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HomeMy WebLinkAboutC-4326 - Balboa Pier Emergency Repairsu .N _ _.�.�� 0 o �� j • OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC March 10, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: Balboa Pier Emergency Repairs (C -4326) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, � 1 Llani I. 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 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, California, 92663, as Owner, Associated Pacific Constructors, Inc., of Morro Bay, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Balboa Pier Emergency Repairs (C -4326) Work on said Contract was completed, and was found to be acceptable on March 9, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. VER I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �Or at Newport Beach, California. BY �QOGIM. X, City Clerk CITY OF NEWPORT BEACH I I CITY COUNCIL STAFF REPORT NAF; n Agenda tem No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3312 or tandefur@newportbeachca.gov SUBJECT: BALBOA PIER EMERGENCY REPAIRS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4326 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 one year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract me Award Amount Completion Target Actual Time (days) er or er ](3) $59,900.00 $67,200.00 Contract Contract 25 +10% +12% Discussion: During the early morning hours of July 25, 2009, high surf caused a piling and eight diagonal cross braces to be broken. A portion of the broken piling was lost in the high surf. Staff reacted quickly to inspect the pier. Staff discovered additional damage had also occurred. The remaining portion of the broken piling was tied to an adjacent pile until a private marine contractor could be hired on an emergency basis to remove the remaining portion of the pile to minimize movement and damage to related structure. On October 13, 2009, the City Council authorized the award of the Balboa Pier Emergency Repair contract to Associated Pacific Constructors, Inc. The contract Balboa Pier Emergency Repairs - Completion and Acceptance of Contract No. 4326 March 9, 2010 Page 2 provided for the removal of the broken portions of piling and cross bracing, wrapping, and driving a new pile, repairing the pile cap, and installing new cross bracing members and har are. TI e" contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: $59,900.00 $59,900.00 $7,300.00 $67,200.00 There were two change orders totaling $7,300.00. The change orders were for the following: Item No. Description Amount 1 Removing an additional pile connection bracket, repositioning the pile, installing new pile bracket. $1,500.00 2 Replace two additional cross braces. $5,800.00 Total Project Change Orders $7,300.00 The change orders were the result of finding additional damage to the pier support structures that were not visible until the contractor placed scaffolding under the pier. The amount charged by the contractor represents the time and materials required to do this work. This project was added into the 09/10 CIP as emergency work and thus was not included in the Master Project Schedule. A summary of the project schedule is as follows: Project Award for construction: October 13, 2009 Date of Notice To Proceed (NTP): January 4, 2010 Contract Completion Date per NTP & Approved Extensions: February 8, 2010 Actual Construction Completion Date: February 3, 2010 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. f Balboa Pier Emergency Repairs - Completioi, ..nd Acceptance of Contract No. 4326 March 9, 2010 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction Incidentals Total Project Cost $67,200.00 320.77 $67,520.77 Funds for the construction project were expended from the following account: Account Description Balboa Pier Emergency Repairs Prepared by: Tom Sandefur Associate Civil Engineer Account Number Amount 7231- C4802002 $67,200.00 Total: $67,200.00 Submitted by: OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 16, 2011 Mr. Paul E. Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Subject: Balboa Pier Emergency Repairs (C -4326) Dear Mr. Gillen: On March 9, 2010, the City Council of Newport, Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 16, 2010. Reference No. 2010000125121. The Surety for the contract is Western Surety Company and the bond number is 58667801. Enclosed is the Faithful Performance Bond. Sincerely, Iir, I� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 BOND NO. — 5..$_667.801 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is S 839.00 beinu e1 the nle of S14 .4.0 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Associated Pacific Constructors, Inc., hereinafter designated as the "Principal ", a contract for construction of BALBOA PIER EMERGENCY REPAIRS, Contract No. 4326 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. 4326 and the lemis thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company _ . duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Fifty -Nine Thousand, Nine Hundred and 001100 Dollars ($59,900.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal, or the Principal's heirs. executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. RYA 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 Surely 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 (lie 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 Perionnance Bond shall be extended and maintained by the Principal in full In the event Iliat the Principal executed this bond as an individual, it is agreed that the dealh of any such Principal shall not exonerate the Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 6 t day of _pyt_o h e r . 20 Associated Pacific Constructors, Inc- A honze Signature le (Principal)GUL W.es,.t.e.rn__S.u.r_.ety C.ompzny M Name of Surety Authorized Agent Sig alure 6300 Canoga Ave., Ste. 115OW w00d1a_nd_Hi_11s_, CA 91367 Address of Surety 818 713 -2031 Telephone Shirley Littell- Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Ventura OnOCt. 6, 2009 before me, Janet BurtonA/oT9iey�ficer c Dale Here i.e. Name antl Tille of 1 he Officer personally appeared Shirley Li ttel l 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 he /she /they executed the same in JANET BURTON his /her /their authorized capacity(ies), and that by Commission 0 1694095 his /her /their signature(s) on the instrument the b5C 0,WCOMUMN14,21i Notarorua person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand R official seal. Signature: . Place Notary Seal andlor Stamp Above p q 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: Faithful Performance Bond Document Date: October 6, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ndividual i ❑ Individual 0 ❑ Partner — ❑Limited 0General RXAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e • Partner — ❑ Limited O General Tap of thumb here • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association •9350 De Soto Ave., P.O. Box 2402• Chatsworth, CA 91313 -2402•www.NationalMotary.org Itemp59W Reorder. Cell Toll -Freo 1- 800 - 876 -(M7 ACKNOWLEDGMENT ................................................ ............................... State of California County of SG�N /✓ /S 4N. Sa } ss. On nhhe'- Ze'- a ZM7 before me, 10 A vl f Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the personH whose name(s) is /are- subscribed to the within instrument and acknowledged to me that he /stae /t-�e executed the same in his /Her /theif authorized capacity(+e&), and that by his /Her /the4- signatures(s on the instrument the person(e), or the entity upon behalf of which the person( &) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i Signature (seal) . v ............................................ ............................... o, OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President/ Vice - President/ Secretary /Treasurer Other: Other Information 35 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. QUA lestern Surety C®m )any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1st day of October, 2009. +rte °o WESTERN SURETY COMPANY _;PvuaglN 4o r� a, ze�4 Ayvl i °"as Paul 4rBrtrflat, Senior Vice President State of South Dakota ss County of Mi tnehaha On this Ist day of October, 2009, before me personally came Paul T. Bmflat; to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the Set and deed of said corporation. My commission expires .\\\"" \""" \44\"\\ \"444444+ O H KRELL DAKO November30,2012 EAR NOTARY PUBLIC SEAL i i�SOUTH DAKOTA�' �4 \ \4\ \4 \\ \\444444 \44444 11a 7 D. Krell, Nolihy Public CERTIFICATE ,I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the mid corporation this _ 6 .t h —day of October 2009 iyarr> WESTERN SURETY COMPANY 0. L. Nelson, Assistant Secretary Form F4280 -09 -06 Fes, r, _ r " l ` OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC April 20, 2010 Mr. Paul E. Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Subject: Balboa Pier Emergency Repairs (C -4326) Dear Mr. Gillen: On March 9, 2010, 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 March 16, 2010, Reference No. 2010000125121. The Surety for the contract is Western Surety Company and the bond number is 58667801. Enclosed is the Labor & Materials Payment Bond. 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 BOND N0. 58667801 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adoDted, has awardc-d to Associated Pacific Constructors, Inc., hereinafter designated as the "Principal," a contract for construction of BALBOA PIER EMERGENCY REPAIRS, Contract No. 4326 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. 4326 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, .Ves,tern Surety .Comp.any__ duly authorized to transact business under the laws of the Stale of California, as Surely, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Fifty -Nine Thousand, Nine Hundred and 001100 Dollars ($59,900.00) lawful money of the United Slates of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 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 [hem or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 el. seq. of the Civil Code of the State of California. And Surely, 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 [hereunder 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 Thal any pnncinal above named exeCUted this Bond as an individual, it is o re !cl that Ir-11 Cleal.`i of a'iy Such 1rncipal shall not exonerate the Surety from its obligations moer MIS hono. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety. on the 6th day of October 2009. Associated Pacific Constructors, Inc. (Principal) WeS.,tern ._Surety_„_Company._.._. Name of Surely 6300 Canoga Ave., Ste. 1150W Wood.[ and Hi 11 s,,__CA,_ 91,367 Address of Surely 818 713 -2031 Telephone Authorized Sig atu /Ti le D // Authorized, gent ignature Shirl_ey,._L,i.ttel_1_Attorney in Fact .. rint Name and Title NOTARY ACKNOWLEDGMENTS OF CONTGZACiTOR AND SURETY MUST BE ATTACHED 29 "SEE NUfARY ACKNOWLEDGMENT ATTACHr_LJ" ACKNOWLEDGMENT ............................. ............................... .r................, State of California County of _ __.... ...._...._...___- ._._.- _...__.J ss On ...__ before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be I subscr! bed ,o the within instrument and acknowledged to instrument the person(s), or the entity upon behalf of wFncl ne3rmleui / I certify under PENALI'Y OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document hype or Tille of Document Number of Pages in Docu t)ncumenl in o Foreign L..a Type of Satisfactory Personally Kr Paper Idenlifi Credible Wilr Capacity of Signe . Trustee Power o AM Notary Voerson(s) whose name(s) is/are ne that helshelthey executed the the person(s) acted, executed the laws of the Stale of California that the OPTIONAL INFORMATION with Paper Identification CEO/ FO /COO _ Presi nt 1Vice- President ! Secretary I Treasurer Olhe� Other 30 (seal) Thumbprint of Signer O Check here if no lhumbprinl or fingerprint is available. CALUFORNBA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On Oct. 6, 2009 before me, Janet Burton/ �/orq e�/ Pdl3 /iL Dale Here Insert Nama antl Tige of Ne Queer personally appeared Shirley L i t t e l l who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal and/or Stamp 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: I ahnr and Material Payment Bond Document Date: October 6, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): • Individual e • Partner — ❑ Limited ❑ General Top of thumb here XX Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Western Surety Compa y ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 1 ®2VUtl Naaenal rvmery A65ogauon• tribe ue` Jete AVe..F.V.MXZ4V4- Gn8UAV0M.GA a 191U-ZW4• W ,NMIpnalNetary.erg nom BSeUI Heereer:U0H IeIbFree ballWtlfb f ACKNOWLEDGMENT v u v o u o o a o o o e o o o o e o o e o e o o e e o v u o v o o n u e v o o o e o o o e v o e n o o v o e e e e o e e e e v. o o e o e o e o o o o e n v. State of Cali rnia County of /a-m Zdls D / A6 )ss. / On 7,!90 Z0 2 before me, Oh t h TLS i /�, Notary Public, personally appeared Ct il_ F- G_Illr✓ who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is /ar-ee subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their: authorized capacity(ies), and that by his /her /their signatures(-53 on the instrument the person(s), or the entity upon behalf of which the person(-&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R08114 J. LUDWIG a acommbslon d 1671299 Notary Public • coutomla Son Luis Obispo county lmvcamm Maynmlo Signature (seal) o a o e v e e e s e e v o o e e e e e e e s e e e e s o v e o v o o s o s e e e v e e e s e e v e e s e e e s o e e e v a e e e e s e v e e e e v e e e v e. OPTIONAL INFORMATION Date of Document Type or Title of Document Number bf Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer ❑ Check here it no thumbprint or fingerprint is available. %stern Surety C®r -)any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its we and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and otherobligstoryinstrumeras of similarnature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a drly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duty adopted, as indicated, by the shareholders of the corporaion. In Witness Whereof, WESTERN SURETY COMPANY has roused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1st day of October, 2009. p +rTM�o WESTERN SURETY COMPANY g^ °°pvo <4 �� M �% QO �P I � /z Paul 2rBruflat, Senior Vice President State of South Dakota 1 ss County 01 Minnehaha JI On this Isl day of October, 2009, before me personally came Paul T. Bmfla4 to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be die act and deed of said corporation. My commission expires {rr " +rrrrrrrrr "rrrrrrrr { D. KRELL '+ November 30, 2012 Nl'ITAgY PUBLIC SEAL SOUTH DAKOTA SEAL ♦rrrrrrrrrrrr..rrrrrrrrrr { CERTIFICATE W94 1 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation, printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5 t 11 day of October 2 0 0 9 Q —Er,, WESTERN SURETY COMPANY �osQ eA�e' L. Nelson, Assistant Secretary Form F4280 -09 -06 p RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk 276-118N12 City of Newport Beach ° ' `' Q„ 1) 06 () "r' ° ou J ou 0.00 o.uo 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION rr NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, Associated Pacific Constructors, Inc., of n Jr Morro Bay, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Balboa Pier Emergency Repairs (C -4326) Work on said Contract was completed, and was found to be acceptable on March 9, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ^n Executed on MVA lot �,010 at Newport Beach, California. BY X`✓�WI�� City Clerk a in = LU 45 > W z E o�� "- F rn U N �U� w Or = owTv a= L o �3 o VEF I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ^n Executed on MVA lot �,010 at Newport Beach, California. BY X`✓�WI�� City Clerk 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 -644 -3330 or sluy @newportbeachca.gov SUBJECT: BALBOA PIER EMERGENCY REPAIRS -.AWARD OF CONTRACT NO. 4326 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4326 to Associated Pacific Constructors, Inc. for Total Bid Price of $59,900, and authorize the Mayor and City Cleric to execute the contract. 