Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-4682 - 2010-2011 Ocean Pier Maintenance
OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 9, 2012 Mr. Paul Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Subject: 2010-2011 Ocean Pier Maintenance - C-4682. Dear Mr. Gillen: On November 8, 2011, 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 November 18, 2011. Reference No. 2011000588577, The Surety for the contract is Western Surety Company and the bond number is 58681786. Enclosed is the Faithful Performance Bond, Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768, Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 • www.city.newpor-t-beach.ca.us gly of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 BOND NO. 58681786 The premium charges on this Bond is $ 4, 560.00 being at the rate of $ _14 40 _ _ . thousand of the Contract 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 2010 -2011 OCEAN PIERS MAINTENANCE, Contract No, 4682 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, 4682 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and __western surety company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Suret)"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred - Sixteen Thousand, Seven Hundred and 001100 Dollars ($316,700.00) lawful money of the United States of America, said sum being equal to 1001% of the estimated amount of the Contract, to he 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 tho 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, 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 aright of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 32.37 et, seq. of the Civil Coda: of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 4th day of , May 2011 Associated Pacific Constructors, Inc. Au�thori�ed S' n relTitle JG� (Principal)• Cas ✓�� Wezt,e,m_S.ur,e.t} Name of Surety nt Signature 6300 Canoga Ave., Ste. 115OW Woodland Hills, CA 91367 Address of Surety 818 713 - 20.31. Telephone Shine Tittell- Attoxne in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST GE ATTACHED ,G1 ACKNOWLEDGMENT AMV Y.f......a..Ytf.YY /.. Y.. Y... MM .................... M Y v Y Y.. Y... t.111. t.. y. Y t Y t1 State of California County of Ventura Ss. On May 4th, 2011 before me, Judith A. Benites Notary Public, personally appeared Shirley Littell .. ,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 /shelthey executed the same in his /her/their authorized capacity {ies), and that by h'is /he0heir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY Ofr PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JUD #TN A. BEN -TES Commisa #an dr 1574851 Notary Public - California LawqA1111 Ventura County M C EgIrasl Nor 20, 2073 (Smli) .... XM... YYY ;s Ci uM... MF M M M*. i Y kY*.. Yb*.A.* {. M. At M M w M N Y Y. F.. b ♦N.... W.. 4... n.. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION -May ,41 Roll Thumbprint of Signer Faithful Performance Bond 2 Tyge of Satisfactory Evidence: _X Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee `x Power of Attorney CEO I CFO 1 COO PresidentI Vice - President) Secretary/ Treasurer Other: Other Infornfation: 31 l Cj Check hear If no thumbprint or fingerprint is avaflab.e. ACKNOWLEDGMENT Yl tl.a. iaY .YiCYa.iYYY#Y#S.Y[Y #.i•ae...N.. Y Y Y Y Y N a Y Y Y YY X Y.. f Y# v. l A M a Y Y Y Y[ M M X C i a Y Y� State of California p� County o ?nkD I C%" ' J,_...,._._? ss. On 10-Cri,.7,, 00 before le,jAryjj ���{ / Notary Public, personally appeared P40 _ __ _.._,who proved to me on the basis of satisfactory evidence to be the person{} whose name is* subscribed to the within instrument and acknowledged to me that he /sl\etNy executed the same in his /h�7tt�ir authorized capacity(N), and that by his /Nlr" h r signatures an 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!- pQ, POVVt.EA LeCommission # 1910457 Notary Public - California D VVW San Luis 4oispa County My Comm. Expires Oct 31.2014+ (seal) Yi #kYf #Y #a( #i }i 1.# ..a # #Y k aa#a#a} #LA # }ia ;.. tilt aiiaf # {# Y Y l a i i i i. i i. t W all i Y iikhi` #i %w 11 Other Information: 32 Thumbprint of Signer Ciw,,ck here if no thumhp ril w 8ngerprini is available. OPTIONAL INFORMATION Date of Document 570/0 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 I CFO / COO 3r President I Vice - President I Secretary I Treasurer Other: Other Information: 32 Thumbprint of Signer Ciw,,ck here if no thumhp ril w 8ngerprini is available. Vestern Surety Cc;'f rpany 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 Attamey(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 callus 22nd day of April, 2011, sQEr o WESTERN SURETY COMPANY X�opP , �itiSEA X M Paul . Bruflat, Senior Vice President State of South Dakota ss County afMinnehalra On this 22nd day of April, 2011, before me personally came Paul T. Bruftat, to me known., who, being by me duty 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 scat of said corporation; that the seal affixed to the said instrument is such corporate scah, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +a 444aaa4a444a4aaaaa4444n+ D. KRELL November 30,2012 i sE cu NOTARY PUBLIC L r SOUTH DAKOTA (M's +54444h444ha4b44A444a494+ D. Krell, No y Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation primed 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.__ $ fI day of M d V „,,,,,_,,,,,,, -,_, 2011, ryuaKrpyo WESTERN SURETY COMPANY �'uwr4p7g4�j•^`v ��rr ts- EAs' +,re L Nelson sAsssiissttant' Secretary Form F4280,04.66 OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC December 23, 2011 Mr. Paul Gillen Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 Subject: 2010-2011 Ocean Piers Maintenance - C-4682 Dear Mr. Gillen: On November 8, 2011, 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 November 18, 2011, Reference No. 2011000588577. The Surety for the bond is Western Surety Company and the bond number is 58681786. Enclosed is the Labor & Materials Payment Bond. Sincerely, y L6ilani 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 • w,,vwxity.newport-beach.ca.us Citv of Newr)ort Beach 2010-2011 OCEAN PIERS MAINTENANCE Contract No. 4682 s868\r8u BOND NO. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Associated Pacific Constructors, Inc., hereinafter designated as the "Principal,' o contract for construction cJ2010'2011 OCEAN PIERS MAINTENANCE, Contract No. 4682 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 bv this reference. WHEREAS, Principal has executed ot is about tv execute Contract No. 4G82 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 materiais, provisions, or other supplies used in, upon, [n', ur about the performance of tile 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 1011h. W(}VY' THEREFORE, Wc the undersigned Principal, and, ____wc��te�n_Su�ey_Cv �� ~_.~~_ __ � _~ duly authorized to |ronsu^L bu4iAecounder\he!avvscdd1eSi�|eo[Ca|�)nio'asSurety. (referred k> herein us"Suretv")are held firmly bound onto the City of Newport 8auvh, in the sv/n of Three Hundred-Sixteen Thousand, Seven Hundred and O8/1O0 Dollars ($318.70U.00) lawful money of tile United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly tobe made, wwbind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION |3 SUCH, that iy the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, o/ about the performance of the work contracted k,he 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 |o Section 13V28of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, tnbe fixed by the Court as required by the provisions of Section J258nf the Civil Code cJ the Slate ofCalifornia. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file Claims under Section 3151 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civi` Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this im Principal and Surety, on the 4th day Associated Pacific Constructors, Inc. (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Ste. 1156W Woodland H,i,.11 s, CA _91367.,,___.,,,_ Address of Surety 819 713 -2031 Telephone Shirley Littell- Attorney in Fact Print Name and Title amed NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND. SURETY MUST BE ATTACHED 3 ACKNOWLEDGMENT ..... ..... 4itli WY6Pe Wi W. ....*.. ;........,......W9,pMw04 fW Mf.. lxMi AFR PRB31....... State of California County of _ Ventura _} S5. On May n, 2011 before me., Judith A. smites Notary Public, personally appeared Shirley Littell _.,who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized caparity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .....PP.s.... Date of Document JITFt A. BENtTE3 Commission • 1871851 Notary Public • California Ventura County My La — — — 0— — — � 1 -1 Comm. Expires Nov 20, 2013 (seal) YYyY$W,j Wf4W P* ..... I... t #W }W P... 0..... ..W.WU }R ...... .......... *1 Type or Title of Document Number of Pages in Document bocument in a Foreign Language OPTIONAL INFORMATION 4, 2011 Labor and Materials Payment 2 Type of Satisfactory Evidence: x Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Tnrsiee x Power of Attorney CEO /CFO /COO President ! Vice- President / Secretary 1 Treasurer Other: Other Information: �g Thumbprint of Signer clerk here it no thumbprint or fingerprint is' available ACKNOWLEDGMENT BYYx .