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HomeMy WebLinkAboutC-5756 - Harbor Piers MaintenanceCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 10, 2016 Associated Pacific Constructors, Inc. Attn: Kristopher Ahrens 495 Embarcadero Morro Bay, CA 93442 Subject: Harbor Piers Maintenance — C-5756 Dear Kristopher Aherns: On February 10, 2015, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 20, 2015 Reference No. 2015000092176. The Surety for the contract is Western Surety Company and the bond number is 58713548. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 58713548 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,621.00 , being at the rate of $ 14.40 Co) 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 work necessary for the completion of this contract consists of removing and disposing of existing pier decking and handrails; installing new pier decking; and installing new pier handrails at the various small street -end public piers throughout the Newport Harbor as noted on the attached Schedule of Work 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 One Hundred Eight -One Thousand Nine Hundred Eighty -Six Dollars and 751100 ($181,888.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Associated Pacific Constructors, Inc. Page C-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of June 20 14 . Associated Pacific Constructors, Inc. Name of Contractor (Principal) Westem Surety Company Name of Surety 915 Wilshire Blvd., Ste. 1650 Los Angeles, CA 90017 Address of Surety 818 452-5961 Telephone Authorized Agent ignature Shirley Littell - Attorney in Fact Print Name and Title See A-tiALhWi J FlcynoJeC43Pee y f NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page C-2�� ACKNOWLEDGMENT State Coun G of lifornitentura } ri On lune 3rd 20,IA__ before me, Janet Burton . Notary Public, personally appeared Rhiday I ittall 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� fhR foregoing paragraph is true and correct JANET BURTON. Commission * 1904251 WITNEnd and official seal. Notary vubnc - California M ventste County Comm. Expires Oct 14. 2014 r-r— ACKNOWLEDGMENT State of California County of }ss. [on (seal) 20L._before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(a), 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 Associated Pacific Constructors, Inc. (seal) � Vestern Surety Cori 1pany 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 seat to be hereto affixed on this 21 st day of January, 2014. WESTERN SURETY COMPANY �hT!' avogq'�°s a W l<F .• �f4`t`EAx';r VD' APaul T. Bruflat, Vice President State of South Dakota 1 County of Minnehaha 3 ss On this 21 at day of January, 2014, before the personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires •{`"`"""'^"""•"'^^'^" + {yy J. MORR June 23, 2015 ;as NOTARY PUBLIC 3 SOUTH DAKOTA J. Mohr, Notary Public CERTIFICATE 1, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey 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 fore. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3 rLl day of June 1 2014 3Fopt.WESTERN SURETY COMPANY �Wio° 'Ali t / L. Nelson, Assistant Secretary Form F4280-7-2012 ACKNOWLEDGMENT State of California County of _ San Luis Obispo On -� m!L Q W I I before me, Jodi L. Fowler, Notary Public (insert name and tRle of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the personfsj whose nam I subscribed to the within instrument and acknowledged to me that he/ ex) flare his/�1erI4tlar'r'authorized capacity i�s1 and that b his/her/ ecuted the same in person s) 'or the entity upon behalf of which they ersonr signatu) on the instrument the p Gs}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 FA -1.11 Ncg !O► 6J31/� j FOWLER Commission k 1957466 Notary Public • California z •?.. +r' San Luis Obispo County (Seat) My Comm. Expires Nov 6, 2015 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC April 27, 2015 Associated Pacific Constructors, Inc. Attn: Kristopher Ahrens 495 Embarcadero Morro Bay, CA 93442 Subject: Harbor Piers Maintenance C-5756 Dear Kristopher Aherns: On February 10, 2015 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 20, 2015, Reference No. 2015000092176. The Surety for the bond is Western Surety Company and the bond number is 58713548. Enclosed is the Labor & Materials Payment Bond. Sinc erely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 58713548 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 work necessary for the completion of this contract consists of removing and disposing of existing pier decking and handrails; installing new pier decking; and installing new pier handrails at the various small street -end public piers throughout the Newport Harbor as noted on the attached Schedule of Work in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eight -One Thpusand Nine Hundred Eighty -Six Dollars and 75f100 ($181,986.75) 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 Associated Pacific Constructors, Inc. Page B-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of 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 3rd day of June 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 Telephone Authorized 5 nature rde Authorized Agelint Signature Shirley Littell - Attorney in Fact Print Name and Title S,te 14tAchod ACXANOift�Xwof?O NOTARYACKNOWLEDGMENTS OF CONTRACTOR '�� AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page B-2 0A, ACKNOWLEDGMENT - State of California--- - - ----------- - - _ - — _ -- ------ County of Ventura )ss. On June 3, - - 20 14 before me, Janet Burton Notary Public, personally appeared Shirtav I iMcll 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 histher/their authorized capacity(ies), and that by hisilher/their slgnatures(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 foregolrlg paragraph Is true and correct. JANET BURTON. Commission • 1904251 Notary Public - Calitornia �i- WITNESS my hand and official seal. Ventura County M Comm. Expires Oct 14. 2014+ Signature (seal) ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herftheir 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 Associated Pacific Constructors, Inc. (seal) � destern Surety Con ipany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a 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 Bylaw 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 2lst day of January, 2014. SUPETT WESTERN SURETY COMPANY C ii��PPOgq)��D 2 S auk T. Bmfla[, Vice President State of South Dakota ss Courtly of Minnehaha On this 21st day of January, 2014, before me personally came Paul T. Bmflat, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR + i J. MOHR { June 23, 2015 1 SOPUBLICeEnr S90UTH UTX OAKOPI UWSOUTH ,.. _... _.. _........ __. _. ,r i "A,) 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 tome. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of June , 2014 WESTERN SURETY COMPANY e jN�JppPOggl� 3u,i�{f PVDI / L, Nelson, Assistant Secretary Form 1:4280-7-2012 ACKNOWLEDGMENT State of California County of San Luis Obispo t On June 90Q,0)4 _ before me, Jodi L. Fowler, Notary Public (insert name and title of the officer) personally appeared C� . ! I n who proved to me on the basis of satisfactory evidence to be the perso Wwhose namaW I subscribed to the within instrument and acknowledged to me that he/ ex his/ f -,k "authorized capacity§es'), and that b his/bef/ ' executed the same in persogW, or the entity upon behalf of which they erso tbected, executed the the instrument the P 1>4s�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. dool L. FOWLER Y. a Commission * 1957466 Notary Public - California z 't' San Luis Obispo County Signature (Seal) /��My Comm. Expires Nov 6, 2015 � LA6 044 /i(.4-L4,ef91a !Ay/rteYl'% la/�j/�� RECORDING REQUESTED BY AND WHEN I4bDdKQLND,,RETM4 TO: City Clerk City ofwport$efi'`, 100 Civrb 6enter Drive r"'H Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder i� I I IIIIIIII II �IIII IIIII IIII'IIIIII II',!III!II� NO FEE *$ R 0 0 0 7 3 0 8 1 6 4$ 2015000092176 1:41 pm 02120115 37 406 N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Associated Pacific Contractors, Inc. of Morro Bay, CA, as Contractor, entered into a Contract on May 28, 2014. Said Contract set forth certain improvements, as follows: Harbors Piers Maintenance C-5756 Work on said Contract was completed, and was found to be acceptable on February 10, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY ./ z", u lic —VVbrks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. .pplInn Executed on JvY/��iAi I l 20�� at Newport Beach, California. BY M�i 4 / t o-'—_ City Clerk U WORN"; February 12, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC RE: Notice of Completion for the following projects: • Harbors Piers Maintenance Contract No. 5756 • Marina Park Project — Marina Basin Construction including Dredging, Bulkheads, Grading and Soil Remediation C -3897(B) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383° NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Associated Pacific Contractors, Inc. of Morro Bay, CA, as Contractor, entered into a Contract on May 28, 2014. Said Contract set forth certain improvements, as follows: Harbors Piers Maintenance C-5756 Work on said Contract was completed, and was found to be acceptable on February 10, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY J City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. '^ j Executed on � 60 1 AIK at Newport Beach, California. CITY OF NEWPORT BEACH City Council Staff Report February 10, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Fong Tse, Assistant City Engineer PHONE: (949) 644-3321 TITLE: Harbor Piers Maintenance Project - Completion and Acceptance of Contract No. 5756 (CAP14-0023) ABSTRACT: At the May 27, 2014 regular meeting, City Council awarded the Harbor Piers Maintenance Project Contract No. 5756 to Associated Pacific Constructors, Inc. (APC) for a total contract amount of $181,986.75. This work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount Tide and Submerged Lands 7231-C4401002 $ 189,425.32 Total: $ 189,425.32 4-1 DISCUSSION: Overall Contract Cost/Time Summary The contract has now been substantially completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 181,986.75 Actual cost of bid items constructed: $ 182,977.38 Total change orders: $ 6,447.94 Final contract cost: $ 189,425.32 Prior to this project, ten of the twelve public piers along Newport Bay were in need of maintenance, with decking surfaces needing the most attention. These locations were M -Street, Washington Street, Fernando Street, 15th Street, 19th Street, Coral Avenue, Opal Avenue, Emerald Avenue, Sapphire Avenue, and Park Avenue. The project revitalized these piers with new composite decking, handrails, side railings, and new benches from City stock. During the course of the work, it was brought to the Project Manager's attention that at some of the project locations, hardware at structure members deteriorated more than originally anticipated. This below -deck space was not easily accessible during the non-destructive inspection design phase. It was determined upon further examination that it would be both prudent and cost effective in the long term to replace these components while the piers were under construction. Accordingly, a contract change order was issued to make these additional replacements. The final construction contract cost, including said change order, was 4.09 percent above the original contract amount. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule 12/19/2014 Estimated Project Award for Construction 6/24/2014 Actual Project Award 5/27/2014 Contract Completion Date Per Notice To Proceed 1/2/2015 Actual Substantial Construction Completion Date 12/23/2014 4-2 Actual Awarded Final Cost at Contingency % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $181,986.75 $189,425.32 10% or less 4.09% 0.55% Actual Time Allowed Contract Time (days) 50 6 44 The contract has now been substantially completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 181,986.75 Actual cost of bid items constructed: $ 182,977.38 Total change orders: $ 6,447.94 Final contract cost: $ 189,425.32 Prior to this project, ten of the twelve public piers along Newport Bay were in need of maintenance, with decking surfaces needing the most attention. These locations were M -Street, Washington Street, Fernando Street, 15th Street, 19th Street, Coral Avenue, Opal Avenue, Emerald Avenue, Sapphire Avenue, and Park Avenue. The project revitalized these piers with new composite decking, handrails, side railings, and new benches from City stock. During the course of the work, it was brought to the Project Manager's attention that at some of the project locations, hardware at structure members deteriorated more than originally anticipated. This below -deck space was not easily accessible during the non-destructive inspection design phase. It was determined upon further examination that it would be both prudent and cost effective in the long term to replace these components while the piers were under construction. Accordingly, a contract change order was issued to make these additional replacements. The final construction contract cost, including said change order, was 4.09 percent above the original contract amount. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule 12/19/2014 Estimated Project Award for Construction 6/24/2014 Actual Project Award 5/27/2014 Contract Completion Date Per Notice To Proceed 1/2/2015 Actual Substantial Construction Completion Date 12/23/2014 4-2 Although the contract was awarded in May 2014, the decking material manufacturer did not have sufficient stock for the entire project. Therefore, rather than requiring APC to proceed in phases and incur the associated demobilization and re -mobilization costs, staff directed APC to begin work after all of the required materials arrived (five months later in October 2014). Even with the delayed materials delivery, the project was completed essentially on time. ENVIRONMENTAL REVIEW: The Project was determined to be exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines. This Exemption covers the replacement or reconstruction of existing facilities where the new improvements will be located on the same site as the facilities replaced and will have substantially the same purpose and capacity as the facilities replaced. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map 4-3 li ATTACHMENT A ............ o� ............. .......... �P �0 .................. PIER PACIFIC OCEAN * = WORK LOCATION HARBOR PIERS MAINTENANCE LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5756 02/10/15 as HARBOR PIERS MAINTENANCE CONTRACT FOR PUBLIC WORKS NO. 5756 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of May ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Associated Pacific Constructors, Inc., a California corporation ("Contractor'), whose address is 495 Embarcadero, Morro Bay, 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 has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing and disposing of existing pier decking and handrails; installing new pier decking; and installing new pier handrails at the various small street -end public piers throughout the Newport Harbor as noted on the attached Schedule of Work (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5756, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eight -One Thousand Nine Hundred Eighty -Six Dollars and 75/100 ($181,986.75). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and 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 (Government Code 900 et seq.). 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Associated Pacific Constructors, Inc. Page 2 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Kristopher Ahrens Associated Pacific Constructors, Inc. 495 Embarcadero Morro Bay, CA 93442 6. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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. 7.2 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. 7.3 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 Associated Pacific Constructors, Inc. Page 3 claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 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. 7.5 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. 7.6 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. 7.7 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. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. CHANGE ORDERS 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. Associated Pacific Constructors, Inc. Page 4 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. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Associated Pacific Constructors, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATT R EY'S OFFICE a California municipal corporation Date:U INN Date: Co. q By: a\ABy: Aaron C. Harp Rush N. Hill, IICity Attorney twv Mayor ATTEST:/ CONTRACTOR: Associated Pacific Date: l -Oz J Constructors, Inc., a California By: evik- Leilani I. Brown City Clerk a h corporation Date: By: Paul E. Gillen President & Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Associated Pacific Constructors, Inc. Page 6 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 the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractors employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Associated Pacific Constructors, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business 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 any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractors 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 party 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 Associated Pacific Constructors, Inc. Page A-3 have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Associated Pacific Constructors, Inc. Page A-4 CITY OF NEWPORT BEACH BOND NO. 58713548 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 work necessary for the completion of this contract consists of removing and disposing of existing pier decking and handrails; installing new pier decking; and installing new pier handrails at the various small street -end public piers throughout the Newport Harbor as noted on the attached Schedule of Work in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eight -One Thousand Nine Hundred Eighty -Six Dollars and 751100 ($181,986.75) 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 Associated Pacific Constructors, Inc. Page B-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at 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 3rd day of June 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 Authorized Si naturemtle �au.G � Authorized AgOnt Signature Shirley Littell - Attorney in Fact Print Name and Title See ,jftFlchQdACKn®01fd3 o A0 NOTARYACKNOIMLEDGMENTSOFCONTRACTOR '�� AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page B-2 wq/ ACKNOWLEDGMENT State of California County of Ventura )8s. On June 3, 20 14 before me, Janet Burton Notary Public, personally appeared Shiriev Littell who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/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 foregoing paragraph is true and correct. JANET BURTON. Commission # 1904251 WITNESS my hand and official seal. Notary Public • California Ventura County @Mg Comm. Expires Oct 14, 2014' Signature (seal) ACKNOWLEDGMENT State of California County of )ss. On 20 before me, Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Associated Pack Constructors, Inc. (seal) 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 One 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 confinned. 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. SonrT WESTERN SURETY COMPANY 3 w%pXPogQ _AF4e �rM Otatsva w,wni aul T. Bmfla[, Vice President State of South Dakota ss County of Minnehaha On this 21st day of January, 2014, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that lie resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires *.�+ J. MOHR { NOTARY PUBLIC June 23, 2015 { saAL s L S SOUTH DAKOTA ) ♦SMY,�MM1LW44V,YM14444Vn1� ffff�YY�'���I J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of June , 2014 Sr�{RETy.yy Qi,1 eo, WESTERN SURETY COMPANY _`c�i: pP ♦A y'� Lq�Sy SFAy'P � � I'ILL.I.