3. Establish an amount of $10,000 to cover the cost of unforeseen work. • 4: Approve Budget Amendment No. 10BA -- transferring $69,900 from Account No. 7231- C4402002 (Balboa Island /Harbor Bulkhead and Seawall Repairs) to Account No. 7231- C4802002 (Balboa Pier Emergency Repairs). Discussion: During the early morning hours of July 25, 2009, high surf caused a piling and eight diagonal cross braces to be broken. A portion of the broken piling was lost in the high surf. Staff reacted quickly to inspect the pier. Staff discovered additional damage and determined the pier was safe for public use. The remaining portion of the broken piling was tied to an adjacent pile until a private marine contractor could be hired on an emergency basis to remove the remaining portion of the pile to minimize movement and damage to related structure. At 11:00 a.m. on September 29, 2009, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Associated Pack Constructors, Inc. $59,900.00 2 John S. Meek Co., Inc. $66,680.00 3 R.E. State Engineering Inc. $92,625.00 4 Tal Cal Engineering, Inc. $137,471.00 • Balboa Pier Emergen*pairs —Award of Contract No. 4326 October 13, 2009 Page: 2 ;. The low tot"d amount is 14.4 percent below the Engineer's Estimate of $70,000.00. • The, differenbebetween the low total bid amount and the Engineer's Estimate is attributed to the favorable bidding climate. The low bidder Associated Pack Constructors, Inc. possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. This pier repair contract consists of mainly replacing the damaged pile and twelve cross bracings caused by the high surf and heavy waves over the weekend of July 25 and 26, 2009. Other items of work include replacing hardware and the installing trowelable epoxy to fill voids and fix cracks in an existing structural member of the pier, and performing all related work as required to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 20 consecutive working days to complete the work. Funding Impact: Staff recommends encumbering the necessary $69,900 in funding for this work from the Balboa Island /Harbor Bulkhead and Seawall Repairs CIP (Account No. 7231. - C4402002. Over the summer of 2009, staff took advantage of the low bid unit prices received for the 2008 -09 Balboa Island Bulkhead - Seawall Repairs Project and addressed additional future planned work locations around Balboa and Little Balboa Islands. That effort, as well reduced cost estimates to address the Edgewater Lane bulkhead modification should provide enough available funding to cover this transfer • and still address all the items planned under the Balboa Island /Harbor Bulkhead and Seawall Repairs project. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (b) of the CEQA Implementing Guidelines. This exemption covers the emergency repair or existing facilities for the safety of pedestrians and visitors. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected businesses will be notified by the Contractor prior to the start of the project. Geotechnical and Material Testing Services: Geotechnical, material testing, and survey services are not anticipated for this project. • • iU • • Balboa Pier Emergenteepairs — Award of contract No. 4326 October 13, 2009 Page: 3 Funding Availability: Upon approval of the budget amendment, sufficient funds are available in the following account for the project: Account Description Balboa Pier Emergency Repairs Proposed uses are as follows: Vendor Associated Pacific Constructors, Inc. Associated Pacific Constructors, Inc. Prepared by: Stephe uy Associate Civil Engineer Attachment: Project Location Map Account Number 7231- C4802002 Total: Purpose Construction Contract Contract Contingency Total: Amount $ 69,900.00 $ 69,900.00 Amount $ 59,900.00 $ 10,000.00 $ 69,900.00 Submitted by _r /Stephen G. Badum Public Works Director , R i i j / A PIER LOCATION MAP NOT TO SCALE CtTy BALBOA PIER EMERGENCY REPAIRS DRAWIN4 0 Citieof Newport Beach . NO. BA- 10BA -016 BUDGET AMENDMENT 2009 -10 AMOUNT: $s9,9oo.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations I Ix No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Balboa IslandlHarbor Bulkhead and Seawall Repairs account to the Balboa Pier Emergency Repairs account to cover the cost of contract award # 4326 to Associated Pacific Constructors, Inc. and unforeseen work. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Approval: Administrative Services Director s -",- Approval: City City Council Approval: City Clerk $69,900.00 Date i0 (, Date Date Description Division Number 7231 Tidelands - Capital Account Number C4402002 Balboa Island Bulkhead Repair $69,900.00 Division Number 7231 Tidelands - Capital Account Number C4802002 Balboa Pier Emergency Repairs Division Number Account Number Division Number Account Number Signed: Signed: Approval: Administrative Services Director s -",- Approval: City City Council Approval: City Clerk $69,900.00 Date i0 (, Date Date CITY CLERK CITY OF NEWPORT BEACH 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 301h day of September. 2009, at which time such bids shall be opened and read for BALBOA PIER EMERGENCY REPAIRS Title of Project Contract No. 4326 $70,000.00 Engineer's Estimate Approved ; 110 W.W lTi ." 1111=4m 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 J. Luy, Proiect Manager at (949) 644- 3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.go CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 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.................................................................................... .............................20 LABOR AND MATERIALS BOND ................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 INSTRUCTIONS TO BIDDERS The following documents shail be completed. executed and receivec 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 (surr. 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 wores "Sealed B.d shall be clearly marked on the cu`.side of the envelope containing the documents. 3. The City of Newport Beach will no: pern d a substitute format (or the Contract Documents listed above. Bidders are advised !o renew their content •.v In oond ng ar,o egal agerts prior to submission of bid. 4. BIDDER'S BOND shai be iss, eo ty an insurance organizatbn or surety (1) currently authorized by the Insu,a ^ce Corrm ss cner to transact ous.ress of nsurance it :he State of Ca[fornia, anc (2) l,s ed as an acceo:ab e surety in the latest rev.sion of the Federal Register Circular 573 The successful bi -der's ser %irity sho I oe held irtil the Con'.-act is executer 5. Tae est. aled quantities iod calec n I ^e PROPOSAL ore aoprox, mate, and are given sorely !o allow the comparison of Val b d prices 6. Bids are to be computed upon the estimated quantities ;nd,cated in the PROPOSAL multiplied by unit price submitted by the b ricer. In the event of discrepancy between wording and figures, bid wordirg shall preva:l over bid figures. In the event of error in the multipiication of estimated cuantity by unit pr ce, the correct mul'iphcab t on wiil be computed and the bids w be compared with correctly m.✓It plied totals The City sha I not be held respons o e for bidder errors and om ssions in the PROPOSAL 7. The C;ty of Newport Beach reserves the rignt to re;ect any or at bids and :o wave any minor irregularity or informality in such bids. Pursuant to Public Cortracl Code Sect -on 22300. at the request and expense of !rte Contractor. securities shall oe permitted n 3 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 ISections 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 ali provisions of the California Labor Code — including, but riot limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of tine bidder. For corporations, the signatures shall be of a corporate officer or an individua! 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 .nas beer reviewed. A 39� g CC Contractor's License No 8 Classification S Date e ( /- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 BIDDER'S BOND We, the undersigned Principal and Surely, our successors and assigns, executors, heirs and administrators, agree to be jointly and several)y held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the amount bid i.n ----------- ------ Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA PIER EMERGENCY REPAIRS, Contract No. 4326 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds. and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this r , 2009. te Associated Pacific Constructors, Inc. iz�'( (;&.- Name of Contractor ( Princpal) Authorized Signatureffitfe Paves e. G���i ✓� Presic%st Western Surety Company Name of Surety 6300 Canoga Ave., Ste. 1150W Woodland Hills, CA 9.1_.367 Address of Surety 818 713 -2031 Telephone Adthofized Agent S iA nature Shirley Littell- Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ................................................ ............................... State of California County of On Public, personally appeared _ SS. before me, Notary proved to me on the basis of satisfactory evidence to be the persoh(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me tt)at he/she /they executed the same in his /her /their authorized capacity(ies), and that by hisSlSer /their signatures(s) on the instrument the person(s), or the entity upon behalf of which ttkied person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "See Notary Acknowledgment Attached" Signature ............. Dale o` Document tsean .................. .............. ............................... OP(TIONAL INFORMATION _ Thumbprint of Signer I ype or Title of Document Namoer cI Pages -^ Document Document n a Foreign LaKdage Type of Satisfactory Evidence. Personally Knowfi with Paper IdentificaCon Paper ldeml6caflon Credible Wilness(es) CapacAy of Slgnvt Trustee -` _._ Power Of Attorney CEO, -i CFO I COO _ P,4,clent I Vice- President / Secretary / Treasurer 2 chedr Here if no Ihynbpnnl or fingerpnnl i5 available CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT sr�`�- 4�t7Ge£C<..,�r `<'. �r. 5. r: 5.' 9. cY>. c�: cA. cY;. c<' �• cCCtcC. cfc_. ccccccC< cC. cSc' r' ��C :C<..'.Ci::�?;.tr�.rcrescrcn .cccccccrcr,� State of California County of Ventura On Sept. 17, 2009 betoreme, Dale I Janet Burton 71 Name Wa Mei of ft (TI[p personally appeared Shirley L i t t e l l Name(al a sglegsl' 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 t IMON he/she/they executed the same in his/herftheir authorized Com,rron 0 16944 capacity(ies), and that by his/her/their signature(s) on the Notoy PJAC - CCttlatl0 instrument the person(s), or the entity upon behalf of +o C 111j" which the person(s) acted, executed the instrument. i0wCaym=01:1142011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and official al. Signature Place Notary Seal ADCVe $"1U,e 01 fJanry P,iVK OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could premnl fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Bidder's Bond Document Date: September 17, 2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Individual Corporate Officer — Title(s): Partner — I Limited J General X X Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing Western Surety Compan Number of Pages: 1 Signer's Name: .. _. i Individual I Corporate Officer — Title(s): _. I Partner —: Limited I General Attorney in Fact _ Trustee TeX Guardian or Conservator Other. Signer Is Representing: Qzcc ccrc cc �zrr z c .c,ge c CM7 Na Ai FArary ACX4n,n• 95W SOW AN, PO BM 2402• C W% xf,. CA 413132.401- fJnlvWrlolBry aq 11e 0•%7 neanb, CNi Tel Frc 1-appB76 7 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and cwsung corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(s }in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligawry instrumenu of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such insWments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and conFinri This Power of Attorney is made and executed pursuant to and by authority of the By -law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corponie seal to be hereto affixed on this 27th day of May. 2009. WESTERN SURETY COMPANY yvacrYr• M�o •°tV °s Paul . BruOat, Senior Vice President State of South Dakota ss County of M innchaha On this 27th day of Mav, 2009, before me personally came Paul T. Bmfla4 to me known, who, being by me duly sworn, did depose and say. that he resides in the City of Sioux Falls. Slate of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrmnent; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowkdges same to be the act and deed of said coronation. My commission expires • " +`• ++++ + + +• +•••••••••• D. KRELL November 30, 2012 "(RL NOTARY PUBLIC�V" I SOUTH DAKOTA — a D Krell, NoTity Public CERTIFICATE: I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hcmnabove set forth is still in force, and further certify that the By -Law of the corporation printed! on the reverse hereof is still in face. In 1a� Eimony whereof I have hereunto subscribed my name and affixed the seat of the said corporation this 17th dayof_ September 2009 WESTERN SURETY COMPANY o�,•aa�>r °s ��_rrrrFFFF L. Nelson, Assistant Secretary Form F4280 09-06 ACKNOWLEDGMENT ................................................ ............................... State of California County of ss, On s/�c♦ 22, 2009 e(ore me, Notary Public, personally appeared ��i vL _ E.. ,. /� ✓ i'� s who proved to me on the basis of satisfactory evidence to be the person(e) whose name( is /a*e subscribed to the within instrument and acknowledged to me that he /s#eA4" executed the same in hislhe4#''e4 authorized capactty(iea), and that by hislheN14eir signatures(&) on the instrument the person(&), or the entity upon behalf of which the personW acted. executed the instrument. I certify under PENALTY OF PERJURY unde, the laws of the State of California that !.ne foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigrature tOMi !. CaneUlulo . • 10712" 10fty nreto - C 000M tan 4N 0000 Caurdp IWCMM tlPtt�tMaYtV, 701 %Cn. ................................................ .............................., OPTIONAL INFORMATION Date of Document �7 /�P>Y..t%J / ThwnJpr nt of S�gne• yve o• Tube of Docc'ilen' As I �UYI. el Ncmoer of Pages in Doccmer! Doc✓•-enl na Fore 9-1 _aoguage ilf Type of Sal sfactory Fviderce. ✓ Personally Knowr with Paper ❑c ^tiCcat n Pape, Ider:.f,cat.cr Cred b'e bVit gess(es: Capacity of S gce, Trustee Powc' of Altor. -ev O/COO residea; vice -Pies dent.; Seuet:;fy : Treasurer Other ;n'ormation: 7 �1 C ^ec� rere in r, -ca w �• 'irgerrnn; s a' +a..aGle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of ail subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractors not listed. the Contractor represents that heishe is fully qualified to and will be responsiole for performing that oortion of :he work. Substitution of subcontractors shall be made only in accordance with State aw 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 :he 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 w't.h prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information © ". item Description of Work '/1 e` __.. NuTbr otal Bitl Vame Address. 'rcre Sca7c _1cenge Nun'be Name. A:!l:ress Scale License Nombei NaTe A(`dress ,One Ste'e _ice•rse Numbe• ASSor.C,i PAS, . re,4f, inryi.e. Bidder Au!horized Signature tle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name 66SBc•aAJ PAC• `Q SAc, 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 MOSS 1r67 f�..��A•� :5�� •r C P�ac', �a Protect Description QEp!ucT' =�� ��e S Lr pct e42 Approx - mate Construction Dates From aco To jiCe Agency Name Moss lrt �6 6e- b, S& � C Y Contact Person Ker. Sc'[0,6 — elepnore (43l) Origical Contract Arrow $(j! OOOFinai COnlrac: A n urt S If final amount is d fterent from original olease exola r (charge orce•s, ex!ra work. elc Did you `ile any claims aga rst :F.e Agency? Did the Agency f le any claims agairst ycu.'Cortractor) If yes. briefly explain and indicate outcome of claims. 9 No. 2 ProjectNamefNumber fAa(io bm Project Description Approximate Construction Dates: From g /ZOOS To: Thf12- Agency Name tAQ(Er, A,- 01; K'( T Contact Person R;( A10.e(� Telephone Orig nal Contract Amount $ ( OO Final Contract Amount 5 If final amount s different from original, please explain (change orders, extra work, etc.) Culn" e (AeCS . Did you file any c'aims against the Agency? Did the Agency file any claims against %IOU/Contractor? If yes, briefly explain and indicate outcome of claims. o No. 3 ProjectName/Number F;SN.o P.Q'-f Pro(ec' Description Ascr- Approx ;mate Construction Dates: Frc^Q�To. �I�g Agency Name Q:S.v p OZSC� �.t` C V'-'�tR k`3 - — Contact Persor �cfAr- C6.: Sn Telepnore ;QOs722� - -iO3 :_ Ongira Contract /Amount Sj-�Coo Final Contract Amount S `'30(DM If fina' ar^o v is afferent from original. pease exnlair ( change orders extra wo:k, er:.i Did you f e any claims against the Agency's Did the Agency `ile any cla;.ms agains' you,'Contra=r? If yes, br efly explain and ind cafe outcome of clams 0 10 No. 4 �� Project Name /Number ' p�L.Cti Project Description Ot, `IA,0. :t Q.erA. j.lt +`. © ex- A c c rS Approximate Construction Dates: From 3 o� „ _To: Agency Name Contact Person L-' jr` Qr..„c` Telephone (94f) N47- 0712 Original Contract Amount $ 2V -1_rFina; Contract Amourl $ (1o00 If final amount is different from original, please explain (change orders. extra work, etc.) i•�Q.�R Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 p ( Project NameiNumber 5r=�� ._, Dos lolSc ^ MC -C �- Project Description a;o. _e� Sire_ Approximate Construction Dates From r�� I %� _To:_ Agency Name. � e Contact Person L> cL Sawa s I2. Telephore ;40,�J Ongiral Contrac; Amount $ y04jcQ4Final Contract Amount S y S c 00 If fina! amount s d fferen from c-iginal. please exclair (change orders. extra wor K. e'c Did you file any claims against the Agency? D c 'he Agency `i e any cia:rrs against you?Contractor? If yes, briefly explain and nd,cate oL tccme of claims No. 6 Project Name /Number _ (A& _ t ! JJ Project Description!! 2S e o Se � e( ©,-) {- o- 1 1 ; ^ ✓t �C17.E te_: Approximate Construction Dates: From 3(7 pD Sz To: L�1]2-00 Agency Name HO.J42fie4 LdJQ ( l oU' n -, (e. No 1 l�e'c Contact Person e r C *o Z�� ��Telephone Original Contract Amount StaS,600Final Contract Amount S b S,O OO 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 Cortractor sha;l attach a financial statement and other information sufficiently comprenenstve to permit an appraisal of the C tractor's current financial conditions. n�u'4 G1 •Z C �OnS�'i c;C rS,SK., `� � k- B-dder Aut cr zed Siynaty 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 NON - COLLUSION AFFIDAVIT State o` California . ) S9U Lars ) ss Courty of 0,6'.6 ea-) RUC L`. �ii�l /✓ being first duly S)vo•r, c boss and salts, l.nnat he or she s trSi of aG;U �wel 2=101- Ugy!rthe parry making the foregoing bid: that the b:d is not made in the interest of, or on beha.f of, ary undisclosed person, partnersnio, company, associat.on, organization, or corporation; tnat :he Did s genuine and not collusive or snam. 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, orgarization, or corporation; that the bid is ger.u.ne and rot collusive or sham, that the bidder has not direct y or indi•ectly induced or solicited any otner bidder to put it a false or sham bid, and has not directly or indirectly col udec, conspired, connived. or agreed with any bidder or anyone else to put in a sham b:d, or that anyone shall refrain from bidding. that the bidder has not in any marine,, directly or indirectly. sought by agreemert, communication, or conference with anyone to fix the bid price of the bidder or any otner bidder. or to f.x any overhead. profit. or cost element of the oid price, or of that of any otner b.eder, or to sec: :re any advanlage against :he pub ic body awarding the contract of aryone nterested it the proposed contract: tnal all statements corta.ned .r the bid are :,.ie; and, further. that t.ne b dder has not. drecty or indirectly. subrn e n. ed h s or her o c or ce or any breakdown ;hereof. or the contents hereof, or d vulged mformat oc or data relative thereto, or paid, and e I. not pay. any `ee to a ^y co•ooratior partnersnip, company associatior orgar.zanon bid cepostory. or to ary member or agert thereof to effectuate a col usive cr sham bid. � I declare under penalty o` cerjury of tt•e laws of the State of Californa Ifie, fgregepgy5 t•.,e anc correct. �SSoua�r���_ar.�iG' (�AS1S'uc7s+� �G� Bidder Authorized S'gnature'Tlt e Subscr bea and sworn to (o, aff r red}Lbefore me or this aQz day of 1v �Eni 2909 by 4�� 1 /V 7A is U/c,. personally known :c me or orovec to me on tie bass of satis`actory evidence to be the person(s) whc appeared defo•e me I cert `y under PENALTY OF PER.iUR" under the laws o` ;he Stale of Ca: fornia that the foregoirg paragraph is true ana correct. Notary P ibl c ;SEAL] 1 ti camtMtana ia►zw WAM RM - camoetlo smn Nr ONVO CaNp 1611111111111F C+mwn 9"UMer29.30 My Ccmmission E %p res: � Z9 ZO /U CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of-5&j 4//j 46"r d On & J�2+Zq iefore me, 17Y�/ / ✓� /� _. D/ (Here nnscn name and Yd nl'the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hisrherltheir authorized capacity(ies), and that by his;her/their signature(s) on the instrument the persorl or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNIiSS my hand and official seal. signature of Notary Public aonit �. t1JDYYlP. Ca Canntlwon ♦ 1671209 Notary h6h • CaMOeUo ,MLuk Obispo C&AW MyCOrtnk 6pbt Wet 29.201 i \'uUry Scall ADDITIONAL OPTIONAL INFORMATION' DESCRIP'f1ON 0F'I'HE:ATTACHED DOCUMFvNT e,✓ -. CJI�s�I iQ4✓ ('Title or description of attached document) (Tide or description of attached doct enntmu 1 fyZ Number of Pages / Document Date / Z (Additional infxnrnatiun) CAPACITY CLAIMED BY THF. SIGNER Individual (s) !',Co irate Off i " r _W �T I'1'itlt) C Partner(s) C Attorney -in -Fact C 'I'rustee(s) C Other _ _ 2008 /'canon CAPA vl :.Ill.n: MI-87 1-9865 %�,NuwryClasscs tam INSTRUCTIONS FOR COMPLETING THIS FORM .ant ucknnwlrdgmen/ enmplered in Califi,mia mart contain oerhiage emctl}. m appears ahn:e in the "'any secnan or a separate ucknu.•kQRmvw Jam mull N- proper/•: completed and ait...'hed to that do'unienr. The nar ea'epunn 6' J a dnrument is ro he recorded nnl.rrcle q1 (ah. ,ua. !n sash iaslam es, anc alrernom e acknaodedgmenr verbrage ai mat N• printed nn such a dex-nmene so f mR as rile +erhrage doe,e not require dre nnran to do rnmelhig( that is illegal Mr a mart). in (Cuhlonma tie.. , erali ote the authorized cuparrp- if the n�gnert Please <he<'k the deuum <nt furefrdlr lnr proper notarial nvrtling and nUach /lies (arm i('reluired. • State and Counry infomuuon must b< the State and ('aunty where the document signers) personally appeared hcfure the notary public for acknowledgment. n • Date of nutari/atw must be the date that the signrn s) personally appeared which most also be the sane date Otc acknowledgment is completed. • I'he notary public must print his or her name a it aprkars within his or her commission followed by a comma and then your title (notary public). • Print the name(el of ducuntan signcrlsl who per.onany appear at the time of nutanrdion. • Indicate the correct singular or plural fomu by crossing off Incorrect forms tic. he,.hc thuyi- a rare ) ox circling the correct fortes. Failure o corrcaly mdicmc thin information may (cad to rejection of document recording • The notary seal impression must be clear and photographically rproduciblc. Impression most not curer text or lines. It seal impression snmdges, re -seal if a sufficient area permits. otherwise connpl ve a different acknowledgment firm. • Signature of the notary public must match the signature on file a'uh the onicc of the county clerk Additional intuinatiun is not required but could help to ensure this acknowledgment is not misused or attach d to a different document. Indicate title or type ofavached document, numher of pages and date. Indicate the capacity claimed by the siEmcr If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, secretary). • Securely anach this oheuntent to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 DESIGNATION OF SURETIES Bidders name 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): —CZ t/lJ�t'1 �I1.R ? /n.r%T.c- __�Su ✓l.�a [G �e /(�G�� lleoi 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Recorc Cu— rr�Record Record Record Record Record r Year of for for for for for Record 2008 2007 2006 2005 2004 I Total _ 2009 _ _ No. of contracts —t 1;2 141 Tota: dollar — Amount of Contracts (in G SI Thousands of $L 7C 3 3�i /� i 6 No. of fatalities GO_ $_ N& f f No ost _ — or Cases 13 Ifo I/, V3 6, y 2 /S: 3,Gf7 3z, 2o71 .7 Nc. of lost workday cases i involvng permanent transfer to another Ico or termination o:` eloymerl _ The ;nformation required for these items is the sage as rc(,ui -ed for co.umns 3 to o. Coce 10. Occupational In;uries. Summary -- Occupational Inlu,ies and Illnesses. OSHA No. 102. -5 Legal Business Name of Bidder Business Address: 19s £._zl grs�s�. Mor(G [H 93yy� Business Tel. No.: State Contractor's License No. and Classification: 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 those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date _ Title ryt.6y ��� ZDa� ✓ 21 Z.ra9 - -- If bidder is an individual, name and signature of indiv.dual must be prov:ded, and, if he is doing business under a fictitious name, the fict.t:ous 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 oartnersijoint ventures or of fewer than all of the partners /joint ventures if submitted wifh evidence of authority to act on behalf of the partnership. %joint venture If bidders a corporation, legal narr.e of corporation must be provided. followed by notari/ed signatures of 'he corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or ,orporation officers must be ackno.vledged before a Notary Public, who must certify that such parners /joint venturers. o• 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 !ts bylaws or a resolution of its Board of Directors 1 E CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On 22 2669 before me, _ r I Here msc n name ad:I .�f Ih. olFccf: personally appeared PL4J I— �. who proved to me on the basis of satisfactory evidence to be the personhrl whose name(e,) isratilac subscribed to the within instrument and acknowledged to me that he.'site.tfiey executed the same in his.her.tlTeir authorized capacity(+e4), and that by his ;hoe their signature(tst-) on the instrument tae perso41 or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r S:gnarure of Noun' Pubhe 90tM1 A W li C amt ltron 1 14714M NOW "aft - COMMM �Lub 00WID hVC*"m*q0"=May29. Nnrar; k,:, ADDITIONAL. OPTIONAL INFORMATION OF.SCRIPTION OF 1'HF. ATTACHL•D D(X:GMFN "I' -a d JaJ.