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HomeMy WebLinkAboutC-8313-1 - Contract for the Construction of Public Work Emergency Repair of Critical Condition Newport and Balboa Pier Pilingsi M_ M CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK EMERGENCY REPAIR OF CRITICAL CONDITION NEWPORT AND BALBOA U PIER PILINGS WITH JOHN S. MEEK COMPANY, INC. THIS CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORK ("Contract") is made and entered into as of this 9th day of December, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JOHN S. MEEK COMPANY, INC., a California corporation ("Contractor'), whose principal place of business is 14732 South Maple Avenue, Gardena, California 90248, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to provide emergency repairs to five (5) support pilings at the Newport Pier, and one (1) support piling at the Balboa Pier due to severe deterioration, as more fully described in the Contract Documents ("Project"). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 21 calendar days commencing upon issuance of the "Notice to Proceed." NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Contract shall commence on the Effective Date and shall terminate on January 31, 2017, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Single Source Memorandum for Emergency Repair of Critical Condition, attached hereto as Exhibit A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 8313-1; Standard Specifications for Public Works Construction (current adopted edition and all supplements); and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'). Exhibits A, B, C, D and E, and all other named Contract Documents, are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2.2. Scope of Work. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project as identified in the Contract Documents ("Work" or "Services"). 2.3. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 21 calendar days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 21 calendar days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five Hundred Dollars ($500.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Ninety Two Thousand Nine Hundred Seventy Four Dollars and 00/100 ($92,974.00). In anticipation of actual Work exceeding the quantity known to City and proposed by Contractor, the City may pay to Contractor a not -to - exceed amount of One Hundred Seven Thousand Dollars and 001100 ($107,000.00), which is an additional fifteen percent (15%) contingency amount to cover such unforeseen conditions, less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by John S. Meek Company, Inc. Page 2 City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work; 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Joshua Jilk to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By John S. Meek Company, Inc. Page 3 delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and legally recognized professional standards. 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. 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. 8.3. There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this John S. Meek Company, Inc. Page 4 Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 9.4. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5. Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 9.6. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7. Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the John S. Meek Company, Inc. Page 5 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit E and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit D and incorporated herein by reference. 14.2. The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 14.3. Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. John S. Meek Company, Inc. Page 6 15. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in this Contract, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C and incorporated herein by reference. 16. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or co -tenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, John S. Meek Company, Inc. Page 7 the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 19. OWNERSHIP OF DOCUMENTS 19.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. John S. Meek Company, Inc. Page 8 22. CONFLICTS OF INTEREST 22.1. Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 22.2. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 23.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 23.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: John S. Meek John S. Meek Company, Inc. 14732 South Maple Avenue Gardena, CA 90248 24. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract, except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to all claims fling requirements set forth in the John S. Meek Company, Inc. Page 9 Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 25. TERMINATION 25.1. In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 25.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 26. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site as defined by the Contract Documents, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 27. STANDARD PROVISIONS 27.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 27.2. Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. John S. Meek Company, Inc. Page 10 27.4. Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 27.5. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 27.6. Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 27.7. Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 27.8. Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 27.9. Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 27.10. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 27.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. 27.12. Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] John S. Meek Company, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNTY'O OFFICE Date: Q ii. City Attorney ATTEST: I /I lI Date: M CITY OF NEWPORT BEACH, a California municipal corporation Date: By: r C_ Dave ff City Manager CONTRACTOR: John S. Meek Company, Inc. a California corporation By: Signed in Counterpart John S. Meek President/Secretary 'IGNATURES] Attachments: Exhibit A — Single Source Memorandum for Emergency Repair of Critical Condition Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond John S. Meek Company, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'$ FFICE Date: 2 ZY CITY OF NEWPORT BEACH, a California municipal corporation By: i 4;— By: Aaron C. Harp" Dave Kiff City Attorney City Manager ATTEST: CONTRACTOR: John S. Meek Company. Date: Inc. a California c rporation Date: 12- / By: 4on Leilani I. Brown M ek City Clerk nt/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Single Source Memorandum for Emergency Repair of Critical Condition Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond John S. Meek Company, Inc. Page 12 EXHIBIT A SINGLE SOURCE MEMORANDUM FOR EMERGENCY REPAIR OF CRITICAL CONDITION John S. Meek Company, Inc. Page A-1 MEMORANDUM Date: December 7, 2016 To: David Kiff, City Manager David A Webb, Public Works Director From: Fong Tse, Assistant City Engine- ' Subject: Single Source Contract with John . Meek Construction Company, Inc. for Emergency Repair of Critical Condition Newport Pier Pilings Public Works Department As a part of the FY 2016-2017 Capital Improvement Program, the City retained the services of COWI (Marine North America) to inspect and assess the condition of the City's Newport and Balboa Piers. The Draft Inspection Report submitted by COWI on December 2, 2016 listed a number of maintenance items as expected as well as issues that require urgent corrective actions. Specifically, the COWI investigations discovered that five (5) support pilings at Newport Pier and one (1) support piling at Balboa Pier have deteriorated to the extent that they are currently non-functional in varying degrees as shown on the attached photographs. Staff and COWI discussed the findings and have determined that these pilings need to be repaired immediately. The remaining identified piling issues, including the Balboa Pier fender pile that was preventively removed earlier this year, are not as time -sensitive, but however should be corrected at the earliest opportunity. Given that marine specialty contractors are normally very limited in numbers and their availability is on "appointment" basis, staff was only able to identify John S. Meek Construction Company, Inc. of Gardena, CA (Meek) as the only contractor able to dispatch a crew and divert the resources from its other on-going projects on short notice. Upon discussing the COWI Report and construction methods with staff, Meek proposed to make all of the needed repairs to the Newport Pier narrowed pile sections at Bent Nos. 40 and 41 for the discounted price of $92,974.00. With the upcoming unpredictable winter storms, staff is seeking approval to enter into a single source contract with Meek to begin the urgent corrective work on December 12, 2016. Meek anticipates work completion within two weeks. Additionally, since the COWI underwater inspection only removed a limited amount of existing pile wrapping from the infested pilings listed in the Report, it is quite possible that the extent of actual repair work could exceed the quantity known to staff and proposed by Meek. Therefore, staff is also requesting a $14,026.00 (15%) contingency amount to cover such unforeseen conditions, bringing the total not -to -exceed contract amount to $107,000.00. Sufficient funding is available in the Tidelands Maintenance Budget Account No. 10001-980000-17H03. Please contact Fong Tse at X3321 if there are any questions. Recommended: i ' !/ / Date: /Z— d9-/ k David A. Webb Public Works Director Approved: Date: t r ja Dav iff City Manager Ocean Piers Maintenance Inspection Report; Newport Pier 2016 not present at every failed grout encapsulation to pile wrap interface, and that these elements can be rehabilitated before significant section loss occurs (Photo 35). Photo 32 - Pile 41B Severe section loss at Photo 33 - Pile 40B LVLIII wrap removal with Photo 34 - Pile 41E LVLIII Wrap removal with Photo 35 - Pile 37E LVL III Wrap removal with Severe section loss due ro marine borer trace marine borer (Limnoria) presence. (Limnoria). The remaining observed conditions are Moderate, and have not resulted in significant section loss or heavy marine borer infestation. However, it should be noted that these conditions, if left unchecked, will ultimately result in section loss and potentially expensive rehabilitation repairs. At four locations, the interface between the pile wrap and the grout encapsulation has failed, and the timber pile is exposed to the marine environment (Photo 36). Per the Level III investigation results, described above, these locations have not progressed as significantly and 22 EXHIBIT B PROPOSAL John S. Meek Company, Inc. Page B-1 JOHN S. J sM MEEK COMPANY, INC. GII&A Nt'61R X710VMDU7167RIX hMNkMWM December 7, 2016 City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92658-8915 Attention: Fong Tse, P.E. Regarding: Newport Pier Pile Repairs 14732 SO. MAPLE AVENUE GARDENA, CA 80248 TFL- (310)690w8923 FAX: (310) 836-2183 EMAIL: generWOlohnsmeek.00m Gentlepersons, We are pleased to submit the following quotation for work on the Newport Pier in Newport Beach, California. Price includes labor, materials and equipment to repair the piles in your draft report dated 12-2-16 as follows: For piles 40B, 40D, 41B, 41D and 41E: Supply and install up to 8' long fiberglass jacket and epoxy per the attached FX -70 Structural Repair and Protection System (as amended). Fiberglass jacket shall be install with up to 18" embedment in the mudline; Additionally, supply and install 14' 150 mil polyethylene pile wrap. Price for the above work is $92,974.00 Excluded from this quotation is any engineering, drawings, bond premium and cost of permits and inspections. If you have any questions, please call. Si rely, Joshua J' Project Manager JAJ:jj General ConAruNion: P& Orb* Fa n&mnru • )Marine • Sborkv • FiazMa limes #7091st 0 EXHIBIT C 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 Employers 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. Coverage shall include USL&H and Maritime Coverages as appropriate. Coverage is to include Federal Acts, where applicable (Jones Act and Longshoremen and Harbor Workers). In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance, including USL&H and Maritime Coverages as appropriate, 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. John S. Meek Company, Inc. Page C-1 B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractors 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, volunteers, and any person or entity owning or otherwise in legal control of the property John S. Meek Company, Inc. Page C-2 upon which Contractor performs the Project and/or Services contemplated by this Agreement. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. 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. Riqht 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. 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. John S. Meek Company, Inc. Page C-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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. 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 John S. Meek Company, Inc. Page C-4 that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. John S. Meek Company, Inc. Page C-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: 1/6/17 Dept./Contact Received From: Raymund Date Completed: 1/6/17 Sent to: Raymund By: Alicia John S. Meek Company Inc. -Emergency Repair Company/Person required to have certificate: Newport/Balboa Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17 A. INSURANCE COMPANY: United States Fire Insurance Company B. AM BEST RATING (A-: VII or greater): A: XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? IM/2M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach S Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) S Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) S Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? S Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® 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 S No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): S N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA S Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/1/16-2/1/17 A. INSURANCE COMPANY: Liberty Mutual Insurance Company B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? S Yes ❑ No D. LIMITS - If Employees (Must be $1M 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): S N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes S No H. NOTICE OF CANCELLATION: ❑ N/A S Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17 A. INSURANCE COMPANY: Starstone National Insurance Company B. AM BEST RATING (A-: VII or greater): A-: XI C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY EFF 2/1/16-2/1/17 CARRIER: UNITED STATES FIRE INS CO Rating: A: XII Admitted LIMIT: IM+Excess IOM ❑ N/A ® Yes ❑ No V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® N/A ❑ Yes ❑ No ® Yes ❑ No Approved: I. 1/6/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach --------------------------------------------------------------------------------------------------------------------------------------------- RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. Executed in duplicate original EXHIBIT D CITY OF NEWPORT BEACH BOND NO. MMC,0029898 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to John S. Meek Company, Inc. hereinafter designated as the "Principal," a contract for the Construction of Emergency Repair of Critical Condition Newport and Balboa Pier Pilings located at Newport Pier and Balboa Pier, 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, SureTec Insurance Company & Argonaut Insurance Company as Co -Sureties duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Seven Thousand Dollars and 001100 ($107,000.00) 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 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. John S. Meek Company, Inc 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 15th day of December , 201b__. John S. Meek Company, Inc. Name of Contractor (Principal) SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (714) 824-8354 Telephone APPROVED AS TO FORM: CITY ATTQRNEY'S OFFICE Date: By: Aaron C. H p 14,17 City Attorney President 1 Authorized Agent Signature Ellen Bell, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED John S. Meek Company, Inc. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif )fni Coun �e _ _} ss. On , 20 before m Notaryu ic, perso ally appeared f"— who proved to me on the basis of satis ory evidence to be the person(s) whose name(R) is/are subscribed to the within instrument and acknowledged to me that he/sPe/they executed the same in his/herr/their authorized capacity(iw), and that by his/her/their signatures(s) on the instrument the person(g), or the entity upon behalf of which the person(e) acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and official seal. Skjaatufle the ws f the State of California that the ANNA LISA PAILA Notary PuDtic • California Los Angeles County Commission 0 2149290 M Comm. 11a 14, 2020 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of )ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that he/s same in his/her/their authorized capacity(ies), and that by his/herltheir instrument the person(s), or the entity upon behalf of which the person(s) instrument. whose name(s) is/are he/they executed the signatures(s) on the acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) John S. Meek Company, Inc. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of OAfTVG E On nre 1 r�2e�s before me, Frances Lefler Notary Public, personally appeared Ellen Bell who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ara subscribed to the within instrument and acknowledged to me that he/she/f tey executed the same in #is/her/their authorized capacity(iee), and that by itis/herAhcir signatures) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal " FRANCES L EFLER� COPOM. # 2150250 X �^ �f� ' -s NOTARY PUBLIC -CALIFORNIA y ZE A/J �( '� <d" '� ORANGE COUNTY `^rF *MY COMM. EXP. APRIL 23, 2020" OPTIONAL Description of attached document. Document Title: Date of Document: Additional Signers Not Named Above: California Mobile Notary Network—www.camnn.com Number of Pages: (Seal) 510610 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas, and the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois, do hereby jointly nominate, constitute and appoint: Melissa Lopez, Christina Johnson, Erik Johansson, Ellen Bell, Frances Lefler Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on thew own behalf, individually as asurety orjointly, as co -sureties, and as their act and deed any and all bonds and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Boards of Directors of SureTec Insurance Company and Argonaut Insurance Company: $30,000,000 "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Argonaut Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company and SureTec Insurance Company have caused their official seals to be hereunto affixed and these presents to he