�C! Form F42SO-7-2012 L. Nelson, Assistant Secretary ACKNOWLEDGMENT State of California County of San Luis Obispo On J , b0 91I')Q J Lj _ before me, Jodi L. Fowler, Notary Public /� (insert name and title of the officer) personally appeared �p , j � (� � � � �� who proved to me on the basis of satisfactory evidence to be the persoDks- %hose nam subscribed to the within instrument and -acknowledged to me that he//�/dhe� _e Is/ e his/jr authorized capacity(ies), and that b his/hef/ executed the same in his1h Y tbeirsignature�--on the instrument the , or the entity upon behalf of which the persolg(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.dom L. FOWLER Commission # 1957466 z ;F_+� Notary Public - California i Z "" San Luis Obispo County s Signature (Seal) My Comm. Expires Nov 6, 2015 k -,A of q dA l a ��CrAis PI e,4- I;lIr:I�iia CITY OF NEWPORT BEACH BOND NO. 58713548 The premium charges on this Bond is $ 2,621.00 , being at the rate of $ 14.40 Q thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pack Constructors, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing and disposing of existing pier decking and handrails; installing new pier decking; and installing new pier handrails at the various small street -end public piers throughout the Newport Harbor as noted on the attached Schedule of Work 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 One Hundred Eight -One Thousand Nine Hundred Eighty -Six Dollars and 75/100 ($181,986.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Associated Pacific Constructors, Inc. Page C-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 formai acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of June 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 818 452-5961 Telephone ..L (d Authorized Agent ignature Shirley Littell - Attorney in Fact Print Name and Title See AliAchwd OcKnr'J-, 9Pen-r Yy—!f 61g�,y NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors, Inc. Page C-2 X111 State of Californ4lentura County of )88. On .lune 3[d 20_¢_ before me, Janet Burton Notary Public, personally appeared Shirlay I ittell 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 off iWells foregoing paragraph is true and correct. =kg"JANE'T BURTON Commission M 1804251 Notary Public -California WITNESS m and and official seat. Ventura county M Comm. Expires Oct 14, 2014 (seal) State of California County of ? ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Associated Pacific Constructors, Inc. (seal) 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. Tltis 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. "sunir"yw., WESTERN SURETY COMPANY 3�uP�Q,PBRgi ie�'s g+3yw.SEAM.+ ^�1N Op11OM1Pe Irpard T Bmflat, Viae President State of South Dakota 1 ss 7j County of Minnehaha On this 21 st day of January, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires "^^"""""`"''..+ J. MOHR NOTARY PUBLIC June23,2015 ,# aeAc^c se^r {y SOUTH DAKOTA 411 t4Nl� J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said cmpmmtion this 3rd _ day of June 2014 WESTERN SURETY COMPANY 'H 4pR qr�;g� kr, 1PS c,W.riH, 4A, Mw.9 L. Nelson, Assistant Secretary Form 174230-7-2012 ACKNOWLEDGMENT State of California County of _ San Luis Obispo On - u ni before me, Jodi L. Fowler, Notary Public (insert name and title of the officer) personally appeared �A u I f= �� � ((p {) who proved to me on the basis of satisfactory evidence to be the personnn*whose nam*s) Aare subscribed to the within instrument and -acknowledged to me that hemfjhey executed the same in his/�ieP7t r authorized capacitYS[e and that by his/her/peir signatu�) on the instrument the person(�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 FA'I4 ) 7.,eToMANCG $lx 613)Il '�u ... JODI L. FOWLER Commission # 1957466 Notary Public - California z '-' ^'" San Luis Obispo County n (Seal) My Camm. Expires Nov 8, 2015 Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 30th day of April, 2014, at which time such bids shall be opened and read for Contract No. 5756 $ 200,000.00 Engineer's Estimate City Engineer Prospective bidders may obtain Bid Documents and Project Specifications at Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at {949} 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.coy CLICK: Online Services! Bidding & Bid Results City of Newport Beach Contract No. 5756 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 ... ..... ............ ............................ ___ .................... A-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach Contract No. 5756 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with we California Labor Code (Sections 1770 er seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code – including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 3 qq 91�G-1 Contractor's License No. & Classification Ass o& k ovyc i R, � .0 YAS trot Bidder it 1�a � WL -- Authorize Signature/Tit ?Uutt C. LI, II -Cn QVtS�c���1� �-/2V�/ Date r- 0 City of Newport Beach HARBOR PIERS MAINTENANCE Contract No. 5756 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of 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 HARBOR PIERS MAINTENANCE, Contract No. 5756 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18th day of April , 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 J,Signouib/Tit e� r d iz°a :,e e.. Authorized Agert Signature Shirley Littell - Attorney in Fact Print Name and Title 905 382-1624 e A-RAc-�,e ' 4ck no,4)�,d9fwrti Telephone (Notary acknowledgment of Principal & Surety must be attached) k, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE . ¢.�..2a.Te� e.a .w .�a.a..ra.a .aa.a<.n•,m,. .e_wua ,�...a , .aa.c� .a a c� awe ....n . e m..a. s�vn ..r:.. State of California County of Ventura On Onr�il IR217114before me, .lancet Burton, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shirley Littell JANET BURTON Commission # 1904251 -® Notary Public - California D Ventura County My Comm. Expires Oct 14, 2014, Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 d and 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 Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual rTAftorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company April 18, 2014 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C; Other: Signer Is Representing: 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 two 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. SU1kEiy4 WESTERN SURETY COMPANY z;rS'v,`SEA,"pr �oaµ aul T. Brutlat, Vice President State of South Dakota ) County of Minnehaha 3 ss On this 21 at 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 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 ±^... '.w,..+w,..... + J. MOHR { June 23, 201$ t SEAL NOTARY PUBLIC sEgl SOUTH DAKOTA f -t— J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corponnieir panted 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 s�-tt"'rte WESTERN SURETY COMPANY WT p3.PBg4T �a4 ..I ArA, z ` V, F r�rN DPP Wu,n,x, L. Nelson, Assistant Secretary Form F4280-7-2012 ACKNOWLEDGMENT State of California County of San Luis Obispo On -41 t —cQnL_ before me, Jodi L. Fowler, Notary Public j� (insert name and title of the officer) Personally appeared y'AilI � �I��Paj who proved to me on the basis of satisfactory evidence to be the persor)("hose names i subscribed to the within instrument and •acknowledged to me that he/§ihe>t Aare his/4erft eir authorized ca aci Y executed the same in perste or the entity upon behalf of which the pens/ acted executed d theon hnstrumentnt the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) B(boees-,Bonp( C�C3t7f�rcf� J`�7J�(p ACKNOWLEDGMENT ................................................ a •...........•.....•.......... State of California County of }ss. On before me, Public, personally appeared Notary ,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. Sig ......... a ................... a ........ a .............. v.....•...•...........• 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 0 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. State of California County of On Public, personally appeared ss_ before me, Notary ,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 ...............................................•......... a................ a..e. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney _ CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other: Other Information: rA Thumbprint of Signer E] Check here if no thumbprint or fingerprint is available. City of Newport Beach HARBOR PIERS MAINTENANCE Contract No. 5756 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: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address A cx scr cl ��c l�j� Cone c br511 oc. Bidder 0 (. Authorized Signatu e/Title ` CAW E. C i tller� � Icl City of Newport Beach Contract No. 5756 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. OR FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number )Y -6i Tlc— V_<�wir'S Project Description _T 1-�: On d 01C Approximate Construction Dates: From -'/Z(.A3 Ta I f Zti 1 ✓} Agency Name Vovi ScAn i a iiS �v IS jy\ C Contact Person /oc A Telephone N231T Original Contract Amount $23i D Final Contract Amount $ � Z `Z 1 3 Z j I amount is different from original, please explain (change ordersextra work, etc.) Y-0 1nl n v 4L_ I ,. , /-. -1 _i " 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. 9 No. 2 Project Name/Number Project Description Approximate Construction Dates: From [2s I3 To: (Jj� 7 / 13 ! �� Agency Name C1 +-\.AG J Contact Person _E C r�' Telephone (b05) `7 :J'2 — 6 25 Original Contract Amount $ 1,V0 Final Contract Amount $ i { 3I % to o If final amount is different from original, please explain (change orders, extra work, etc.) is d d eel SC-c)L:)c-- / r,ev-,/ q 61 nyv a �( , 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. o No. 3 Project Name/Number Pt p__ , `Y) e 3f)0V&I ' Project Description M,�� �� a0 i�r-v1acc, 2-011 b �� � � 1 ✓ S Approximate Construction Dates: From q 12 Q0 Z- To: S / j Agency Name Contact Person 6d aL.,o Original Contract Amount $ 2w Final Contract Amount amount is different from original, please 3B1) -4Zl --- Ue)`j 2,7-34, 6L6 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. 10 No. 4 Project Name/Number CA� Project Description�iC2vY W LYl Lc ( 4 GC Lt /ZS h�Gc1n1✓�C, Approximate Construction Dates: From _ l3, To: __�?i 13 113 Agency Name ra v3 an Lk --r'5 �YGV ✓ t5 j n C Contact Person L c6VVP,-7-.j Telephone (p5) 5 C 5 — S'3 Original Contract Amount $ 111, 50 o Final Contract Amount $ t 9,G o C� . If final amount is different from original, please explain (change orders, extra work, etc.) [A 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. �J o No. 5 �1y � Project Name/Number J"r%1--� I) of iC_ I ° c"') ? Project Description Di -e- J /Atf, 'z'3 , CEDC> C \1. Approximate Construction Dates: From /� 1 u i -z-To: 12 Z" -y Agency Name 1 t\/j , DC" Contact Person J��V"" Telephone (Bo Original Contract Amount $ 11 15,�J, D F nal Contract Amount $ ' I,�, S �3 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---�-1/t'.G—}'' Project Description Approximate Construction Dates: From Agency Name Contact Person T 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 ontractor's current financial conditions. Bidder 12 Authorized Signature f itle City of Newport Beach Contract No. 5756 NON -COLLUSION AFFIDAVIT State of California } �CvrS ) ss. County of�Q1?iS ) % 61 lle Z, bei first duly savor depposes,and says that he or she is -,te S%6G of, ���t t n�thc 7aSf cthe party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham, that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the %laws of the State of Calif, r ' that the f reg ng is true and correct. OLjlc7�a"I �Gt U�G Lv?�191UL7Y �c /vacn Bidder Authorized Signa�re[jit�/t 2SL�f EE egi Subscribed and sworn to (wed) before me on this a) qday of pe, 2014 by �AU _ C-4i'['.I . ..—'proved to me on the basis of satisf tca ory evidence to be the personho appeared before me. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y Public JODI L. FOWLER [SEAL] Commission # 1957466 Z . ®. " . Notary Public - California My Commission Expires: /� 0 /6 San Luis Obispo County �My Comm. Ex fres Nov 6, 2015' 13 City of Newport Beach HARBOR PIERS MAINTENANCE Contract No. 5756 DESIGNATION OF SURETIES Bidder's name Lf2O(A glerl TCALi -� L 31 In( - Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): GW Scar>53rne �eoi- S.aei--r. 14Dr� g 39`� 14 City of Newport Beach Contract No. 5760 CONTRACTOR'S INDUSTRIAL SAFETY RECORD /� TO ACCOMPANY PROPOSAL 1 ®� T Bidder's Name �i <6es tw'fi d �""Ca IX, 1. !l<it.�/�ZUG�1� '� TA.<. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts d Total dollar Amount of Contracts (in, Thousands of $) & DD 7 1:�64111 41S&S $^ 4 No. of fatalities No. of lost Workday Cases,_ No. of lost workday cases involving permanent transfer to anotherjob or—�-- termination of em to ment 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 Q`,,nook—a 1 660 i(, S�k)di"Ct-pis �r-L Business Address: 4c,s— tM(Jo ALAEv c /A -z Business Tel. No.: (n,o5'1-1-77 %`f�2 ---�-5 State Contractor's License No. and Classification: Title CPrnrroxlriti��{ tri r`� The above information was compiled from the records that are availab to 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 Se_e A+f-#-hed acKn i��g sn�nP a /y 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. jNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 ACKNOWLEDGMENT State of California County of San Luis Obispo On (t p.I I q before me, Jodi L. Fowler, Notary Public (insert name and title of the officer) personally appeared Pal 1 ll'eti 4"R. iwidpe `}) ,) Beni as �o who proved to me on the basis of satisfactory evidence to be the person Gi ose name + P subscribed to the within instrument and -acknowledged to me that he/ his/�t�sirauthorized capacity ids) -and that b his( g executed the same in persory(s•); or the entity upon behalf of which the personKactacted, executed the cn linstrument. nt the 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 # 1957466 zFa _ Notary Pubiie - Calitornfa i San Luis Obispo County Signature My Comm. Expires Nov 6, 2015 (Seal) tQachcs �Nc�ust�ra! �344e-hj �ec��c� �# 5756 City of Newport Beach Contract No. 5756 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 011-- ((2D C � k� (, n(- The L The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: W, 17 City of Newport Beach Contract No. 5756: 