- f I tc or deccr:ptQnn of attached AAaeumenr) ~� ri ?> of at n1 :4 e IIIr.1e /Pw Number of Page; Z Docurnenl Date�/4?49 1rdr weal inlum:m:url CAPACI'IN CLAIMED BY THE. SIGNER Indicldual lit Am�r Ste Officer Thiel Partner) s l Attorney -In -Fact J Frusteelst Other _ 2041A V :r,or. CAP :\ a1_' 100' Sno.t7 1.43Pi auu Numni ass,, cot.: INSTRL'C -IONS FOR COMPLETING I HIS FOILM !nr wkmo,leagment ..•nnpineJ :,, i :n;hrrnt✓ mus: nmtaw :e h,oze tnn'rry a, :rprcdn abu.r !n fire +or :vv ;count :,r :r 11p":11e ae'Rnu,.ledgmrm coon ma.;t t, p -pe, -I c omp.wied .. d avo, rptl ... that iurumen/ The unit - .vz,ruvm do' umenr H nl be re: ". d:d.... (:rLron! :o In sn, h ve.,lanr.,v mn :r: r.rrnntrr It a; h,, p,onea nn ;rah or "-,,mew .r lauy a, the• '•'erbra4, :Ines not rtprrt :ire na:an- m do .omerhmq /hot s dk¢al s.r a nolor.:,, C "I yu,mo •_e c,•rttl, I' d¢• aalhorc,xl r :rpu. IV" "I fro :rw.rl P!rzrc .:hr.A the lw umimf far" ;r :•,",wl : .... Jiny :md rua, 6;n,s rirnn:!,,,wrtcd. • Swle and Cuunty u:0nnat.un must oe :h, mute and ( -ounly whr,, :h, i,,cgM.C'nl ; :gncn if perNxa..'. I .cared oe tor- the nary ptoltc fur auBnuwkc4ittent. It nvc of raun,at or. m..,t x the Svc that ttc agn,rta ecmona.:-v a: %wared '•,htch mu: also is the u:r: data Ihr aeknuwlec;;mem _. compi,ed. • rh: nolan' nuhLC 'u:il oru•.t h,i or ha name as n npoem it., or her .orllmis%!on ro .owc.1 v: a :.'wma and thcr. •lnur ll(le woiar puzi • I'nnt :he ramclsi c' ava:rcr.t agncrtsl who xnunary apxar a: Itc um, .•i rota) J1.V11. • In<2cate th, correct ungul car rr piuril lorCt, n :rn;;:ng oft mLonccl tone ia. the rho- . is aw or a¢la.g tic comet fur:ns FJdur, to eurrcah md¢.na this rtor nneon :r"' :ca: to r- ytcuur or ducunient rc:ur :hcg • 1'hc notan saa: r.. °.l,c,, :nn mrst he dear and nhontraphical i rcpndurhl; impression :oust no w%z:r t_xt or tt:cs fl seat .mpr:sh:t)n ,mucg :s. I. oral da niffic:ent area perm *i. imcr,. Ue ulmpi:tc J dtlTCfent ackno iedga:edt form. • Signa¢rrc of the nut_rc puhde must match. !t, Q:;rann. on I:I: N[It :hC 'itrki it the cuunn z.erk. :\dd:aonal nl,=.auuc :; not raywrtd ±cat could hdn In cnsur, Ih:a acknow 1;,1¢ -:mm s not misused or Jttaeh.c to a ::((,Fall dxwnenl. e. Indicalc cd, Jr rvx or attached aauoncnt. number ur page, and dale . Indicate th, ca wu, %: %umcd by the qna. Ir lit. claimed eapacary ti a :mpordw ni'iccr. imacat: thr:.:l: I, C FO. (TO. Seeman t • S curcic attach :his .ocullent Sl the ugnaA dncu^mnt CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 ACKNOWLEDGEMENT OF ADDENDA Bidders name!�SSCC:a�Fd� The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No Date Received a n t e I 17 09/25/2009 FRI 10:32 FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA PIER EMERGENCY REPARS CONTRACT NO 4JP" DATE: / — 0 6 BY: City Engineer TO: ALL PLANHOLDERS ®002/003 Page: 1 of 2 The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Revise Items as shown below. Item No. 3 Repair Damaged Pier Pile Cap: Work under this Rem shall include the repair of the damaged pile cap with epoxy, clamp, and all other work items as required to complete the work in place. Epoxy shall be forced into the existing cracks on each side, approximately 3 -feet long, above the broken pile. A clamp consisting of two Y4 -inch galvanized steel plates, approximately 12- inches long X 17- inches wide (assuming a 14 -inch wide pile cap), in a square pattern shall be installed above and below the pile cap on each side of the pile. Four 518 -inch galvanized steel bolts, nuts, and washers will be installed through the plates in a square four bolt pattern (approximately a 16 -Inch wide X 11 -inch long pattern) allowing the bolts to be installed on both sides of the pile cap. Contractor shall submit a shop drawing for the Engineer's approval. Item No. 4 Install new 14 -Inch Pier Pile: work under this Rem shall include the installation of a prewrapped pressure treated with Ammoniacal Copper Zinc Arsenate (ACZA) and Creosote, 75 -foot long, 14 -inch diameter pile including all related hardware, and all other work items as required to complete the work in place. Item No. 5 Remove Damaged Cross Bracings and Install New Cross Bracings: Work under this item shall include the removal of approximately 8 (eight) damaged cross bracings, 19 feet long, 4 damaged cross bracings, 26 feet long, and hardware, the installation of new pressure treated cross bracings and galvanized steel hardware, and all other work items as required to complete the work in place for bents 31 to 34 for an estimated total of 12 (twelve) bracings. f: WserstptiMsharedlcontraclsity 09- 101Galooe pier emergeny repairs c- 43264ddendum no t.doc RECEIVED 09- 25 -'09 10:26 FROM- TO- ASSOCIATED PACIFIC P0002/0003 09/25/2009 FRI 10:32 FAX Add to these Sections: 0003/nn3 Page: 2 of 2 Section 205 -1 TIMBER Section 205 -1.1 General. All materials are to be new and shall be furnished by the contractor in conformance with the drawings and as specified herein. Certifications of compliance for pressure treatment, with Ammonical Copper Zinc Aresenate (ACZA) and Creosote, shall be submitted for approval prior to acceptance of piling. Furnish and install pressure- treated, with Ammonical Copper Zinc Aresenate (ACZA) and creosote, round timber piling as specified herein and as shown on the drawings. All pilings under these specifications shall be Pacific Coast Douglas Fir piles for Marine use and shall be in conformance with these specifications and with ASTM 0-25. The Contractor shall have the piling delivered and unloaded at the Balboa Pier. The piling shall have proper tags and documentation attached. The pile shall be covered with pile covers prior to driving as shown on the drawings and as specified herein. All piles shall have 4 steel bands applied after being treated The bands shall be in 1.5 inches wide 0.31 inch thick cold rolled steel, fully heat treated, painted and waxed. The strap shall be located at 24 inches. 18 inches and 12 inches from the butt end and 12 inches from the tip end. Section 206 -1.1.4 Preservative Treatment. General. In addition to meeting the physical requirements specified, all pilings under this specification shall be pressure- treated with Ammoniacal Copper Zinc Arsenate (ACZA) and Creosote in accordance with APWA UC58 Standards for Marine Piles. Section 206 -1.6 Pile Wrap. Inner pile wrap shall be 20 mil Polyethylene containing no reprocessed resin. Outer wrap shall be Seashield Series 160 HOPE 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. Pile wrap shell be attached with minimum 20 penny stainless steel mails and stainless steel washers as approved by the Engineer. Pile shall be wrapped to a minimum of 3 -feet below the mudline and approximately 8 -feet above the M.L.L.W. Datum, approximately 33 -feet in continuous length. Bidders must sign this Addendum No. 1 and attach it to the Revised 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 Revised Proposal. �. Qc', c ( � .,S�c.,<'�o�. � ,ter . Bidder's Name (Please Print) f.wserstpbw\sharedtcontracts\ty 09- 101balboa pier emergeny repairs c- 4326\addendum no t.doc RECEIVED 09- 25 -'09 10:26 FROM- TO- ASSOCIATED PACIFIC P0003/0003 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 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: Ay oc JeA Pack c Cons�(�Abks, �< - Business Address: 'i9S Cry,bo ac zJ ern , Morro i3 -U . (A R3gy% Telephone and Fax Number: qos - 777.- 7-1-7)- Fn V, Q S903 California State Contractor's License No. and Class - A (REQUIRED AT TIME OF AWARD) Original Date Issued: JI /3/ JgS0 Expiration Date: I W-'�01 X10 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in tnese contract documents, M: ke. Mnr6i'. &A �oj Afn lQ (r- \.2 r reo- d o aaer 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 princiaal interest in this proposal Name Title Address Telephone QNLE. ',��e PreSder� `i9s e red, Igo .(-fp& -;3Y -5 AS 93y4)- Corporation organized under the laws of the State of _CG('iorn',a 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: �)o _e All company, corporate. or fictitious business names used by any principal having interest in this proposal are as follows: /il -S06111111 �1..+ OetL.I /eC 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: Briefly summarize the parties' claims and defenses, Nc,,. Have ycu ever had a contract terminated by the owner!agency? If so. explain. Have you ever failed to comple!e a project? If so. explain. NQ For any projects you have been involved wt',, 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 ' o Are any claims or actions unresolved or outstanding' Yes No 9 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. Assoc,. kkj P,: c Cr�54rur4a y T c Bidder Pay( E. G.11er, (Print na of Owner or President of Corpora on771. Authoriz d Signature. le Title zL Date On Skmhel- 2211afore me, vi._. %4(i��i✓ 4 Notary Public. personally appeared � L - C_.Gi /�r✓ r�S /� ✓tc�� who proved to me on the basis of satisfactory evidence to be the person(.4 whose name(.) is/ace subscribed to the within instrument and acknowledged to me that he.rskeft tey executed the same in his'!N*_ the+r authorized capacity(ies), and that by his- :ef*eir signature(.} on the instrument the person(.), or the entity upon behalf of wh.ch the person(.-) acted, executed the '.nstrurnent. I certify under PENALTY OF PERJURY under the laws of the State of California tnat the foregoing paragraph is true and correct. P;ITNESS my nano and off vial sea _ � Notary Public in and for said State My Cornrnissior. Expires /n4l Z 16 40fU� ,!. 11I01MIG (SEAL) 0 1671,W CaronYo burwdp- o Cas0y WIPCbe�nI116*NMgr29,4pt 20 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County ofsa " /3 ljbr before me, personally appeared Insert nano 3 M ndc at the 40 who proved to me on the basis of satisfactory evidence to be the personh) whose name(44 israri► subscribed to the within instrument and acknowledged to me that he ;shut# ay executed the same in his.'herihei authorized capacity(ies-), and that by his /h,rwt4eiF signature(H on the instrument the person(.•a, or the entity upon behalf of which the personF;) 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. t1 UVAU CoeMtlrron 0 I e7120i W'i•FNl':SS my hand and official seal. Wu Notaynm- Carotno w Dort*► ever tlltq sv, 2 S�tum: of ]Duly ptml:c i Nolan' $,a, l ADDITIONAL OPTIONAL INFORMATION DLSCRIIP'I'ION OF TIIL A t °I' CI11'.D /UOCI:\IENT �arz7Va*�1•�S.�i�f ,T,II' �or de.. r:puon of attached dxt.mt� ±4 P� or de >cnprnn of auzchcJ eu:nent 'onun '1t \wnber of Pages � Doitlrrleni Date / 4_l __.. __. ..- :: kUdlaUCal Inl'or ^.•.actor: CAPACITY CLAI\,IFD B Y T I IL SIGNER -- Indiridual(s) Corp )rate Otticer 111dci Partner(s) 1 Atiomey -In -I act Trustee(,) Other _I)lld C,nnre (' 41'> e l' IV •l- 31J(1- d'}.ygni wsvu \otan4' ;asacsgom INSTRLC: IONS FOR C'OMPLET'ING MIS FOKNI Ins .rr knu,r7cJgnrty .m:p;eted :n (' ✓iabr'mu must .nrrmm uv6 ;cgr. eatdt as appear 'r ,rhpre :n the av,rn x:!:un !.r :r iapara!e ✓, kntn,'ie< /gmcrt; arm mu. 9e pnq:er!•. :;:mple'ed ¢':d .:trot oc:! :a their doirnnem. The' :ml'r n if ✓ dal umenr : S « r N: r.v r l: •:r 'V/"d, "I i }•i /nrma. !rt an h :nrram vs, :rnv d'rrrortra• urkm•v.lcJemen( uvAt :Y: ,t, ma: x' p %wfed •nr au h a dnt'amunr ,.e !Doti u.t the t rrAurge lnea nu! le,li the nnr✓r ;.: Ju vrmerlrate !hut :s :(leeui :... a .... wm :o ( a.N6 wrtr :ire author¢,,! :apui :n vl !rte tarter: Marc ,he•:k the :Ia, umeo: urretrdl c !o% o %r'I;" , e,,h rq ww ✓aa: h !h:,i form d : olwn.•d • itate and (.curry :nwm:atwn :nLnr 'T: dtc iuw and County where the Jocumcmt i:gn.,n it pcnon•dl, :ppcarcd xlvrc the :wwa - pubhe fur ickno,•':ce_nrcm. • Datc .)f not anrtuon ::uP he th.: date that 01Z agnen i I persona.`.}' appaared M;,ch nium alto x the ',a,, c oat, the: icl:row'c,:gmcm !i complctttt. • ncc rutan' pchl.c nua print hI> or 1w rt,m% is .t appcao w':m.n his or her Cp111:-..i>Wr. to -ot,c 1 h': A:0:!:!na Jr.G Then "Jul 1.11Z :.01or, DOE., . • I'mit the namel,t o •..¢:anent agnrrri, who persona; ), aopcir :n ih, mm, or Ihnar:Fal:OR. • Imilcalc the cnrr:rt •year it plum. torms by :roi;:ng ;)If wcorc:a titma> he ,he!1wf -li trra or ercl:ng the Correa ram:. 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Seeman( • incurz e auach.. thn ; we .nicni to the i gned .tmcumcm CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Er.gineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on 'he "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 t.he:r cortent 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 Fa trfu: Performance Bond shall be issued by an insurance o,ganizat.on or surety (1) cu•,erlly author-zed by the Insurance Commissicrer :o transact business of irsurance :n the State of Cahfor•ra. and (2; listed as an acceptable surety �r t"e 'alest evision of the Federa Register Cirr -.J r 57;; Pursuant to Public Contract Coue Seclicn 22300. aopropriate sec.ir.,:es may be subs:i!u:ed to" any monies :c be ,.-4 t�heid to ensj,e performance ender .he CCn:ra(;l In$Grarce COn'panies of orclog coverage s ^a' be 1 ) cur`ently au:honzed by the ;nsura,lce Cor•missone., :c Ira: sacl busress of insurance it :he Sate of California. and i2) assig ^ed Po icyholders' Ratinc A (or higher) and �:inarcial S,ze Category Gass VII 'or argeri in accorcance %vith the iciest edition: of Best's Kev Rama Gwde Proce"ty- Casualty Ccverages shall be provided as specified in the Standard SDecif:caFons for Public Works Construct.oc. except as mocifred by the Special Provsiors. Certif cafes of Insurance ane additional insuree endorsements sha'I be on the insurance comDarys forms. f;,,y executed and dehverea vii!h the Cort, act. It :e ^olice to Proceed w.I' not be .ssuec until ail certact docurr.en:s have peen received and apD•oved Dy :he City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 CONTRACT THIS AGREEMENT, entered into this 1,day of 0& , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Associated Pacific Constructors, Inc., 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: BALBOA PIER EMERGENCY REPAIRS The work necessary for the completion of this contract consists of removing a damaged pile and related hardware. installation of a new pile and related hardware, replacing damaged and or missing cross bracings, hardware, etc, 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. 