- 6...................M.....tl.g yaRytb YwS.wa... y. g W C. I. Y... Y. y t.. Y...............i State of California County of s_%S On Public, personally me, c j�tYr �v J)w' Notary proved to me on the basis of satisfactory evidence to be the personN) whose name( is / \e subscribed to the within instrument and acknowledged to me that he /'�'ReM%(y executed the same in his/her /tN*r authorized capacity(IN, and that by his /hVNir signatures( on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ywwawswr+. JAMES 0. FOWLER Commission Ar County Notary Public - California z San Luis Obispo County D M Comm. Expires Oct 31, 2014 Signature (seal) YkY ......................................... y...... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Sp I// Type of Satisfactory Evidence: Personally Known with Paper Identification _X_ Paper Identification _ _ _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO I CFO /GOO A_ President I Vice - President / Secretary / Treasurer Other: Other Informa 36 Thumbprint of Signer Cheok here if no thumbprint of fingerprint is available. J western Surety Col Il ipany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty 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 -Pact 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 22nd day of April, 2011, �S�aEr WESTERN SURETY COMPANY "•,n,„ „, „w� Paul F. Btuflat, Senior Vice President State of South Dakota Si County of Minnehaha On this 22nd day of April, 2011, before me personally came Pauli. Bruf}at, tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fails, 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 tike authority, and acknowledges same to be the act and deed of said corporation. My commission expires + " "44 " " " "4N "NN44N " " "N4NN "+ s D. KRELL ' November 30, 2012 O f� SO UTH O s DAKOTA e sE l SOUTH PUBLIC SEAL +4444bNbNb"44NbbN4441hbb + CERTIFICATE D. Krell, No y Public I, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certily 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 whereon' I have hereunto subscribed my name and affixed the seal of the said corporation this 4th day of r! d -Y __2011 , WESTERN SURETY COMPANY „a'f pPAgq l., - O F.,1 �c�rN tiFµ� 4nnnxnnx` L. Nelson, Assistant Secretary Form F4280 -09 -06 REC9' d in official Records; Orange County RECORDING REQUESTED BY AND Tom Daly, clerk - Recorder WHEN RECORDED RETURN�KD :14011 28 IH11 ' i4� ►�1��1����4i1'411f��4111�44414 NO FEE 201100058857710:06 am 11/18/11 City Clerk 276 4ts tsIx City of Newport Beach I r" C..00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard CITY( (-'T Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383 " NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Associated Pacific Constructors of Morro Bay, CA, as Contractor, entered into a Contract on April 26, 2011. Said Contract set forth certain improvements, as follows: 2010 -2011 Ocean Piers Maintenance - (C -4682) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council, Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ( �/ Executed on t �� �; vU i at Newport Beach, California. BY 6&jk, D �I City Clerk s OFFICE OF THE CITY CLERK Leilanf L Brown, MMC November 9, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • 2010 -2011 Ocean Piers Maintenance (C -4682) • Balboa Island & Other City Sewer Main Points Repairs (C -3802) . 2010 -2011 Citywide Slurry Seal (C -4604) • Central Balboa Water & Sewer Improvements (C -4067) • Wastewater Pump Station Rehabilitation (C -3804) • Ocean Front Street and Alley Replacement (C -4316) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely,, &41S. bm-- L-eilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard � Post Office Box 1768 • Newport Beach, California 92858 -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, and Associated Pacific Constructors of Morro Bay, CA, as Contractor, entered into a Contract on April 26, 2011. Said Contract set forth certain improvements, as follows: 2010 -2011 Ocean Piers Maintenance - (C -4682) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on t vi�_ - t r E at Newport Beach, California. BY (N� D City Clerk TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 -644 -3311, sbadum @newportbeachca.gov PREPARED BY: Tom Sandefur, P.E. APPROVED: TITLE: 2010 -2011 Ocean Piers Maintenance — Completion and Acceptance of Contract No. 4682 On April 26, 2011, City Council awarded Contract No, 4682 to Associated Pacific Constructors for a total contract cost of $316,700.00 plus a 15% allowance for contingencies. The required work in now complete and staff requests City Council accept and close out of the contract. 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. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Tide and Submerged Lands 7231- 4801001 $ 332,416.47 Total: $ 332,416.47 2010 -2011 Ocean Piers Maintenance — Completion and Acceptance of Contract No. 3682 November 08, 2011 i 1 DISCUSSION: Overall Contract Cost/Time Summary Construction Final Cost at Contingency Actual Contract Time Contract Award Com pletion Target Contract Time Under or Amount -4,725.00 Change (days) Over $316,700 $332,416.47 10% or less 5% 60 2 The work necessary for the completion of this contract consisted of making repairs to the two existing City piers including grouting cracks in stringers, piles, and cross bracings, replacing deteriorated fasteners, and replacing missing or broken timber members. In addition, the project replaced corroded seismic girder straps under the Life Guard Headquarters. The 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 construction contract cost: $316,700.00 316.700.00 15,716.47 $332,416.47 The three change orders associated with this contract are detailed below: CO # The final construction contract cost is 5 percent above the original bid amount. A majority of that cost resulted from the emergency repair to the dolphin pile at the end of the Newport Pier that had broken loose and was colliding with the pier. A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: Project Awarded for construction: Contract Completion Date Plus Approved Extensions: Actual Construction Completion Date: May 23, 2011 April 26, 2011 October 12, 2011 October 10, 2011 Description Cost 1 Change out bolts to SS all thread rods to sister beams $3,441.47 2 Emergency Newport Pier dolphin pile repair 17,000.00 3 Labor savin s on excess stringers that were not installed -4,725.00 TOTAL $15 71 6.47 The final construction contract cost is 5 percent above the original bid amount. A majority of that cost resulted from the emergency repair to the dolphin pile at the end of the Newport Pier that had broken loose and was colliding with the pier. A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: Project Awarded for construction: Contract Completion Date Plus Approved Extensions: Actual Construction Completion Date: May 23, 2011 April 26, 2011 October 12, 2011 October 10, 2011 2010 -2011 Ocean Piers Maintenance — Completion and Acceptance of Contract No. 3682 November 08, 2011 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Attachments: A. Location Maps FA LOCATION MAP 2010 -2011 OCEAN PIER MAINTENANCE CONTRACT NO. 4682 (PAGE 1 OF 2) mo a3F`� I � ry�6ca h^/. y ryq �O tC4 p gU t r� f 1 - PROJECT LOCATION {NEWPORT PIER} Attactmnt A 1 of 2 1� LOCATION MAP 2010-2011 OCEAN PIER MAINTENANCE CONTRACT NO. 4682 (PAGE 2 OF 2) �11'11 - ,' � 2 of 2 5 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 10:00 AM on the 7th day of April, 2011, at which time such bids shall be opened and read for 2010 -2011 OCEAN PIERS MAINTENANCE Title of Project Contract No. 4682 $490,750.00 Engineer's Estimate d by IiStephen -G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949) 756 -1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Tom Sandefur, P.E., Project Manager at (949) 644- 3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach 20102011 OCEAN PIERS MAINTENANCE Contract No. 4682 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ......................................... .............................13 DESIGNATION OF SURETIES .......................................... .............................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ ...._........................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT...................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 2 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification 6f 14°��IQCi/�C Bidder 9/ Authorized Signature /itJ,'�/ �✓P „� r 7/ Z&Z (a� ZO// 4� Date City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 BIDDER'S BOND Ten Percent of the amount bid - -- '_0 of Wc:, {„ Ilk ;: ; _,.,. d I:;: ^i. u.. .n:. 2010- 2011 OCEAN PIERS MAINTENANCE, Contra t ', tf, the City of Newnor. Beacn, is accepted by the City Council of the City of Ii.:, ,,: _.: h and the proposed contract is nwarded to the Principal. and the PniuVal fails, to execute the Contract Documents in f1v furm(s) prescribed, including the required bonds. and original insurance certificates and endorsements ko the construction of the project within thirty (30) calendar days alter Die date of the rnathiot ot'Nubficahon rut Award, otherwise this obligation shall become null and void It the unucitiigned Pnnulinl executing this Bond is excu,ting this bow as an Individual, It is agmed that the death of any such Principal shall not exonerate the Surety from itG oNq'it, I , w"Ii'i thr Bvu /! 