HomeMy WebLinkAboutC-5760 - Contract for the Improvement of Public Work Lake Ave Park Seawall Repairs0
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CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
LAKE AVE PARK SEAWALL REPAIRS WITH ASSOCIATED PACIFIC
CONSTRUCTORS, INC.
C -5760
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ( "Contract ") is
made and entered into as of this 14th day of May, 2014 ( "Effective Date "), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and Associated Pacific Constructors, Inc., a California corporation ( "Contractor'),
whose principal place of business is 495 Embarcadero, Morro Bay, CA 93442, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform Lake Avenue seawall repairs. The
work necessary for the completion of this contract consists of installing synthetic
sheet sections, filling the voids between the seawall and sheet sections, sealing
all above mud line sheet joints for water tightness, and installing a cap seal along
the top of the sheets, as more fully described in the Contract Documents
( "Project ").
C. City has solicited and received a proposal from Contractor and desires to retain
Contractor to render services under the terms and conditions set forth in this
Contract.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, and is familiar
with all conditions relevant to the performance of services and has committed to
perform all work required for the price specified in this Contract over a period of
ten (10) consecutive working days commencing upon issuance of the "Notice to
Proceed."
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on September 30, 2014, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Insurance Requirements, attached hereto as Exhibit A; Notice
Inviting Bids and Bid Packet, attached hereto as Exhibit B; Faithful Performance Bond,
attached hereto as Exhibit C; Labor and Materials Payment Bond, attached hereto as
Exhibit D; all Project Permits; the Standard Special Provisions and Standard Drawings;
Plans and Special Provisions for Contract No. C -5760; 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 "). Exhibits A, B, C and D, and all other named Contract Documents, are
incorporated herein by reference. The Contract Documents comprise the sole
agreement between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void. Any
amendments must be made in writing, and signed by both parties in the manner
specified in the Contract Documents.
2.2. Scope of Work. Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the Project
as identified in the Contract Documents ( "Work' or "Services ").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract
and Contractor shall complete the Work within 15 calendar days from the date of
issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted
may result in termination of the Contract by City and assessment of damages as
outlined in Section 3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for
in this Contract within 15 calendar days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five
Hundred Dollars ($500.00) for each consecutive calendar day beyond the date
scheduled for completion.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor
accepts as full payment the sum of Forty Seven Thousand Eight Hundred Seventy
Five Dollars and 001100 ($47,875.00), less any money deducted pursuant to Section
3.2. Contractor shall not receive any additional compensation unless approved in
writing in advance by City's Project Administrator as defined herein. City shall make full
payment to Contractor no later than thirty (30) calendar days after acceptance of the
Work by City.
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4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or
expense occurs prior to acceptance of the Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Kristopher P. Ahrens to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department City's
Principal Civil Engineer, or designee, shall be the Project Administrator and shall have the
authority to act for City under this Contract. The Project Administrator or designee shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Contract.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall
not be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Contract, and that it will perform all Work in a manner
commensurate with the highest professional standards. For purposes of this Contract,
the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first -class firms performing similar work under similar
circumstances.
7.4. All Services shall be performed by qualified and experienced personnel
who are not employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
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requirements of this Contract, all applicable federal, state and local laws, and the
highest professional standard.
7.5. Contractor represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. The Contractor shall only commence work covered by a change order
after the change order is executed and notification to proceed has been provided by the
City.
8.3. There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project, or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder; or for damage to property from any cause arising from the performance of
the Project by Contractor, or its subcontractors, or its workers, or anyone employed by
either of them.
9.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees
and volunteers (collectively, the "Indemnified Parties'), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
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attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Contract,
any Work performed or Services provided under this Contract including, without
limitation, defects in workmanship or materials or Contractor's presence or activities
conducted on the Project (including the negligent, reckless, and /or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them, or for whose acts they may be liable for any or all of them.
9.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Contract. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by Contractor.
9.5. Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
9.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7. Nothing in this Section or any other portion of the Contract Documents
shall be construed as authorizing any award of attorneys' fees in any action to enforce
the terms of this Contract, except to the extent provided for above.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
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11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work to
be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
Work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Contract or for other periods as specified in this Contract, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit A and incorporated herein by reference.
15. BONDING
15.1. Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract both of the following: (1) a Faithful Performance Bond in the
amount of one hundred percent (100 %) of the total amount to be paid Contractor as set
forth in this Contract in the form attached as Exhibit C and incorporated herein by
reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred
percent (100 %) of the total amount to be paid Contractor as set forth in this Contract
and in the form attached as Exhibit D and incorporated herein by reference.
15.2. The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category
Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide:
Property- Casualty.
15.3. Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Perforrance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
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16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Contract shall be paid to all workmen employed on the Work to be
done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him /her to comply with all State of California labor laws, rules and regulations, and the
parties agree that the City shall not be liable for any violation thereof.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Contractor is a partnership or joint-venture or
syndicate or co- tenancy, which shall result in changing the control of Contractor. Control
means fifty percent (50 %) or more of the voting power or twenty -five percent (25 %) or
more of the assets of the corporation, partnership or joint-venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Bid attached as Exhibit A. Contractor shall be fully responsible to City
for all acts and omissions of any subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor, nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary of
any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the Work to
be performed under this Contract shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
19.1. Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Contract, shall become the exclusive property of City, and City shall
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have the sole right to use such materials in its discretion without further compensation
to Contractor or any other party. Contractor shall, at Contractor's expense, provide
such Documents to City upon prior written request.
19.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this Contract
by City or persons other than Contractor is waived against Contractor and City assumes
full responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
20. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this Contract.