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: Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4326, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments there!o (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. 22 C COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Fifty -Nine Thousand, Nine Hundred and 001100 Dollars ($59,900.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et sec.). 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 CONTRACTOR City of Newport Beach Associated Pacific Constructors, Inc Public Works Department 495 Embaracadero 3300 Newport Boulevard Morro Bay, CA 93442 Newport Beach, CA 92663 805 - 772 -7472 Attention: Stephen J. Luy 805 - 772 -5803 Fax ro,tg) 6`14- 3330 INSURANCE Without limiting Contractors indemnification of City, and rip or to Commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coveraqe. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractors employees. Any notice of cancellation or non - renewal of all Workers Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b General Liability Coverage, Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1.000,000) per occurrence for bodily injury, personal injury, and property darnage, including without limitation. contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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 inderrnnificationrhold harmless provision contained in this Contract The Glsu.0; shall agree to /valve ail rights of subrogatlC❑ against C,ty, Its elected or appointed officers. agents. officials. employees and volunteers for losses arising from work performed by Contractor for City b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 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. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any 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 darnages, 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 improner 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. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: CITY OF PORT BE A Muni ' Cor on By CITY CLERK 04 NSVVP�Q� Mayor _h r APPROVED AS TO FORM: c9. ; ASSOCIATED P CIFIC CONSTRUCTORS,INC. NP, By: !rx My e D. auc (Corporate Offic r) Assistant City Attorne / Title: � /�S�c�i°Kr I Print Name- LAC• ��>�lJ By. //(Financi al Offic r) Title: r /r / Irfe A// ;d #f 44, Print Name: d1•- Z--. belle✓ Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 BOND NO. 58667801 LABOR AND MATERIALS PAYMENT BOND WI IEREAS. the City Council of the City of Newport Beach, State of California, by motion ii,*,; Zwmi wi In Associated Pacific Constructors, Inc., hereinafter designated as the '1­36"Upal,' a contract for construction of BALBOA PIER EMERGENCY REPAIRS, Contract No. 4326 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and ntner Contract Documents in the office of the Public Works Department of the City of Newport Reach, all of which are incorporated herein by this reference WHEREAS. Principal has executed or is about to execute Contract No. 4326 and the ;Orms tnereof require the lurnisning of a bond, providing that if Principal or any of Principal's subcontractors, strall 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 Ilreroon of dny kind, the Surely on this bond will pay the same to the extent hereinafter set forth: NOW. THEREFORE, Vf: the undersigned Principal, and, Western Surety Company duly authorized to transact bu „ness under the laws of the Slate of California, as Surely, (referred to herein as "Surely ") are held firmly bound unto the City of Newport Beach, in the sum of Fifty -Nine Thousand, Nine Hundred and 001100 Dollars ($59,900.00) lawful money of the United States of America, said Sinn 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 hers, 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 Surely will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations enti!led to file claims under Section 3181 of the California Civil Code so as to give aright of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with ;he wovisions 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 lime. alterations or additions to the terms of the Contract or to the work to be performed [hereunder 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, I i fly �; vr• :I II al )IrnV :)IIIo U . '31 n!)OVe n.vnfd eCerul(t(t irus Band as an individual, it is v; Ih.1i I'..: i• ,il 1 nl ,) -)y -;girl: pnnGllp; shall nol crunera[e the Surety iron) its obligations d)MY .III!; hq::;) IN WITNESS WHEREOF, this instrument has been duly executed by the above named Pr- nc)pal and Surely. on the 6th day of October 2009. Associated Pacific Constructors, Inc. :Pnn:ip; l) Western Surety Company Narne of Surety 6300 Canoga Ave., Ste. 115UW Woodland Hills, CA 91367 Address of Surety 818 713 -2031 Telephone Auth iced Sigqppat /�I`le p / �6u/L C. / / /rv✓/ T ia'.� /a�ic.i Authorized Agent ignature Shirley Littell- Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 "SEE NOTARY ACKNOWLEDGMENT ATTACHED" ACKNOWLEDGMENT ............................... ............................... M ............... . State of California County of } ss oft before me. Notary Public. personally appeared /' _ _... _ who Droved to me on the basis of satisfactory evidence In he th person(s) whose name(s) islare :;•c ;:a i ;L:: wqhir msimmenl and acknowledged lo, a that he/she/they executed the In:al:a nr.,I c:e (.1er5011l.$). Of the entity upon behalf of w1bich the person(s) acted• executed the I ceruly unoel Pf-NAL I Y OF PERJURY under the flaws of the Stale of California that the loregoing paragraph Is I(UC and correct /• V111 NESS niv hand and official seal. / Signature / (teal) ............................ . ................. ..............................• OPTIONAL INFORMATION Oa;r, c' Duc.mlent 1 ype ul 1 Isle IA Oor.0 Number of Pages in I ype of Sa"siacrury cvlUCnce. Persona: y Kno.yc wiln Paper Identification -Paper Idenulit ;#on Credible WilrIkrss(es) Capacity of Signet.. 1 reslee f _ -- Powe, ojAlli rney CEOf^FOiCOO President 1 Vice- President I Secretary /'Treasurer OR,PJ �lillef IIIf f0'I a!IOn 30 Thumbprint of Signer I i 0 Check here it no Ihumliwinl or f Nofprint ,s availatne. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Ventura On Oct. 6, 2009 beforeme, Janet Burton, No?, P�/s/�c. Data — Here If@B Name arq TNe 01 me Oflcx personally appeared Shirley L i t t e l l 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 persori or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Zl l C Rao Nola, Seal aM'Or $lamp Arove Sgrmtve of Hdery PVDat OPTIONAL Though the Information below is not required by law, it may prove valuable to persons reirng 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: Labor and Material Payment Bond Document Date: October 6, 2009 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name J Corporate Officer — Title(s): J Individual Partner — - Limited - General Top of Iqumr, he-e %X Attorney in Fact 7_ Trustee 17- Guardian or Conservator 1- other: Signer Is Representing - Western Surety Comps y Signer's Name: Corporate Officer — Title(s): L. Individual L . Partner — 7 Limited - General L Attorney in Fad r- Trustee f-. Guardian or Conservator -. Other: Signer Is Representing: . _.. _... _ Iop c' thv,10 Sete 02008 Noma NOlary AySppa .8350 De $010 Ave. P 0 90. 2A02 •Glwtsw . CA 91313 2402 •. Nea0nai"a'y 01g aBR a5W7 Pl , Cal TdtFina t e06e768827 ACKNOWLEDGMENT ........................ ........................•...... a....................... State of Cali rnia County of //a:^ Zd /S OD Iss. On 0[161%X/ before me, O ,6is, _T.Z,,,-41,9 , Notary Public, personally appeared Lt ri4 E• i//t�✓ ,who proved to me on the basis of satisfactory evidence to be the person(s.) whose name(* is/are- subscribed to the within instrument and acknowledged to me that he /steel" executed the same in his /her /their= authorized capacity(+ee), and that by his /per /their signatures(e) on the instrument the person(s), or the entity upon behalf of which the person(.O acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ROOM J. LUDWIG ConrnkliMn / 1671299 Notary 111tDIC • Coftwila tfoo tub OCYpo COW" ' INTWCORTMIll Mar 29.201 Signature (seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO /CFO /COO President I Vice - President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer � 1 ❑ Check here if rq thumbprint or fingerprint is available Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Krrow All Mn By Tien Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly orgammd and existing corpomoon having its principal offs in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Anomey(s )-in -Fact with full power and authority hereby confirmed to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory insuumcris of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such btsuurnents were signed by a duly authorized officer of the corporation and all the ass of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hercuf, duly adopted, as indicated, by the shareholders of the oorporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed onthis 1st day of October, 2009. �n WESTERN SURETY COMPANY a I�r4_ Paul . Brunat, Scnim Vice Presiamt State of Sash Dakota l i7 sat County of Mnrrehahe On this Ist day of October. 2009, before me personally camie Paul T. Brutlat, to me known, who, being by me duly swam, did depose and say: that he resides in the City of Sioux Falls, Slate of South Dakota that he is the Senior Vim Prmdem of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporatim; that the seal affixed to the said imminent is such corporate seal; that it was so affixed pursueit to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be One act and deed of said corporation. Myoamnissionexpircs i D. KRELL \ /o' November 30, 2012 rr SO SOUTH DAKOTA v D. Krell, No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bercinabovc set forth is still in fora, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name arid affixed the seal of the said corporation this T t h day of October 2009 WESTERN SURETY COMPANY :27� ""� L. Nelson, Assistant Secretary Form F1280-09.06 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 BOND NO..._S8b.6_7.801 FAITHFUL PERFORMANCE, BOND The I'ne;mium charges on this Bond is S £}39.,.00_,__... r, : of :'14.40. thousand of the Contract price. WHEREAS. the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Associated Pacific Constructors, Inc., hereinafter designated as the Princiaal'. a contract for construction of BALBOA PIER EMERGENCY REPAIRS, Contract No. 4326 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 (his reference. 764.RLAS, Pnncrpal has executed or Is about to execute Contract No. 4326 and the lerms ll!creof require the furnishing of a Bond for the faithful performance of the Contract, NOW. THEREFORE. we. the Principal, and_ Western Sgrety LompAny —_ _ _ __ __...,, duly authorized to transact business under the laws of the State of Californ a as Surety (hereinafter 'Surer/'), are held and firmly bound unto the City of Newport Beach, in the: sum of Fifty -Nine Thousand, Nine Hundred and 001100 Dollars ($59,900.00) :iw1A money of the United Stales of America, said sum being equal to 100% of the estimated ,,nnnml cil 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 TI IIS OBLIGATION IS SUCH, Thal if the Principal, or the Principal's heirs. CxeCUlors. administrators, successors, or assigns, fail to abide by, and well and truly keep and peiforrn 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 riot exceeding the sum specified in this Bond, otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in Ih!s f'crformance 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 brim•, 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. I[eialuls or adddlons 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 COnvacl or to the work or to the specifications. I iw; ranh!;d i $:nrmnanr.e fioml shaji be 'WenrlHd and maintained by the Principal in lull h =: - • %e it Iwil Inr. Prifit ipal CxP.1atled this bond as an individual, it is agreed that the : .anti of any s.,ch Principal shall not exonerate the Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named. on the 6th day of October .... 20 Associated Pacific Constructors, Inc. tPrinc!palj Western Surety Company Name of Surety 6300 Canoga Ave., Ste. 115OW Woodland Hills, CA 91367 Address of Surely 818 713 -2031 Telephone l � QL7 A ooze Sign lurg le / aril E. �i/ i✓� /�S��scY- Authorized Agent Sig! -* lure Shirley Littell_= Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 3 ;; CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California — County at Ventura _ On Oct. 6, 2009 before me, Janet Burton ,Jowl- o9 ta- Hem mud Name aW TW d Me Qft e personally appeared Shirley L i t to 1 1 WITNESS my hand_aad official seal._ Signature: Hate Notary Seal 9110'0! starrq AOOre S"tum d wary W We OPTIONAL Though the information below is nor 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: F a i t h f u l Performance Bond Document Date: October 6, 2009 — Number of Pages: _... 2 Signer(s) Other Than Named Above: _ Capactty(les) Claimed by Signer(s) Signer's Name: 1 Corporate Officer — Title(s): 1 Individual 1 Partner — J Limited ; : General . Too o' r_mn sere . -,)IxAttomey in Fact 1 Trustee ! Guardian or Conservator I Other: Signer Is Representing: Western Surety Signer's Name: Corporate Officer — Title(s): _ 1 Individual I Partner — _ Limited r General Too onh.,,ib he.e I Attorney in Fact J Trustee J Guardian or Conservator J Other. Signer Is Representing: I 1.�c- c>u,•c:c,�'.cJU.�ti ti aux;..wcw.WC.�w�cn ti�c..<:.- cxc.- cx�. r-, cx.: c-!:• c<.: �.' tix, �<.: c. �' cc: cccx:<,<:, n�cnw •s:c>ux�c.�c.�x= ,,•ux�cu.•crr. J 200e Naaane•NOtary Ae9o(\aDOn•915e ae Sdu Ave.P0 eo.2a02•CMII~h.CA 913112x02- ..Naam Wta'yory Mm95907 R- o,Ow CMTwFraet- e06e1"U7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are A r' subscribed to the within instrument and acknowledged to me that he /she/they executed the same in r JiMT SMON his/her /their authorized capacity(ies), and that by Co TrTrmlon a 1 Notary Public his/her /their signature(s) on the instrument the :. ali yMytA �„yy t person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t I certify under PENALTY OF PERJURY under the r laws of the State of California that the foregoing F paragraph is true and correct. WITNESS my hand_aad official seal._ Signature: Hate Notary Seal 9110'0! starrq AOOre S"tum d wary W We OPTIONAL Though the information below is nor 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: F a i t h f u l Performance Bond Document Date: October 6, 2009 — Number of Pages: _... 