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: L55oc:ia)4�c( -Ucfrr ee nn 1 „c Business Address: E��^r� rCa��+�c7 , 1v t() �� �( r,, q 34 z, Telephone and Fax Number: ('30A117-11LI Z i 005)-7-17— - 5-2�,C� 3 California State Contractor's License No. and Class: `J01 _) b G (REQUIRED AT TIME OF AWARD) Original Date Issued: 11 � 11 � to Expiration Date: 11 13 O Zo 14 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 �q�5- P,-hC Y -Y -w -cry Corporation Y -AI r4, „o Cf. 0, '-IrS (9,a5I-77z-7 7-2— Z Corporation organized under the laws of the State of iE 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: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. K(J Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes No 19 Are any claims or actions unresolved or outstanding? Yes /S) 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. Asof IGrir d 421cAc onS,&4,)(T Bidder ` -M A C Lk y-) (Print name of Owner or President of Corpor tion/Company) C G/Z-- — Authorized Signature/The Title !41Z Dates On A� before me, �6c� i t'oU)Ie4 Notary Public, personally appears P4' 1 1 r; . r! (� who proved to me on the basis of satisfactory evidence to be the person(Wwhose narrjaW' is/are-'subscribed to the within instrument and acknowledged to me that he/s)�executed the same in hisLhediRefi authorized capacity and that by his/paerlt it signatura, Won the instrument the pers or the entity upon behalf of which the persoru 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. (SEAL) 4pta ublic in and for said State 0 a i ✓4 C'A�1,v1y o F �N G Ut SCJh a � � My Commission Expires: 20 4001 L. FOWLER Commission # 1957466 -a Notary Public • California San Luis Obispo County Comm. Ex ares Nov 6, 2015' City of Newport Beach Contract No. 5756 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS ® LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratinq 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 CONTRACT NO. 5756 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. 5756 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 1 Lump Sum Mobilization and Demobilization @ '6;1jf Dollars and Ze�c3 Cents $ oo'6o Per Lump Sum Lump Sum Traffic Control @ t'ou,/-c�urt� v>C f Dollars �— and -moo Cents $ 4-60,06 Per Lump Sum 6,200 S.F. Replace Existing Pier Decking @ 6t k4--cDollars and Foov -Fbru°' Cents $ 114- E-. 00 Per Squa e Foot FIR 2of2 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 4. 180 L.F. Install Pier Stringers @ we.vV� ej4o- Dollars and 2c}ay Cents $ 2 -bZi $ 504 0.60 Per Linear Foot 5, 1,945 L.F. Replace Existing Pier Top Rails @ vevTt�Ce--I Dollars and ';,eoe �v { l vc.. Cents Per Linear F of 8. 9,500 L.F. Replace Existing Pier Side Rails _ @ -FLs0 Dollars and (we„L-� nt,vee. Cents $ 2.23 14t S Per Linear Foot 14 EA Replace Existing Pier Benches With City Supplied Units ow 4kTvjC(�v-^ 4 @ Se°aeu f"t4z_ Dollars and '2-ero Cents $ 17SDD $ z-, 4'S& -l0 Per Each TOTAL PRICE IN WRITTEN WORDS and _'Z'"'' N Fwu Cents 4-) 2-8- l -Z-0 I a Date f Bidder's Telephone and Fax Numbers $ i 1, 99(0.,]S_ Total Price (Figures) Bidder �% S GwC l -- Bidder's Authorized/Signature and Title 3941-I5�6(o- A ��s C b��cG ��roiM� Ba_ , Bidder's License No(s). Bidder's Address CC, 9 3O LI 2 and Classifications) Bidder's email address: 4Q -.w/ C45Sczt��t,�z- ��Yz-1 11 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) o Repairing damaged timber pier for upcoming winter swells. o 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. o 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 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS HARBOR PIERS MAINTENANCE CONTRACT NO. 5756 PART 1- GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE SECTION 3—CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 ---UTILITIES 5-2 PROTECTION SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. 7-3.1 Additional Insurance Requirements 7-7 COOPERATION AND COLLATERAL WORK 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control 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 7-10.5 "No Parking' Signs 7-10.7 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 1 2 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 6 6 6 6 6 6 7 7 7 7 8 PART 2 CONSTRUCTION MATERIALS SECTION 215 --- SPECIALTY MATERIALS TO BE INSTALLED 215-1 PIER DECKING 215-1.1 General 215-2 RAILINGS 215-2.1 Top Rails 215-2.2 Treated Side Rails SECTION 216 --- INSTALLATION HARDWARE 216-1 Fasteners 216-2 Hangers SECTION 313 --- DECKING AND RAILINGS CONSTRUCTION 313-1 General 313-1.1 Decking 313-1.2 Top Rails 313-1.3 Side Rails u N 9 9 10 10 10 10 10 10 10 10 10 10 11 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS HARBOR PIERS MAINTENANCE CONTRACT NO. 5756 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Drawings (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this Section, "The work necessary for the completion of this contract consists of replacing the existing pier decking and railings at the various street -end small public piers throughout the Newport Harbor with contractor supplied new materials. No work will be done on the nearby gangways nor floating platforms." 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: Page 1 of 11 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 C5E&T-Al4:ittl1CY,L`I1Lr(61VIN6_li!&iasIIa 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 approval showing methods, materials and sequences of operation for maintaining utility services." SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK Page 2 of 11 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. The 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 the 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 its 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 fifty (50) consecutive working days after the date on the Notice to Proceed. However, within the allotted time, the maximum number of working days allowed at each work site is five (5) consecutive working days. Work shall progress at one pier location at a time to minimize unnecessary exposures to all parties. In other words, the Contractor shall concentrate his efforts and finish one pier before continuing onto the next location. 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 24Th (Christmas Eve), December 25th (Christmas), and December 31$t (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 4th November 11 th December 24th December 25th or December 31 st falls on a Saturday, the Friday before is a holiday." Page 3 of 11 6-7.4 Working Hours. Normal working hours are limited to 7:00 AM to 3:30 PM, Monday through Friday. 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 6:00 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. 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. 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. This liquidated damages amount applies to both the per -pier and the overall construction durations. 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 7-3 LIABILITY INSURANCE. 