All such records and invoices shall be clearly identifiable. Contractor shall allow a
representative of City to examine, audit and make transcripts or copies of such records
and invoices during regular business hours. Contractor shall allow inspection of all Work,
documents, proceedings and activities related to the Contract for a period of three (3)
years from the date of final payment to Contractor under this Contract.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or designee with respect to such disputed sums. Contractor
shall be entitled to receive interest on any withheld sums at the rate of return that City
earned on its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
22. CONFLICTS OF INTEREST
22.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
22.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
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termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
23. NOTICES
23.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided.
23.2. All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Kristopher Ahrens
Associated Pacific Constructors, Inc.
495 Embarcadero
Morro Bay, CA 93442
24. 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. Contractor
and City expressly agree that in addition to all claims filing requirements set forth in the
Contract and Contract Documents, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Govt. Code §§ 900 et seq. ).
25. TERMINATION
25.1. In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. If such default is not cured within
a period of two (2) calendar days, or if more than two (2) calendar days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance of
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due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
25.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
26. 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 as defined by the Contract
Documents, 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.
27. STANDARD PROVISIONS
27.1. Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Contract.
27.2. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal,'state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
27.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
27.4. Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
27.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
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27.6. Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
27.7. Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
27.8. Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
27.9. Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
27.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Contractor, the prevailing party shall not be entitled to attorneys' fees.
27.12. Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ 5-L-4
ATTEST:
Date:
By:
Leilani I. Brown
CITY OF NEWPORT BEACH,
a California munici al corporation
Date:
By:
David A. eb
Public Works Director
CONTRACTOR: Associated Pacific
Constructors, Inc. a California corporation
Date:
By:
Paul E. Gillen
President and Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Insurance
Exhibit B — Notice Inviting Bids/ Bid Packet
Exhibit C — Labor and Materials Payment Bond
Exhibit D — Faithful Performance Bond
Associated Pacific Constructors, Inc. Page 12
EXHIBIT A
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at its
own expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A-
(or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by City's Risk
Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000) each
employee for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation
insurance shall amend its policy by endorsement to waive all rights of
subrogation against City, its elected or appointed officers, agents, officials,
employees and volunteers. Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of
City, its elected or appointed officers, agents, officials, employees and
volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products - completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
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contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of
recovery prior to a loss. Contractor hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City, its elected or appointed officers,
agents, officials employees and volunteers shall be included as additional
insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and /or the primary source of recovery with respect to City,
its elected or appointed officers, agents, officials, employees and volunteers.
Any insurance or self - insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
Associated Pacific Constructors, Inc. Page A -2
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award ".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at anytime.
B. Citv's Right to Revise Requirements. City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days advance
written notice of such change. If such change results in substantial additional
cost to Contractor, City and Contractor may renegotiate Contractor's
compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on
City, or its employees.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any parry or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
F. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self- insure its
obligations to City. If Contractor's existing coverage includes a self- insured
retention, the self- insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination of
the self- insured retention, substitution of other coverage, or other solutions.
Contractor agrees to be responsible for payment of any deductibles on their
policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
Associated Pacific Constructors, Inc. Page A -3
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insur4ance agent to this effect is acceptable. A certificate of
insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Associated Pacific Constructors, Inc. Page A -4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/9/14 Dept. /Contact Received From: Raymund
Date Completed: 5/14/14 Sent to: Raymund By: Chris
Company /Person required to have certificate:
Type of contract:
Pacific Construction Inc
All Others
GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 10/18/13 - 10/18/14
A. INSURANCE COMPANY: Starr Indemnity & Liability Company
B. AM BEST RATING (A-: VII or greater): A:XW
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
1I. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 10/18/13- 10/18/14
1,000,000/2,000,000
® Yes ❑ No
® Yes ❑ No
41 111111m
® Yes ❑ No
® Yes ❑ No
❑ Yes ® No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
A. INSURANCE COMPANY: Golden Eagle Insurance Company
B. AM BEST RATING (A-: VII or greater) A:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000,000
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
R PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 10/1/13- 10/1/14
A. INSURANCE COMPANY: Manufacturers Alliance Insurance Company
B. AM BEST RATING (A-: VII or greater): A:IX
C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
• POLLUTION LIABILITY
• BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
•
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
5/14/14
Date
1,000,000
® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.
EXHIBIT B
NOTICE INVITING BIDS/ BID PACKET
See Attached.
Associated Pacific Constructors, Inc. Page C -1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the ,office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
until 9 :00 AM on the 23rd day of April , 2014,
at which time such bids shall be opened and read.for
LAKE AVENUE PARK SEAWALL REPAIRS
Contract No. 5760
$ 55,000.00
Engineer's Estimate
City Engineer .
Prospective bidders may obtain Bid Documents and Project Specifications at
Mouse Graphics at (949) 548 -5571
Located at 659 W. 191h Street, Costa Mesa, CA 92627
Contractor License Classification(s) required for this project. "A"
For further information, call Fong Tee, Project Manager at (949) 644.3321
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http!//wvvw.Newi)ortSeachGA.gov
CLICK: Online Services /Bidding & Bid Results
City of Newport Beach
LAKE AVENUE PARK SEAWALL REPAIRS
Contract No. 5780
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
INSURANCE REQUIREMENTS ............................................ ...............................
C-1
LABOR AND MATERIALS PAYMENT BOND ....................... ...............................
D -1
FAITHFUL PERFORMANCE BOND .......... ............................... ............................E
-1
PROPOSAL............................................................................... ...............................
PRA
SPECIAL PROVISIONS ............................................................. ...............................
SP -1
K
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
INSTRUCTIONS TO BIDDERS
1. 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
INFORMAT]ON 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. Ail 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.
