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HomeMy WebLinkAboutC-8188-2 - Balboa Ocean Pier Piles Repairs and Replacement ProjectSeptember 26, 2018 John S. Meek Company, Inc. Attn: John S. Meek 14732 South Maple Avenue Gardena, CA 90248 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov Subject: Balboa Ocean Pier Piles Repairs and Replacement — C-8188-2 Dear Mr. Meek: On September 26, 2017, 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 September 27, 2017 Reference No. 2017000409869. The Surety for the contract is SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties and the bond number is MMC0029903. Enclosed is the Faithful Performance Bond. Sincerely, t Leilani I. Brown, MMC City Clerk Enclosure Executed in duplicate original EXHIBIT B CITY OF NEWPORT BEACH BOND NO.MMC0029903 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $1,603.00 , 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. MeekComoanLtnc. hereinafter designated as the "Principal," a contract consisting of a thorough understanding of the inspection report excerpts prepared by COWI (Marine North America); making the pile repairs; furnishing and installing new pile complete with pile wrap; replacing timber cross bracings and hardware; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and 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 Eleven Thousand Three Hundred and 00/100 Dollars ($111,300.00) 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 event 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 B-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 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 16th day of February 2017 fohn S. Meek Company Inc. Name of Contractor (Principal) SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties Name of Surety 1330 Post Oak Blvd., Suite 1100 Houston, Texas 77056 Address of Surety _(714)824-8354 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7- Z I IT BY: i Aaron C. Harp^-> City Attorney tI horized Signature/Title Authorized Agent Signature Erik Tohansson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED John S. Meek Company, Inc. Page B-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 California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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. (seal) State of California 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) 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 (seal) John S. Meek Company, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Orange ) On FEB 16 2011 before me, E. M. Bell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Erik Johansson Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/NX subscribed to the within instrument and acknowledged to me that he/dWiM executed the same in his;/X% Mauthorized capacity(ies), and that by hisftOMsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. E. M. BELL Q�' COMM. # 2151184 NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY 11 My comm. expires Apr. 29, 202011 Place Notary Seal Above 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 z Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 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: Signer's Name: ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 mid 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 thew 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 or jointly, 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 Ore 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 y- --J Bohn 1 ox oz Jit. hairman &CEO STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut Insurance Company By Joshua C. Betz, Sr. Vice President On Oris 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 Ore 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, cid 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. S�' KATHLEEN M MEEKS NOTARY PUSUC STATE OF TEXAS <o<rt?� MY COMM. EXP. 07-15-2017 �f}-hurl `1'Yi. �Yl'�i.l4kn (Notary Public) We, the undersigned Officers of SureTec Insurance Company mid 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 ofFEB 16 2017 SureTec Insurance Company Argonaut Insurance Company Al 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). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 nia County f o 4 On �% /7 before me, Date personally appeared cL.c_ f%re hqaert Name and Title of tt IIUCL Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/swe/they'executed the same in his/ham/theirauthorized capacity(ies); and that by his/her/theft signature(* on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNA LISA PAILA Notary Public • California 4y Los An"as County n 1WCommhsion ! 2149290 4CW0.=M1y14j020j' Place Notary Seal Above 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 ignature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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: bG"•✓GGA• `✓GV•.✓G�"%G'✓G'✓G'a/i�✓.G'✓G"aG"✓.'t/G'✓ ✓S"✓ti,' t/•1'ei.'"✓GL✓/"✓<'e' -`✓G"`✓ e/4'✓GV�i�e? t/�i�✓ VGLfi, r � ♦ ♦ • • • 1 ♦ • • • . err a err � •r December 4, 2017 John S. Meek Company, Inc. Attn: John S. Meek 14732 South Maple Avenue Gardena, CA 90248 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov Subject: Balboa Ocean Pier Piles Repairs and Replacement C-8188-2 Dear Mr. Meek: On September 26, 2017 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 September 27, 2017, Reference No. 2017000409869. The Surety for the bond is SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties and the bond number is MMC0029903. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilam I. Brown, MMC City Clerk Enclosure Executed in duplicate original EXHIBIT A CITY OF NEWPORT BEACH BOND NO.MMC0029903 Premium: Included in Performance Bond 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 consisting of a thorough understanding of the inspection report excerpts prepared by COWI (Marine North America); making the pile repairs; furnishing and installing new pile complete with pile wrap; replacing timber cross bracings and hardware; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 Eleven Thousand Three Hundred and 00/100 Dollars ($111,300.00) 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 John S. Meek Company, Inc. Page A-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 i6th day Of February 2017 . john S. Meek Company, Inc. Name of Contractor (Principal) SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties Name of Surety 1330 Post Oak Blvd., Suite 1100 Houston. Texas 77056 Address of Surety (714)824-8354 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2173 ZI-1 By: / 9 �— (+d) Aaron C. Harp i� •za 7 City Attorney nature/Title Authorized Agent Signature Erik Johansson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED John S. Meek Company, Inc. Page A-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 California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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 }ss. On 20 before me, Notary Public, personally appeared 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 (seal) John S. Meek Company, Inc. Page A-3 CALIFORNIAr • 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 Orange ) On FEB 1 6 2017 before me, E. M. Bell, Notary Public Date Here Insert Name and Title of the Officer personally appeared Erik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/N[ subscribed to the within instrument and acknowledged to me that he/d6WAW executed the same in his/KOLIMauthorized capacity(ies), and that by hisRVWZMsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ... E. M. BELL ` o COMM. # 2151184 2 NOTARY PUBLIC CALIFORNIA M gg LOS ANGELES COUNTY a !I My comm, expires Apr. 29 2020 It 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. I Signature ! /� t L� Signature of Notary Public Place Notary Seal Above 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 Irerebyjointly nominate, constitute and appoint: Melissa Lopez, Christina Johnson, Erik Johansson, Ellen Bell, Frances Lefler Their true and lawful agent(s) and attomey(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 or jointly, 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 maybe, 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 $y: John ox JY: hatrman & CEO STATE OF TEXAS COUNTY OF HARRIS SS: Argonaut In�surraance 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 Boards of Directors of said Companies, referred to in the preceding instrument is now ht 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. y.K'v KATHLEEN M MEEKS 1 // NOTARY PUBLIC aT`Qti'lI/JX1 H-rI.`n'tutt� STATE OFTEXAS ' � MY COMM. EXP. 0745-2017 (Notary Public) We, the undersigned Officers of SureTec Insurance Company and die Argonaut Insurance Company do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, We 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 FEB 1 6 7017 SureTec Insurance Company Argonaut Insurance Company 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). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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,C liff is ) County f _ 7 oA On VL 17 2017 before me, c6<�rc ate ree Insert Name and Title ofIN6 Officer personally appeared _- OZ0n �• )d Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/dfe subscribed to the within instrument and acknowledged to me that he/shelthep executed the same in his/ty*/their authorized capacity(190, and that by his/hwAhetr signature(s) on the instrument the person(*), or the entity upon behalf of which the person(e) acted, executed the instrument. ANNA LISA PAILA RM Notary PuWlc • CalHornit = Lot Angeles County Commission # 2149290 IICOMM. EXPIMS = 14, 2020 Place Notary Seal Above 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 eqA___ 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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: NO I • 0011 :rr • •r Document -403 5765 -Page- I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11II II II I II 1 1 1 1 1 1 III I I I II NO FEE *$ R 0 0 0 9 5 8 9 9 9 2$* 201700040986910:07 am 09127117 7 SC5 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 John S. Meek Company, Inc., Gardena, California, as Contractor, entered into a Contract on February 20, 2017. Said Contract set forth certain improvements, as follows: Balboa Ocean Pier Piles Repairs and Replacement - C-8188-2 Work on said Contract was completed, and was found to be acceptable on September 26, 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties. BY__0VN7 Public Wooks Directo City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onI, tel/ I / at Newport Beach, California. BY SW City Clerk• r' about:blank 09/27/2017 