2 Signer(s) Other Than Named Above: _ Capactty(les) Claimed by Signer(s) Signer's Name: 1 Corporate Officer — Title(s): 1 Individual 1 Partner — J Limited ; : General . Too o' r_mn sere . -,)IxAttomey in Fact 1 Trustee ! Guardian or Conservator I Other: Signer Is Representing: Western Surety Signer's Name: Corporate Officer — Title(s): _ 1 Individual I Partner — _ Limited r General Too onh.,,ib he.e I Attorney in Fact J Trustee J Guardian or Conservator J Other. Signer Is Representing: I 1.�c- c>u,•c:c,�'.cJU.�ti ti aux;..wcw.WC.�w�cn ti�c..<:.- cxc.- cx�. r-, cx.: c-!:• c<.: �.' tix, �<.: c. �' cc: cccx:<,<:, n�cnw •s:c>ux�c.�c.�x= ,,•ux�cu.•crr. J 200e Naaane•NOtary Ae9o(\aDOn•915e ae Sdu Ave.P0 eo.2a02•CMII~h.CA 913112x02- ..Naam Wta'yory Mm95907 R- o,Ow CMTwFraet- e06e1"U7 ACKNOWLEDGMENT ................................................ ............................... State of California County of } ss. On ,n her' 74 ZW7 before me, A>hc y , Nota ry Public, personally appeared p6u1,C 4/ 'T who proved to me on the basis of satisfactory evidence to be the person(e) whose name(&) is /are subscribed to the within instrument and acknowledged to me that he /she /9iey executed the same in his/her/their authorized capacity(♦e&), and that by his /fast /their signatures(O on the instrument the person(.&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature %�i sr .. I (seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I OPTIONAL INFORMATION Dale of Document Type or Title of Document Number of Pages in Document Docurr.cr.! :q a Fcrcig:: Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFOICOO President I Vice - President I Secretary / Treasurer Other: Other Information: 35 Thumbprint of Signer i I E] Check here if no Ihurnbponl or fingerprint is available. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY -IN -FACT Knorr All Met By These Prevents. That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing coryoration having its principal ofTim in the City of Sioux Falls, and Sim of South Dakoa, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Atonney(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and otter obligatory instrvuneres of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to tm same extent as if such instruments were signed by a duly authoraed offka of the corporation and all the acts of said Attorney, Pursuant to the authority hereby given, arc hereby ratifwdand confirmed. This Power of Attorney is made and executed punsuanl to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witocan Whereof- WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Viet President and its corporate seal to be hereto affixed ondsis In day of October, 2009 +`rye WESTERN SURETY COMPANY ^art Paul . Bruflat. Senior Vice President Stam of South Dakota County of Mumehalu On this 131 day of October, 2009, before me Personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Via President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said hnsaumcm is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and decd of said corporation. My commissionexpires " " "`•^••• "•""`••"•� D. KRELL November 70,2012 1/a`,L HODUiY PUBLIC i r aOUTR DAKOU '�v'I CERTIFICATE AI,• f D. 14x11, NoMry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hcreinabove set forth is still in force, and further artily that the By -Law of the corporation printed on the reverse hereof is still in fora. In testimony whereof I have hereunto subscribed my name and affixed the seal or the mid corporation this _ 5 t fl _day of October 2009 . ocatln'-- WESTERN SURETY COMPANY C� L. Nelson, Assistant S=r tvy Farm F4280.09-06 Client#: 157528 40ASSOCIA6 ACORD � CERTIFICATE OF LIABILITY INSURANCE 1027 09 "' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Darren D. Caesar (805) 682 -2571 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HUB Int'I Insurance Se". Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 40 East Alamar Avenue LIMAS A Santa Barbara, CA 93105 INSURERS AFFORDING COVERAGE NAIC If INSURED INSURER A: Northern Assurance Cc of Americ 38369 Associated Pacific Constructors, Inc. INSURER R National Union Fire Ins Cc Pitt 19446 Pacific Constructors, Inc. INSURER c: Netherlands Insurance Company 24171 495 Embarcadero Morro Bay, CA 93442 NSURER P $100000 NSURER E. _ 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 WTH 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. L R N R TYPE OF INSURANCE POLICY WN IER ATE POKtCYUFECnVc POUCYCYPTHATION WDOAMI LIMAS A GENERAL LIABILITY NSJH70696 10118!2009 10/1812010 EACHCC.^.URRENCE 31000000 X CCMMERCaI GCNCnh lAOyITY %r FETOREWED $100000 CLNM5 MADE OCCUR MEDEXP {M do nsor, ) $6000 PERSONAL 6ADVINXRY $1 000 000 X BIIPD Ded:5.000 P8,1 wlCrew Incl X See Remarks Section GENERAL AGCREGAVE j2-0-0-0,0-0 Pollution Liab GCNLAGGRF.GATE'L-07 APPLIES PCR PRCOUCTS- CONNOR AGG s1000000 HYJLICI' F PINT 7 LO:: C AUTOUOBILE X LIABILITY AWAU'O BA8331570 10/1812009 1011812010 COMBINED SINGLE UUIr IE.l *10 $1,000,000 HOULY RY (I>w. PNeu+) 5 ALL OAOCO AUTOS 5(:H:1lULEU AI105 X I[�.Yl�r j $ FINED AUTOS NONOVJn ED AUTG$ X PROPERIYOAMAGt (Pa A m) S GARAGE LIABILITY AVTOO._Y -Ea ACC0EN) f OTHER TINN EAACC AUTO ON. Y AGO $ —_- ANY A.J'.D S A EXCESS, WEIRELIA LIABILITY N5JH71736 1011812009 10118/2010 EACH CCCURV-:C- ;4000000 X OCCUR CLAIMS IEADE AGGREOA1r. s4 000 000 s 5 DEDUCIIS -E X L RETENTION $5000 B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY MY�PROPRETORIPARTNERIE�CU ;'VE IMindvmryN NN1CLUOEDt 5864828 WC 5864829 USLH 1010112009 10/0112009 10101/2010 10/0112010 i X WCS-AIL- iOnl EL EACH ACCIAiNT 0 000,000 ' EL OSEASS -EA EMP '_OYEF DO 51 00,000 y Sr'ECw. PROV510N5 WVx E.I f,8d5[FY)LLYLIwr .F1,DDD DDD A OTHER Rented /Hired N5JH70596 10118/2009 10118/2010 $500,000 Limit Equipment $1,000 Ded. DESCRNnON OF OPERATIOIB I LOCATIONS) VEHICLES I EXCLUSIONS ADDED BY EV00113EMENT I SPECIAL PROVISIONS Project: Balboa Pier Emergency Repairs; Description: Repairs at Balboa Pier. City, its elected or appointed 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 insureds general supervision of Contractors; products and completed operations of (See Attached Descriptions) City of Newport Beach Public Works Department; Attn: Stephen J. Luy 3300 Newport Boulevard Newport Beach, CA 92668.8916 ACDR ❑75 UOLIRle11n .,Aa rceelHAOnn9]PnA9 SHOULD ANY OF ME ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN NOTICE TO THE CERnFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SINLL IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR AUTHORIZED CORPORATION. All darts reserved. Tho ACORD name and logo are registered marks of ACORD BRO 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 endomement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polices 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 does not constitute a contract between the issuing imurer(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 (2009!011 2 of 3 #S232142IM226017 DESCRIPTIONS (Continued from Page 1) Contractor, premises owned, occupied or used by contractors or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded the City, Its elected or appointed officers, officials, employees, agent or volunteers as respects to the General Liability and Auto Liability Policies, per the forms attached: GECA 701 (01107) - Blkt. Commercial Auto Gold Endorsement (General Liability At Endorsement will follow separately). Contractors Insurance coverage shall be primary Insurance and/or primary source of recovery as respects City, Its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or Indirectly from the Contractors operations or services provided to the City. Any Insurance or self - Insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractors Insurance and shall not contribute with it under the General Liability and Auto Liability Policies, per the fors attached: GECA 701 (01107( - Blkt. Commercial Auto Gold Endorsement - Includes Primary Wording (General Liability At Endorsement will follow separately). The insurer shall agree to waive all rights of subrogation against City; it is elected or appointed officers, agents, officials, employees and volunteers for losses arising for work performed by Contractor for City under the Auto Liability; General Liability and Workers Compensation Policies, per the forms attached: GECA 701 (01107) - Blkt. Commercial Auto Gold Endorsement (General Liability At Endorsement with Primary and Waiver of Subrogation as well as Waiver of Subrogation as respects to the Workers' Compensation Policy will follow separately from the GL Carrier and WC Carrier). Protection & Indemnity/Hull & Machinery Coverage: "Moe" - $10,000 BUPH Dad. "JC Freeze" wlcrane - $10,000 BIIPH Dad. "JBoat" - $1,000 81/PH Dad. "Whitt'" - $1,000 BI/PH Dad. "CSI Skimmer'- $1,000 BUPH Dad. "Meri" - $10,000 BIIPH Dad. "Mani I" - $10,000 BUPH Dad. "Mani II" - $10,000 BI/PH Dad. "'Napa Valley" - $10,000 BUPH Dad. "Sea Quest" - $10,000 BI /PH Dad. "Bree- Tessa" - $10,000 BIIPH Dad. "AmyBee" - $10,000 BUPH Dad. AMS 25.3 (2009101) 3 of 3 #5232142/M228017 AbA INTERNATIONAL MARINE L•J ►3 % ENDORSEMENT N 1 UNDERWRITERS To be attached and made part of Policy Number N5JH 70596 Of The Northern Assurance Company of America Issued to: Associated Pacific Constructors, Inc. Effective October 18, 2009 and in consideration of the premium charged, it is agreed that the fioliowing entity is hereby named as Additional Insured with respect to Section 1: Part I — Wrine General Wability, Part 11 — rotection & Indemnity, and Part IV — Pollution_ is ilit , with full waiver of subrogation, as respects to Balboa Pier Emergency Repairs, as their interests may appear: City of Newport Beach Public Works Department Attn: Stephen J. Luy 3300 Newport Boulevard Newport Beach, CA 92658.8915 It is further agreed that this policy shall be considered primary over all other coverages available to the Additional Insured, but only with respect to their interest in the Balboa Pier Emergency Repairs. All other terms and conditions remain unchanged. Dated: October 28, 2009 t Signature of Authorzed p�� ized Reres tative 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 It - 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. Any volunteer or employee of yours while using a covered "auto" you do not ovm, hire. of borrow on your business or your personal affairs. Insurance provided by this endorsement is excess ove- al,y other insurance available to art,, volunteer or employee g. Any person. organization, trustee, estate or govemmental entity with inspect to the operation. maintenance or use of a covered' auto" by an insured, it 0) You are obligated to add that person, organization, trustee, estate or governmental entry 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 writen permit issued to you by a governmental or public au(hority. (2) The "bodily injury" or "property damage' is caused by an' accident "which takes place niter (a) You executed the "insured contract" or written agreement; or (b) the permit has L•een Issued to you. r}LC A'01 i01 i0'1 Includes cap y r i_1. ; ed m, r", 6 o f I ns u r i n re .Se n' ice•: Offices, Im' :,ah i6 yermis'sion Pa¢e 1 of I 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 furnish 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. SECTION III - PHYSICAL DAMAGE COVERAGE A. 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 t2) The actual cash value of the damaged or stolen prooerty as of the time of the 'loss or (3) The cost of repairing or repracing the damaocd or stolen properiy with offer propcny of like kind 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, repar, reh!rn or replace demagcd or stolen property will be reduced by an amount that is equal to the amount of Me largest deductible shown for any ovaned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning 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 uo to 30 days. for rental reimbursement expenses incurred by you for the rental of an "auto' because of "loss' to a coveted "auto'. Rental Reimbursement will be based on the rental of a comparable vehicle, which in marry cases may be substantially loss than $75 per day. and will only be allowed for a period of time it should lake to repair or replace the vehicle will reasonable speed and simlar quality, up to a maximum of 30 days We will also pay up fo $500 for reasonable and necessary expenses incurred by you 'to remove and replace your materials and equipment from the covered 'auio" Gut d'Ol (01:'0') mciudn ropyrighlcd rmsimol of bcuraucc SrMcrs UfGo «s. Inc.'. 11i its ptrmission t'agt 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we wili pay under this coverage only that amount of your rental reimbursement expenses which is riot 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 Valle 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 frown 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 'hat receives or transmits audio, visual or data signals. Exclusion 4c does not apply is (1) Electronic equipment that receives or transmits auuio, visual or data signals. whether cl not designed solely tot the reproduction of sound, if the equipment is permanently instalied in the covered "auto" at the time of the "less" 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 oiler electronic equipment thaw is (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered ' aulo's` operating system; or (b) An iniegral pan of the same unn housing any sound reproducing equionreni described in (1 ) ahove and permanently installed in file opening of the dash or console of the covered "auto' normally used by life manufacturer for installation or a radio D. DEDUCTIBLE The following is added No deductible applies to glass damage if the glass is repaired rather than replaced. 1:&(':\ Ar (01:071 Include, co Pyri,^,hiv( material of insurance Senice. offices. 