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Home My WebLink AboutC-5539 - Ocean Piers Maintenance (FY 13-14 )CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC April 14, 2016 Associated Pacific Constructors Attn: Kristopher Ahrens 495 Embarcadero Morro Bay, CA 93442 Subject: Ocean Piers Maintenance — C-5539 Dear Kristopher Ahrens: On April 14, 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 April 22, 2015. Reference No. 2015000204110. The Surety for the contract is Western Surety Company and the bond number is 58717185. Enclosed is the Faithful Performance Bond. Sinar-x , rIb ��y , Leilani I. Brrown, 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 C CITY OF NEWPORT BEACH BOND NO. 58717185. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7.078.00 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors hereinafter designated as the "Principal," a contract for making maintenance and repairs to the two existing City ocean piers including grouting cracks in stringers, plies, caps, cap beams, and cross bracings, replacing deteriorated fasteners, repairing deteriorated pilings, and replacing missing or broken timber members 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 Four Hundred Ninety One Thousand Five Hundred ($491,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Associated Pacific Constructors 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 (9) 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 9th day of July _ 20 14 , Associated Pacific Constructors, Inc. Name of Contractor (Principal) Aut razed Signa /Title 1---'A-116 / e. ./�.✓ tri e Western Surety Company Name of Surety 915 Wilshire Blvd., Ste. 1650 Los Angeles, CA 90017 Address of Surety 805 382-1624 Telephone Authorized Ageht Signature Shirley Littell - Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors Page C-2 State of California County of LAG ACKNOWLEDGMENT ss, proved to me on the basis of satisfactory evide to be t subscribed to the within instrument and acknowle to same in his/her/their authorized capacity(ies), and tha instrument the person(s), or the entity upon behalf of whit instrument. 20 before me, Notary Public, personally appeared who he person(s) whose name(s) is/are me that he/she/they executed the his/her/their signatures(s) on the h person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of foregoing paragraph is true and correct. WITNESS my hand and official seal. "SEE NOTARY ACKNOWLEDGMENT ATTACHED" Signature (seal) that the ACKNOWLEDGMENT State of California County of 5Aj .j, S n6L ) ss. On20 )4 before me, J !gyp Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personjs�ahose na ijew i e subscribed to the within instrument and acknowledged to me that he/s executed the same in his/ XAj*jr~authorized capacity' , and that by hisibeoher signaturessj on the instrument the person , or the entity upon behalf of which the perspns�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 JODI L. FOWLER Commission # 1957466 -.i Notary Public - California Z San Luis Obispo County M Comm. Expires Nov 6, 20 I) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California 1 County of _ Ventura J} On July 9, 2014 before me, Janet Burton, Notary Public Date Here Insert Name and Title of the Officer personally appeared ShirTPy 1-i 1-+P1 l Name(s) of Signer(s) JANETBURTON ComMsslon • 1904251 -i Notary Public - California yenturs County M Comm. E ires Oct 14.2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: 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 Faithful Performance Title or Type of Document: Bend Document Date: July 9 , 2014 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual kRAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: LG'✓GV '.vG�:'.niia v %GL. �G'�-4 ., �✓G`.'✓ .v6(✓G'eiG'�vs � �G`!G�^i." eiG`✓G✓ - 'W Vestern Surety Con pany 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 sea] 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 confined. 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. yprrye WESTERN SURETY COMPANY @i?e�PlPVOggo;e r1 0M aul T. Bmtlat Vice President State of South Dakota 1 )j ss County of Minehaha On this 21 at day of January, 2014, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the 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 �"^ + i d.MOHR i N(F W PUBLIC June 23, 2015 � eAL s SOUTH OANOTA 1 ♦4w,�h4MMw4\MYhwM�wN 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 l have hereunto subscribed my name and affixed the seal of the said corporation this 9 day of July 2014 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Fonn F4280-7-2012 - CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC June 30, 2015 Associated Pacific Constructors Attn: Kristopher Ahrens 495 Embarcadero Morro Bay, CA 93442 Subject: Ocean Piers Maintenance - C-5539 Dear Kristopher Ahrens: On April 14, 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 April 22, 2015, Reference No. 2015000204110. The Surety for the bond is Western Surety Company and the bond number is 58717185. Enclosed is the Labor & Materials Payment 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 • Fax: (949) 644-3039 9 www.newportbeachca.gov EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 58717185 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors hereinafter designated as the "Principal," a contract for making maintenance and repairs -to -the two -existing City ocean piers including -grouting cracks in stringers, piles, caps, cap beams, and cross bracings, replacing deteriorated fasteners, repairing deteriorated pilings, and replacing missing or broken timber members 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 Four Hundred Ninety One Thousand Five Hundred ($491,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give aright of action to them or their assigns in any suit brought upon this Bond, as Associated Pacific Constructors Page B-1 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 9th day of July 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 805 382-1624 Telephone a� qL" Authorized Signat re itle Authorized Agerk Signature Shirley Littell - Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors Page B-2 State of C County of XII ACKNOWLEDGMENT ss. 20 before me, Notary Public, personally appeared , who proved to me on the basis of sa ' factory evidence to be the person(s) whose name(s) islare subscribed to the within instrumen nd acknowledged to me that he/she/they executed the same in his/her/their authorized capac ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upo ehalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. "SEE NOTARY ACKNOWLEDGMENT ATTACHED" Signature the State of California that the ACKNOWLEDGMENT State of California County of ':�A Al Liz 4 0, 4!Qj ss. On . Ij it 12 (seal) 20J�L before me, Notary Public, personally appeared - - who proved to me on the basis of satisfactory evidence to be the perso!jWwhose naroa(s`jiF, a subscribed to the hin instrument and acknowledged to me that he//� executed the same in hist eir authorized capacitYves), and that by hisi�lerJ�aetf signature�(sj on the instrument the person"or the entity upon behalf of which the persoA(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. �r />Iill, !i Associated Pacific Constructors JODI L. FOWLER iiORMSSIon 41 1857466 Lem; Notary Public - California zSan Luis Obispo County (Seal) Comm. Expires Nov 6, 2015 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California County of Ventura On July 9, 2014 before me, Janet Burton, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shirley Littell Names) of Signer(s) JANET BURTON Commission • 1904251 Notary Public - California i Ventura County ' Comm. Ea ires Oct 14 2014 + who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my 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: Labor and Materials Document Date: July 9m14' 2014 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Western Surety Company Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Q 1 • • • b L• • ' • • • : 11 • :11 • 1: V astern Surety Comany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of January, 2014. WESTERN SURETY COMPANY ��QOggwt� s �Tt+ota` �Pau1 T. Bruflat, Vrce President State of South Dakotal ss County of Minnehaha J On this 21st 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 id-R)SOUTH OPUBLIC aEntJune 232015 B.veorn 1. 