLCeiSyjnUll -00 fined.AVlth Concrete 9 clo' m COf�Cfete SUr7aFe < 9 aA3 i + 1K 10Kn1>C V vN ProlEttg�Gcatln9 (V ( 5� q AI •7Y F7 f b C �.� ,� � 13&. a t,c�,,,,�F" r xa+� . , • � l 4 ^a z° wF4GG. °'S y � � �� P° �• �: _ � `� � 11 fffxp}yft44f°�tJs . d Z "`�O S ,lJi�T . moss pf �Pi �4 F^- il•k dl, -, d � r " KW'1•..}�t e Ot�� , ` g.S14i ... *WK, jtD�p,@ gfao� ° x � �� u �r 1% �i I� v J/'. i4.�R ^ 1 1 Np ° �.: 3 r x eft' -�• � Jbeit bf� rl ` Y,trb z o J r • wt n ` �4 i k � �' / '� a,�� h -� y '� � � ^ �ti, •+i c o LrF ♦ v _ � 1 � °. y�C'1`T °141 � v � � x I'- @ x �i � ' l.a �c'e� r�� >.P ;1 ° -w- •[ �s. I t� �.� rF t _$ .. ATE DS a r dr• ^ eis, r - 19— ^IY7ERLOCttIrfG'JO J NT' f+ ru..rr S � 3, slat. mrdr�M. eyo4 V1{n �� _ u . r „ 4 �. v ° �^�- '�'r �"" �t.:v ,� � t _. o0Y C4S:•f}r �CftrJ�pp1:, �1 c , FX -70 HYDRO -ESTER GROUTING COMPOUNDS DESCRIPTION: FX -709 Hydro-Ester compounds are 2- component. 100% solids systems designed for use w1th FX -70• Inert Corrosion-Free Systems. FX•763 HVdro•Ester TROWEL GRADE: Non -Sag for sealing Interlocking Joint of - FX -70• jacket, FXJ0.4 Hydro-Ester FAST LV: 4-minute Dot life after mixing where low viscosl• ty and rapid set are needed. FX -70.5 Hydro-Ester LV: 30-minute pot life after mixing where low visCos- Ity and normal set are needed. FX -70.6 Hydro -Ester POURABLE: normal set and medium viscosity. APPUCATION: Fx -70• Hydro-Ester compounds are Insensitive to moisture and will bond to wet or dry contact surfaces. Cured grout will produce excellent adhesion and resistance to Impact and abrasion. Inert aralldes resist chemically severe environments. All contact surfaces should be free of lattence, grease. oil• rust. and otter bond Inhibiting materials. PROCEDURE: a: Thoroughly mix Component A and Component B. b. Blend Component A and Component 8 at ratio per manufacturer's recommendations. c. Mix thoroughly with an electric drill and mixing paddle. d. Introduce FX -701 Filler slowty to the desired con- sistency luse with FX- 70.61. C. A ratio of one part mixed compound to one part FX -701 filter will yield 350 cu. Indgallon. f. Pour grout Into annular void provided by the FX- 700 shell. g. Avoid contact with skin and Inhaling of vapors. R �, .�X-70'5 Tl DESIGN Al., FX•32• Is a water soluble polymer resin that works In High-eariv strength — 24•hour over 4000 psi. each stage of the complex hydration process of Shrinkage reduction — 28•day drying shrinkage of Portland cement. Design mixes with FX-32• require FX•32• concrete Is from 23 to 31% less than a plain from 15 to 25% less water. This water reduction mix. helps produce the high strength, greater density Tensile strength — The 3•day tensile strength of FX- and reduced drying shrinkage. The excellent worka- 328 concrete has 3 38% greater tensile strength blilty aids In Placement consolidation. than plain concrete. FX•32• can be used In temperatures as low as 321F Flexural strength — 28•day over 1100 psi. In the cold winter months: The C3t2lytIc Properties of FX-32• make possible the Density — Due to the large reduction in mixing development of additional strength gains from water and good consolidation Properties. the densi- Portland cement for concrete. mortar, and grout. ty of FX•320 concrete with air entrainment is SECTION A-A 7 3 4 'Zi 1'4 iIL 17 Y "M ZI Tl FX-32* GROUT SPECIFICATION (Portland cement grout) FX•32• Is a water soluble polymer resin that works In High-eariv strength — 24•hour over 4000 psi. each stage of the complex hydration process of Shrinkage reduction — 28•day drying shrinkage of Portland cement. Design mixes with FX-32• require FX•32• concrete Is from 23 to 31% less than a plain from 15 to 25% less water. This water reduction mix. helps produce the high strength, greater density Tensile strength — The 3•day tensile strength of FX- and reduced drying shrinkage. The excellent worka- 328 concrete has 3 38% greater tensile strength blilty aids In Placement consolidation. than plain concrete. FX•32• can be used In temperatures as low as 321F Flexural strength — 28•day over 1100 psi. In the cold winter months: The C3t2lytIc Properties of FX-32• make