,229M " Z*
Contractor's License No. & Classification
Bidder
Authorized ignature/Title /
Date
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be Jointly and several) held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of en Percent of the amount bid------- -
.-----_---------------------.--- Dollars ($ 10% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of LAKE
AVE PARK SEAWALL REPAIRS, Contract No. 5760 In the City of Newport Beach, is accepted
by the City Council of the City of Newport Beach and the proposed contract is awarded to the
Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed,
including the required bonds, and original Insurance certificates and endorsements for the
construction of the project within thirty (30) calendar days after the date of the mailing of
"Notification of Award ", otherwise this obligation shall become null and void.
If the undersigned Pdnclpal executing this Bond is executing this Bond as an Individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 18th day of April 0 .2014.
Associated Pacific Constructors, Inc. G.�C
Name of Contractor (Principal) 9ut�l orl d,,9
'50A +t4�.hed q �Kao�feAp�n
Western Surety Company
Name of Surety
915 Wilshire Blvd., Ste. 1650
Los Angeles, CA 90017
Address of Surety
805 382 -1624
Telephone
Shirley Littell - Attorney in Fact
Print Name and Title
(Notary acknowledgment of'Principal & Surety must be attached)
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE
State of California
County of
Ventura.
On April 18, 2014 before me, Janet Burton, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Shirley Littell
Names) of Signer(s)
JANET BURTON
'Commisslon # 1904251
`M Notary Public - Cal flornis
Ventura County
4 Comm. Ex ires Oct t4, 2014+
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) Ware
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 Ldd d official seal.
Place Notary Seal Above Signature:
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bidder's Bond Document Date: April 18, 2014
Number of Pages: 1 Signer(s) Other Than Named Above:
Capaciity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual DAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Western Surety Company
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
o r ETC, p :rr~ 1,11a a :rr r
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 tae and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory inghuments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such i namrients 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 those presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 21st day of January, 2014.
Nop;
WESTERN SURETY COMPANY
a'!$`a'sA
N Unµ�M1 fPanl T. Bmflat, Vice President
State of South Dakota 1
J7 sa
County of Minnehekie
On this 21st day of January, 2014, before riv personally came Paul T. Bmfla4 to me known, who, being by me duly swom, did depose and say: dot he
resides in the City of Sioux Falls, State of South Dakota; that lie is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Director: 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 {Y44^"'^ J, MOHR`^^"`
J, .NUHR
June 25, 2015 { EA NCTAAY PUEILIC 8E V
I$$ SOVrH tUKOTA
j
J. Mohr, Notary Public
CERTIFICATE
I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this.. 18th day of April 2014
WESTERN SURETY COMPANY
211' e'; ��A_
e
�• St:
P
w�OO.e
W„r,� ¢av t
L. Nelson, Assistant Secretary
Fonn F4280 -7 -2012
ACKNOWLEDGMENT
State of California
County of _ San Luis Obispo
On A.L�_�r Al before me, Jodi L. Fowler, Notary Public
(insert name and title of the officer)
personally appeared auk - a _
Who proved tome on the basis of satisfactory evidence to be the personf Whose hane(s) Is/a"
subscribed to the within instrument and'acknowledged to me that he/,Oh they executed the same in
hisfJ�eF %iauthorized capacity i snd that by his /fief %tJaet signs { {u�(sj on the instrument the
person , or the entity upon behalf of which the perso�cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my hand and official seal.
JCDI L. FOWLER
Commission 10 1857488
-
San Lufs ObPubNe ispo Coon Calflornla ty
Sighal4 Notar
re � Comm. Ea Tres Nov 8, 2015 ~
(Seal)
'i Do-ep -5 'B 5~76/ 5
ACKNOWLEDGMENT
................................................ ...............................
State of California
County of } ss.
On before me, Notary
Public, personally appeared
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
N'.
...................... ..........r..........YY........ Y......... Y Y..............
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)
Thumbprint of Signer
07
Capacity of Signer:
_ Trustee
Power of Attorney
CEO /CFO /COO
President / Vice - President I Secretary / Treasurer
Other:
Other Information:
6
Check here if
no thumbprint
or fingerprint
fs avallable.
ACKNOWLEDGMENT
State of California
County of
ss.
On before me,
Public, personally appeared
,who
proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his /her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Notary
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
(sea!;
•t••••ss••1••••• Otta 0 N n n e n R YM b 11 Y .................. t i a w Y h 0......•• e . t•• t o e . a Y Ys
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
_ Paper Identification
Credible Witness(es)
Capacity of Signer:
_ Trustee
Power of Attorney
CEO /CFO /COO
President / Vice - President / Secretary / Treasurer
Other!
Other
7
Thumbprint of Signer
Q Check here If
no thumbprint
or fingerprint
is avallable.
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work In an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State law
and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made in these subcontractors except with prior approval of the City of Newport Beach. (Use
additional sheets if needed
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name:
Address:
Phone:
State License Number:
Email Address:
Name:
Address: V
-
Phone:
State License Number:
Email Address:
Name:
Address:
Phone:
Stale License Number
Email Address
Ahorized Signaturerfitl D
14-,)"l � Gellewl / .fiS��i�
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this forml!! Please print or type.
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. t
Project Name /Number
Project Desa
Approximate
Agency Nam
Contact Person '041 AL!L Ieg. Telephone (,�,,
Original Contract Amount $?3� % b Final Contract Amount $ YAA�-ai
If final am ou} t is different from on inal, please explain (change orders, extra work, etc.)
�✓d �/G %� Y t c �C ArIU.
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.