signed by their duly authorized officers on the 9th day of June, 2014. SureTec Insurance Company By: John I oY Ji'.,7 hairman &CEO STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut Insurance Company By Joshua C. Betz, Sr. Vice President On this 9th day of June, 2014 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, and who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, deposed and said that they are the officers of the said Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures m officers were duly affixed and subscribed to the said instrument by the authority and direction of the said corporations, and that Resolutions adopted by the Boards of Directors of said Companies, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. KATHLEEN M MEEKS �yy� NOTARY PUBUC t1-tLu.n -ii. ' ' `,' n STATE OF TEXAS " a MY COMM. EXP. 07-15-2017 (Notary Public) We, the undersigned Officers of SureTec Insurance Company and the Argonaut Insurance Company do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of DEC 1 5 2016 SureTec Insurance Company Argonaut Insurance Company 9V /L.4h " sle-(-A11 --- /4 -- M. -4—M. Brent Beaty, Assistant Secre ary Sarah Heineman, VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE "JOINT POWER OF ATTORNEY" WATERMARK IS VISIBLE IN LIGHT BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (713) 812-0800 (SureTec) or (210) 321-8400 (Argonaut). Executed in duplicate original EXHIBIT E CITY OF NEWPORT BEACH BOND NO. MMC0029898 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1.541.00 , being at the rate of $ 14.40 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to John S. Meek Company, Inc. hereinafter designated as the "Principal," a contract for the Construction of Emergency Repair of Critical Condition Newport and Balboa Pier Pilings located at Newport Pier and Balboa Pier 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 SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Seven Thousand Dollars and 001100 ($107,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. John S. Meek Company, Inc. Page E-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th day of December , 201�4_. John S. Meek Company. Inc. Name of Contractor (Principal) SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (714)824-8354 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (I L5Z 7 By: Aaron C. Harp c MN r -s47 City Attorney President Authorized Agent Signature Ellen Bell, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED John S. Meek Company, Inc. Page E-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali rnia Coun a --z- ss. ` On 20 b 1ore� Notary Public, personally appeared who proved to me on the basis of sati a ory evidence to be the person(,e-) whose namaJs) is/& -6 subscribed to the within instrumen and acknowledged to me that he/skeitt)ey executed the same in his/W/their authorized capacity(iW, and that by his/her/their signatures(s) on the instrument the personal, or the entity upon behalf of which the person(sr) acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ature the laws of the State of California that the ANNA LISA PAILA Nobly Public - camornN Lw AnObkb County Commission • 21149M My Comm. It 0+ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that he/s same in his/her/their authorized capacity(ies), and that by his/her/their instrument the person(s), or the entity upon behalf of which the person(s) instrument. whose name(s) is/are he/they executed the signatures(s) on the acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) John S. Meek Company, Inc. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documem to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ep'tjV6 t On DEC 1 5 2016 before me, Frances Lefler Notary Public, personally appeared Ellen Bell who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/aro subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #is/her/their authorized capacity(-iea), and that by kis/herA4w4 signatures) on the instrument the person(s), or the entity upon behalf of which the personF#) 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 NC "E"E' E' ry L__T M.#2150250n^n/^%�_`Y PUB LIC o_UFORN TyIAr/r tit.--Csc/ NCCOUNTYN. E%P.APP.IL23, 2020 OPTIONAL Description of attached document. Document Title: Date of Document: Additional Signers Not Named Above: California Mobile Notary Network-www.camnn.com Number of Pages: (Seat) 510610 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Hams, Texas, and the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois, do hereby jointly nominate, constitute and appoint: Melissa Lopez, Christina Johnson, Erik Johansson, Ellen Bell, Frances Lefler Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety orjointly, as co -sureties, and as their act and deed any and all bonds and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Boards of Directors of SureTec Insurance Company and Argonaut Insurance Company: $30,000,000 "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of Facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Argonaut Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company and SureTec Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their duly authorized officers on the 9th day of June, 2014. SureTec Insurance Company Ity: Jobu 1 ox JF� hairman & CEO STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut Insurance Company By Joshua C. Betz, Sr. Vice President On this 9th day of June, 2014 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, and who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly swom, deposed and said that they are the officers of the said Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said corporations, and that Resolutions adopted by the Bonds of Directors of said Companies, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. t"F� KATHLEEN M MEEKS NOTARY PUBUC a+�twn r1' `�Yi'Lj ao STATE OF TEXAS '<or.t� MY COMM. EXP. 07-15-2017 (Nomry Public) We, the undersigned Officers of SureTec Insurance Company and the Argonaut Insurance Company do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of DEC 15 2016 SureTec Insurance Company Argonaut Insurance Company 9p lq:�z" ' zN�7- sot a --G---- 14' M. Brent Beaty, Assistant Secretary Sarah Heineman, VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE "JOINT POWER OF ATTORNEY" WATERMARK IS VISIBLE IN LIGHT BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (713) 812-0800 (SureTec) or (210) 321-8400 (Argonaut).