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 John S. Meek Company, Inc., Gardena, California, as Contractor, entered into a Contract on February 20, 2017. Said Contract set forth certain improvements, as follows: Balboa Ocean Pier Piles Repairs and Replacement - C-8188-2 Work on said Contract was completed, and was found to be acceptable on September 26, 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties. BY V Public Wo4s Directo City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. S"K Executed on Al , ! at Newport Beach, California. CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the Office of the City Clerk 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 12th day of January, 2017, at which time such bids shall be opened and read for BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 $ 120,000 Engineer's Estimate Approve y Mgrk Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/governmenUopen-transparenUontine-services/bids-rfps- vendor-registration City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT...................................................................................................................22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 2 City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed, uploaded 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 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. &. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign bidder. For corporations, the signatures shall be of a corporate officer authorized by the corporation. For partnerships, the signatures shall be of a For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 709151 A, B, HAZ Contractor's License No. & Classification X Author6ed Sion;: 1000002928 U January 11, 2017 DIR Reference Number & Expiration Date Date John S. Meek Company, Inc. Bidder S on behalf of the :)r an individual general partner. City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 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 amount bid ------------------ ----------------------------------- Dollars ($ ---------10%-------j, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT, Contract No. 8188-2 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 5th day of January Y01 John S. Meek Company, Inc. Name of Contractor (Principal) SureTec Insurance Company Name of Surety 3033 5th Avenue, Ste. 300 San Diego, CA 92103 Address of Surety (800) 288-0351 Telephone 0 President Signature/ I itie Authorized Agent Signature Erik Johansson, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Orange } On JAN 0 5 20V before me, Frances Lefler - Notary Public, Date personally appeared Erik Johansson (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose nameH is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefA4eir authorized capacity(iac.), and that by his(het4dwk signature( -k) 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. -------------- N-gEpiu���.,o's FRANCES LEFLER COMM. # 2150250 X NOTARY PUBLIC-CAUFORNIA Z1 ORANGE COUNTY MY COMM. ECP. APRIL23,2020N Signature:- ✓al l /9I d�� (Seal) Description of Attached Document Title or Type of Document: Document Date: Other: X1200W ".A Number of Pages: POA#: 510610 SureTec Insurance Company LEMTED POWER OF ATTORNEY Snow All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Christina Johnson, Melissa Lopez, Ellen Bell, Frances Lefler, Erik Johansson its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment shall continue in force until o5/ia/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'a of April, 1999) In Wmess Whereof, SURETEC INSURANCE COMPANY has caused these presents t0 be signed by its President, and its corporate seal to be hereto affixed this lath day of July , A.D. 2016 Su an o� SURETEC INSURANCE COMPANY (eilll�tl q 3a By: 6 z" John I ox Jr: resident State of Texas ss: 7�,� 1 .r County of Harris -••^ On this 28th day of July , A.D. tote before me personally came Sohn Knox Jr., to roe (mown, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MAIDONADONotary PublicState of Texas My Comm. Exp. 5/18/2017 IS Jacq elyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. JAN 017 N 0 C 2 Given under my hand and the seal of said Company at Houston, Texas this day of JI; A.D. Bredt Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. �ZALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Calilbn' ) County of 4 On // ,20/7 before me, Date ,/ j ?;axIert Name and Title a Officer personally appeared T/�l(� / . Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(* -whose name(&)r is/are subscribed to the within instrument and acknowledged to me that he/gqe/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature(*) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNA LISA PAILA Notary Public - California Z :4 Los Angeles County i Commission M 2149290 M Comm. Ex ires Ma 14, 2020 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. Signatures — I Signature of Notary Public Place Notary Seal Above 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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: ✓.`:.' dG'�'/ d4'ei4'v '✓✓4'a '✓ uG��✓GL.✓4'✓'d ✓L��Y '!/G'N r . . • . . irr � irr � �e State of California County of On Public, personally appeared ACKNOWLEDGMENT ss. before me, Notary VVI IV 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. nature (seal) 1.....