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
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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