31st Associated Pacific Constructors, Inc. Western Surety Company i:: _c . c. 6300 Canoga Ave., Ste. 115OW Woodland Hills, CA 91367 Addrea ,s of Surety 818 713 -2031 i ;I, ..... !,,Y,o March 2011 Shirley Littell- Attorney in Fact (Notary acknowledgment of Principal Sr Surety must be atlachedl ACKNOWLEDGMENT ................. e............................. ............................... State of California County of Sgrl Lti5Obf5RG }ss. 1 t� On Aor't /o II before me, JODI L . f-64] IP_ic_ Notary Public persona I� y appeared rt Amt (� i tl em who proved to me on the basis of satisfactory evidence to be the personjs�whose nam�ei�ils/ subscribed to the within instrument and acknowledged to me that he i icy executed e same in his /h,Pef eir authorized capacit*o—s� and that by his /her /tbefrsignatur s) on the instrument the person , 'or the entity upon behalf of which the pers� 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 hard and official seal. Sign re JODI L. FOWLER Commission V 1778543 v Notary Pubtle • Calltomlo it San Luis Obispo County Comm. Nov 6,2011 (seal) ......... ........................................ ............................... 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 I Secretary I Treasurer Other: Other Information: 0 Thumbprint of Signei Check here if no Ihumbprinl or fingerprint is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Ventura CIVIL CODE $ 1798 On 3/31/2011 before me, Judith A. Benites, Notary Puhlir , Data Here Insert N ! and idle of the officer personally appeared Shirley I_ittell Nanne(s) of Slgnena) JUDITH A. BENITES Commission # 1871651 i . Notary Public - California z = Ventura County > M Comm. Expires Nov 20, 2013' Place Notary Seal AbOVe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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. Though the information below is not required by law, it may prcVaXRa1uWe to persons relying on the document and could prevent fraudulent removal and reattachment o this form to another document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: March 31- 2011 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: L Corporate Officer— Title(s): L Corporate Officer— Title(s): L Individual El Individual L Partner — L Limited L General Top of thumb here > Attorney in Fact Trustee L Guardian or Conservator L Other: Signer Is Representing: Western Surety Compa y L Partner — L Limited L General Top of thumb here L: Attorney in Fact L Trustee L Guardian or Conservator L Other: Signer Is Representing: C M10 National Notary Aaaociatlon • NationalNotam.oro • 1400 -US NOTARY 11- 800.87 &99271 u Item Y5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein afixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its ime and lawful Ahomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings mid otter 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 arts of said Attorney, pursuant to the authority hereby given, are hereby ratifiedand 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 mid its corporate seal to be hereto affixed on this I s't day of December, 2010. asoaE "r "Cw WESTERN SURETY COMPANY 3 P?f e0s 3a�`SCAV %o$i °W�rN ePa�4Pd Paul V.Bmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this Ist day of December, 2010, before me personally came Paul T. Bmf at, to me known, who, being by me duly svom, 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; [hat the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act . and deed of said corporation My commission expires taaaaaaaaaaaaa4aa.aaaaaaa t D. KRELL November 30, 2012 d ^ NOTARY PUBLIC (R', i SFAL SOUTH DAKOTA SEAL s d d t464aaaaa4aaaaaaaaaaaaaat r. CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporatirn printed an the reverse hereof is still in force. In lestimoy whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7 1 S t day of March L 0 1 1 A'S0 "r'�e WESTERN SURETY COMPANY ?.ppPpan'gl�i` =not. ,^ a- ;efoSEA ipF£ L. Nelson, Assistant Secretary Form F4280 -09 -06 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %or Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: �SisC /w�/� �� r/�c • (n�J ICU l�S, �! Bidder Authorized Signature/Title City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. �M 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 Project Description �Y"/SAte) el ✓ —Zola `R'CeMA"ne 4t /sue /�S / p / /lI4 lw' ! /G.i. 1� g�,-,mI Z e- -,,o /4cerHCe 7, �L+.N o %eLa,S Approximate Construction Dales: From Z 20/1 To: ^��,z e/ /r, ji✓a� �Sj / Agency Name P Contact Person erl C1 ZA-�" !7 ' C Telephone (F05) T? 3 -70 7 GG N� dJ Original Contract Amount $O� Final Contract Amount $ � �%S 0 If final amgpnUs different l o'�v -4 o- (change orders, extr rk, etc.) t" Cy «Lc- Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. M No. 2 Project Name /Number Project Description Approximate Construction Dates: From ZO // To: ASS__ -p. Agency Name n d)4 //Sh CYO W C) a Awes Contact Person &Se." .S41y4 e'1DY" Telephone f /4) Original Contract Amount $ 7 S-66Final Contract Amount $ _,PS % le -7,S7 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. GL D A $ KS No. 3 Project Name /Number �h /vlt (�IIiH/1C INNG✓F �rs�0,,Aee -T 3r2_1 Project Description 1<rnaY2. eec /con�r dt -Sogn -AvIld Aacx, v4Z�oj� Approximate Construction Dates: From ' /Z Z ° / o To: Agency Name L / !/1� /tn c✓��na �i Contact Person G✓N G //" Telephone to `!5/— 33 ya 37'1 SVD orb ? / Original Contract Amount $ Final Contract Amount $� G 7 l]• If final amount is different from original, please explain (change orders, extra work, etc.) CA "e,- d6rc� 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. 10 No. 4 Project Name /Number Project Description Approximate S6 . /4u Dates: From /� 6 To: '1016 Agency Name t✓i e]G ee � Contact Person %T JS ( ✓y �r S[ Telephone fJ) (a t.(`1 3311 Original Contract Amount $ r7Q6 Final Contract Amount $ 7 U Zay If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number. Project Description /n/lv/ 1 f-o 1eG 7lin'4/ -ee&- o ✓e. �/�t �✓ iC Approximate Construction Dates: From Agency Name 111Z'.)16 D Mpyw 2° /d Contact Person /,tJk lAe / Telephone (SAs) 70 Original Contract Amount $ ffZZ95 Final Contract Amount $ 9� Z If final ar��oun�t}}'ss different from original, please explain (change orders, extra work, etc.) l�-f✓t� kl'g-t / Did you file any claims against the Agency? Did the Agency file any claims agairIpt you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number / P� ve a4y 7 l y Project Description %/'� �+� / ��d/�d� i F�`L cle-ri!!e-16- 16 �Sy re Z �loc�S /�mSf/f Approximate Construction Dates: From r �26CJ% To: /2 o D [eI Agency Name IM ' aSSol cv�Gj e✓ �5 t✓7 A r 6l Contact Person —Lt t1C �-C, I�IC ,�,.��� /I/'� Telephone Original Contract Amount $d K,4f6 Final Contract Amount $ If final amount) different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the C ntractor's current financial conditio ns. f �tha4g&� <ci`ic �v�.S�tul7d2s �f✓f l Bidder Authori ed Signature/Titl 1� �Gc✓,C E Gs / /�„� P ✓�S •!fie 12 125 West "E" Street M Wilmington, CA 90744 B 805- 235 -5964 ® cboyd @associatedpacific.com o Estimating Skills ® Marine Construction m Project Management Projects Completed • Rhine Channel Wharf a DFG Dock & v Newport Piers Inspection • Newport Harbor Bulkhead Gangway Experience Associated Pacific Constructors, Inc. - Wilmington, CA (Marine Construction) Project Manager, 2008 to Present Education California Polytechnic State University ® B.S. Business Administration, 2008 Available for short-term projects © CA driver's license a Excellent work references City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 NON- COLLUSION AFFIDAVIT State of California ) ) ss. County of S° d tom) PA tak -r- G l Ik n being first duly sworr dep ses and says that he or she is �rP Si o�ert of eSSrci arFP �Rcif �cfrr�[�''be the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false.or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profil, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 21 declare under penalty of perjury of the laws of the State of California" t 2l the Soregoi � ue and correct. ,. �''te —�' Bidder Authorized Signature/Title AawL E 6./ ✓ �is z`�` Subscribed and {sworn n to (or ed) before me on this _t b day of A_nie; 1 .2011 by %-e t� t u i �� �f7 proved to 1 me on the basis of satisfactory evidence to be the perso Kwho appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 13 No r ublic My Commission Expires: City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 DESIGNATION OF SURETIES Bidders name A-5661w2�-V de/14�G 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); 7 / J,� �lLl -fc�N � %!/rr)� -� �rrJr/'Y� ✓Ict �j�'f ✓r C yU G /nST f /d M 'r- ✓ d leo ac. or) 17y- 9s3/ — ?V .4,s jei✓I -716 A✓ !/ Pn 16'6A 1644, 14 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL / Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts /3 A/ Ir -7 7 Total dollar Amount of Contracts Thou andslof $ ) 6f5 yy3& 36) SY3 No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or (� termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder p e/ lexe Cvr�S�iiu� S, X/<- Business Address: G /hs✓Yd /S C4 J`3y Business Tel. No.: 6gao -7 .