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 9 day of July y 7fl1d WESTERN SURETY COMPANY v10 "'e Pi V A i ei� L. Nelson, Assistant Secretary Form F4280-7-2012 CTY OF F NEWPORT BEACH City Council Staff Report April 14, 2015 Agenda Item No. 9 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: Ocean Piers Maintenance Project- Completion and Acceptance of Contract No. 5539 (CAP14-0025) ABSTRACT: At the June 24, 2014 regular meeting, City Council awarded the Ocean Piers Maintenance Project Contract No. 5539 to Associated Pacific Constructors, Inc. for a total contract amount of $491,500.00. 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 Ocean Piers Maintenance 7231-C4801001 $ 520,843.52 Total: $ 520,843.52 am DISCUSSION: Overall Contract Cost/Time Summary Awarded I Final Cost at Contingency Contract Amount I Completion Allowance $491,500.00 $520,843.52 15% or less 5.97% 1 4.74% Actual Time Allowed Contract Time (days) 1 90 -2 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: $ 491,500.00 Actual cost of bid items constructed: $ 491,500.00 Total non -bid item changes: $ 29,343.52 Final contract cost: $ 520,843.52 The City's two 50+ year old Ocean Piers are inspected and maintained through a maintenance contract on alternating years. While both Newport and Balboa Piers were assigned an overall "Good" rating from the 2013 underdeck inspections, it is imperative to timely perform the needed maintenance work on these structures to ensure continued acceptable service. The City owns and operates the wet and dry utilities that serve the restaurant buildings at the end of each of the Piers. The access to maintain these utilities through a small floor aperture inside these buildings has been challenging for the Municipal Operations Department crews for many years. With the contractor still onsite, Municipal Operations and Public Works staff directed the construction of a much needed maintenance access hatch and a below deck platform leading from outside the Balboa Pier restaurant to the utilities under the building. This not -in -contract extra work accounted for $23,875 (4.74%) of the $29,243.52 (5.97%) total change orders, which included additional pile strap replacements and cross- bracings and pile cap repairs that deteriorated since the original Inspection Report. The same type of maintenance access issue exists at the end of the Newport Pier and will be addressed when that location is redeveloped. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule January 30, 2015 Estimated Project Award for Construction June 24, 2014 Actual Project Award June 24, 2014 Contract Completion Date Including Additional Work Days February 13, 2015 Actual Substantial Construction Completion Date February 11, 2015 A total of 30 work days was added to the original contract time to adjust for the delayed delivery of the stainless steel hardware, hatch, and fasteners and inclement weather. M %Due to %Due to Contract Directed Unforeseen Change Change $491,500.00 $520,843.52 15% or less 5.97% 1 4.74% Actual Time Allowed Contract Time (days) 1 90 -2 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: $ 491,500.00 Actual cost of bid items constructed: $ 491,500.00 Total non -bid item changes: $ 29,343.52 Final contract cost: $ 520,843.52 The City's two 50+ year old Ocean Piers are inspected and maintained through a maintenance contract on alternating years. While both Newport and Balboa Piers were assigned an overall "Good" rating from the 2013 underdeck inspections, it is imperative to timely perform the needed maintenance work on these structures to ensure continued acceptable service. The City owns and operates the wet and dry utilities that serve the restaurant buildings at the end of each of the Piers. The access to maintain these utilities through a small floor aperture inside these buildings has been challenging for the Municipal Operations Department crews for many years. With the contractor still onsite, Municipal Operations and Public Works staff directed the construction of a much needed maintenance access hatch and a below deck platform leading from outside the Balboa Pier restaurant to the utilities under the building. This not -in -contract extra work accounted for $23,875 (4.74%) of the $29,243.52 (5.97%) total change orders, which included additional pile strap replacements and cross- bracings and pile cap repairs that deteriorated since the original Inspection Report. The same type of maintenance access issue exists at the end of the Newport Pier and will be addressed when that location is redeveloped. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule January 30, 2015 Estimated Project Award for Construction June 24, 2014 Actual Project Award June 24, 2014 Contract Completion Date Including Additional Work Days February 13, 2015 Actual Substantial Construction Completion Date February 11, 2015 A total of 30 work days was added to the original contract time to adjust for the delayed delivery of the stainless steel hardware, hatch, and fasteners and inclement weather. M 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 Mao Npi al D oa PAC/F/C OCFq/V PROJECT LOCATIONS OCEAN PIERS MAINTENANCE LOCATION MAP ATTACHMENT A a N.T.S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5539 1 04/14/15 a FCE1\/FD RECORDING REQUESTED BY AND WHEN RECO E!Wkf__Tl NfdJ? City Clerk 0 TF OF City of Newport, Beach ' K 100 Civic Centel" brive H Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder VIII Jlllllllllllllllllll�IllNO FEE * I II I IIIVII IEI IEI 1 II11 VIII4 3 0 $ 2015000204110 8:04 am 04122115 47 411 N12 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 Constructors of Morro Bay, CA, as Contractor, entered into a Contract on June 25, 2014. Said Contract set forth certain improvements, as follows: Ocean Piers Maintenance C-5539 Work on said Contract was completed, and was found to be acceptable on April 14, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. .q BY l X 4�e Public Works Director City of Newport Beach Ift4:111C91-11% II:Q 1 I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY "AR) - 00`,� City Clerk W� A .. �. CITY OF NEWPORT BEACH CITY CLERK'S OFFICE PO R�`A _ Leilani Brown, MMC April 16, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: Sunset Ridge Park Contract No. C -3449(A) Big Canyon Reservoir Auxiliary Maintenance Yard Contract No. C-5222 Ocean Piers Maintenance Contract No. C-5539 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, 9� Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 . 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 Constructors of Morro Bay, CA, as Contractor, entered into a Contract on June 25, 2014. Said Contract set forth certain improvements, as follows: Ocean Piers Maintenance C-5539 Work on said Contract was completed, and was found to be acceptable on April 14, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. a BY Public Works 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. fI� ff Executed on L W ul�r at Newport Beach, California. BY AJ_ City Clerk Ccs 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 11th day of June, 2014, at which time such bids shall be opened and read for OCEAN PIERS MAINTENANCE Contract No. 5539 $ 435,000.00 Engineer's Estimate City Engineer 140 Civic Center Drive, Bay 2D Newport Beach, CA 92660 949-644-3330 Contractor License Classification 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: �ttp:/lwww. NewportBeachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code – including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification Bidder i Authorized Signature Ip�6WG E.