.0
No. 2
Project Name /Number
Project Description
Approximate Construction Dates
Agency Name
Contact
Telephone (&7
Original Contract Amount $ KO 0 Final Contract Amount $ !�:Sf IQ
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.
v
No. 3
Project Name/Number 1111el (A)eM4'f1'/
Project Description ?e0U#YG ! kee. , Am Zw 6
Approximate Construction Dates: From 11� / To:
Agency Name %'l�%SS /. /JLL7✓�'��/N6r flyiY�/�� f ��7��C
Contact Person Z%—/z ��V/ ,S Telephone (*31 Lis 7/
I Z / Pa�6 ro
Original Contract A mo un($ Final Contract Amount $ a, Zf �', G<r.S
If finalraxnount is different from Qriginal, pleas 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. I / 1
10
No. 4
Project Name /Number 4e -Zvle s ✓St AM-9
Project Description )Cw-4n s- f5/ari 12e j ✓c.
/CC /' A4 -4. cy.2
t� /
Approximate Construction Dates: From 2� 7o:
Agency Name // 5;, h ✓/S rT �/1 U� �T
Contact Person 1uJC, -/ew2 Telephone
Original Contract Amount $Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
/v
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name /Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Original Contract Am
Telephone (OA) '
Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 6
Project Name /Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the tractor's current financial
conditions.
Bidder Authorized SignatureetTi e/
12
KRISTOPHER P. AHRENS
Project Manager
Associated Pacific Constructors, Inc.
459 Embarcadero Morro Bay, CA 93442
(805) 234 2997
kahrens@associatedpacific.com
EDUCATION
■ California Polytechnic State University, San Luis Obispo Bachelor of Science in
Construction Management, graduated December 2009
SUMMARY
• Experienced in marine construction particularly timber pier repairs and maintenance,
pile driving, dock building, and dredging.
APC WORK EXPERIENCE — 6/18/2014 to Present
• Harford Pier Terminus Maintenance Project (Avila Beach, CA)
o Remove and replacement of damaged section of the pier (including piles, cap
beams, stringers, and decking).
0 2013
o $428,321
• Cayucos Pier Interim Repair Project (Cayucos, CA)
• Repairing damaged timber pier for upcoming winter swells.
• Winter of 2013 -2014
o $168,000
• Moss Landing Harbor Pile Replacement (Moss Landing, CA)
o Removing 220 damaged timber piles, pile guides and end of the slip fingers.
Installing 220 concrete piles, pile guides, and end of the slip fingers.
0 2012 -2013
o $2,284,065
• Morro Bay State Park Marina Maintenance Dredging (Morro Bay, CA)
o Dredging entrance to the Morro Bay State Park Marine to -8' MLLW. Dredged
approximately 32,800 cubic yards of material.
0 2012 -2013
o $1,119,322
Previous Experience
• Field Engineer for Connolly Pacific Co.
Duties: Daily Progress Reports, assist in planning, monitoring work, coordinating work,
surveying, and estimating. 10/04/10 to 6/15/12
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
NON- COLLUSION AFFIDAVIT
State of California ' )
- ewxul-s ) ss.
County of )
/ �". (� //A►/ bey�g first du! w jt)de Q�es a says that he or she is
o�l�tCf4C /A �f � s p//L =14.,, the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid Is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
under penalty of perjury of the laws of the State of California ty(at ihefor�goipg is true and correct.
/} n / i / AF
w` v —
Authorized Sidi nature/Title badle. ,�r/ /�O(' /Webl"
Subscribed and sworn ff
to (gi airn ed) -before me on this JIJ day of _, 2Dy3'/y
by R t.4 1 k. a i I fPn1 _ , proved to me on the basis of
satisfactory evidence to be the persop(arwho 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.
J0f L. f WLEIi ry Public
0
Co114*81on w 1957466
[SEAL] '! Notary Public • California
San Luls Obispo County My Commission Expires: 610.
My Comm. Expires Nov 6, 2015
13
Bidder's
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
DESIGNATION OF SURETIES
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurancelbond type):
..s'. � . �v r� � Sv✓'G' w ce,s S'Pr ✓i c�
or n wet C.4
e4�6/4- & 4 c// �pr) 377 -53��L
14
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name
Record Last Five (5) Full Years
Current Year of Record
to
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
2013
2012
2011
2010
2009
Total
2014
No. of contracts
d
S-
Total dollar
Amount of
Contracts (in
Thousands of $
1/1?
OD
%
No. of fatalities
No. of lost
Workday Cases
�_
r
No, of lost
workday cases
involving
permanent
transfer to
z&—
another job or
_
- �3--
termination of
em to mart
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 ff&sc�c10%t;11 ta4f . J _ r_ .
Business Address: �S— � LtC.✓ctce rb 4� g--N Z.
Business Tel. No.: 9b.- "7.7a, 7,4c?Z
State Cnntrantnr'c I irense No and
Classification: sgellrerG f}
Title fen p/ a-/ C�inrerc"eP
The above information was compiled from the records that are available to a at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Seeifucll &oY�owlgrrent
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 sea[, or submit with evidence of authority to act on behalf
of the corporation. All must be acknowledged before a Notary Public, who must certify
that such individuals, partners /joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
(NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED]
i[49
ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On 11, 6 ( y before me, Jodi L. Fowler, Notary Public
{Insert name and title of the officer)
personally appeared vrf d i 1 5 aR
who proved to me on the basis of satisfacto evidence to be tha persors{s} whose namare
subscribed to the within instrument and acknowledged to me that_he(be/{pey executed the same in
his/ber/ti� authorized capacity(io), and that by his /I�edtbeir'signature(s) on the instrument the
persoq{s);'or the entity upon behalf of which the persog{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. JODI'L FOWLER
! Commission # 1657466
Notary Public - caiitornis
San Luis Obispo County
Signature M Comm. Ex Tres Nov 6, 2015'
. (Seal)
'W-4, 1n, nu s4vlAI aPo +,, i.V.,.._OA ..LL G`P1 /_n
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
ACKNOWLEDGEMENT OF ADDENDA
Bidder's nameo�(j�G te�iC C -r/tt J A2 U� �K
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
m
17
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following Information is true and correct: -
Name of individual Contractor, Company or Corporation: A u a tj p
Business Address: `7 41- 6111�C4e.100 � //' ov>z Zle-, Crg 0?