�_ '7V72- State Contractor's License No. and Classification: '9 00 (0 — /¢ Title net ZrnS/Ire. /ant 6n n e The above information was compiled time and I declare under penalty of within the limitatii Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title from the records that are a ailable to me at this perjury that the information is true and accurate Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners /joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. ARY ACKNOW Std (Mi P dlt of ke n o �) ed9 Men+ # �- O/W 16 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California II l County of 5h k4A 5 nhfn3Q0 Ji On t x011 ate personally appeared CIVIL CODE § 1189 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 ¢e1g1're /they executed the same in )ai8/Ger/their authorized capacity(ies), and that by hi�their signature(s) on the instrument the �oDI L. FOWLER person(s), or the entity upon behalf of which the COMMIllslon 1 1776542 IL person(s) acted, executed the instrument. -� Notary Public - California Son Luis Obispo County Mv Comm. Nw6,2011 1 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 Above S u re of Notaffy Pubi ic OPTIONAL Though the information below is not required by law, it may prov 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 Docurryent:. �Q� 6r66�6�C�.9J w �CLGbfQ� Document Date: Signer(s) Other Thin NAmed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — ❑ Individual ❑ Partner —0 Limited ❑ ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservat ❑ Other: Signer Is Representing: Number of Signer's Name: C Corporate'Officer — Title(s): ❑ Individual ❑ Partner —C Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • NatlonalNolary.org • 1. 800 -US NOTARY (1- 800. 876.8827) Item #5907 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 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: L / Name of individual Contractor, Company or Corporation: Business Address: Telephone and Fax Number: (d 6S "� i7 >- 7V7.2 3 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: /9�v Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone LA 4 � a,. 2Y22— Corporation organized under the laws of the State of IM Z 472 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Eli All company, corporate, or fictitious business names used by any principal having interest in this proposal are as f ollows: ` / 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; .,l Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. //D Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 19 Are any claims or actions unresolved or outstanding? Yes / N If yes to any of the above, explain. (Attach additional sheets, if necessary) I� Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. (Print name of Owner or President �% /�� /� Of Corpora . nlCompan I <iLOG1/Lly�c covL ") Bidder Authorized Signature/Titl Title Date f On Qoj before me, JOp1 �_ �Oa7�P_C Notary Public, personally appear d C_ who proved to me on the basis of satisfactory evidence to be the persor�sTwhose nape(t;j is /a subscribed to the within instrument and acknowledged to me that he%5pe/ y executed the same in his /,be jr authorized capaclty(jp&rand that by his/ r signatu�<s) on the instrument the person(, )- r 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. �/X� X� W� - N2!K Public in and for aid fate My Commission Expires: 11 p %0/1 20 (SEAL) JOOI L. fOWM Commmmon 1 1775542 No" haft - Cawtowwo fan Lunt 0"" County Conn Nov 2011 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND C FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and Associated Pacific Constructors, Inc., a California corporation ( "Contractor "), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2010 -2011 OCEAN PIERS MAINTENANCE The work necessary for the completion of this contract consists of making repairs to the two existing City piers including grouting cracks in stringers, piles and cross bracings, replacing deteriorated fasteners, and replacing missing or broken timber members. 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. 4682, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'). 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 Three Hundred - Sixteen Thousand, Seven Hundred and 001100 Dollars ($316,700.00). 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 seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Tom Sandefur, P.E. (949) 644- 3312 CONTRACTOR Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 805 - 772 -7472 805 - 772 -5803 Fax F. INSURANCE Without limiting Contractor's 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 Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 23 Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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 subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. 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 Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current 24 evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to 41 City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. 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 Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these 0 specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. 27 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. 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 dates written below. Date Date: 1 T i I. Brown CITY ri x CITY CLERK APPROVED AS TO FORM: OFFIC OF HE CITY ATTORNEY Date:: / 2/ v Leonie Mulvihill Assistant City Attorney W CITY OF N PORT B CH A California unicipal rporation Date: By: Michael F. Henn Mayor CONTRACTOR: ASSOCIATED PACIFIC CONSTRUCTORS. INC. By: / (Corporate Off i //r) Title: �i�U'Sic/ex--� Print Name: A'1— Date: By: F (Financial Officer) Title: 1!�ze/f/7/14.ylc�r�" -fl Print Name: Date: City of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 BOND NO. 56681786 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of S 14.40 560.00 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 2010 -2011 OCEAN PIERS MAINTENANCE, Contract No. 4682 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. 4682 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and western surety Company __ duly authorized to transact business under the laws of the Slate of Calilornia as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred - Sixteen Thousand, Seven Hundred and 00/100 Dollars ($316,700.00) 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. 29 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the Stale of California. And Surety, for value received. hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed [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, In the event that any principal above named executed this Bond as ar individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the , 4th day of May . 2011 Associated Pacific Constructors, Inc (Principal) Western Surety Company Name of Surely 6300 Canoga Ave., Ste. 115OW Woodland Hills, CA 91367 Address of Surety 818 713 -2031 Telephone 44 a Authored Sjgngure /Title 1 �C+.LI•C. P C9e fir.✓. j ✓'r<SIC��/ Authorized Ag nl Signat-Kure Shirley Littell- Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BF ATTACHED 34 ACKNOWLEDGMENT ................................................ ............................... Stale of California County of Ventura SS. 011 May 4th, 2011 before nle, Judith A. Benites_ • Notary PUblic, personally appeared Shirley Littell _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)isiare subscribed to the within instrument and acknowledged to me that he /shellhey executed the same in his /her /their authorized capacily(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VVITNESS my hand and official seal. Signature JUDITH A. BENITES Commission 0 1871651 @MY Notary Public - California i Ventura County n Comm. Expires Nov 20, 2013 -eat) .I ................... v. v. v v. v. v v. v,... I ................... .... v........ .. v... Date of Document OPTIONAL INFORMATION _May 4., 2.011_ _ — Type or Title of Document Faithful Performance Bond Number of Pages in Document 2__ _ Document in a Foreign Language _ Tye of Satisfactory Evidence: _Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee x Power of Attorney CEOiCFO /COO s President I Vice - President I Secretary I Treasurer Other: Otherhdorniation; 1 Thumbprint of Signer (j Chef: here it no thumbpnro or fingerprint is availably. ACKNOWLEDGMENT ................................................ ............................... State of California p� County Of _'I p iS .Vb?.'.SLt= _ --------- ss. On I&i- 7,,'C oL � r� before pe, j7cr>'AJt �()u) �`�'� Notary Public, personally appeared ��I Wruc)_,G who proved to me on the basis of satisfactory evidence to be the person(V whose name is/ T subscribed to the within instrurent and acknowledged to me that he /s\e /tNy executed the same in his /htvl;/th it authorized capacity'(I\s), and Iha; by hisiNkr/ li signatures ) on the instrument the person(, or the entity upon behalf of which the person(§. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal LJ 4 Signalure JAMES D. FOWLER �' Commission tt 1910457 Z a .p Notary Public - California s $ San Luis Obispo County 57 Me Comm. Expires Oct 31, 2014, (setd) Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION S /-7/ u Type. of Satisfactory Evidence: —Pei serially Known with Paper Identification ae Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President 1 Vice- President I Secretary / Treasurer Other: Other Information: ;!,7 Thumbprint of Signer [ � check here if no Ihumbpiial or fingerprint is available. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attorneys) -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 ofthe corporaion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President mid its corporate seal to be hereto affixed on this 22nd day of April, 2011. WESTERN SURETY COMPANY a Ep0 •� Paul 3rBruflat, Senior Vice President State of South Dakota 1 ss )j County of Minnehaha On this 22nd day of April, 2011, before me personally came Paul T. Brflat, 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 die 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 die act and deed of said corporation. My commission expires + D. KRELL Novemher30,2Oi2 i aL NOTARY PUBLIC SEAL )f SOUTH DAKOTA r ♦Yb ...............4444.,.. CERTIFICATE XQ.4A 7"a - D. Krell, No ry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and aMixed the seal of the said corporation. this 4th day of May 2011. WESTERN SURETY COMPANY W? cop. oz ail S L. Nelson, Assistant Secretary Form F4280 -09 -06 Citv of Newport Beach 2010 -2011 OCEAN PIERS MAINTENANCE Contract No. 4682 BOND NO. 58681786 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Associated Pacific Constructors, Inc., hereinafter designated as the "Principal,' a contract for construction of 2010 -2011 OCEAN PIERS MAINTENANCE, Contract No. 4682 in [fie City of Newport Beach, in strict confoimily with the plans, drawings, specifications and other Coniract 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. 4682 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall tail 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 fund, the Surely an this bond v ✓ill pay the same b� the extent hereinafter set forth: NOW, THEREFORE, Vde the undersigned Principal, and, Western Surety Company _ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred - Sixteen Thousand, Seven Hundred and 001100 Dollars ($316,700.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the 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 attorney's fee, [o be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 3.:; The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civ,! Code of the Stale 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 thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond fN WITNESS WHEREOF, this instrument has Principal and Surety, on the 4th _-day of May Associated Pacific Constructors, Inc. (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Ste. 115OW _W_oodjand $111g, CA 91367 Address of Surety 818 713 -2031 Telephone executed by the above named .2011. Agent Signature Shirley Littell- Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT PIp .... m p aiYtluY ............. e. 1 ............. p..... „ p ,.. 9 p R p . . i. p. i99• State of California County of Ventura } SS. On —.May 4, 2011 before 1718, Judith A. Senites _ Notary Public, personally appeared _ Shirley Littell ,who proved to me on the basis of satisfactory evidence to be the percon(s) whose riame(s) is /afe subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(iras), and that by histher /their signatures(s) On the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. XMTNH A. fiEN1TE6 Commiaolon 1871651 Notary Publie - California n Ventura County Comm. Eit ire$ Nov 20.2013 + (seal) . I . . I . . . . . . . . . . ................... Y............................., OPTIONAL INFORMATION Date of Domiment May 4,_ 2011 — — Thumbprint of Signer Type or Title of Document Labor and Materials Payment En Irid _` Number of Payes in Document 2 Document in a Foreign Language Type of Satisfactory Evidence: x Personally Known with Paper Identification f Pa ,er Identification 35 Credible Witness(es) [] GircE Mere i! Capacity of Signer: no rhumt;pnni Trustee or rin;_ICrprini x Power of Alton'iey is available CEO / CFO / C00 President,' Vice-President / Secretary I Treasurer Other: Other Information'— 35 N ACKNOWLEDGMENT ............................................... ............................... State of California County of jnnI_OLS6� A20 _i ss _ bete J)O , ,j Notary Public, personally appeared —p au) -- — - . -_,who proved to me on the basis of satisfactory evidence to be the personN) whose name( is / -\e subscribed to the within instrument and acknowledged to me that he /size /1'N�y executed the same in hisNr/tT*r authorized capacity(IN, and that by his!lis1,flN -ir signalures('-_� on the instrument the persons, or the entity upon behalf of which the personjs) 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. JAMES D. FOWLEfl Commission # 1910457 QMy Notary Public - o County i z San Luis Obispo County Comm. Expires Oct 31, 2014 Signature (seal) ............. .................................... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 5P11/ C--7 m&_'i g c- — Type of Satisfactory Evidence: _ Personally Known with Paper Identification Jy__ Paper Identification _ --Credible Witness(es) Capacity of Signel. Trustee _ Power of Attorney CEO /CFO /COO President / Vlce- President I Secretary / Treasurer Other: Other Information, ;ri Thumbprint of Signer u Check hero ll no thumbpnnl of liogerpiinl * available. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true mid lawful Atiorney(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 die 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 22nd day of April, 2011, r „s�aErr, WESTERN SURETY COMPANY ;Nf•�pPUgq�'ie= >♦`TE PV S�xN GPµaP.+' Paul 4rBruflat, Senior Vice President State of South Dakota County of Minnehaha 1 )j ss On this 22nd day of April, 2011, 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 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 mid that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires .....nsy 1 s D. KRELL + November 30, 2012 f�NOTARY PUBLIC (R” SEAL SOUTH DAKOTA SEAL 'r laeeey5s5e .....5esw5.. CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove 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 offhe said corporation this 4th day of M ay , 2011 . WESTERN SURETY COMPANY .Wjo t (Dy G9411{�..cQ �". `INOPiIO J L. Nelson, Assistant Secretary Fmm F4280-09-06 Client#: 218769 PACONSTR2 ACORD- CERTIFICATE OF LIABILITY INSURANCE OATS /YYYY) TYPE OF INSURANCE 5109912011201 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COONNTACT Bianca Rodriguez (805) 682 -2571 _ rxoxe 805- 879 -9542 805- 61_7 -1762_ (AID, Na.EAJ_. AIC. NL.t HUB Int'I Insurance Se". Inc. _'� _ ____ _- _ ADDRE biancH.rodriguez@hubinternational.com ADDRESS. 9 V 40 East Alamar Avenue �PrsDDDO[I PACONSTR2 cusTOMER IDa_ Santa Barbara, CA 93105 MED EXP(Any one parson) $5,000 PERSONAL R ADV INJURY INSURER(SI AFFORDING COVERAGE NAICa INSURED ENSURER A: Northern Assurance Co of Americ 38369 Associated Pacific Constructors, Inc. I INSURER 9: National Union Fire Ins Co Pitt 19445 Pacific Constructors, Inc. INsuReRc: Netherlands Insurance Company —' 24171 495 Embarcadero �– —'— LIABILITY PNV nuro ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON.OWNr:D AUTOS Morro Bay, CA 93442 0 INSURER O: BA8331570 iDI1812010 10118/20111 COMBINED SINBLE I. 'MIT (Ea amdewi INSURER E NSURER F: b COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 3 THIS IS TO CERTIFY THAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR D POLICY NUMBER Cupp EFF PMOi I E %P I LIMNS A GENERAL ABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR X BUPD Ded:5,000 NSJH70596 P81 w /Crew incl Pollution Liab 1011812010 1011812011 EACH OCCURRENCE $11,000,000 TKITATLTrOWNTED PREMISES Ea d,aencel $100,000 MED EXP(Any one parson) $5,000 PERSONAL R ADV INJURY $ X1 See Remarks Section GENERAL AGGREGATE 12,000,000 GEN'L AGGREGATELiMIT POLICY APPLIES PER. PRO LOC PRODUCTS- COMPIOP AGE $1,000000 S C AUTOMOBILE LIABILITY PNV nuro ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON.OWNr:D AUTOS BA8331570 iDI1812010 10118/20111 COMBINED SINBLE I. 'MIT (Ea amdewi $1000000 BODILY OJJURY(Per person) b I BODILY INJURY (Per a iaenq S IXX PROPS 0AMAGE (P. actltlent $ 5 A X UMBRELLA LIAR EXCESS LIAR X OCCUR CIAIMS.MADE N5J1-171736 10/18 12010 10/18/2011 EACH OCCURRENCE s4 000 000 AGGREGATE. $4,000,000 DEDUCTIBLE RETENTION $ 5,000 Is X Is B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PrtOPRiETORIPARMEiLEXECUTrvEYI ❑N OFFICERIMEMBER EXCLUDED? (ManCalory In NH) II es. tlayriae goer DESCRIPTION OF OPERATIONS thb NIA VIC5226569 WC WC5226570 USL &H 1010112010 1010112011 X We sTnru� 121 H� EL EACn AIX:IOEtn $1,000,000 E L. DISEASE rA EMPIOYEF $1,000,000 E L DISEASE �POLICY L•MR 81,000,000 A Rented /Hired E ui mant I 1 N5JH70596 1 10/18/2010 10/18/2011 $500,000 Limit $1,000 Ded DESCRIPTION OF OPERATIONS 1 LOCATIONS) VEHICLES (Altnch ACORD 101, ALdOianal RamnrMS Schedule, d more apace is required) Ref. Contract No, 4682; Job: 2010 - 2011 Ocean Piers Maintenance; Description: Pier Repairs. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as (See Attached Descriptions) City of Newport Beach 3300 Newport Blvd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Newport Beach, CA 92658 AUTHORIZED REPRESENTATIVE ®1968 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1169230/M939778 BR43 DESCRIPTIONS (Continued from Page 1) j Additional Insured's as respects: liability arising out of activities performed by or on behalf of Contractors, including the Insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor, under the General Liability Policy, per the form attached: IMU 00 10 LPL04 01 07. 