��✓� P✓Y s��l 4r-16 Date 0 City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 6639 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 OCEAN PIERS MAINTENANCE, Contract No. 5539 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 3rd day of June , 2014. Associated Pacific Constructors, Inc. Name of Contractor (Principal) Authorized S!MpreYfitle Western Surety Company Name of Surety Authorized A i nt Signature 915 Wilshire Blvd., Ste. 1650 Los Angeles, CA 90017 Address of Surety 213 452-5961 Telephone Shirley Littell - Attorney in Fact Print Name and Title See AtIgcked AcKnpwled9menfl,�� y (Notary acknowledgment of PritiCipal & SUretY must be attached) 5 ACKNOWLEDGMENT 0..0.0.0...a.............................0....0000.00..............066..0..... State of California County of Ventura } ss. On --_jUn, 3 _Q14 before me, Janet Burton , Notary Public, personalty appeared who proved to me on the basis of satisfactory evi ence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/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 foregoing paragraph is true and correct. WITNESS my d and official s i. Signature laws of the State of California that the JANET BURTON Commission # 1904251 Notary Public - California a Ventura County ' ehl� Comm. Expires Oct 14, 2014PROINSOMM .... ............................................................................ Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: ✓ Personally Known with Paper Identification Paper Identification ^Credible Witness(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint �L�' Power of Attorney is available. CEO/CFO/COO President I Vice -President / Secretary / Treasurer Other: Other Information: W6,c2C-A N 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 tone 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 instmments 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 trade 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, Seacry+. WESTERN SURETY COMPANY pPOgqt�-i= a VS...—" w< / 4�s�fN nr.MaP "*wx,xx,xauk T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 2 t st day of January, 2014, before me personalty came Paul T. Bmflat, 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 seat 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 f June23,2015 ¢�NOUTH DAKOTA i5j SEAL SOUTH DAKOTA stets •.+ww.+w+,a.wr.+n.vv...i �� 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 stilt in force. In testimonx Ow1 reof I have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of June Z WESTERN SURETY COMPANY g� f`�o0ggr� v% e L R(tSEAy ro�I "�/ • `+ L. Nelson, Assistant Secretary Form F4280-7-2012 ACKNOWLEDGMENT State of California County of San Luis Obispo On julne Q 0-j01q before me, Jodi L. Fowler, Notary Public (insert name and title of the officer) personally appeared _- TRL1 iii r gyp who proved to me on the basis of satisfactory evidence to be the person hose na s ware subscribed to the within instrument and -acknowledged to me that he/O his/�,r authorized capacity(i�sT, and that b his/ Y executed the same in personX or the entity upon behalf of which they erson sign executed the instrument the l P 6cted, 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 7477�� B r &btl L'S -R'od 5-S3 y 67 JODI L. FOWLER ry Commission # 1957466 Z : Wim. Notary Public - California i Z "' San Luls Obispo County s (Seal) �Y Comm. Expires Nov 6, 2015 /V �NMt O3 NR:FoZ t�3 ,MAZNA ..••••.s .............•. v e e sa...................••• e e e s. v e . s.••••.. e v a a e e v... u State of California County of ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other: Other 7 Thumbprint of Signer E] Check here if no thumbprint or fingerprint is available. City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 DESIGNATION OF SUBCONTRACTORS) 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: yyt6r>Cr, / R(OtrtnC Address:jSO6 S, %j Cc/'rtFtvp4 �'T ci��✓" (a�/ti Tllexrna/�SLet..c/ C/0�?A Phone: C3 /0 State License Number: 7z// 39-3—!4 Ena L Address: t rr3 •C Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address l ,l/o y t"i / � (ik Bidder Authorized Signature/Title s City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1�j [� Project Name/Number 177 e,'zg/� /��'/ 9A lg_S Project Description Approximate Construction Dates: From Agency Name '/ f ;Al�d/e ,fit S-7� / ' Contact Person 466 X ��t/Z�� Telephone EoS-)��% �S/ Original Contract Amount $ Z I &anal Contract Amount $ c5 'T , > Z -Z If finaj-amgunt is different from origjnal, please explai5(changq 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. A No. 2 Project Name/Number Project Description o z Approximate Construction Dates: From S /3 To: 4;1.7 Agency Name Contact Person Z��-rc � � �} 1 L/ Telephone of %72, Original Contract Amount a Z6.6 Final Contract Amount $ .--, %(- U 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. 0 No. 3 Project Name/Number Project Description 9 e-�7 Approximate Construction Dates: FromY - To: Agency Name / ' / eus !"�'�+/Qf�i/G �d2 /✓�L�� Contact Person Telephone (S3Y 5!�Z� - d Z/82,'A9 ,rte Original Contract Amount $f Final Contract Amount $ --o, 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. Me No. 4 Project Name/Number Project Description Approximate Agency Name Contact Person Z-0 C-11 1-ke/ZIA„ Telephone O� S 5 y3 Original Contract Amount $ �W Final Contract Amount $ /z SZ� If final amount is different from original, please explain (change orders, extra work, etc.) AJJ Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description !a -t Approximate Construction Dates: From Agency Name Contact Person C) Zc)/L —// -31 li /5`T, ave Original Contract Amount $ Final Contract Amount $ 41-71,52- 1.4` T If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. / V �) 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Co tractor's current financial conditions. Bidder Authorized Signature/Titie 12 KRISTOPHER P. AHRENS Project Manager Associated Pacific Constructors, Inc. 459 Embarcadero Morro Bay, CA 93442 (805) 234 2997 kahrens@associatedpacific.com EDUCATION • California Polytechnic State University, San Luis Obispo Bachelor of Science in Construction Management, graduated December 2009 SUMMARY • Experienced in marine construction particularly timber pier repairs and maintenance, pile driving, dock building, and dredging. APC WORK EXPERIENCE — 6/18/2014 to Present • Harford Pier Terminus Maintenance Project (Avila Beach, CA) o Remove and replacement of damaged section of the pier (including piles, cap beams, stringers, and decking). 0 2013 o $428,321 • Cayucos Pier Interim Repair Project (Cayucos, CA) 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. 0 2012-2013 o $1,119,322 Previous Experience • Field Engineer for Connolly Pacific Co. Duties: Daily Progress Reports, assist in planning, monitoring work, coordinating work, surveying, and estimating. 10/04/10 to 6/15/12 City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 NON -COLLUSION AFFIDAVIT State of California ) ss. County of. Luis Obl/s) J � �.�/ ✓ being first duly sw rn de sese�nI�fd a sp�h�� he or she is 1e*er ��of Ccct�i�JK,Ithe 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 California that the, ragging is true and correct. ILI,f 5r Bidder Authorized Signature/Title au G ,e�J/ Subscribed and sworn to (or affirmed) before me on this_day of J (1 r)p 201' by —?% A (A) r- 6> )!I e)) , proved to me on the basis of satisfactory evidence to be the person,( who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J001 L. FOWLER Nota Public Commission # 1957466 a rl [SEAL] a -s Notary Public - California f Z San Luis Obispo County My Commission Expires: My Comm. Expires Nov 6, 2015 13 City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 DESIGNATION OF SURETIES Bidder's name Z u 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): IS7Z D �� -5D" C ��- .