7-3.1 Additional Insurance Requirements. In addition to the insurance requirements specified in Section 7-3 of the Special Provisions, the Contractor shall also maintain statutory coverage to protect him from claims related to and be in compliance with the provisions of the Longshoremen's and Harbor Workers' Compensation Act. 7.7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed, City forces will perform all shut downs of water facilities. The Contractor shall give the City seven calendar days notice of the time a shut down of facilities needs to take place. Page 4 of 11 A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Municipal Operations Department. No nighttime work will be permitted on this project. 7-8 PROJECT SITE MAINTENANCE 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: "The Contractor will have gratis use of City water where available at the piers. The Contractor shall provide its own power for the work." 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 the 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. Page 5 of 11 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The contractor shall make all arrangements to protect in place all existing improvements on the piers adjacent to the work that are to remain in place. Any damages done to said existing improvements shall be replaced in-kind at no cost to the City. It will be to the contractor's advantage to make photographic records of the existing condition prior to starting work." 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 traffic on the adjacent sidewalks shall be maintained to the extent possible. 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." 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 Page 6 of 11 7-10.4-1 Safety Orders. Add to this Section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 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 a current General Engineering "A" Contractors Page 7 of 11 License issued by the State of California. 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. 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, 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, posting signs, providing traffic control including, 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 Replace Existing Pier Decking: Work under this item shall include the cost of all labor, materials, equipment, and arrangements needed to remove and Page 8 of 11 dispose of the existing decking, furnish the new decking material and stainless steel installation hardware, install the new decking onto existing pier stringers, and complete all other items of work as required to have the new decking installed complete in place. Item No. 4 Install Pier Stringers: Work under this item shall include the cost of all labor, materials, equipment, and arrangements needed to "sister" new decking material to the existing pier stringers for the purpose of providing the space needed to mount the new pier decking or the City supplied benches. The contractor shall obtain approval from the Engineer on the extent of the new stringers needed prior to starting this work. Payment shall be made as measured along the length of the new material installed. No payment shall be made on any installed new stringers that were not preapproved. In the event that this work was not needed for the project, this bid item will be deleted from the project scope of work and no payment shall be made to the Contractor. Item No. 5 Replace Existing Pier Top Rails: Work under this item shall include the cost of all labor, materials, equipment, and arrangements needed to remove and dispose of the existing top rails, furnish the new top rail material and the stainless steel installation hardware, install the new top rails, and complete all other incidental items of work as required to have the new top rails installed complete in place. Item No. 6 Replace Existing Pier Side Rails: Work under this item shall include the cost of all labor, materials, equipment, and arrangements needed to remove and dispose of the existing side rails, furnish the new treated side rail material and the stainless steel installation hardware, install the new side rails, and complete all other incidental items of work as required to have the new rails installed complete in place. Item No. 7 Replace Existing Pier Benches with City Supplied Units: Work under this item shall include the cost of all labor, materials, equipment, and arrangements to remove and dispose of the existing benches, retrieve the new benches from City storage, transport the units to the work locations, and install the new benches onto the piers with contractor supplied stainless steel mounting hardware as directed by the Engineer. 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 215 --- SPECIALTY MATERIALS TO BE INSTALLED 215-1 PIER DECKING Page 9 of 11 215-1.1 General. All decking to be installed on this project shall be gray in color and shall perform no lesser than the 2X6 12 -ft Fiberforce Plastic Lumber as manufactured by Bedford Technology, support a minimum live load of 100 PSF, and shall not deflect more than L/240 at 100 PSF. The units shall be completely textured on both top and bottom surfaces and without any grooving on the sides. The Bedford contact for this project is Jim Chew of Environmental Specialty Products. Mr. Chew can be reached at (951) 371-5792 215-2 RAILINGS 215-2.1 Top Rails All top rails to be installed on this project shall be: • IPE Brazilian hardwood. • milled as shown on the attached drawing. • have smooth edges at the ends. • straight, level, and have no rough edges. 215-2.2 Treated Side Rails All side rails to be installed on this project shall be: • 2X4 Douglas Fir -Larch Graded No. 1 or better timber. • surfaced four sides (S4S). • treated with ACQ (0.4 PCF retention rate). • treated in conformance with the applicable provisions in the American Wood Preservers Association Standards (AWPA). SECTION 216 --- INSTALLATION HARDWARE 216-1 Fasteners. All fasteners to be installed on this project shall be #10 316 - SS 3-1/2" long metal Phillips oval -head screws. 216-2 Hangers. All hangers to be installed on this project to support the installation of "sister" stringers shall be made of 316 -SS and as Simpson A21 stainless steel clips as shown on the drawings. SECTION 313 --- DECKING AND RAILINGS CONSTRUCTION 313-1 General All fasteners to be installed on this project shall be installed plumb and aligned along the length of the pier when viewed afar. 313-1.1 Decking The installation shall be completed as follows: Page 10 of 11 • Each deck board shall be fastened with two (2) over -head screws as specified in Section 216-1 at every joist support. • Holes for deck screws shall be pre -drilled. • Screw edge distance shall be no less than '/4". • The top of the fasteners shall flush flat with the decking top surface. • Spacing between decking shall be per manufacturer's recommendations. • Care shall be used by the contractor to assure that expansion and contraction of deck boards is considered in the spacing installation. 