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. Waiver of Subrogation is in favor of City, its elected or appointed officers, agents, officials, employees and volunteers as respect to the Workers' Compensation Policy, per the form attched: WC 04 03 61 (Ed. 11/90) Notice of Cancellation Provision, is attached: IMU 0071 01 07 - Item 14 B. Protection & Indemnity /Hull & Machinery Coverage: $10,000 BI /PD Ded: "Moe'; "JC Freeze" w /crane; "Merl'; "Mani 1' "Mani 11 "; "Napa Valley "; Sea Quest "; "Bree- Tessa "; & "Amy Bee" $1,000 BI /PD Ded: "Whitey "; "CSI Skimmer "; & "Cayucos" AMS 25.3 (2009109) 2 of 2 RS1 169230IM939778 Insured: ASSOCIATED PACIFIC CONSTRUCTORS, IN Policy: N5JH70596 ENDORSEMENT 19 Effeclive:04 /21/2011 I Premium This Endor:emenr Amends The Following Cme:ao, ?1rts: .%)TAL ADDITIONAL PREP1111:4 SCHEDULE OF FOPI -Iii, 1:11 0908 O1 O "i AMEND Form I::): :MV OO10 01 O% EndersemLnt 1 - ADDITICyiLL INSURED FRIMT&i S WAI MR OF SVCRO - THE CITY OF !'RWFORT. CCH 3 01701076 05/06/2011 I Xl, C =W PR ".,IU iMU 00200907 P3gr. 1 of 1 E- INSURED Insured: ASSOCIATED PACIFIC CONSTRUCTORS, IN Policy: N5jH70596 ENDORSEMENT19 Effective: 04/21 / 2 01 1. Pol:ic.; NJI?7:]`)?6 (Commercial Marine Package) Effec rive April 21, 2011 and in consideration of the premiurn charued, it is agreed LhaL the following entiLy is hereby named as Additional Insurcd under Section; 1 - Commercial. Marine Liability: Part I - Harine General Liabi l i i.1,; and "art IT - Protection .S Indemnity, as r.hei r inneresL.s may appear. ..iLh re.spcct to work performed by the Named Insured on 201:? - 201.1 Ocean Piers hla.intenance Contract No. 4682; Pier. repairs. The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers 3300 Newport Boulevard Newport Beach, CA 92658 -8915 It is further agreed that the Additional Insured is hereby granted Eul.l waiver of subrogation winh respect to said projects, and that this policy shall be con.si.dered primary and non - contributory with respect to all other coverages available to the Additional Insured. 3 0901076 C5/06/201i IMU 00 10 LPL04 01 07 LXL C'2W PR 3.993 E- INSURED Insured: ASSOCIATE) PACIFIC CONSTRUCTORS, 1N Policy: NSjH70596 ENDORSEMENT19 Effective:0' /21 /2011 Cornmer.cial General. Li ab.iILty CG 20 3 r 10 01 Poli.cv Number: NS.FI 70596 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REND IT CAREFULLY ADDITIONAL INSURED - OWNE:RS, LESSEES OR CONTRACTORS - C.OMPLETED OPERi�TIONS This endorsement mod,ifi.es insurance provided under- t-he following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Newport: Beach its elected or appointed oiticers, agents, officials, employees, and volunteers 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Location and Description of Completed Cpcc--i:.ions: 2010 - 2011 Ocean Piers Maintenance ConLract No. 4682; Pier repairs (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11. - WHO IS AN INSURED is amended to include af: an insured the person. or organizaLioi, shown it Lhe Schedule, but only with respect Lo liability arising out of "your work" a_ =he location designated and descrihed in the schedule of Zhis erdorsement performed for t.hal-. insured Grid i.ucluded in the "products- compie:.ed o1erG_ ions Lazdrd." 20 37 10 01 ISO Properties, 3 0401076 05/06/2011 L \L C:W PR 0.993 IMU 0010 LPL04 01 07 E- INSURED G. Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. H. Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. I. Cooperate with us in the investigation or settlement of the claim. 10. Examination Under Oath We may examine any insured under oalh, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including any insured's books and records. In the event of an examination, an insured's answers must be signed. 11. Loss Payment under Section III A. In the event of loss or damage covered by Section III of this Policy, at our option, we will either: (1) Pay the value of the lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property, subject to b. below; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality, subject to b. below. We will determine the value of lost or damaged property, or the cost of its repair or replacement, in accordance with the applicable terms of the Valuation Condition in the Coverage Part or any applicable provision which amends or supersedes the Valuation Condition. B. The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of any ordinance or law regulating the construction, use or repair of any property. C. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. D. We will not pay you more than your financial interest in the Covered Property. E. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. F. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. G. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss, if you have complied with all of the terms of this Coverage Part and: (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. 12. Subrogation In the event of any payment under this policy the Company shall be subrogated to all the Insured's rights of recovery thereof against any person or entity, and the Insured shall do whatever necessary to secure such rights. 13. Impairment of Recovery Rights If any act or agreement of the Insured, before or after a loss arises, impairs the Insured's right to recover from others, the Company will not cover the loss or damage; nor will the Company cover any loss or damage which the Insured settles or compromises without the written consent of the Company. 14. Cancellation Either the first named Insured in the Declarations or the Company can cancel this policy or any individual Coverage Part at any time. A. Cancellation By The Insured The Insured can cancel this policy or any individual Coverage Part by sending the Company notice of the date the Insured wants the coverage to end. The Company will then refund any unearned portion of the premium you paid, on a short rate basis. B. Cancellation by the Company The Company can cancel the policy or any individual coverage section by sending to the Insured first named in the Declarations, at the address shown on the Declarations, notice of the effective date of cancellation. The Com- pany must do this at least thirty (30) days prior to the cancellation date unless the Company is canceling the insurance because the Insured failed to pay premiums. In that case, the Company is required to give the Insured only ten (10) days notice. If notice is mailed, proof of mailing will be sufficient proof of notice that the Insured was informed of the cancellation. The Company will also notify any mortgagee shown in the Declarations. C. Additional premium may be due and owing to this Company upon cancellation for those Coverage Parts underwritten on a reporting basis, since reports are to be rendered to the date of cancellation. IMIJ 0071 01 07 Includes copyrighted material of Insurance services Office, Inc, Page 4 of 6 Copyright 2006, OneBeacon Insurance Group 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. (7he folluwing "allaching clause" need be completed only when this endorsement is issued subsequent to preparation of the poScy). This endorsement, effective 12:01 AM 10/01/2010 forms a part of Policy No. WC 522-65-69 Issued to ASSOC IATED 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 v,hom 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 2 % of the total estimated workers compensation premium for this policy. F f%r r •5 WC 04 63 61 Countersigned by _ _ _ _ _ _ _( (Ed. 11.1.9.0) l 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: 5/9/2011 Dept. /Contact Received From: Shari Rooks Date Completed: 5/9/2011 Sent lo: Shari By: Joel Company /Person required to have certificate: Associated Pacific Constructors, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Northern Assurance Co. of America B. AM BEST RATING (A-: VII or greater): A; XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000.000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes FX No F F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F7X No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes No O H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? Yes No �X 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. New Acord Wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: National Union Fire Ins. Co of Piusbuigh B. AM BEST RATING (A -: VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No 0 D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, S2M min for Waste Haulers): What are the limits provided? SI.000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only) Is it included? N/A Yes No F. 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. New Acord Wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Netherlands Inswance Company B. AM BEST RATING (A-: VII or greater): A: XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes FNo 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: l/ Agent of Alliant Insurance Services Broker of record for the City of Newport Beach play 10. 2011 Date Yes FX No a = Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Dale DATE: Fro: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 2010 -2011 OCEAN PIERS MAINTE CONTRACT NO. City En ALLPLANHOLDERS E 1. The detail for Item 5 "Newport Railing Addition" was left off the Plans. See Attached detail for the railing addition. 2. The quantity for Item 5 "Newport Railing Addition" was left off the Proposal. Attached is the revised Proposal Sheets. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) 6. %D // Authorized Signature p Title �7 cAdocuments and settings %tsandefur \desktopladdendum -1 c- 4682.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT REVISED PROPOSAL 2010 -2011 OCEAN PIERS MAINTENANCE CONTRACT NO. 4682 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. 