�� 1714 Self -el" ect /era 6" e// �d�Els 14 I .s�77-53; City of Newport Beach r•7a�_1►111 III diclu kIs] Contract No. 5539 CONTRACTOR'S INDUSTRIAL SAFETY RECORD /j TO ACCOMPANY PROPOSAL Bidder's Name / 1�34e;ld (o la,"' 4"ipwe�q 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 Total dollar Amount of Contracts (in Thousands of $ % �� 6© � Otj ,jam z ��'., //, u J7"' No. of fatalities O CID a No. of lost Workday Cases Q ® ! Q No. of lost workday cases involving permanent transfer to another job or O% termination of (� employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder �5dc_��/ fG ufz� L✓�Jfyivc%dt2S�C Business Address: Business Tel. No.: jnr -77-2• "7 °{7U State Contractor's License No. and ,y Classification: Title �G3✓�i2-�L �� C/n/G The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. if bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI Eno City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 44 f / c 4,j-ko, The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Date 17 City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Add Telephone and Fax Number: California State Contractor's License No. and Class: MM (REQUIRED AT TIME OF AWARD) f Original Date Issued: / '3 /y�� Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: n 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: N me Title Address Telephone � �� /r l //f,✓L�i7� �ic�r9,�c1110 77� Corporation organized under the laws of the State of &±LJ r�2�✓/�i— IE The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: z All company, corporate, or fictitious business names used by any principal having intepz', in this proposal are as follows: c, 0,vkS gYi u c 76,0�. L . 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. A/U N73�- 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 ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Ye No 19 Are any claims or actions unresolved or outstanding? Yes No 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. (Print name of Owner or President of Corpora tio Company) Bidder Authorized Siigggnnature/Title/ / /_c Si v/ee7_ Title 6ZeF Date 1 On 1)2 9�1 tl before me, . )e' i ( roU) f e Notary Public, personally appeared a� I G i Il o Y\ who proved to me on the basis of satisfactory evidence to be the person (a whose napae(sj ism -subscribed to the within instrument and acknowledged to me that heL%Wthey--executed the same in his/�edthefr"authorized capacity(ips);`and that by his/or/peir signature1,$) on the instrument the person, or the entity upon behalf of which the perso%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. JOIN L. FOWLER Commission # 1957466 (SEAL)No tary Public - California d for ai ate San Luis Obispo County Ncrublic inComm. Expires Nov 6, 2015 LL My Commission Expires: 4,ArLS' 20 City of Newport Beach OCEAN PIERS MAINTENANCE Contract No. 5539 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 Bests Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN PIERS MAINTENANCE CONTRACT NO. 5539 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR1of2 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. 5539 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 N.�._ PRICEWRITTENIN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization 1( e(_'1t7t�SQN4� Dollars and p B 0 0 0 �oo 117--0 Cents 3U Per Lump Sum�� Lump Sum Newport Pier Repairs JU/ wrx�[is2(1�ll�ollars and 00/0 U ZeCO Cents $ 0 0 Per Lump Sum Lump Sum Balboa Pier Repairs #WVS Dollars and Cents $ Per Lump Lm TOTAL BASE BID PRICE FOR BID ITEMS B1THROUGH B4TDBEUSED ASTHE BASIS OF LOW BID SELECTION IN WRITTEN WORDS and 00 -Cents 406 Y Jd_d A(q) Total Price (Figures) BELOW ARE ADDITIVE BID ITEMS FOR THE CITY'S CONSIDERATION AND ARE NOT A PART OFTHE BASE BID ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL Al,AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1.35OLF. Install Concrete Deck Joint Filler @ Dollars and zkro Cents S30,110_11_)__ Per Linear Foot A2 LUMP SUM Photographic Records @Dollars and ro enta Su Per|unno-�no _-_--' � � 40 A� Pw S Bidder's AuthorizeA Signature and Title 4- Dato Bidder's Telephone and Fax Numbers Bidder's License No(s).Bidder's Address 3 Al2- and Classification (0) Bidder's email address: PR20f2 ITEM QUANTITT-11TEM DESCRIPTION AND UNIT UNIT T OTAL PRICE WRITTEN IN WORDS PRICE PRICE B4, LunnpSum As Built Plans Uaro and 42�0 X00 Cents 66 $ Per Lump Sum' TOTAL BASE BID PRICE FOR BID ITEMS B1THROUGH B4TDBEUSED ASTHE BASIS OF LOW BID SELECTION IN WRITTEN WORDS and 00 -Cents 406 Y Jd_d A(q) Total Price (Figures) BELOW ARE ADDITIVE BID ITEMS FOR THE CITY'S CONSIDERATION AND ARE NOT A PART OFTHE BASE BID ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL Al,AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1.35OLF. Install Concrete Deck Joint Filler @ Dollars and zkro Cents S30,110_11_)__ Per Linear Foot A2 LUMP SUM Photographic Records @Dollars and ro enta Su Per|unno-�no _-_--' � � 40 A� Pw S Bidder's AuthorizeA Signature and Title 4- Dato Bidder's Telephone and Fax Numbers Bidder's License No(s).Bidder's Address 3 Al2- and Classification (0) Bidder's email address: OCEAN PIERS MAINTENANCE CONTRACT NO. 5539 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day of June, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Associated Pacific Constructors, 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 making maintenance and repairs to the two existing City ocean piers including grouting cracks in stringers, piles, caps, cap beams, and cross bracings, replacing deteriorated fasteners, repairing deteriorated pilings, and replacing missing or broken timber members (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, Bidder's 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. 5539, 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 Four Hundred Ninety One Thousand Five Hundred Dollars and 00/100 ($491,500.00). 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 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 495 Embarcadero Morro Bay, CA 93442 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 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 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 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 ATTO NE 'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: By: MA , Nr�� Leilani I. Brown City Clerk PO�� d 41 F0 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONTRACTOR: Associated Pacific Constructors, a California corporation Date: 7z / ZAu/ By: Paul E. Gillen President and Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Associated Pacific Constructors 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 subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Associated Pacific Constructors 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. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 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 Associated Pacific Constructors Page A-2 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 Contractors 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 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 Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. Associated Pacific Constructors Page A-3 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 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 Associated Pacific Constructors y Page A-4 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 Page A-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/17/14 Dept./Contact Received From: Raymund Date Completed: 7/17/14 Sent to: Raymund By: Chris Company/Person required to have certificate: Associated Pacific Construction Inc Type of contract: All Others I. 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? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No 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? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No H. 