•...............Y........e..............................................1 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 0. Thumbprint of Signer ❑ Check here If no thumbprint or fingerprint is available. ACKNOWLEDGMENT ..................................... Y.................0...........0.....0..... State of California County of I ss. On before me, Public, personally appeared Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ..............................................................................1 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 W itness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Thumbprint of Signer ❑ Check here If no thumbpdnt or fingerprint is available. City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 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: Address: v Phone: Iv State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address John S. Meek Company, Inc. /1� President Bidder Authorized Signature/Title City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name John S. Meek Company, Inc. 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 $100,000, provide the following information: No. t Project Name/Number Newport Beach Pier Emergency Pile Project Description Pile Approximate Construction Dates: From 12/2016 Agency Name Newport Beach Contact Person Fong Tse 12/2016 Telephone (949) 644-3311 Original Contract Amount $,22,000 Final Contract Amount $ 92.000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No 9 No. 2 Project Name/Number_ Barstow Street Retainng Wall Project Description Retaining Wall Approximate Construction Dates: From 5/2016 To: 11/2016 Agency Name City of Los Angeles Contact Person Public Works Department Telephone (213) 847-0494 Original Contract Amount $ 134,000 Final Contract Amount $ 134,000 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims agailnvstt you/Contractor? If yes, briefly explain and indicate outcome of claims. o No. 3 Project Name/Number Bridge 217.32 Project Description Bridge Repair Approximate Construction Dates: From 7/2016 Agency Name NCTD To: 10/2016 Contact Person Zara Sadeghian Telephone (760) 966-6682 Original Contract Amount $ 278,000 Final Contract Amount $ 300,000 If final amount is different from original, please explain (change orders, extra work, etc.) Lead abatement added 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 10 No. 4 Project Name/Number Pile Repairs Santa Monica Pier Project Description Pile Repairs Approximate Construction Dates: From 312016 Agency Name City of Santa Monica Contact Person Selim Erem To: 6/2016 Telephone (310)458-8127 Original Contract Amount $ 169,000 Final Contract Amount $ 169,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Newport Harbor Patrol HO Marine Ways Project Description Marine Ways Repair Approximate Construction Dates: From 4/2016 T 2/2017 Agency Name County of Orange Contact Person Public Works Department Telephone (714)667-3261 Original Contract Amount $ 339,000 Final Contract Amount $ 339,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 6 Project Name/Number Park Avenue Project Description Bridge Replacement Approximate Construction Dates: From 3/2016 Agency Name City of Newport Beach 5/2017 Contact Person Fong Tse Telephone {9481 644-3311 Original Contract Amount $ 6.31VI Final Contract Amount $_6.3M If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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 Contractor's urrent financial conditions. John S. Meek Company, Inc. President Bidder Authorized ignatureffitle 12 No. 7 Project Name/Number Lecco Lane Bulkhead Project Description Retaining Wall Approximate Construction Dates: From Agency Name City of Los Angeles Contact Person Jose Beristain 3/2016 10/2016 Telephone ( 213) 847.0478 Original Contract Amount 5 266,000 Final Contract Amount $ 266=000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 8 Project Name/Number Promenade Emergency Revetment Repair Project Description Rock Revetment Approximate Construction Dates: From Agency Name City of Ventura 1/2016 2/2016 Contact Person Betsy Cooper Telephone (80`.;t 654-7800 Original Contract Amount S 382,320 Final Contract Amount $ 382,320 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. No. 9 Project Name/Number Project Description Mulholland Drive Bulkhead Retaining Wall Approximate Construction Dates: From 1/2016 _To; 1012016 Agency Name City of Los Angeles Contact Person Public Works Department Telephone ( 213) 978-0262 Original Contract Amount S 137,000 Final Contract Amount $ 137=000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 10 Project Name/Number Ventura Pier Project Description Repair Storm Damaged Pier Approximate Construction Dates: From 11/2015 Agency Name Contact Person of Ventura Keith Fowler To: 5/2016 Telephone (801 652-4596 Original Contract Amount 51,260,OOO17inal Contract Amount $-1,260,00O _ 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. No No. 11 Project Name/Number Project Description Santa Ana River Reach 9 Phase 5A River Flood Walls Approximate Construction Dates: From 11/2015 To: 12/2018 Agency Name USACE Contact Person Lulu Khilfeh Telephone ( 213) 452-3308 20,148,000 20 148,000 Original Contract Amount S Final Contract Amount $___ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 12 Project Name/Number