4682 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 Lump Sum Mobilization / @ ���(%ie�5c Ao/ Dollars and No Cents �D�Q60.O�1 $ 'YDj a6 o. CO Per Lump Sum Lump Sum Newport Pier Repairs ,�F,cj -F.v6 rthosa.�q� @ Dollars and i� Cents .SS d o0, 00 $ S y 000. Ov Per Lump Sum 3. Lump Sum Balboa Pier Repairs @tcJ6 ooS%WD Dollars and NU Cents Per Lump Sum 4. Lump Sum Newport Pier Lifeguard Headquarters Pile /Girder Strap Replacement ��/_ JJt r p� JTfOUSffi./1J Dollars and /✓y Cents Per Lump Sum Y6106,1).66 $ J761666 66 33, Qoa. a v $ 33, 60o. Qd REVISED PR 2 of 2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 2,150 Linear Foot 6. Lump Sum Newport Pier Railing Addition @ %%7// L /GNT Dollars and All Cents Per Linear Foot As Built Plans @ Dollars and Per Lump Sum $ 34?. 00 $ 79. boo. 60 $ �) 600,E The selection of lowest responsible bidder shall be based on the Total Base Bid amount for Items 1 through 7 above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). AD0I:TFVE.'.15ID',ITEi9i Al. 1 LS All Stainless Steel Hardware ou5c—w @ /XArIVI �/yC —/A Dollars and /vz) Cents $ �ooy Per Lump Sum TOTAL PRICE IN WRITTEN WORDS �u/o ytiN79/ 1 �iy�'1�/ `101f i�, o�CSri✓i0 /GHi /iui✓o2� Dollars and /./0 Cents Date 77�7-74172— dos 77.�. 5-v5 Bidder's Telephone and Fax Numbers Bidder's License No(s) and Classification(s) Bidder's email address: /0 $ a &9 goo. 2 ^ Total Price (/Figures)) dxJ,1w�7�/Jey, %u�C Bidder's Authoprize Si naatture and e �%j.T Er, 6�✓C4c% /iJ,n'vt� ISR,, CB �3s��i Bidder's Address i Wfs 4a4 NEWPORT PIER RAILING ADDITION E X! S T 1 N (C mr A-In &M h F A U- pit ski K U x i THIN DF M SIDE RAIL (11'. P) I` If I., � " f-, 5:(6 POST N"S.11,;A-1-1 .3 G PRE-Si--`,1JRE RAIL "VYTH U "AUT A PUBLIC WORKS DEPARTMENT 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 INDEX FOR SPECIAL PROVISIONS 2010 -2011 OCEAN PIERS MAINTENANCE CONTRACT NO. 4682 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -12 BACKGROUND INFORMATION 2 -12.1 Previous Investigations 2 -12.3 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 3 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -3 LIABILITY INSURANCE 5 7 -3.1 Additional Insurance Requirements 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.1 Cleanup and Dust Control 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 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 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 11 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 205 PILES 11 205 -1 TIMBER PILES 11 205 -1.4 Pile Protection 11 SECTION 206 MISCELLANEOUS METAL ITEMS 11 206 -1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS AND ANCHOR BOLTS 11 206 -1.1 Requirements 11 206 -1.1.1 General 11 206 -1.5 Stainless Steel Components 11 SECTION 210 PAINT AND PROTECTIVE COATINGS 12 210 -3 GALVANIZING 12 210 -3.1 General 12 210 -3.5 Repair of Damaged Zinc Coating 12 SECTION 305 PILE DRIVING AND TIMBER CONSTRUCTION 12 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 12 305 -2.1 General 12 305 -2.2 Materials 12 305 -2.3 Workmanship 13 305 -2.7 Submittals 13 305 -2.8 Execution 13 SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS / 1� cc 2010 -2011 OCEAN PIERS MAINTENANCE CONTRACT NO. 4682 3 12 11 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H- 5197 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the 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 making repairs to the two existing City piers including grouting cracks in stringers, piles and cross bracings, replacing deteriorated fasteners, and replacing missing or broken timber members." 2 -12 BACKGROUND INFORMATION 2 -12.1 Previous Investigations. A pier inspection report was prepared by Associated Pacific Contractors, Inc. and dated December 8, 2010. This report is the basis for the plans. Copies of this report are available for inspection at the offices of the Public Works Department upon request. Copies of these reports are available for purchase from the office of the Engineer upon request for a cash payment of $50.00 for each inspection report. SP2OF13 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 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 -3.2 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 ............. ............................... 15 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. SP3OF13 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. 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 schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work SP4OF13 until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty (60) consecutive working days after the date on the Notice to Proceed. All work shall be completed by July 1, 2011. Any work not completed by July 1, 2011 shall be completed after September 5, 2011. 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 15` (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4 th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`h (Christmas Eve), December 25`h (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondg is a holiday. If January 15 July 4th November 11`h December 24th December 25t or December 31st falls on a Saturday, the Friday before 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. The request may be for 8:00 a.m. to 6 p.m. on Saturday only. 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 $123.00 per hour when such time periods are approved. SP5OF13 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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 inconvenience to residences, businesses, vehicular and pedestrian traffic, and 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: "If needed, City forces will perform all shut downs of water facilities. 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 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 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. No construction debris or dust shall be allowed to fall into the ocean below." 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 SP6OF13 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 sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or 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 www.newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 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 storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP shall be approved by the Engineer prior to any work. 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 existing concrete deck. SP7OF13 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. 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 traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). The piers are used by fisherman and pedestrians, for lifeguard activities, and for vehicular deliveries to restaurants located at the end of the piers. The Contractor shall maintain continuous access for such use' 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may not be stored on City parking lots, sidewalk areas, beaches, piers, etc., except as permitted by the Engineer. The Engineer will designate the locations and lengths of time where the Contractor may store equipment and materials." It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction SP8OF13 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. 5. Emergency vehicle access shall be maintained at all times. 6. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangement by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 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 Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be SP9OF13 City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. SP 10 OF 13 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, bidding, preconstruction meeting, bringing equipment and material onsite, and all other related work as required by the Contract Documents. Item No. 2 Newport Pier Repairs: Work under this item shall include all removals, construction, repairs, and all other work items as required to complete the work in place as shown on the plans. Item No. 3 Balboa Pier Repairs: Work under this item shall include all removals, construction, repairs, and all other work items as required to complete the work in place as shown on the plans. Item No. 4 Lifeguard Headquarters Pile /Girder Strap Replacement: Work under this item shall include all removals, construction, repairs, and all other work items as required to complete the work in place as shown on the plans. Item No. 5 'Newport Pier Railing Addition: Work under this item shall include all removals, construction, repairs, and all other work items as required to complete the work in place. Item No. 6 As -Built Plans: The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. SP 11 OF 13 ALTERNATIVE BID ITEM Item No. Al All Stainless Steel Hardware: This item shall be the incremental cost to use Type 316 stainless steel nuts, washes, and other miscellaneous hardware on this project in place of the specified galvanized hardware. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 205 - -- PILES 205 -1 TIMBER PILES 205 -1.4 Pile Protection. The Contractor shall clean and prepare timbers piles for the use of Sikadur 32 or Sikadur 35 (or approved equal) to fill cracks and splits in piles and other structural members. SECTION 206 - -- MISCELLANEOUS METAL ITEMS 206 -1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS AND ANCHOR BOLTS 206 -1.1 Requirements. 