Telephone and Fax Number: lod -77-L W72, iK :2 772' STU
California State Contractor's License No. and Class:
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 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
L
Corporation organized under the laws of the State of (.%JZ "%g'alA
IH.
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
st� .�
®'" a, 7�G
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;
k/
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owneriagency? If so, explain.
Have yo�� 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
19
Are any claims or actions unresolved or outstanding? Yes '!`: )
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non - responsive.
Bidder
ita/ '-� - G. / /"✓
(Print name of Owner or President
of Corporatio ompa )
Authorized Signature/Title
Title
��L / /Z.►ifL
Date
On Zi efore me, Jna, L Fr ,n io f_° -,Notary Public, personally
appeared au1 t' Il-em who proved to me on the
basis of satisfactory evidence to be the perso�sj" whose namq; is/re-'�ubscribed to the within
instrument and acknowledged to me that he /_iietttfWrexecuted the same in his/IdecitWr authorized
capacity(i , and that by hislberl Wra signature„(s ,6 the instrument the person,(sj -or the entity upon
behalf of which the personYed, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
� e i
Public in and for said State of Ali feu rA
eou n +a OP5Aa Lals pm iSPO
My Commission Expires: 11
20
�� JON.
u FC- "VYI gq
(SEAL) Commles}oo Is 19671
Notsry Public • CNNomie
68a Luis Obispo Coumy
M Ccotm. EM Tres Nor 6 2o15
City of Newport Beach
LAKE AVE PARK SEAWALL REPAIRS
Contract No. 5760
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:
9 CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
21
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
LAKE AVENUE PARK SEAWALL REPAIRS
CONTRACT NO. 5760
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
PR 1 of 2
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. 5760 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 and Demobilization
@ S iNou.<AfM Dollars
and
2.61t� Cents $ foo=,,et
Per Lump Sum
Lump Sum Traffic Control
@ E1r<1,i FINNot>6o Dollars
and
Cents $ PIOD.00
Per Lump Sum
3. 750 S.F. Remove Seawall Marine Growth
@ I`+w� Dollars
and
�:✓rJ Cents $ Z.to
Per Square Foot
FIR 2of2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
175 L.F. Install Sheet Pile Sections
_ aw£
@ oNF ow4oaki) EyskN Dollars
and
�EtLr� Cents $ 189.0 $0
Per Linear Foot
5. Lump Sum Backfill Sheet Pile Pockets
psi a wi
@iialt�l'gJS�EN F1v -s�on� Dollarrs
and
Cents $ 00
Per Lump Sum
6. Lump Sum Cap Seal
uk�SG�ouSq+� 5tx Nt1�D k� f`) Dollars
and
-,ono Cents $Z (056. 00
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
&pn 5W03 'DOD S4t3r) a &V4T PlAQDtl j? SWP- ( 5%U I✓ Dollars
and ?-FILX> Cents
L- /7,I /Zo t u
Da)h
C�1�' � (2?4 -PI a560--s
Bidder's Telephone and Fax Numbers
A �4q41�Z(o
Bidder's License No(s).
and Classification(s)
Total Price (Figures)
55or iA'T- i< V2—a WC,
Bidder
Bidder's Authorized Sfignature and Title
�q� &- + &P-CADCMZ -�NH
Bidder's Address sj4A L
Bidder's email address: `l&6,1;tl,
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
LAKE AVE PARK SEAWALL REPAIRS
CONTRACT NO. 5760
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE
2 -12 BACKGROUND INFORMATION
SECTION 3--- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
SECTION 5 - -- UTILITIES
5 -2 PROTECTION.
1
1
1
1
2
2
2
2
2
2
2
2
6
SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3
6 -7 TIME OF COMPLETION
6 -7.4 Working Hours
6 -9 LIQUIDATED DAMAGES
SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR
7 -7 COOPERATION AND COLLATERAL WORK
7 -8 PROJECTSITE MAINTENANCE
7 -8.1 Cleanup and Dust Contro
7 -8.5 Temporary Light, Power and Water.
7 -8.6 Water Pollution Control.
7 -8.6.1 Best Management Practices and Monitoring Program
7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access
7 -10.2 Storage of Equipment and Materials in Public Streets
7 -10.3 Street Closures, Detours and Barricades
7 -10.4 Safety
7- 10.4 -1 Safety Orders
3
4
4
0
4
4
5
5
5
5
5
6
6
6
6
6
6
7 -10.5 "No Parking' Signs
7 -10.5 Notices to Residents and Businesses
7 -15 CONTRACTOR'S LICENSES
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General
9 -3.2 Partial and Final Payment
PART 2 — CONSTRUCTION MATERIALS
SECTION 205 - -- SHEET PILE
205 -4 SYNTHETIC SHEET PILE
205 -4.1 Sheet Section
205 -4.2 Sheet Corner Connector
SECTION 215 - -- SPECIALTY REPAIR MATERIALS
215 -1 Sealant
SECTION 305 - -- PILE DRIVING AND TIMBER CONSTRUCTION
305 -1 PILE DRIVING
305 -1.1 General
7
7
7
7
8
8
8
9
9
9
9
9
9
9
9
9
9
9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
LAKE AVENUE PARK SEAWALL REPAIRS
CONTRACT NO. 5760
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- 5227 -S); (3) the City's
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2009 Edition), including supplements. Copies of the City's Standard
Special Provisions and Standard Drawings may be purchased at the Public Works
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
installing synthetic sheet sections, filling the voids between the seawall and sheet
sections, sealing all above mud line sheet joints for water tightness, and installing a
cap seal along the top of the sheets."