possible the Density — Due to the large reduction in mixing development of additional strength gains from water and good consolidation Properties. the densi- Portland cement for concrete. mortar, and grout. ty of FX•320 concrete with air entrainment is Other Properties are also Improved Including dura• Increased from 6 to 8 Pounds per cubic foot. billty, tensile strength• density, and bond of new initial retardation — The initial set of FX-320 con- concrete to old concrete. crete Is retarded by 25-55%. at a i-Ibisack addition. Pecommended preparation Is I pound of FX-32• Durability — Air-entrained concrete containing FX- Powder Per sack of cement. Lesser proportions of 32• exceeds ASTM C•666 at 500 Cycles. Testing of 3/4 pound and in pound per sack may be used some cylinders continued well beyond ioDD cycles when correspondingly lower results are adequate. without sign of failure. FX�^ Wd '0!�fs am Mooew VWWWft at rav 'MlM* ot- LABORATORY TEST PROGRAM Both 6toof and cower* syodmens hero tosumt FX•7" Ifjg7ro -Ester mortar Is poured through ssfr nator SoUbm f0 Pt7rlCwo. In a eonsiam search for better methods and materl• " `placing the wlto and 'co8iftfitUng the fir onrwWrvold ^' T•° ab, the Bureau d Bridges requested tests an the FX -701 ° -` Initial hwdentng wt eogwpfeto9n 4•hourc at the lab 5 - (pert Cmrosion•Fraa Systems. Tests were earned out at • orotory temperature of 72� 6dmpiossAro strength of 1 the Merytarwd Sao (toads Comn>ss on laboratory. the mortar. was tladormhad orw 2' Gitbm! to be B:OW psf ?;,•„ - A cutoff section of a steel shell pifo and an 18 ` °tit 24hours. of diameter concrete pipe sooiion were sot up in vcnkmi Alter seven days. en r aita"Vto separate the pro-'—" positions silo bysldo an a Lost sicvW. The FX•701 pro- a - .ioctivo surface Irl6m ilia r was guemp(ad' Using, n; lacOvO layer was supplied as li8 thick round #tCic@le r .' m ` yfe a was pod!ad, rom tho 1,; "ro Each jackal was spread open and s9pped around mortw; hov.•aver, merry dfdh&'' and,llbora infused �s. ;trio section. it was closed to on t 8- iieswo djwneter. The ;,bo separoled. chosv6ip ti{b_aiceltCru t�Ondi�iF► cl�ieo� ,1, , 4 ^- overtapping longitudinal edge -was Rrmty closed with todsUcs. e8- lapping sm!mlass steel snows In pro-draetl Wes. A 3' core wss cut.w+il(u a dremorkl'd'rQi liuough Uo z j Tho baitom pef heeler between lute 090 and the lack wall of the eororom 10m itw F)(.? Ftydrp Esief� . o .' et was seated. The ofd space was filled to the top with �h lsr provided Ml,bonfi.6Nh to tho ProtCCtive {adtol water camah fug 5% sell solution. and the stxtlotw bc'hg piotoettid, ttttry° producing a• e Placing the FX -70' HydroEsm; motor without ` J mle struatWol Systeifi. .< dowataring Is o key feature to the oconornks and proc- - Ythifo no cores K'era twiRmn on "the steel spOCtamw ticab8lty, of the system. Thfs stop at the test was narrvner6lg wad chippingoy the ldbe let ivdciere ;p1 obsevod by cowry Interested enghncom and memo- (and other Interested oservers) showti bond to be nwoo supen� -era l axcowi. No Pieces eoijd be eel cyed.ragardiass der tuurimsr, f^ taCf ih4 mar .. � pu^isMneni pive{r wfUw tftg J, The rtorWr was prapatbnc� end mbced to a Row- consistency. Balrng both heavy and repellent to tw nb^ -cubed the_Aetrunoc•6npaeflnp _ able rw oe(. erred the vibmibrns ahle�i imaAY coos sl water. the mortar eras poured from opposita sides. dis DISTRIBUTED BY: SCHRADER CO. SALES, LLC 8216 23rd PI NE. EVae t, WA 88205 Ph 425377 -1550 Fx 425377 -0408 ' PRINTED IN Ir _2 .: r- • • C-�t13 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 August 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 644 -3330 or sluy @city.newport- beach.ca.us SUBJECT: OCEAN PIER REPAIRS - Award of Contract No. 3973 Recommendations: 1. Approve the project drawings and specifications. 