206 -1.1.1 General. Add to this section "All items of hardware such as steel plates, shapes, shim plates, bolts, chain guides, threaded rods, lag screws, nuts, washers, screws, nails, spikes, timber connectors and fasteners shall be furnished and installed as required, unless otherwise noted on the plans. Structural steel shall be ASTM A -36, bolts shall be A -307, pile shall be A -501 or A -53 and nails shall be common wire nails, unless noted otherwise. Bolts, nuts and washers shall be hot -dip galvanized in accordance with ASTM A -153. Nuts and bolts shall be threaded before galvanizing. Malleable iron washers shall be used wherever bolt heads or nuts bear upon wood or plastic. Malleable iron washers shall conform to ASTM A -47. Nuts shall conform to ASTM A -563. All work shall be galvanized after fabrication and furnished and installed as required." 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. SP 12 OF 13 SECTION 210 - -- PAINT AND PROTECTIVE COATINGS 210.3 GALVANIZING 210 -3.1 General. Add to this section "All fabricated metal items, plate, angle, brackets, clips, bolts, nuts, washers, and miscellaneous hardware except stainless steel items shall be hot -dip galvanized in conformance with Section 210 -3 unless noted otherwise on the Plans. All galvanizing shall be done after fabrication." 210 -3.5 Repair of Damaged Zinc Coating. Add to this section "All damaged galvanizing shall be treated in accordance with this section of the Standard Specifications. Hardware shall be galvanized after cutting, forming, bending, welding or after being damaged." SECTION 305 - -- PILE DRIVING AND TIMBER CONSTRUCTION 305 -2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 305 -2.1 General. Add to this section "Timber construction consists of furnishing supervision, labor, materials, transportation, equipment and incidentals necessary for reinstalling, and replacing missing or damaged stringers, cross bracing, and cross bridging; drilling holes; fabricating metal items for connection of associated timber work to existing and new stringers, cross bracing, cross bridging; and miscellaneous timber work as may be directed by the Engineer. Bolts, anchors, straps and similar items which are not specifically called for under this Specification, but which are needed for the installation of various parts of the work, shall be provided and installed by the Contractor. Contractor shall re -attach and re- secure all loose cross bridging with hot dipped 40 penny nails to match existing. All cross bracing, completely split in two, shall be replaced." 305 -2.2 Materials. Add to this section " Unless noted otherwise on the Plans, all new and replacement timber and lumber material for stringers, cross bridging, cross bracing, blocking, and framing shall be rough size Pacific Coast Douglas Fir, Number 1 or better and shall conform to Sections 204 -1.1.2 and 204 - 1.3.1. All timber and lumber shall be pressure treated with chemonite (ACZA) per AWPA Standard 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: 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. Ali 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." SP 13 OF 13 305 -2.3 Workmanship. Add to this section "Any existing materials or members not shown to be removed or replaced that are damaged during the construction shall be replaced with new materials to match the existing. Lumber shall be connected and fastened as indicted on the plans. Members to be bolted shall be predrilled no more than 1/8-inch larger than the bolt diameter. Splices shall be staggered. There is to be a minimum of field drilling and cutting of lumber as it exposes untreated wood. Handling and care of pressure treated wood shall conform to the requirements of the Standard Instructions for the Care of Pressure Treated Wood (AWPA M -4). All necessary cuts, bolt holes, etc., in piling or lumber, existing or new, shall be swabbed thoroughly with two coats of copper napthanate. Contractor shall remove laitance, grease, oil, rust, and other bond inhibiting materials from cracks, splits and crevices in the pier's structural elements by wire brush, sand blasting or water jet prior to epoxy application." 305 -2.7 Submittals. The Contractor shall: A. Supply Certificates of materials compliance for all timber and lumber. B. Notify the Engineer one week prior to treatment of timber and lumber so that plant inspection may be arranged. C. Furnish the Engineer, one week prior to doing any timber work, with certificates of wood preservative treatment for approval. The written certifications and plant inspection analysis reports shall conform to the requirements of Section A of AWPA M2 -97. Any timber delivered to the job site that does not meet the minimum requirements of net retention and/ or penetration of preservative shall be rejected by the Engineer. Rejected material shall be immediately hauled away by the Contractor at his own expense. 305 -2.8 Execution. The Contractor shall: A. Pre -drill pilot holes with a bit 1/16 inch less diameter than the diameter of the nail for all nails larger than 16d. Nail without splitting wood. B. Drill straight and true from one side only. C. Do not bear bolt threads on wood, but use malleable iron washers under head and nut where both bear on wood, and use malleable iron washers under all nuts. D. For stinger, pile cap, pile, and other treated wood members which have ends cut off or holes drilled, the cut surface or the hole shall be thoroughly cleaned and treated per AWPA M4 -96. E. Pour bolt holes full of preservative prior to installing bolts. LOCATION MAP 2010-2011 OCEAN PIER MAINTENANCE CONTRACT NO. 4682 (PAGE 2 OF 2) 11 \VJLV 1 LV V/-1 I Ivl V (BALBOA PIER) �EW�Rr CITY OF NEWPORT BEACH C��lF00.NP City Council Staff Report Agenda Item No. 6 April 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Tom Sandefur, P.E. APPROVED: 6.UAN L TITLE: 2010 -2011 OCEAN PIERS MAINTENANCE —AWARD OF CONTRACT NO. 4682 ABSTRACT: APR z r: Zi"tl As part of the on -going maintenance required on the Newport and Balboa Piers, the City generated plans, advertised and received bids for various repairs. RECOMMENDATION: 1. Approve the project drawings and specifications. 2. Award Contract No. 4682 to Associated Pacific Constructors, Inc. for the total bid price of $316,700.00, and authorize the Mayor and City Clerk to execute the Contract. 3. Establish an amount of $47,500.00 (15 %) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this contract. Account Description Tide and Submerged Lands Account Number 7231- C4801001 Total: Amount $ 365,200.00 $ 365,200.00 2010 -2011 OCEAN PIERS MAINTENANCE —AWARD OF CONTRACT NO. 4682 April 26, 2011 Page 2 Proposed uses are as follows: Vendor Associated Pacific Associated Pacific Various . DISCUSSION: Purpose Amount Construction $ 316,700.00 Construction Contingency 47,500.00 Printing and Incidentals 1,000.00 Total: $ 365,200.00 At 10:00 a.m. on April 7, 2011, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Associated Pacific Constructors $291,700.00 * 2nd John S. Meek $334,160.00 * 3`d R.E. Staite Engineering, Inc. $471,427.50 *Corrected Bid The low total bid amount is 59% lower than the Engineer's Estimate of $490,750.00. The disparity between the estimate and the actual bid prices reflect a continued favorable construction market. An additive bid item was included for the bidders consideration that would change all the galvanized hardware to stainless steel hardware. Associated Pacific Constructors bid $25,000 on this additive item. Based on the favorability of the bid and the longer lasting, higher quality product that would be produced, Staff recommends awarding the contract with the additive bid item included. The low bidder possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Associated Pacific Constructors' references indicates satisfactory completion of similar projects for other public agencies, including several projects for the City of Newport Beach. Given the favorable project bid, staff recommends Council approve a 15% contract contingency limit with this contract. The contingency will be used to address any damage that has occurred subsequent to the Ocean Piers Inspection Report completed in November 2010. The work necessary for the completion of this contract consists of making repairs to the two existing City piers including grouting cracks in stringers, piles, and cross bracings, replacing deteriorated fasteners, and replacing missing or broken timber members. In addition, the project will also replace corroded girder straps under the Life Guard Headquarters. 2010 -2011 OCEAN PIERS MAINTENANCE —AWARD OF CONTRACT NO. 4682 April 26, 2011 Page 3 Pursuant to the Contract Specifications, Associated Pacific Constructors will have 60 consecutive working days to complete the work. Any work not completed by July 1, 2011, shall be completed after September 5, 2011. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the Contractor to residents and businesses within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents and businesses two days before work will start adjacent to their property. Q-k -,;++. A k Attachment: Location Map LOCATION MAP 2010 -2011 OCEAN PIER MAINTENANCE CONTRACT NO. 4682 (PAGE 1 OF 2) o s� ' � o ry�0�' ti I ti� a o ti Q I 1_j i ✓ PROJECT LOCATION (NEWPORT PIER) LOCATION MAP 2010 -2011 OCEAN PIER MAINTENANCE CONTRACT NO. 4682 I N V u L V I LVV % -II (BALBOA PIER)