2 -12 BACKGROUND INFORMATION
2 -12.1 Project Purpose The bottom of the existing seawalls that surround Lake
Avenue Park was installed many years ago at an elevation that is currently too shadow.
As a result, the Park site is losing fine materials with each low tide to the extent that
backfills are needed from time to time to fill the soil cavities that occasionally appear.
The installation of sheet sections will effectively repair and plug the leakage.
Page 1 of 9
SECTION 3--- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 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."
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: "While they are not anticipated, the
contractor shall protect in place all wet/dry utilities encountered during the work. If
utilities are encountered, the Contractor shall submit drawings to the Engineer for
Page 2 of 9
approval showing methods, materials and sequences of operation for maintaining utility
services."
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
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 ten (10) consecutive working days after the date on the Notice to
Proceed. A working day is defined as a work day where the daytime low tide is 1.0
MLLW or lower.
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 1 st
(New Year's Day), the third Monday in January (Martin Luther King Day), the third
Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th
the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24m
(Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If
January 1st, July 4th, November 11th, December 24th, December 25th or December
31 st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th
November 11th December 24th December 25th or December 31 st falls on a Saturday,
the Friday before is a holiday."
Page 3 of 9
6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 3:30 PM,
Monday through Friday. However, to take advantage of available daytime low tide, the
Contractor may continue work until 8PM Monday through Thursday.
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 AM to 6 PM
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.
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, vehicular and pedestrian traffic, and the public as a result
of construction operations."
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
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, Municipal Operations Department. The City must approve
any nighttime work in advance.
7 -8 PROJECT SITE MAINTENANCE
Page 4 of 9
7 -8.1 Cleanup and Dust Control. Add to this section, "The Contractor shall be
solely responsible for proactively containing and collecting construction debris and dust.
No construction debris or dust shall be allowed to fall into the seawater 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 a $1,073.21 meter
deposit with the City. Upon return of the meter to the City, the deposit will be returned
to the Contractor, less a $90 monthly charge for meter use, a charge for water usage
and any repair charges for damage to the meter."
Water used during construction shall be paid for by the Contractor."
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 "The contractor shall install protection measures prior to starting work to
protect in place the existing turf within the Park. It will be to the contractor's advantage
to make photographic records of the existing condition prior to starting work."
Page 5 of 9
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 and vehicular traffic on Lake Avenue shall be maintained at all times. 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. Such measures shall be shown on the Detailed
Traffic Control Plans (see Section 7- 10.3)."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "it is the Contractor's responsibility to obtain an
area for the storage of equipment and materials. The Contractor shall obtain the
Engineer's approval of a site for storage of equipment and materials prior to arranging
for or delivering equipment and materials. Prior to move -in, the Contractor shall take
photos of the laydown area. The Contractor shall restore the laydown area to its pre -
construction condition. The Engineer may require new 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 showing how the work site will
be delineated and made safe for the public during the 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. 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.
3. Emergency vehicle access shall be maintained at all times.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work a 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."
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.
Page 6 of 9
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty -eight hours in advance of the need for enforcement.
The signs will be provided at no cost to the Contractor. However, the City reserves the
right to charge $1.50 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be
City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public
Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.5 Notices to Residents and Businesses. Ten working days prior to starting
work, the Contractor shall deliver a construction notice to residents 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 second written notice prepared by the City clearly indicating specific dates in
the space provided on the notice when construction operations will start, what
disruptions may occur, and approximately when construction will be complete. An
interruption of work at any location in excess of 14 calendar days shall require re-
notification. The Contractor shall insert the applicable dates and times at the time the
notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re- notification using an explanatory
letter furnished by the City.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess an "A" License. At the start of work and until
completion of work, the Contractor and all Sub - contractors shall possess a Business
License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and reviewed by the Engineer at the time each progress bill is submitted.
Page 7 of 9
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.
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 and Demobilization: Work under this item shall include
providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and
construction schedule, bidding, preconstruction meeting, bringing equipment and
material onsite, and all other related work as required by the Contract Documents.
Item No. 2 Traffic Control: Work under this Item shall include delivering all required
notifications, post signs, preparing traffic control plans, providing traffic control incuding,
but not limited to signs, cones, and barricades, and furnishing all labor, tools,
equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest
edition, and City of Newport Beach Requirements.
Item No. 3 Remove Seawall Marine Growth: Work under this item shall include the
cost of all labor, materials, equipment, and arrangements needed to remove and
dispose of the marine growth existing of the seawall surfaces where the sheets are to
be placed against. In the event that the existing recently installed seawall joint seals are
damaged by the forceful removal of the marine growth, the cost of installing new
seawall joint seals shall be made a part of the price bid.
Item No. 4 Install Sheet Pile Sections: Work under this item shall include the cost
of all labor, materials, equipment, and arrangements needed to purchase, deliver, and
install the sheet pile sections as shown on the plans and specifications, complete and in
place. Payment shall be made as measure the length of the seawall.
Item No. 5 Backfill Sheet Pile Pockets: Work under this item shall include the cost
of all labor, materials, equipment, and arrangements needed to backfill the empty
Page 8 of 9
"pockets" outside of the seawalls after the sheet pile sections have been installed in
place.