1114 . oilh iro Vrrmmb511n1 Pants J of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accldent, 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 plane. (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 5. We waive any right of recovery we may have against any addilional 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 S. :<_ added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your uninlentioral failure to disclose any hazards existing ai the effective date of your policy will nol prejudice the Coverage afforded. Ho,•,ever, vve have the right to collect additional premium to, any such hazard COMMON POLICY CONDITIONS 2.b. is replaced by the following: b, off days before the effective date_ of ;;ancel!aGon if vee Cancel for =.nl, oth(7r reason. GR A'01(01,07) Includes anpyriet.ud marrrlal or 0fr."'. Inc" ah i•pmrvysMu V:q,A a( . BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following 'attaching clause" need be completed only wli n this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 10101 !2009 forms a part of Policy No. WC 005 -86 -4828 Issued to ASSOCIATED PACIFIC CONSTRUCTORS, INC. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be for this policy. WC 04 03 61 (Ed. 11/90) Countersigned by.- _ 2 % of the total estimated workers compensation premium Authorized Representative CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/28/09 Date Completed: 10129/09 Dept. /Contact Received From: Shauna Oyler Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have cerlificate: Associated Pacific Constructors I. GENERAL LIABILITY A. INSURANCE COMPANY: Northern Assurance Co. of America B. AM BEST RATING (A: VII or greater): "A" XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 with D. LIMITS (Must be $1M or greater): What is limit provided? $4,000,000 Um_ brella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does not apply to Waste Haulers) ® 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? [A Yes U 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 9 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Netherlands Insurance Co B. AM BEST RATING (A: VII or greater) 'A "(XV)_ C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? M Yes ❑ No D. LIMITS (Must be S1M min. BI & PD and $500,000 UM. $2M min for Waste Haulers): $1.0000.000 with a What is limits provided? $4_,000.000 Umbrella 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? NIA ❑ 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: National Union Fire Ins Co. Pittsburgh B. AM BEST RATING (A: VII or greater): 'A "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC) Waiver of Subrogation Endorsement is missing CJ 8 MY) Cust Encompass Del Acct. Type: License #: Bus. ID: Name: Owner Name: Owner Phone: Owner Type: Exp. Date: S Addy: S Addy 2: Addr3: Zip: B Addr1: B Addr2: B Addr3: B Zip: Phone: FEIN: SEIN: Established: SIC: Owner #: # of Emps: usr1: usr2: usr3: usr4: usr5: usr6: usr7: ail Business Tax BT30028997 0059119 ASSOCIATED PACIFIC CONSTRUCTOR PAUL E GILLEN 8057727472 C 8!31/2010 495 EMBARCADERO MORRO BAY CA 93442 495 EMBARCADERO MORRO BAY, CA 93442 8057727472 1238 960014 8125/2009 1629 -OTH HEAVY CONSTRUCTION 0059119 0 445720 1276729958 Emergency Contact Info Contact: MIKE MARCHITTO Phone: 8052342841 Page i of i http: / /www.citynct. new port- beacli.ca.us /masterid "F :NC-dctail .asp ?EID= BT30028997 09 %302009 Check a license or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of I Department of Consumer Affairs° Contractors State LiCn -sie toard Iv Contractor's License Detail - License n 394886 ADISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw (BSP 7124.6). If this er.'ity is sable4l to p,.blic corn plaint disclosure. a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information, <` Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 394886 Extract Date: 09/30/2009 ASSOCIATED PACIFIC CONSTRUCTORS INC Business Information: 495 EMBARCADERO b10RRO BAY. CA 93442 Business Phone Number. (805) 7727472 Entity: Corporation Issue Date: 11/03/1980 Expire Date: 11/3012010 License Status: This license Is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This hccnso filed Contractor's Bond number SC210449 in the amount or $12.500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03:02:2009 Bonding: Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL 1, The Responsible Managing Ofaccr IRMO: PAUL EO;NARD GILLEN certified that hP.l5he o'.mtg 10 percent or nwre of the mebn(j slork ;eowty of file eprpolatlen A bnntl of qualifying individual i6 not'edurted Effective Date: 04:—:2006 This license has workers eompensat'or, insurarce with the NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: WC5385299 Workers' Compensation: Effective Dale: 10/01/2008 Expire Date: 10101/2008 Workers Compensation History Personnel listed on this licen.w. fcurrenl or d4assocmled) are hmcd or olhcr licenses Conditions of Use I Privacy Policy Copyright G 2009 State of California https:// www2. cslb. ca. goviOnlineServices %Checkl.icenseiLicenseDetail.asp 09/30/2009 Best's Rating Center - Company] Infonnation for Western Surety Compare Best's Rating Center VnII+J QIX" Ul. p.vlev Cumeo Eunpv Western Surety CompnnY u.mrro-.dcwwmmspvp . n•n mrwK•m,amP1V Iflm.]J:1m.,aY1'ntn�-I •,+r,Qnre.eW][ wK•.Illtl iEw I: YP]M9p0 yr l LBCST ....mew. n A Eicelbitt nlmad PO. m.up Ptmne: casnnroW I r,e arpmamgenrnlp :w.v [v1q, 5061111 Wit Fdx; mf.3V.]+IJ Ir4FMVeen. 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VS cp,ma. em— AldnP,r, (Duane, Goss Checked) nml. enrnP.n .Pr [n.z.d m1.PX,eFSVP•w,R , ePrnmrl.nn.pe.:w:M. FwnP.1.n.1. e.dJn..Pw..u..n .;.prp ........ mm.r • CUrn Uerla.er+Mwlnnl.lmpvnl +e�ercu a.sr "InPaa eWPwml:l.rr.. Renprld+o,! "mrnn.wlp, I'd IVII idi^ +VI Mecr.Jll x.orl. e.,inv„PrUfesvmnnl. we\uea t.... 1. o-1 qlid.. ..nznu ".1. 1. E.m rexrl.l.,. JW runo—.11....l L- VY+Pe1np+.Rnrry ul.enale nnn vn Ur[arpl4vm ery r .. Pnv.n cemmena.ry 0111 smlne 401:m.:•n "'Old 11 11 wiMW (Q Welly C1055 CM1CCked) GRwru.>•YRVW06Ule. P.vv.znJ`a pre rr.;: eh:B +inrvurtleYVrxm Rl.'+.pn.d P-114 n Or:i: KVYRdnu"I" 0.1.v.uaasp....nm1P.;.IOu0111Y CmdS CtlecAeY) Irrr.nm.1ilid.rrnwr..l arpnnw . •,ear mp ].I>..L.e, c.nr.,. prervpm cmena.,.m .I.,.r....., Gmee Ff 4511 - I.a V..umv"1 F., . PK VS 1— :,d. —Fnn 1—it, L:aarn =.r.n, i, .,.F I.af.- -.— -f L.Y. ry.l, Inurrvze EUd— EIl.i1EE1'P1.US .:V - d'Ol..ELPVn,Ura w,. ^4 VS SIT., EJwM.OIMUniul<I OVnm.: Vs :+rl'a 9rnver/s O levmmm p {rtVV -us Eatla C,rpuam LA:pV,mY Pavrvmavly. Pt V':: u':u Bema CNvMn P ILUx PVVe,< ),I-C_Vs DIM C m.ddl 0 1 t, erpaavePn a u. Vs P.dY lnaurercd.1didl Oil np %G YS 4 C.-II Page I of 1 /rLOUI Lanmel BllemJp PwnO... Xdw -ngam pacna ..ay.x•s�a.wa... .vy .,nsuµ+.a.r.n »s�esu....>a,..m r.s.. u...raarn.r..n.,..>cmr p, ,.] w.oat. >..: oc.ro>wni. ..v.na,...a. meea, X�v..InueFr C,r.. l'...Uwrrn. rw7n http: / /www3.ambest.com /ratings /FullPi-ofile .asp ?B1= 0 &AMBNum= 974 &A1tSrc =1 &Alt... 09/30/2009 California Business Search Page I of I CC-11111fuMnirmeT'cl (Corporation ASSOCIA'I ED PACIFIC CONSTRUCTORS, INC. Tsli17777 I'O1'tc11 Date Filed: S30/1990 S&rctan of State DEDRA BOWEN DISCLAIMER: The information displayed here is current as of SEP 25, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the mtornwnon is not contained in the computer tile. If the statu.., of the corporation is 'Sun'cnder". the agent for stn ice of process is automatically revoked. Please reter to California Corporations Code Section 211.1 for utfonnation rchuing io service upon cnrporations that have surrendered. http: iikepler. ss. ca. gov/ corpdata /ShowAIlList ?QueryCorpNumber= ('0960014 &printer yes 09/3012009 (Corporation ASSOCIA'I ED PACIFIC CONSTRUCTORS, INC. Number: C0900014 Date Filed: S30/1990 Status: active Jurisdiction: California Address 495 EMBARCADERO MORRO BAY, CA 93442 Agent for Service of Process PAUL E GILLEN 495 E•MBARCADERO MORRO BAY, CA 93442 Blank fields indicate the mtornwnon is not contained in the computer tile. If the statu.., of the corporation is 'Sun'cnder". the agent for stn ice of process is automatically revoked. Please reter to California Corporations Code Section 211.1 for utfonnation rchuing io service upon cnrporations that have surrendered. http: iikepler. ss. ca. gov/ corpdata /ShowAIlList ?QueryCorpNumber= ('0960014 &printer yes 09/3012009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA PIER EMERGENCY REPAIRS CONTRACT NO, 4326 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. 4326 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 2. 3. Lump Sum Mobilization y (I 7&rjkeif //►� Dollars 76Aree- A wizA&7 and / hy:S _Cents Per LLmp Sum Lump Sum Remcve Damaged Pier Pie Stub c� rUVSa Dollars o vn and h0 /Cents i l0, at:�• Oro Lu p Sum Lump Sum Repair Darnaged' Pile Cap //tt @_]t d4L / _Dollars and 00 rlD��ll� Cents Per Lump um PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 Each Install New 14 -Inch Pier Pile @ 4rWDOIIars and ADImx4iS Cents Per Ea Lump Sum Remove Damaged Cross Bracings and Install New Cross Bracings Jf @ dVk �AOollars and n Chi Cents Per L mp Sum Lump Sum Stainless Steel Hardware Upgrade Dollars hire and "8r? (— ._Cents Per Lu p Sum TOTAL PRICE IN WRITTEN WORDS zon-o $ y�500• eo 666. 00 2, 9�• °° 14th & 14d4e4( Dollars s S`l`�p4 00 and no _ -Cents Total Price (Figures) 3d .. Date iyiy Fer 8K --7?1- 1 tt 3 Bidder's Telephone and Fax Numbers '3940.10 .. A Bidder's License No(s). and Classification(s) Bader Bidder's Authoriz e Signature and Title HqS E.�,hal tu�pra Morrc 9,4,(/4, 93441 Bidder's Address Bidder's email address: wc,t1L. cc ° _as! saver. Cy sror)9539rC123C9 7 23, 'bl `users'=Wshareo'�nirans"y 09- 1Ma:ooa pere ergeryreoan �326'orcoosal doc 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 r PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 INTRODUCTION PART 1— GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -12 BACKGROUND INFORMATION 2 -12.2 Beach Topography 2 -12.3 Oceanographical Conditions SECTION 3 CHANGES IN WORK 3 -3 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 3 3 3 3 3 3 3 r 6-9 LIQUIDATED DAMAGES 4 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 5 7 -8.1 Cleanup and Dust Control 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 -No Parking' Signs 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 205 PILES 10 205 -1 Timber Piles 10 205 -1.1 General 10 205 -1.1 1 a. Grading and Quality 11 205 - 1.1.2. Physical Characteristics 11 205- 1.1.3.c. Classes and Sizes — Bearing Piles. 12 205 - 1.1.4. Preservative Treatment 12 205 -1.4 Pile Protection 12 205 -1.5 Pile Wrap 12 SECTION 206 MISCELLANEOUS METAL ITEMS 12 206 -1 Structural Steel, Rivets, Botts, Pins and Anchor Bolts 12 206 -1.1 Requirements 12 206 -1.1.1 General 12 206 -1.5 Stainless Steel Components 13 SECTION 210 PAINT AND PROTECTIVE COATINGS 13 210 -3 Galvanizing 13 210 -3.1 General 13 210 -3.5 Repair of Damaged Zinc Coating 13 PART 3-- CONSTRUCTION METHODS SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION 13 305-2 Timber Structures and Timber Construction 13 305 -2.1 General 13 305 -2.2 Materials 13 305 -2.3 Workmanship 14 305 -2.7 Submittals 14 305 -2.8 Execution 14 F'•. USerl,\PBVJi.SharetllConlracl$ %FY 09-10\Balooa Pier Emcrgeny Repairs C-43MSPECS INDEX C- 4326.aocx CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA PIER EMERGENCY REPAIRS CONTRACT NO. 4326 INTRODUCTION SP 1 OF 15 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- 5194 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (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 removing a damaged pile and related hardware, installation of a new pile and related hardware, replacing damaged and or missing cross bracings, hardware, etc; 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 -12.2 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 months when reductions in beach width and elevation can occur. The Contractor's superintendent shall be well- experienced in working under these conditions SP2OF15 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 3 -3.2.3 Markup. Replace this section with, "(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. SP3OF15 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 Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. 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. 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. SP4OF15 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 twenty consecutive working days after the date on the Notice to Proceed. 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 151,' 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 4" the first Monday in September (Labor Day), November 11'" (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h, (Christmas Eve - half day), December 25'h (Christmas), and December 315' (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. SP5OF15 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 if required. The Contractor shall 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 SP 6 OF 15 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 http://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 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 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 shall 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. SP7OF15 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 existing concrete pier deck in place. If damaged, minimum half -width sections of the concrete pier deck shall be replaced at no cost to the City. In addition the Contractor shall also protect any donated /plaqued benches and the landscaping and irrigation at the base of both piers." 7 -10 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 pier is used by fisherman and pedestrians, for lifeguard activities, and for vehicular deliveries to the restaurant located at the end of the pier. The Contractor shall maintain continuous access for such use." 7 -10.2 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 SP8OF15 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. 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 Contractors 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. SP 9 OF 15 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 RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. 