313-1.2 Top Rails The installation shall be completed as follows: • In areas where rails butt against each other, care shall be given to assure that both top rails are level and there are no rough edges. • Care shall be taken while drilling into the IPE. • Pre -drilling will be required. • The cost of wastage caused by the contractor's work perform shall be borne by the Contractor. • No screws within any of the surfaces exposed to the public shall be visible. 313-1.3 Side Rails The installation shall be completed as follows: • All cuts and bored holes made in the field shall receive field -applied preservative treatment in accordance with the pre -approved Best Management Practices. • Preservative treatment chemicals shall not be allowed to enter harbor waters. Page 11 of 11 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: Associated Pacific Construction Inc Type of contract: 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:XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M 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? 1, 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: II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/18/13-10/18/14 A. INSURANCE COMPANY: Golden Eagle Insurance Company B. AM BEST RATING (A-: VII or greater) A:XV 1,000,000/2,000,000 ® Yes ❑ No ■ Yes R No 29 ■ Yes ■ No ■ Z Yes ■ No 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 F. 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: 0 N/A ®' 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 $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A Z Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: a k Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/14/14 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. TO: FROM PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report May 27, 2014 Agenda Item No. 7. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Fong Tse, Principal Civil Engineer 949-644-3321 Harbor Piers Maintenance Project - Award of Contract No. 5756 (CAP14-0023) ABSTRACT: Staff has received favorable bids for the Harbor Piers Maintenance Project and is requesting City Council approval to award the construction contract to Associated Pacific Constructors of Morro Bay, California. RECOMMENDATION: a) Approve the project plans and specifications; b) Award Contract No. 5756 to Associated Pacific Constructors for the Total Bid Price of $181,986.75 and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $18,200.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: Sufficient funding for thea✓vardofthiscontractisavailable. The following fund willbeexpensed: Account Description Account Number Amount Tide and Submerged Lands 7231-C4401002 $200,186.75 Total: $200,186.75 Proposed uses are as fol I ows: Vendor Associated Pacific Constructors Associated Pacific Constructors Purpose Construction Contract Construction Contingency Total: Amount $181,986.75 $ 18.200.00 $200,186.75 DISCUSSION: Newport Harbor currently has twelve public piers concentrated along the peninsula and Balboa Island. The City's two newest public piers - one on the Rhine Channel (adjacent to Lido Park Drive) and the other on the Grand Canal (at the end of Balboa Ave.) - are not part of this maintenance project. The remaining ten public piers, which are the subject of this project, are located at: 1. M Street (peninsula) 2. Washington Street (peninsula, Fun Zone area) 3. Fernando Street (peninsula, between Fun Zone and Bay Island) 4. 15th Street (peninsula) 5. 19th Street (peninsula) 6. Coral Avenue (Balboa Island, S. Bay Front) 7. Opal Avenue (Balboa Island, S. Bay Front) 8. Emerald Avenue (Balboa Island, N. Bay Front) 9. Sapphire Avenue (Balboa Island, N. Bay Front) 10. Park Avenue (Little Balboa Island, E. Bay Front) These piers have been in existence since approximately the mid-1960s, and records indicate that some of them were re -built in the mid-1980s and again in the early 2000s. The purpose of this project is to revitalize the public piers by improving their appearance for end-users. Specifically, this project will focus on the pier component only (not the gangway or float) and will consist of: 1. Replacing composite decking with an improved, textured composite decking; 2. Replacing composite handrails with a milled, hardwood railing; 3. Replacing wood side railings with like -for -like material; and 4. Attaching new benches (purchased separately outside of this contract) to the piers. The existing blue finials, which help identify the public piers from the water, will be replaced with new finials under a separate contract later this summer. In addition, it is anticipated that future work on the floats and gangways will be phased in over the next few years as plans are developed. At 10:00 AM on April 30, 2014, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Associated Pacific Constructors $ 181,986.75 2 Optima RPM, Inc. $ 212,330.00 3 Swift Slip Dock + Pier Builders $ 248,285.60 4 Harbour Constructors Company $ 297,535.00 5 Bellingham Marine Industries, Inc. $ 350,835.00 6 John S. Meek Company, Inc. $ 367,325.00 7 Mode Engineering $ 385,675.00 The low bid submitted by Associated Pacific Constructors (APC) is approximately nine percent (9%) below the $200,000 Engineer's Estimate. APC has a California General Engineering "A" Contractor's License as required by the Project Specifications. APC in the past has satisfactorily completed numerous capital improvement projects for the City, including several on our Ocean Piers. Pursuant to the Contract Specifications, APC is allotted fifty consecutive working days to complete the overall construction. The maximum working days provided for each individual pier is five consecutive working days. Work at one location is required to be completed before moving onto the next site in a pre -planned and expeditious manner. ENVIRONMENTAL REVIEW: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement or Reconstruction) of the CEQA Implementation Guidelines. This Exemption covers the replacement or reconstruction of existing structures and facilities where the replacement will be located on the same site as the existing and will have substantially the same purpose and capacity as the existing that was replaced. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Map ............- \.... ........... .... ....................... ....... ....... ......... ..................................... BACBOA NEWPORT :$AGDA:::::.... ............................... PIER PACIFIC * = WORK LOCATION OCEAN BAL BOA DISLAND Ilt► ........................ ......................... ........................ .................... ................. .............. HARBOR PIERS MAINTENANCE LOCATION MAP w BALBOA ` r... PIER ........................ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5756 1 05/27/14