Item No. 6 Cap Seal: Work under this item shall include the cost of all labor,
materials, equipment, and arrangements needed to seal the top of each of the sheet
pile pockets that have been backfilled.
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 - -- SHEET PILE
205 -4 SYNTHETIC SHEET PILE
205 -4.1 Sheet Section. The sheet pile sections to be installed on this project shall
be gray in color and shall perform no lesser than ShoreGuard SG -625 as manufactured
by Crane Materials International (CMI).
205 -4.2 Sheet Corner Connector. The sheet corner connectors to be installed on
this project shall be gray in color and shall perform no lesser than ShoreGuard SG -650-
750 as manufactured by Crane Materials International (CMI).
The CMI contact for this project is Mike Threde, Regional Sales Manager. He can be
reached at (770) 850 -4908 and at mthrede @cmilc.com.
SECTION 215 - -- SPECIALTY REPAIR MATERIALS
215 -1 Sealant. The sealant to be installed on this project shall be rated for continuous
submersion in saltwater; non - metallic; UV- rated; elastromeric; and movement tolerant.
Gray variety as close to the pile sheet and /or existing seawall color is preferred.
SECTION 305 - -- PILE DRIVING AND TIMBER CONSTRUCTION
305 -1 PILE DRIVING
305 -1.1 General. Replace this section with, "Driving of pile sheets is not permitted. All
pile sheets and connectors to be placed on this project shall be installed with small
portable tools and equipment."
Page 9 of 9
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CRANE MATEMU INTERNATIONAL
SG -625
Allowable Moment (M)
Section Modulus (Z) .
Moment of Inertia (I),
Impact Strength
Thickness (t)
Section Depth
Section Width
Material
Standard Colors
Technology
Standard Packaging
SHOREGUARD®
Synthetic Sheet Piling
Updated January 1. 2011
6,507 ft -lb /ft
28.94 kN -m/m
24.4 in' /ft
1,312 cm3 /m
122 in° /ft
16,660 dm °/m
15,000 in- Ibs /in2
2,625.N- mm /mm? .
0.385 in
4.8 mm
10.0 in
254 mm
30 in
762 mm
Weatherable Rigid Vinyl
Grey, Clay
Box Profile, I -Beam Lock, XCW'
6 sheets /bundle
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CRANE MATERIALS INTERNATIONAL
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Standard Colors
Technology
Compatibility
SHOREGUARV
Synthetic Sheet Piling
UpdalW Mey 18, 2811
Weatherable Rigid Vinyl
Gray, Clay, Black
XCR'
SG -625, SG -65D, SG -750, UC -50
"Executed in Duplicate Originals"
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. 58713546
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Associated Pacific Constructors, Inc. hereinafter designated as the "Principal," a
contract for the Improvement of Public Works, Lake Avenue Park Seawall Repairs,
located at Lake Avenue & 37th Street, in the City of Newport Beach, in strict conformity
with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Western Surety Company............... ... _......W...........................,......_r.� duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Forty
Seven Thousand Eight Hundred Seventy Five dollars and 00/100 ($47,875.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as
Associated Pacific Constructors, Inc. Page C-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to be
performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the __ 15tha day of May 2014
Associated Pacific Constructors Inc.
Name of Contractor (Principal)
Western Surety Company
_ _...._........... _ . _ __..__._...
.....__..
Name of Surety
915 Wilshire Blvd., Ste. 1650
Los Angeles, CA 90017
Address of Surety
213 452-5961
Felephone
�l
Auj4o�rize d Sig_nat itle
Autho�izedA�getSignature
Shirley Littell - Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Associated Pacific Constructors, Inc.
Page C-2
ACKNOWLEDGMENT
State of California
County of Ventura }ss,
On May 15th 2014before me,
Notary Public, personally appeared
- .._.. ,...� .,.,w ,µ,��� _ who
Shirley Littell
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
"See Notary Acknowledgment Attached"
Signature (seal)
ACKNOWLEDGMENT
State of California
County of '1.,Ljj S.�
On 20 I before me,
Notary Public, personally appeared
....____..._...J cl.a...........z - .... _ �jcu i�,e° .._......� who
AIL—Z— (� i 1(A Al
proved to me on the basis of satisfactory evidence to be the persop s) -whose na ),,Ware
subscribed to the within instrument and acknowledged to me that he//
fey executed the
same in his/>erAh6r authorized capacity(, and that by his/die #beir signatures(s) on the
instrument the perso{� or the entity upon behalf of which the perste) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Sig re
Associated Pacific Constructors, Inc.
laws of the State of California that the
JODI L. FOWLER
Commission # 1957466
Notary Public - California i
Z 'tip' San Luis Obispo County r
My Comm. Expires Nov 6, 2015
(seal)
CALIFORNIA••ACKNOWLEDGMENTCIVIL •D ••
S¢s�¢s�¢,.a¢.�c�¢�¢..a•..� rte. ci¢r�¢rcvr�¢r„-i¢r�i¢!�•:T¢r�<..�¢L�e�¢�¢�¢_..¢_�¢s�cs�¢_�• �N,.ca¢.c�¢...a¢-i¢�¢�¢�¢_..J�..c_s.¢!�¢_.�¢_o>¢r_^ �¢s�¢_
State of California
County of
Ventura
On May 15, 2014 before me,
Date
Janet Burton, Notary Public
Here Insert Name and Title of the Officer
personally appeared S i rl m/ I i ttel l
Name(s) of Signer(s)
JANET BURTON
Commission # 1904251
< Notary Public - California
Z Ventura County
My Comm. Ex ices Oct 14, 2014
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my h andofficial I.