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 C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N 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 N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes 0 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): N Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory N Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? N Yes [:]No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: N N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved 0_0 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/17/14 Date 04 ■ ■ N N/A ❑ Yes ❑ No 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 * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH BOND NO. 58717185 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors hereinafter designated as the "Principal," a contract for making maintenance and repairs to the two existing City ocean piers including grouting cracks in stringers, piles, caps, cap beams, and cross bracings, replacing deteriorated fasteners, repairing deteriorated pilings, and replacing missing or broken timber members 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 Four Hundred Ninety One Thousand Five Hundred ($491,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Associated Pacific Constructors Page B-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 9th day of July 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 805 382-1624 Telephone Authorized Signat re/Title Authorized Agerit Signature Shirley Littell - Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors Page B-2 State of C County of I� , proved to me on the basis of sa subscribed to the within instrum same in his/her/their authorized instrument the person(s), or the instrument. FAN :411101 I 1 :11 01t3 IT, 14,111 SS, 20 before me, Notary Public, personally appeared who evidence to be the person(s) whose name(s) is/are acknowledged to me that he/she/they executed the ,(les), and that by his/her/their signatures(s) on the Dn.pehalf of which the person(s) acted, executed the I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. "SEE NOTARY Signature w ATTACHED' the State of California that the ACKNOWLEDGMENT (seal) State of California . County of SA AI Li,.s 011 :�,f0} ss. On _ �� (� t t 1 20jq before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persory(6� whose nand is/are" subscribed to the within instrument and acknowledged to me that he executed the same in his/Keir authorized capacityDe51; and that by his/her/Iheir signature,*) on the instrument the person or the entity upon behalf of which the perso*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. Sign- atur Associated Pacific Constructors JODI L. FOWLER Commission # 1957466 z ��.. Notary Public -California z San Luis Obispo County (Seal) My Comm. Expires Nov 6, 2075 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Ventura On July 9, 2014 before me, Date Janet Burton, Notary Public Here Insert Name and Title of the Officer personally appeared Shirley Littell Name(s) of Signer(s) JANET BURTON Commission 0 1904251 Notary Public -California a Ventura County AA Comm. Ex fres Oct 14, 2014 + who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and official seal. Place Notary Seal Above Signature: G2 _—� 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: Labor and Materialspayntent Beim Document Date: July 9, 2014 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual TTAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — El Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Ej Other: Signer Is Representing: Signer Is Representing: Western Surety Company 0 2013 National Notary Association ® www.NationalNotary.org . 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 instmments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of January, 2014. WESTERN SURETY COMPANY �Nf oSIt A%�.'":I �.\Se As l w�wFo` Sp 'FpauI T. Brutlat, vice President State of South Dakota C ss I County of Minnehaha On this 21 st day of January, 2014, before me personally came Paul T. Bmtlat, 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 pursuarrt 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 �•yT` s I SEAL NOTARY PUBLIC JUrte 23, 2015 f SOUTH OAKOTA Ste' f p T 1. 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 1 have hereunto subscribed my name and affixed d the seal of the said corporation this 9 day of JU y 2 O 14 WESTERN SURETY COMPANY W` '•s o �'zi /�y_�// 'r0�•.. A p�P-- M�AM L. Nelson, Assistant Secretary Form F4280-7-2012 CITY OF NEWPORT BEACH BOND NO. 59717185 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7, 079.00 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Associated Pacific Constructors hereinafter designated as the "Principal," a contract for making maintenance and repairs to the two existing City ocean piers including grouting cracks in stringers, piles, caps, cap beams, and cross bracings, replacing deteriorated fasteners, repairing deteriorated pilings, and replacing missing or broken timber members 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 boundunto the City of Newport Beach, in the sum of Four Hundred Ninety One Thousand Five Hundred ($491,500.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the Associated Pacific Constructors 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 9th day of July 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 805 382-1624 Telephone Au t rized Signat e/Title Authorized Ageht Signature Shirley Littell - Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Associated Pacific Constructors Page C-2 State of California County of 92 ACKNOWLEDGMENT ss, proved to me on the basis of satisfactory evidence to be t subscribed to the within instrument and acknowlelibed to same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of whic instrument. 20 before me, Notary Public, personally appeared who he person(s) whose name(s) is/are me that he/she/they executed the \his/her/their signatures(s) on the h the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of foregoing paragraph is true and correct. WITNESS my hand and official seal. "SEE NOTARY ACKNOWLEDGMENT ATTACHED" Signature (seal) that the ACKNOWLEDGMENT State of California County of 5Aa Lijis Cliisro }s& s On __ 20 ) before me, `��i LQ l) P Notary Public, personally appeared u�l I ;^ Gb 1 vtj _ „ who proved to me on the basis of satisfactory evidence to be the personjs)-whose nameW >tMfe subscribed to the within instrument and acknowledged to me that he/s executed the same in hislpp authorized capacitypesj'and that by his! r signatures,( on the instrument the persor, or the entity upon behalf of which the perspt<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 _ _ _ „JODI L. FOWLER Commission # 1957466 = Notary Public - California z ° San Luis Obispo County My Comm. Expires Nov 6, 20 J I) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California County of _ Ventura On July 9, 2014 before me, Date personally appeared Shirley T JANET 6URTON Commission # 1904251 FI' Notary Public - California z Ventura County My Camm. Ex ires Oct 14, 2014 Janet Burton, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 han nd 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 Faithful Performance Title or Type of Document: Be,d Document Date: July 9 , 2014 Number of Pages: 't Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): 0. Partner — ❑ Limited ❑ General ❑ Individual Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: Signer's Name ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: dQ.y _d ©�s�114,11110 • USTIR 101�.. ,..� y.ya j WITINTM 0 .q.✓.�. r I rA*j. a 1111-1111112y ✓ il L41�W ifff milee : ..: •�•� 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 seat herein affixed hereby make, constitute and appoint Shirley Littell, Individually of Oxnard, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2 t st day of January, 2014. ^�nEiy WESTERN SURETY COMPANY ''pp"SN °s �'C4pP q>�i pt _ Se IN DIVA .+APPaud T. Bruflat, Vice President State of South Dakota l )? ss County of Minnehaha On this 21 at day of January, 2014, before me personally came Paul T. Bruflat, to me known, who, being by me duly swum, 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 ^ r June 23, 2015J SEAL r SOUTH DAKOTA TTT f 4MY,AM144YYM44hM44\M4Wnh� �/�� 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 9 day of July 2 014 ,On. Q,.,-...... WESTERN SURETY COMPANY FN ,+% 11 00 3 i �4�TlIOA�,�P �WIryN�� L. Nelson, Assistant Secretary Form F4280-7-2012 11111J11M1,71677FI&N717P A11ddl�11 INDEX FOR SPECIAL PROVISIONS OCEAN PIERS MAINTENANCE CONTRACT NO. 5539 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-12 BACKGROUND INFORMATION 2-12.1 Previous Investigations. 2-12.3 Ocean Conditions SECTION 3 ---CHANGES IN 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 1 1 1 1 1 2 2 2 2 3 3 3 3 3 3 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 5 7-3 LIABILITY INSURANCE. 