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 9 -3.1 General. Revise paragraph two to read: "The lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, 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 Remove Damaged Pier Pile Stub: Work under this item shall include the removal and disposal of the remainder of the damaged pier pile stub, all related hardware, the removal of any portion of the pile remaining above the mud line, and all other work items as required to complete the work in place. Item No. 3 Repair Damaged Pile Cap: Work under this item shall include the repair of the damaged pile cap with epoxy, clamp, and all other work items as required to complete the work in place. Item No. 4 Install New 14 -Inch Pier Pile: Work under this item shall include the installation of a pre- wrapped pressure treated with Chromated Copper Arsenate (CCA) and Creosote, 75 -foot long, 14 -inch diameter pile including all related hardware, and all other work items as required to complete the work in place. SP 10 OF 15 Item No. 5 Remove Damaged Cross Bracings and Install New Cross Bracings: Work under this item shall include the removal of approximately 4 damaged cross bracings, 19 -feet long, 4 damaged cross bracings, 26 -feet long, and hardware, the installation of new pressure treated cross bracings and galvanized steel hardware, and all other work items as required to complete the work in place for bents 31 to 34 for an estimated total of 8 bracings. Item No. 6 Stainless Steel Hardware Upgrade: Work under this item shall include the removal and replacement of all existing hardware with the job limits with equivalent stainless steel hardware, as approved by the Engineer, and all other work items as required to complete the work in place. 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." 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 -1.1 General. All materials are to be new and shall be furnished by the Contractor in conformance with the drawings and as specified here in. Certifications of compliance for pressure treatment, with Chromated Copper Arsenate (CCA) and Creosote, shall be submitted for approval prior to acceptance of piling. Furnish and install pressure- treated, with Chromated Copper Arsenate (CCA) and Creosote, round timber piling as specified herein and as shown on the drawings. All pilings under these specifications shall be Pacific Coast Douglas Fir piles for Marine use and shall be in conformance with these specifications and with ASTM D -25. The contractor shall have the piling delivered and unloaded at the Balboa Pier. The piling shall have proper tags and documentation attached. The pile shall be covered with pile covers prior to driving as shown on the drawings and as specified herein. All piles shall have 4 steel bands applied after being treated. The bands shall be in 1 `/< inch wide 0.31 inch thick cold - rolled steel, fully heat treated, painted and waxed. The strap shall be located at 24 inches, 18 inches and 12 inches from the butt end and 12 inches from the tip end. SP 11 OF 15 205.1.1.1 a. Grading and Quality General. All wood shall be sound, cut from live trees, free from decay, red heart or insect attack, and all other defects which, in the opinion of the Engineer, may impair its strength or durability, or interfere with driving. Piles which, when delivered, show evidence of infestation or damage be sea borers, such as Limnoria or Teredo, or with barnacles or other attachments will not be accepted. Timber shall be cut above the ground swell, and shall have a continuous taper from the point of butt measurement to the tip. Sapwood. Each pile shall have not less than 1 inch of sapwood at the butt end when ready for treatment. Spiral grain shall not exceed '/� of a complete twist in any 20 feet of length. Holes. Holes existing prior to treatment and less than '/z inch in average diameter may be permitted, provided the sum of the average diameters of all holes in any square foot of pile surface not exceed 1 '/2 inch and the aggregate of the holes does not, in the opinion of the Engineer, weaken the pile significantly. Splits and Shakes. Splits no longer than the butt diameter of the pile in question may be accepted if, in the opinion of the Engineer, the number and distribution of splits does not otherwise impair the pile's strength and /or durability. The length of any shake or combination of shakes in the outer half of the radius of the butt of the pile, when measured along the curve of the annual ring, shall not exceed 1/3 of the circumference of the butt of the pile. Knots. Sound knots in piles 50 feet or less in length, and in % of the length from the butt of piles longer that 50 feet shall be no larger than 4 inches or 113 of the diameter of the pile at the point where they occur, whichever is smaller. The size of a knot shall be its diameter measured at right angles to the length of the pile. Cluster knots (2 or more knots grouped together, the fibers of the wood being deflected around the entire unit) are prohibited: however a group of single knots with fibers deflected around each knot separately is not prohibited as cluster knots even though the knots may be in close proximity. The sum of sizes of all knots in any foot of length of pile shall not exceed twice the size of the largest permitted single knots. Requirements for spacing of knots shall be applied at the centers of the knots under consideration. Unsound knots of any description shall not be permitted. 205.1.1.2. Physical Characteristics. Straightness. A straight line from a center of the butt to the center of the tip of all piles shall lie entirely within the body of the pile. In addition to complying with this requirement for straightness, all piles shall be free from short crooks in which the deviation from straightness in any 5 feet of length anywhere exceed 2'/2 inches. SP 12 OF 15 Manufacture. Piles shall be clean peeled, using a machine peeler. All inner and outer bark shall be removed; care shall be exercised to see that the sapwood is not cut through or removed in the process of peeling. Butts and tips shall be sawed square with the axis of the pile. All knots and limbs shall be trimmed or smoothly cut flush with the surface of the pile, except that knots may be hand trimmed flush with the surface of the swell surrounding the knot. Insofar as practicable, all edging, boring, chamfering, gaining, trimming, etc. shall be done prior to treatment. 205.1.1.3 c. Classes and Sizes — Bearing Piles. For bearing piles, the minimum circumference of piles after peeling shall be 44 inches, measured 3 feet from the butt. In piles not having a circular cross - section, the longer diameter shall be not more than 1.2 times the shorter diameter. The minimum tip diameter shall be 6 inches. The length of the bearing piles to be furnished shall be 75 -feet. 205.1.1.4 Preservative Treatment. General. In addition to meeting the physical requirements specified, all pilings under this specification shall be pressure - treated with Chromated Copper Arsenate (CCA) and Creosote in accordance with AWPA Standards for Marine Piles. 205 -1.4 Pile Protection. The Contractor shall clean and prepare the timber pile cap for the use of Fox Industries FX -70 Pile Protection System. The Contractor shall use Fox Industries Trowelable Epoxy Grout FX -763 to fill cracks and splits in the pile cap per Fox Industries written Instructions 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. Pile wrap shall be attached with minimum 20 penny stainless steel nails and stainless steel washers as approved by the Engineer. 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 SP 13 OF 15 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." 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 cross bracing; drilling holes; fabricating metal items for connection of associated timber work to existing and new cross bracing as may be directed by the Engineer. Bolts. anchors. straps and similar items which are not specifically called for under this Specification, but which are needed for the installation of various parts of the work, shall be provided and installed by the Contractor." 305 -2.2 Materials. Add to this section " Unless noted otherwise on the Plans, all new and replacement timber and lumber material for cross bracing 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 P5 -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: SP 14 OF 15 A. Bolt replacements shall be 1" diameter with nuts and lock washers unless otherwise indicated. B. Structural plate and shapes shall conform to Section 206 - 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 118 -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. SP 15 OF 15 B. Drill straight and true from one side only. 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. Waffle washers shall be used on pile connections. 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 .1UserstPBWNSharedlContracts\FY 09- 10\Balboa Pier Emergeny Repairs C- 43261SPECS C- 4326.doc 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. io October 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, P.E. 949 -644 -3330 or sluy @newportbeachca.gov SUBJECT: BALBOA PIER EMERGENCY REPAIRS -.AWARD OF CONTRACT NO. 4326 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4326 to Associated Pacific Constructors, Inc. for Total Bid Price of $59,900, and authorize the Mayor and City Cleric to execute the contract. 3. Establish an amount of $10,000 to cover the cost of unforeseen work. • 4: Approve Budget Amendment No. 10BA -- transferring $69,900 from Account No. 7231- C4402002 (Balboa Island /Harbor Bulkhead and Seawall Repairs) to Account No. 7231- C4802002 (Balboa Pier Emergency Repairs). Discussion: During the early morning hours of July 25, 2009, high surf caused a piling and eight diagonal cross braces to be broken. A portion of the broken piling was lost in the high surf. Staff reacted quickly to inspect the pier. Staff discovered additional damage and determined the pier was safe for public use. The remaining portion of the broken piling was tied to an adjacent pile until a private marine contractor could be hired on an emergency basis to remove the remaining portion of the pile to minimize movement and damage to related structure. At 11:00 a.m. on September 29, 2009, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Associated Pack Constructors, Inc. $59,900.00 2 John S. Meek Co., Inc. $66,680.00 3 R.E. State Engineering Inc. $92,625.00 4 Tal Cal Engineering, Inc. $137,471.00 • Balboa Pier Emergen*pairs —Award of Contract No. 4326 October 13, 2009 Page: 2 ;. The low tot"d amount is 14.4 percent below the Engineer's Estimate of $70,000.00. • The, differenbebetween the low total bid amount and the Engineer's Estimate is attributed to the favorable bidding climate. The low bidder Associated Pack Constructors, Inc. possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. This pier repair contract consists of mainly replacing the damaged pile and twelve cross bracings caused by the high surf and heavy waves over the weekend of July 25 and 26, 2009. Other items of work include replacing hardware and the installing trowelable epoxy to fill voids and fix cracks in an existing structural member of the pier, and performing all related work as required to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 20 consecutive working days to complete the work. Funding Impact: Staff recommends encumbering the necessary $69,900 in funding for this work from the Balboa Island /Harbor Bulkhead and Seawall Repairs CIP (Account No. 7231. - C4402002. Over the summer of 2009, staff took advantage of the low bid unit prices received for the 2008 -09 Balboa Island Bulkhead - Seawall Repairs Project and addressed additional future planned work locations around Balboa and Little Balboa Islands. That effort, as well reduced cost estimates to address the Edgewater Lane bulkhead modification should provide enough available funding to cover this transfer • and still address all the items planned under the Balboa Island /Harbor Bulkhead and Seawall Repairs project. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (b) of the CEQA Implementing Guidelines. This exemption covers the emergency repair or existing facilities for the safety of pedestrians and visitors. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected businesses will be notified by the Contractor prior to the start of the project. Geotechnical and Material Testing Services: Geotechnical, material testing, and survey services are not anticipated for this project. • • iU • • Balboa Pier Emergenteepairs — Award of contract No. 4326 October 13, 2009 Page: 3 Funding Availability: Upon approval of the budget amendment, sufficient funds are available in the following account for the project: Account Description Balboa Pier Emergency Repairs Proposed uses are as follows: Vendor Associated Pacific Constructors, Inc. Associated Pacific Constructors, Inc. Prepared by: Stephe uy Associate Civil Engineer Attachment: Project Location Map Account Number 7231- C4802002 Total: Purpose Construction Contract Contract Contingency Total: Amount $ 69,900.00 $ 69,900.00 Amount $ 59,900.00 $ 10,000.00 $ 69,900.00 Submitted by _r /Stephen G. Badum Public Works Director , R i i j / A PIER LOCATION MAP NOT TO SCALE CtTy BALBOA PIER EMERGENCY REPAIRS DRAWIN4 0 Citieof Newport Beach . NO. BA- 10BA -016 BUDGET AMENDMENT 2009 -10 AMOUNT: $s9,9oo.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations I Ix No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Balboa IslandlHarbor Bulkhead and Seawall Repairs account to the Balboa Pier Emergency Repairs account to cover the cost of contract award # 4326 to Associated Pacific Constructors, Inc. and unforeseen work. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Approval: Administrative Services Director s -",- Approval: City City Council Approval: City Clerk $69,900.00 Date i0 (, Date Date Description Division Number 7231 Tidelands - Capital Account Number C4402002 Balboa Island Bulkhead Repair $69,900.00 Division Number 7231 Tidelands - Capital Account Number C4802002 Balboa Pier Emergency Repairs Division Number Account Number Division Number Account Number Signed: Signed: Approval: Administrative Services Director s -",- Approval: City City Council Approval: City Clerk $69,900.00 Date i0 (, Date Date