2. Award Contract No. 3973 to AIS Construction Co. for the Total Bid Price of $659,445.02, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $66,000 (10 %) to cover the cost of unforeseen work. 4. Approve a budget amendment transferring $47,500 from unappropriated Tidelands Fund balance to 7231- C4801001 (Ocean Pier Repairs) Discussion: At 11:00 a.m. on July 23, 2008 the City Clerk opened and read the following three bids for this project: BIDDER TOTAL BID AMOUNT Low AIS Construction Co. $659,445.02 2 John S. Meek Company, Inc. 679,790.00 3 American Marine Corp. 1,310,035.00 The low total bid amount is 20 percent above the Engineer's Estimate of $528,000.00 The disparity between the estimate and the actual bid prices may reflect the current volitility in the oil industry since many of the products used in the pier repair are petroleum based, as well as the special nature of the work and the limited availablity of skilled contractors qualified in this type of work. The low bidder, AIS Construction Co. (AIS), possesses a California State Contractors License Classification "A" as required by the project specifications. As part of staffs reference check, staff has had phone conversations with the president of AIS and the • Ocean Piepairs —Award of Contract No. 3973 August 12, 2008 Page: 2 company's listed references. All references (Vandenberg Air Force Base Boat Harbor, Presido Land Trust, Army Corp of Engineers, and Long Beach Unified School District) indicated the Contractor has satisfactorily completed marine -type projects for them. Over its twelve year history, AIS has limited direct ocean pier rehabilitation work experience. However, AIS has done substantial marine related work including dolphin repair and rehabilitation, structural steel repair at or below water level, recoating of dolphins, repair and fabrication of a new fendering system, pile repair and replacement, dredging projects, and gabion construction projects. Additionally, the contractor and his employees proposed for this project have direct pier and related rehabilitation work experience under past employers. The Ocean Pier Repair project has a budget of $680,000. Bids for the project came in higher than budgeted funds. To cover the shortfall, staff recommends transferring $47,500 from the unappropriated Tidelands Fund balance. The proposed work consists of replacing deteriorated and or missing cross bracing, stringers, cross bridging, hardware, etc; removing and replacing damaged /deteriorated portions of piles, wrapping existing piles and repairing previous pile wraps; installing fiberglass jackets, reinforcement and epoxy grout to stabilize /repair pier pilings; installing trowelable epoxy to fill voids and fix cracks in existing structural members of the pier; and performing all related work as required to complete the contract. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: Sufficient funds will be available in the following accounts for the project. Account Description Account Number Amount Tide and Submerged Lands 7231- C4801001 $ 680,000.00 Budget Amendment 7231- C4801001 47.500.00 Total: $ 727,500.00 1* f Proposed uses are as follows: Vendor AIS Construction Co. AIS Construction Co. Various Prepared by: Stephe Luy Associate Civil Engineer Attachments: Project Location Map Ocean Pier repairs —Award of Contract No. 3973 August 12, 2008 Page: 3 Purpose Construction Contract $ Construction Contingency $ Printing and Incidentals $ Total: $ Submitted by: Amount 659,445.02 66,000.00 2,054.98 727,500.00 wrG.Badum Works Director s 1 MINIM k� ti • rya C2 NfWPaRT Q%, y NEWPORT PIER PqQ% • ®i N pt�o BALBOA PIER °Qlv OCEAN PIER REPAIRS 08 -09 y 6M . BMW" 4 Nr k was C -3973 ITT A .,li� (#y of Newport Beado NO. BA- 09BA -006 BUDGET AMENDMENT 2008 -09 AMOUNT: $a7,soo.oa EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from Tidelands Fund unappropriated fund balance to the Ocean Pier Repairs account to enter into an agreement with AIS Construction. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 230 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund - Fund Balance Description Description Division Number 7231 Tidelands - Capital Account Number C4801001 Ocean Pier RepairlInspection Signed: Signed: Approval: Administrative- Services Director Administrative $(pproval: City Manager Amount Debit Credit $47,500.00 " Automatic $47,500.00 Date b Dv5 d� Signed: City Council Approval: City Clerk Date