5 7-3.1 Additional Insurance Requirements 5 7-7 COOPERATION AND COLLATERAL WORK 5 7-8 PROJECT SITE MAINTENANCE 5 7-8.1 Cleanup and Dust Control 5 7-8.5 Temporary Light, Power and Water 5 7-8.6 Water Pollution Control 6 7-8.6.1 Best Management Practices and Monitoring Program 6 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. 6 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.2 Storage of Equipment and Materials in Public Streets 7 7-10.3 Street Closures, Detours and Barricades 7 7-10.4 Safety 8 7-10.4-1 Safety Orders 8 7-10.5 "No Parking" Signs 8 7-10.7 Notices to Residents and Businesses 8 7-15 CONTRACTOR'S LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 SECTION 9 ---MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 10 PART2 11 CONSTRUCTION MATERIALS 11 SECTION 206 --- MISCELLANEOUS METAL ITEMS 11 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS AND ANCHOR BOLTS 11 206-1.1.1General 11 206-1.5 Stainless Steel Components 11 206-7 STAINLESS STEEL FASTENERS 11 206-7.1 General 11 SECTION 217 --- SPECIALTY REPAIR MATERIALS 11 217-1 General it SECTION 305 --- PILE DRIVING AND TIMBER CONSTRUCTION 11 305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION it 305-2.1 General 11 305-2.2 Materials 12 305-2.3 Workmanship 12 305-2.7 Submittals 12 305-2.8 Execution 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN PIERS MAINTENANCE CONTRACT NO. 5539 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H -5221-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this Section, "The work necessary for the completion of this contract consists of making maintenance and repairs to the two existing City ocean piers including grouting cracks in stringers, piles, caps, cap beams, and cross bracings, replacing deteriorated fasteners, repairing deteriorated pilings, and replacing missing or broken timber members." 2-12 BACKGROUND INFORMATION 2-12.1 Previous Investigations. A pier inspection report was prepared by American Marine Corporation in December 2013. This report is the basis for the plans. Copies of this report are available for inspection at the offices of the Public Works Department upon request. Page 1 of 13 2-12.3 Ocean Conditions The Contractor is advised that the project sites are located within a coastal zone that experiences variable changes in wind, waves, water level, current, and weather. The work may be exposed to storm wave attacks. Portions of the work specified herein may require the Contractor to schedule his activities during times of most favorable tides. Low tides do not always occur during daylight hours. The Contractor shall satisfy himself as to the hazards, risks and work conditions likely to arise from weather variations and/or tidal variations and is advised to subscribe to a marine weather and wave forecast service and consult tide tables published by the National Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted tide elevations due to wind, storms, atmospheric conditions, and other effects. The bidder to whom this contract is awarded agrees by execution of the contract that the Contractor neither has nor shall have any claim, demand, action or cause of action against the City of Newport Beach, or any officer or employee thereof, on account of or in respect to any actual Ocean conditions that are in variance with predicted events. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 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. Page 2 of 13 SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 ---UTILITIES 5-2 PROTECTION. Add to this section: "Lighting, utility services, trash collection, etc., shall be continuously provided to the piers and restaurants and not disrupted by the Contractor's activities. If the existing utilities interfere with construction, the Contractor shall submit drawings to the Engineer for approval showing methods, materials and sequences of operation for maintaining utility services. The cost of any temporary relocation of utilities will be at the Contractor's expense. Notching of pier timbers for utility lines will not be permitted unless authorized by the Engineer." SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work Page 3 of 13 until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty (60) consecutive working days after the date on the Notice to Proceed. Construction shall begin after Labor Day 2014. All work shall be completed before Christmas 2014. 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 1St (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 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 318t (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." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 6:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. Page 4 of 13 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. 7-3.1 Additional Insurance Requirements. In addition to the insurance requirements specified in Section 7-3 of the Special Provisions, the Contractor shall also maintain statutory coverage to protect him from claims related to and be in compliance with the provisions of the Longshoremen's and Harbor Workers' Compensation Act. 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed, City forces will perform all shut downs of water facilities. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the hours of 11:00 PM to 5:00 AM will be allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Division. The City must approve any nighttime work in advance. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control. Add to this section, "The Contractor shall be solely responsible for containing and collecting construction debris and dust. No construction debris or dust shall be allowed to fall into the ocean below." 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned Page 5 of 13 to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachea.gov/publieworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP shall be approved by the Engineer prior to any work. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section "In General all vehicle loads shall not exceed 2.5 tons. Vehicles used on the piers shall not exceed a gross weight of 10,000 pounds, nor shall an axle load exceed 8,000 pounds unless the vehicle/equipment is driven over timber mats or other means of distributing equipment loads in a uniform manner. The Contractor shall place 4' x 8' plywood sheets adjacent to the work area to eliminate staining and spillage of materials on the existing improvements and existing concrete deck. The Contractor shall submit to the Engineer for prior approval a written plan, with substantiating calculations, for distributing equipment loads over the pier. Any damage done by the Contractor to the existing structures (rails, utilities, etc.) or concrete deck Page 6 of 13 shall be repaired at the Contractor's sole expense. In addition, the Contractor will only be allowed to operate or park equipment on the piers which will be used that day. The contractor is cautioned to be especially careful in any welding and cutting operations to avoid fire in timber structures. The Contractor shall furnish and maintain all safety devices and extinguishers. A fire watch shall be established whenever welding or acetylene torches and other flame cutting devices are used. The fire watch personnel shall have a dry chemical extinguisher ready for use. In addition the Contractor shall also protect any donated/plaqued benches and the landscaping and irrigation at the base of both piers." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to the restaurant building at the end of Balboa Pier and onto the public concrete pier decks must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3). The piers are used by fisherman and pedestrians, for lifeguard activities, and for vehicular deliveries to the restaurant at the end of the Balboa Pier. The Contractor shall maintain continuous access for such use." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may not be stored on City parking lots, sidewalk areas, beaches, piers, etc., except as permitted by the Engineer. The Engineer will designate the locations and lengths of time where the Contractor may store equipment and materials." It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction 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 for closing, detouring and Page 7 of 13 barricading piers or other work areas to the Engineer for approval. A separate plan shall be submitted for each pier or other work area and for each stage of proposed construction. The plans shall include the following: 1. Locations of work areas and traffic controls, barricades, warning and guidance devices, temporary restrictions, etc., around those work areas; 2. Locations of nearby areas where work will be performed by others; 3. 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. 4. Emergency vehicle access shall be maintained at all times. Fishing areas shall be accessible at all times except within the Contractor's work area. The piers may not be closed at any time. 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Page 8 of 13 Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S 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, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF. The "As -Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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 Page 9 of 13 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: BASE BID ITEMS: Item No. B1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, bidding, preconstruction meeting, bringing equipment and material onsite, and all other related work as required by the Contract Documents. Item No. B2 Newport Pier Repairs: Unless otherwise listed under a separate bid item, this Item shall include all work shown on the Plans and these Specifications complete in place. Item No. B3 Balboa Pier Repairs: Unless otherwise listed under a separate bid item, this Item shall include all work shown on the Plans and these Specifications completed in place. Item No. B4 As -Built Plans: The "As -Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. ADDITIVE BID ITEMS: Item No. Al Install Concrete Deck Joint Filler: Work under this item shall include removing all weeds, errant sand, and debris by mechanical and/or pneumatic methods and install new joint filler and other work items as required to complete the work in place as shown on the plans. Item No. A2 Photographic Records: Work under this item shall include all of the costs necessary to make and submit photographic records both in hard copy and digital (CD) format of all of the repairs made. These records shall be legible, organized, and tabulated to match the construction drawings. Questionable records could delay the processing of progress and final payments to the Contractor. 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." Page 10 of 13 PART 2 CONSTRUCTION MATERIALS SECTION 206 --- MISCELLANEOUS METAL ITEMS 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS AND ANCHOR BOLTS 206-1.1 Requirements. 206-1.1.1 General. Add to this section "All items of hardware such as plates, shapes, shim plates, hangers, chain guides, threaded rods, lag screws, and spikes shall be furnished and installed as noted on the plans. Galvanized components are permitted only when their stainless steel counterparts are not readily and commercially available." 206-1.5 Stainless Steel Components. All items to be constructed of stainless steel shall be attached with stainless steel nuts, bolts and washers. In addition any welds of stainless steel shall be made using stainless steel welding rods and procedures. 206-7 STAINLESS STEEL FASTENERS 206-7.1 General. Add this Section "All items of fasteners such as nuts, bolts, nails, screws, washers, etc, shall be manufactured from Type 318 stainless steel. SECTION 217 --- SPECIALTY REPAIR MATERIALS 217-1 General. Joint filler to be installed between adjacent concrete deck panels shall be non-metallic, non -shrunk, UV treated, and elastromeric. Black or dark grey variety is preferred. SECTION 305 --- PILE DRIVING AND TIMBER CONSTRUCTION 305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 305-2.1 General. Add to this section "Timber construction consists of furnishing supervision, labor, materials, transportation, equipment and incidentals necessary for reinstalling, and replacing missing or damaged stringers, cross bracing, and cross bridging; drilling holes; fabricating metal items for connection of associated timber work to existing and new stringers, cross bracing, cross bridging; and miscellaneous timber work as may be directed by the Engineer. Bolts, anchors, straps and similar items which are not specifically called for under this Specification, but which are needed for the installation of various parts of the work, shall be provided and installed by the Contractor as a part of the Bid. Contractor shall re -attach and re -secure all loose cross bridging with stainless steel fasteners." Page 11 of 13 305-2.2 Materials. Add to this section " Unless noted otherwise on the Plans, all new and replacement timber and lumber material for stringers, cross bridging, cross bracing, blocking, and framing shall be rough size Pacific Coast Douglas Fir, Number 1 or better and shall conform to Sections 204-1.1.2 and 204-1.3.1. All timber and lumber shall be pressure treated with chemonite (ACZA) per AWPA Standard P5-97 to a minimum net retention of 0.60 pounds per cubic foot by assay per AWPA Standards C2-97 and C18-95 inspected in accordance with Section A of AWPA M2-97. For all hardware, unless otherwise noted on the plans: A. Bolt replacements shall be 1" diameter with nuts and lock washers unless otherwise indicated. B. Structural plate and shapes shall conform to Section 206-1.1.1. C. All wood screws shall be Type 316 stainless steel in conformance with ASTM A- 276. D. Stainless steel hardware and fasteners shall be Type 316 in conformance with ASTM A-276." 305-2.3 Workmanship. Add to this section "Any existing materials or members not shown to be removed or replaced that are damaged during the construction shall be replaced with new materials to match the existing. Lumber shall be connected and fastened as indicted on the plans. Members to be bolted shall be predrilled no more than 1/8 -inch larger than the bolt diameter. Splices shall be staggered. There is to be a minimum of field drilling and cutting of lumber as it exposes untreated wood. Handling and care of pressure treated wood shall conform to the requirements of the Standard Instructions for the Care of Pressure Treated Wood (AWPA M-4). All necessary cuts, bolt holes, etc., in piling or lumber, existing or new, shall be swabbed thoroughly with two coats of copper napthanate. Contractor shall remove laitance, grease, oil, rust, and other bond inhibiting materials from cracks, splits and crevices in the pier's structural elements by wire brush, sand blasting or water jet prior to epoxy application." 305-2.7 Submittals. The Contractor shall: A. Supply Certificates of materials compliance for all timber and lumber. B. Notify the Engineer one week prior to treatment of timber and lumber so that plant inspection may be arranged. C. Furnish the Engineer, one week prior to doing any timber work, with certificates of wood preservative treatment for approval. The written certifications and plant inspection analysis reports shall conform to the requirements of Section A of AWPA M2-97. Any timber delivered to the job site that does not meet the minimum requirements of net retention and/ or penetration of preservative shall be rejected by the Engineer. Rejected material shall be immediately hauled away by the Contractor at his own expense. Page 12 of 13 305-2.8 Execution. The Contractor shall: A. Pre -drill pilot holes with a bit 1/16 inch less diameter than the diameter of the nail for all nails larger than 16d. Nail without splitting wood. B. Drill straight and true from one side only. C. Do not bear bolt threads on wood, but use malleable iron washers under head and nut where both bear on wood, and use malleable iron washers under all nuts. D. For stinger, pile cap, pile, and other treated wood members which have ends cut off or holes drilled, the cut surface or the hole shall be thoroughly cleaned and treated per AWPA M4-96. E. Pour bolt holes full of preservative prior to installing bolts. Page 13 of 13 CITY OF o rA NEWPORT BEACH City Council Staff Report June 24, 2014 Agenda Item No. 6. 