Santa Monica Pier Bollard Project Description Installl Bollards Approximate Construction Dates: From Agency Name Contact Person of Santa Monica Zach Pollard 8/2015 4/2016 Telephone (310 458-8726 Original Contract Amount S 234,000 Final Contract Amount $ 234,000 _ 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. No No. 13 Project Name/Number Lost Canyon Bridge Widening Project Description Widen Bridge Approximate Construction Dates: From 8/2015 Agency Name Contact Person of Santa Clarita James To: 8/2016 Telephone (661 259-2489 Original Contract Amount S 979,000 Final Contract Amount $ 979,000 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. No No. 14 Project Name/Number Huntington Beach & Talbert Channels Project Description Debris Boom Approximate Construction Dates: From 7/2015 Agency Name Orange County Public Works Contact Person Octavio Rivas 5/2016 Telephone (714 245-4520 Original Contract Amount S 541,000 Final Contract Amount $ 541,000 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. No No. 15 Project Name/Number Berm Repair Project Description Repair Asphalt Berm Approximate Construction Dates: From Agency Name City of Los Angeles 6/2015 To: 8/2015 Contact Person Gene Edwards Telephone ( 213 978-0261 Original Contract Amount S 299,900 Final Contract Amount $ 299_900 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 16 Project Name/Number Lavelle Drive Project Description Bulkhead Replacement Approximate Construction Dates: From 6/2015 To: 1/2016 Agency Name City of Los Angeles Contact Person Gene Edwards Telephone (213978-0261 Original Contract Amount S 244,000 Final Contract Amount $ 244,000 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. No. 17 Project Name/Number Sidewalk Repair #9 Project Description Replace Sidewalks Approximate Construction Dates: From 4/2015 Agency Name City of Los Angeles Contact Person Carter Cox 7/2015 Telephone ( 714 730-2300 Original Contract Amount S 778.,000 Final Contract Amount $ 900,000 If final amount is different from original, please explain (change orders, extra work, etc.) Increased quantities 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 No. 18 Project Name/Number Project Description Sun Vallev EDA Streets & Sidewalks Approximate Construction Dates: From Agency Name City of Los Angeles Contact Person Carlos De La Fuente 3/2015 6/2016 Telephone (213 485-4557 Original Contract Amount 54,400,00q inal Contract Amount $_±,300.00O If final amount is different from original, please explain (change orders, extra work, etc.) Decreased Quantity 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. M No. 19 Project Name/Number White Point Landslide Repair Project Description Repair Hillside Approximate Construction Dates: From 3/2015 To: 5/2016 Agency Name City of Los Angeles Contact Person Gene Edwards Telephone ( 213 978-0262 Original Contract Amount S 720.,000 Final Contract Amount $ 720,000 If final aN/oAunt 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. No No. 20 Project Name/Number Crescent Drive at Wonderland Project Description Replace Bulkhead Approximate Construction Dates: From Agency Name City of Los Angeles 11/2014 6/2015 Contact Person Craig Kunesh Telephone (213 978-0262 Original Contract Amount S 538,304 Final Contract Amount $ 499,282 If final amount is different from original, please explain (change orders, extra work, etc.) Decreased Quantity 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 No. 21 Project Name/Number Kingsbridge Way Wall Repairs Project Description Seawall Repair Approximate Construction Dates: From 9/2014 To: 11/2015 Agency Name City of Oxnard Contact Person Raymond Williams Telephone ( 805) 385-7902 Original Contract Amount S 993,000 Final Contract Amount $ 981,000 If final amount is different from original, please explain (change orders, extra work, etc.) Decreased Quantity 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 No. 22 Project Name/Number Warner Avenue Project Description Bridge Repair Approximate Construction Dates: From 8/2014 To: 5/2015 Agency Name City of Huntington Beach Contact Person Dave Verone Telephone (714 375-8471 Original Contract Amount S 684,000 Final Contract Amount $ 697,000 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. No. 23 Project Name/Number Pier F Berth 209 Project Description Replace Fenders Approximate Construction Dates: From 12/2013 To: 5/2016 Agency Name Port of Long Beach Contact Person Raymond Chue Telephone ( 562 283-7253 Original Contract Amount S 2,676,00¢inal Contract Amount $ 2,676,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 24 Project Name/Number Dock 10 Project Description Dock Replacement Approximate Construction Dates: From Agency Name City of Long Beach Contact Person Anneke Van Gelder 12/2013 To: 2/2015 Telephone (567 570-6698 Original Contract Amount S2,244,00¢inal Contract Amount $_2526,000 If final amount is different from original, please explain (change orders, extra work, etc.) Underwater electrical line was unlocateable and delayed project Did you file any claims against the Agency? Did the Agency file any claims against youlContractor? If yes, briefly explain and indicate outcome of claims. No No, 25 Project Name/Number East Fork over North Folk & East Fork over East Folk Project Description Bridge Repairs Approximate Construction Dates: From 11/2013 To: 412016 Agency Name County of Los Angeles Contact Person Jose Pou Telephone ( 626 458-2191 Original Contract Amount 52,4 99,000Final Contract Amount $ 2,600,000 If final amount is different from original, please explain (change orders, extra work, etc.) Delays by Forest Service 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 No. Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone Original Contract Amount S 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. John S. Meek Company Inc. Resume of Site Superintendent / Site Safety and Health Officer Joe Carrico Joe Carrico has been a Foreman and site supervisor for John S. Meek Company for the past 10 years. He specializes in piers, wharfs and other marine projects including timber and concrete construction. The following is an abbreviated list of pier projects that he has supervised: Project/Owner Description of Work U.S. Navy Supervisor and SSHO for US Navy project to repair Small Boat Pier 309 at Seal Beach Naval Weapons Station. Repair and wrap timber piles. Drive new concrete piles. Demo out old fender system and install new fenders stem. Ocean Pier Repairs Crew foreman responsible for repairs of the Newport City of Newport Beach and Balboa Piers in 2001/2002. Supervised crews working on timber repairs and concrete deck installation. Wharf Repairs Site supervisor responsible for performing timber US Borax, Wilmington repairs to wharf including pile, stringer and cap repairs. Pier Repairs Crew foreman responsible for strengthening the Santa City of Santa Monica Monica Pier and performing additional repairs to the deck, stringers and pile caps. Berth 118-119 Wharf Crew foreman / site supervisor responsible for major Repair repairs to Kinder Morgan fueling terminal wharf. Work Port of Los Angeles included pile repairs using jacket and epoxy method, replacement of caps, stringer and deck and repair of various wharf structures. Berth 142-143 Wharf Site supervisor responsible for rehabilitation of Rehabilitation concrete wharf. The work included installation of steel Port of Los Angeles jackets and rebuilding of concrete piles, shotcrete and epoxy injection on the concrete wharf and other miscellaneous concrete repairs. BP Boat Launch Ramp Site supervisor responsible for the installation of a new Dominguez Channel boat launch ramp and containment boom anchors for BP Pi elines. Broadway Pier Crew foreman in charge of tide work shift for under pier strengthening and repairs. In addition Joe Carrico has the following professional training: • First Aid Certified • CPR Certified • Telescopic Crane Certified • Refinery Safety • Railroad Safety (Various) . Excavation Competent Person • SSHO 30 0 OSHA 30 City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles) John S. Meek being first duly sworn, deposes and says that he or she is President of John S. Meek Company, Inc. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws ofa State f Calif rnia that the regoing Is true and correct. John S. Meek Company, Inc. _ President Bidder Auth6rized Signature/Title Subscribed and sworn to (or affirmed) efore me on this day of 2017 by , proved to me on the basis of satisfactory evidence to be the person(s) 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. [SEAL] 13 Notary Public My Commission Expires: CALIFORNIA• r •a 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 Califor ) County G ) On 440 # -2017 before me, Date personally appeared Name and Title of Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(W-whose name(sris/are subscribed to the within instrument and acknowledged to me that he/swthwrexecuted the same in his/her/their authorized capacity(iea), and that by his/her/their signature(a)-on the instrument the person(s), or the entity upon behalf of which the person(a)-acted, executed the instrument. ANNA LISA PAILA Notary Public - Caltlornia Z . Los Angeks County Commission • 2149290 My Comm. E= MS 14, 2020+ Place Notary Seal Above 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 Si nature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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 F7 Other, Signer Is Representing: ,1Y-•-YS'Y '✓ YGY✓G-YS'✓'Y YG'Y 'Y YSCM YSVG'✓ YG'Y�'YG��v--� YS\ O 1 � r � � � r • � :11 • :11 '1 City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 DESIGNATION OF SURETIES Bidder's name John S. Meek Company, Inc. 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): Broker for Insurance: Venbrook Insurance Services 6320 Canoga Avenue, 12th Floor, Woodland Hills CA 91367 (818) 598-8941 Broker for Bonds: Performance Bonding Surety & Insurance Brokerage, L.P. 15901 Red Hill Avenue, Suite 100, Tustin, CA 92780 (714) 505-7011 Surety: SureTec Insurance Co. & Agronaut Insurance Company as Co -Sureties 3033 5th Avenue, Suite 300, San Diego CA 92103 (800) 288-0351 14 City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name John S. Meek Company, Inc. 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 2016 2015 2014 2013 2012 Total 2017 No. of contracts 65 83 42 40 52 57 339 Total dollar Amount of Contracts (in Thousands of $) $32M $22M $20M $16M $14M $13M $117M No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 3 0 2 1 2 1 9 No. of lost workday cases involving permanent transfer to another job or termination of employment 0 0 0 0 0 0 0 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 John S. Meek Company, _nc. Business Address: 14732 So. Maple ve., ar ena UA 90248 Business Tel. No. State Contractor's License No. and Classification: (310) 830-6323 709151 A,B,Haz Title President 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. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Califorpja _.O• , Countyror���/��, On ZO before me, ate personally appeared a Name and Title of i Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/s61e/the5 executed the same in his/her/thdfr authorized capacity(ies), and that by his/ftef/thdir signature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNA LISA PAILA Notary Public - California Los Angeles County = Z Commission ♦ 2149290 My Comm. E fres May 14.2020t 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 Signature of Notary Public Place Notary Seal Above 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Clai Td by Sin s) Signer's Name: iii$: �• Signer's Name: IT'Corporate Off ic4( — Title(s): le Corporate Oftw6r — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: <sSignerIs Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8988-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name John S. Meek Company, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 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: John S. Meek Company, Inc. Business Address: 14732 So. Maple Avenue, Gardena CA 90248 Telephone and Fax Number: (310) 830-6323 Fax (310) 835-2163 California State Contractor's License No. and Class: 709151 A, B, HAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: 07/05/1995 Expiration Date: 07/31/2017 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: Josh Jilk, Project Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone John S. Meek, President 14732 So. Maple Avenue, Gardena CA 90248 ( 310 )830-6323 Corporation organized under the laws of the State of California m The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NIA All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. NIA For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes t No 19 Are any claims or actions unresolved or outstanding? Ye / 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. John S. Meek (Print name of Owner or Pres of Corporation/Com any) .lce� �S. Meek Corpany, Ine. Bidder AdfHoriMl Sirmf5rtnrArrif1p. sident Title January 11, 2017 Date 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/shelthey 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. (SEAL) Notary Public in and for said State My Commission Expires: 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 clIl" On2017 before me, L / / —Date personally appeared and Title of Names) of Signer(s) Officer who proved to me on the basis of satisfactory evidence to be the person(sr whose name(e is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(*acted, executed the instrument. ANNA LISA PAILA Notary Public - Calilornia Z :r; Los Angeles County i T Commission N 2149290 My Comm. Expires Ma 14, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature gnature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney 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: ✓4' dG'd +/4"+/ +/G'+✓ yG'+�Gv City of Newport Beach BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT PROJECT Contract No. 8188-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key 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 BALBOA OCEAN PIER PILES REPAIRS AND REPLACEMENT CONTRACT NO. 8188-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 20th day of February, 2017 ("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 address 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 has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of a thorough understanding of the inspection report excerpts prepared by COWI (Marine North America); making the pile repairs; furnishing and installing new pile complete with pile wrap; replacing timber cross bracings and hardware; and other incidental items of work (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8188-2, 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. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eleven Thousand Three Hundred and 00/100 Dollars ($111,300.00). 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. 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 Jeremiah 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. 5. 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 Work to be rendered pursuant to this Contract. 6. 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 John S. Meek Company, Inc. Page 2 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.). 7. WRITTEN NOTICE 7.1 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 business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 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 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: John S. Meek John S. Meek Company, Inc. 14732 South Maple Avenue Gardena, CA 90248 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. John S. Meek Company, Inc. Page 3 9. BONDING 9.1 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 B 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 A and incorporated herein by reference. 9.2 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. 9.3 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. 