Place Notary Seal Above Signature:
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document and Materials Payment cdument Date: May 15, 2014
Number of Pages: 3 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual UAttorney in Fact
❑ Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing: _
Western Surety Company
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
LC •✓a�•✓,a'✓ate✓, '✓a'->a�a� Va�G�✓, a'✓�'✓. �''✓�.'✓�a'.•ra�a�4�✓a�✓a�a�'!a�e'a�✓.'r>ti✓a�a�a'.•�`✓ ✓ •rra�.1'-'r.: •✓ ••✓a'ya� "�'av va�✓•a�✓�'
02013Nationalotary Association*www.NationalNotary.org-800-USNOTARY (1-800-876-6827)
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 Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
in Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 21 st day of January, 2014.
WESTERN SURETY COMPANY
,N 4oQP0Agr3y�
i
ti`sfA�':
`�>H'oa . aul T. Bruflat, Vice President
State of South Dakota1 ss
County of Minnehaha I
On this 2l st day of January, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that lie signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires J.
J. MOHR
NOTARY PUBLIC SEAL
June 23, 201$ SEAM SOUTH DAKOTA
J
� �atiMtiMMtihMMtitiNMM�,tiYsM�h+
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 15th day of May ` 2014 -
"`suREry WESTERN SURETY COMPANY
eWt i;�
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L. Nelson, Assistant Secretary
Foran F4280-7-2012
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 58713546
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 689.00 --,�,, ....... being
at the rate of $ .14.40 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Associated Pacific Constructors, Inc. hereinafter designated as the "Principal," a contract
for the Improvement of Public Works, Lake Ave Park Seawall Repairs, located at Lake
Avenue & 37th Street in the City of Newport Beach, in strict conformity with the Contract
on file with the office of the City Clerk of the City of Newport Beach, which is incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
Western Surety Company _, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Forty Seven
Thousand Eight Hundred Seventy Five dollars and 00/100 ($47,875.00) lawful money of
the United States of America, said sum being equal to 100% of the estimated amount of
the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond,, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
event the City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
........ . ....... .... ....... _...... .............. ....... __ ...... .............. w
Associated Pacific Constructors, Inc. Page D-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 15thday of May .20 14,
Associated Pacific Constructors, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
915 Wilshire Blvd., Ste. 1650
Los Angeles, CA 90017
Address of Surety
213 452-5961
Telephone
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Authorized
Authorized Agen�Signature
Shirley Littell - Attorney in Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Associated Pacific Constructors, Inc. Page D-2
ACKNOWLEDGMENT
State of California
County of u Ventura ss.
On MayR15th 2014 before me
Notary Public, personally appeared
Whirly L'
E tf �.��.���.��.r..�,,..,.r�. who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
"See Notary Acknowledgment Attached"
Signature (seal)
ACKNOWLEDGMENT
State of California
County of � y ( ! ..�� ss.
Ori.__Ll 20 _ before me,
Ja _. .......... Fowie e. _._,._............ _.— .._ .__.. , Notary Public, personally appeared
.__C,,J':q , —, who
proved to me on the basis of satisfactory evidence to be the person(�hose namess)-i§lare
subscribed to the within instrument and acknowledged to me that he/�Wt�y executed the
same in his/h h r authorized capacity(ie,s-y,—and that by his/F edthir signatures(s) on the
instrument tKe person—or the entity upon behalf of which the personas Cted, executed the
instrument.
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
WITNESS my hand and official seal
SI ure
Associated Pacific Constructors, Inc.
the laws of the State of California that the
tip.. JODI L. FOWLER
Commission # 1957466
Zt x� Notary Public - California z
Z `�' San Luis Obispo County D
My Comm. Expires Nov 6, 2015
(seal)
CALIFORNIAALL-PURPOSECIVIL •D ••
s.�a%-�'c�,�cr,^e-.e..a•..�cr�.e�:.eiq�e-�c_.a._�._c..�.�c..ne_.�e_�.�c_.�c c.�c�c_�c� �er�.a•_.�e_Ta� �e_� �. e.�<�c�e!� �. ��•r,-�`c�c.
State of California
County of
Ventura
On May 15, 2014
Date
before me, Janet Burton, Notary Public
Here Insert Name and Title of the Officer
personally appeared Shirley Li ttel 1
Name(s) of Signer(s)
JANET BURTON
Commission # 1904251
_+w Notary Public - California
Ventura County
My Comm.Ex ires Oct 14, 2014
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature: _QwzzeA�L�
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond Document Date: May 15, 2014
Number of Pages: s Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual XX Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: _
Western Surety Company
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
4�.'✓ .•��✓.v .'d4� :`✓.'✓. ✓6�:'✓ ••✓{�4v.�✓ -✓:'e�.�✓..'✓:'y:�'✓.b� 4'✓: ✓ •✓y`✓:' 'rr w,;-_ -_--_- trL�.1"✓,
• • • • • • • • i • i i • • i •
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 Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 2l st day of January, 2014.
"UaE.... WESTERN SURETY COMPANY
oas.........•.1'
............... 0
�WQi�Q,PDAgr ,;e:
ayNj4V �'ys
1z�
OPaul T. Bruflat, Vice President
State of South Dakota 1
Jj ss
County of Minnehaha
On this 21st day of January, 2014, 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 lie is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that lie knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
r J. MOHR ;
I
June 23, 2015 NOTARY PUBLIC ^
SEAL
f
r SOUTH DAKOTASEALs
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CERTIFICATE
dWtl�/
J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this _ 15th day of May 2014
....
. WESTERN SURETY COMPANY
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v%�pUTp C��,�rr
L. Nelson, Assistant Secretary
Form F4280-7-2012