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: Ocean Piers Maintenance 2013-2014 - Award of Contract No. 5539 (CAP14-0025) ABSTRACT: Staff has received acceptable bids for the Ocean Piers Maintenance Project 2013 - 2014 and is requesting City Council's approval to award the construction contract to Associated Pacific Constructors, Inc. of Morro Bay, California. RECOMMENDATION: a) Approve the project drawings and specifications; b) Award Contract No. 5539 to Associated Pacific Constructors, Inc. for the total bid price of $491,500.00, and authorize the Mayor and City Clerk to execute the Contract; c) Establish an amount of $73,700.00 (15%) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA-001 transferring $85,000.00 from Account No. 7231-C4402007 (Seawall and Bulkhead Modifications) to Account No. 7231-C4801001 (Ocean Piers Maintenance) for FY 2014/15. FUNDING REQUIREMENTS: Upon approval of the budget amendment, contract costs will be expensed to the Ocean Piers Maintenance Project Account No. 7231-C4801001 as follows: Account Description Ocean Piers Maintenance Proposed uses are as follows: Vendor Associated Pacific Constructors Associated Pacific Constructors DISCUSSION: Account Number Amount 7231-C4801001 $ 565,200.00 Total: $ 565,200.00 Purpose Amount Construction Contract $ 491,500.00 Construction Contingency $ 73,700.00 Total: $ 565,200.00 The City's two ocean piers, Newport and Balboa, were placed into service over fifty years ago. Although the concrete decks constructed twelve years ago remain relatively maintenance free, the timber support structures below the decks are continuously impacted by the elements. As such, the City's Capital Improvement Program bi-annually funds the inspection and contract maintenance of these two piers. The Inspection Reports completed in December 2013 itemized a list of maintenance items to be addressed. Both Newport Pier and Balboa Pier maintained a structural rating of "Good". Staff prepared Plans and Specifications to replace deteriorated hardware and timber members and to wrap numerous unprotected pilings identified in the Reports. The two bids opened on April 8, 2014 for this project were unexpectedly high. As such, the City Council rejected all of the received bids and directed staff to reformulate the scope of work for re -bidding. Staff reviewed the reports and the revised contract documents to include high priority items such as corroded hardware, broken or missing timber stringers, bracings, blockings, and damaged pilings. To encourage competitive bidding, staff sent plans and specifications to marine contractors as far away as Oregon to participate in the bidding process. At 10:00 AM on June 11, 2014, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Associated Pacific Constructors, Inc. $491,500.00 2 John S. Meek Company $673,400.00 3 Industrial Coating + Restoration $725,000.00 4 The Richards Group $949,000.00 Although the low total base bid amount received is approximately 13% above the $435,000.00 Engineer's Estimate, this amount likely better represents the market price to complete the needed work. In addition to the base work, prospective bidders were invited to propose the cost to replace certain deteriorated expansion joint fillers between the existing concrete deck panels on both piers and to provide photographic records of the completed work for the entire Project. Staff reviewed the pricing submitted by the low bidder for these additive items and determined it is more economical to complete them through a separate contract. The low bidder, Associated Pacific Constructors, Inc. (APC), possesses a California State Contractors License Classification "A" as required by the project specifications. A check of APC's references indicates satisfactory completion of similar projects for other public agencies, including several projects for the City of Newport Beach. Since it will be nine months since the December 2013 Inspection Report and the start of construction work begins in the Fall, staff recommends the City Council approve a 15% contract contingency amount to address any unknown damages that might have occurred subsequent to Report. Pursuant to the Contract Specifications, APC shall start the work after the Labor Day weekend and is allotted sixty (60) consecutive working days to complete the work. Additionally, all work shall be completed before the end of 2014. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Project Location Mao Attachment B - Budget Amendment PIER PROJECT LOCATIONS .O yo /b OCEAN PIERS MAINTENANCE LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5539 1 6/24/14 ATTACHMENT B City of Newport Beach NO. BA- 15BA-001 BUDGET AMENDMENT 2014-15 AMOUNT: $85,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Decrease Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditures from the Seawall and Bulkhead Modifications account to the Ocean Piers Maintenance account in the Tidelands Capital Fund. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Description Division Number 7231 Tidelands - Capital Account Number C4402007 Bulkhead Repairs/Sealing Rehab Division Number 7231 Tidelands - Capital Account Number C4801001 Ocean Pier Repair/Inspection Signed Signed: Signed: Approval: City City Council Approval: City Clerk Amount Debit Credit $85,000.00 Automatic E3 85,000.00 Date 6171 Date Date CITY OF 1 NEWPORT BEACH City Council Staff Report April 22, 2014 Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov PREPARED BY: Fong Tse, Principal Civil Engineer PHONE: 949-644-3321 TITLE: Ocean Piers Maintenance Project — Reject All Bids — Contract No. 5539 (CAP14- 0025) ABSTRACT: Staff received only two bids for the Ocean Piers Maintenance Project, both bids being significantly higher them the project cost estimate. Staff believes the best course of action is to reject all bids and re -advertise the project. RECOMMENDATION: a) Reject all bids received for Contract No. 5539; and b) Direct staff to review the project scope of work and re -advertise for bids. FUNDING REQUIREMENTS: No fiscal impact. DISCUSSION: At 11:00 AM on April 8, 2014, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Mode Engineering $645,000.00 2 Associated Pacific Constructors, Inc. Although it is not uncommon to have a low Bidder turnout for specialty work such as Ocean Pier Maintenance due to the small pool of qualified Marine Contractors available, staff was expecting several more bids as several contractors ordered the Project Plans and Specifications package. The low bid of $645,000 from Mode Engineering, who also indicates 213 relatively no experience on Ocean Pier construction or Maintenance, was substantially higher than the $445,000 Engineer's Estimate. The Engineers Estimate was developed using similar work and final cost information from the last pier maintenance project in 2012, and adjusted for market inflation. With City Council's approval, staff intends to re -scope the bid package and possibly remove the pile wrapping work from the project. Staff will also reach out to other Coastal Cities with Piers and Ports to try to identify a larger contractor base and encourage other contractors that have completed similar work to participate in the bidding and hopefully encourage a higher level of competitive bidding. As this project is not scheduled to start construction until after the Labor Day weekend, staff feels there is ample time to review the project scope and re -bid the project without adversely affecting the project schedule. ENVIRONMENTAL REVIEW: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (Replacement of existing facilities involving negligible expansion or capacity) of the CEQA Implementation Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the Item). ATTACHMENTS: Description Attachment A - Location Map 214 PIER PROJECT LOCATIONS NTS OCEAN PIERS MAINTENANCE LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5539 1 4/22/14 215