10. 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 the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or John S. Meek Company, Inc. Page 4 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 cotenant 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. 14. PREVAILING WAGES 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 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 and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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, John S. Meek Company, Inc. Page 5 obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence orwillful 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. 16.5 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. 16.6 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. 16.7 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. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. John S. Meek Company, Inc. Page 6 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 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. 17.3 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. 18. CONFLICTS OF INTEREST 18.1 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. 18.2 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. 19. TERMINATION 19.1 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. 19.2 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. John S. Meek Company, Inc. Page 7 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 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. 20.3 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. 20.4 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. 20.5 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. 20.6 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. 20.7 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. 20.8 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. 20.9 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. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. John S. Meek Company, Inc. Page 8 20.11 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 (1) and the same instrument. 21. 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. 22. 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. 23. 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] John S. Meek Company, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'§ OFFICE a California municipal corporation Date: Z zf 117 Date: 3u1---4 By: 1.4,) By: Aaron C. pk y$ Dave iff City Attorney City Manager ATTEST: CONTRACTOR: John S. Meek Company, Date: v? 7 a California corporation Date: ` Signed in Counterpart By: By: Leilani I. Brown John S. Meek City Clerk President/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements John S. Meek Company, Inc. Page 10 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 ATTORN Y' OFFICE Date: 7 2S 17 M Aaron C. Hof City Attorney ATTEST: Date: By: Leilani I. E City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: �) By: Dave Kiff City Manager CONTRACTOR: John S. Meek Company, a California corporation Date: March 2, 2017 , S. Meek dent/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements John S. Meek Company, Inc. Page 10 Executed in duplicate original EXHIBIT A CITY OF NEWPORT BEACH BOND NO.MMC0029903 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Iohns.MeekComoany,Inc. hereinafter designated as the "Principal," a contract consisting of a thorough understanding of the inspection report excerpts prepared by COWI (Marine North America); making the pile repairs; furnishing and installing new pile complete with pile wrap; replacing timber cross bracings and hardware; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 Eleven Thousand Three Hundred and 00/100 Dollars ($111,300.00) 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 John S. Meek Company, Inc. Page A-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 16th day of February , 2017 John S. Meek Company, Inc. Name of Contractor (Principal) SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties Name of Surety 1330 Post Oak Blvd., Suite 1100 Houston. Texas 77056 Address of Surety (714)824-8354 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7,171111 By, f— (40 Aaron C. Harp w City Attorney �Z Authorized Agent Signature Erik Johansson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED John S. Meek Company, Inc. Page A-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 California County of 1 ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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 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. (seal) State of California 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) 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. 1 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. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Orange ) On FEB 16 2011 before me, _ Date personally appeared E. M. Bell, Notary Public Here Insert Name and Title of the Officer Erik Johansson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/NX subscribed to the within instrument and acknowledged to me that he/db( executed the same in his/j{authorized capacity(ies), and that by his/lKsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , E. M. BELL ` oCOMM. # 2151164 g ' NOTARY PUBLIC CALIFORNIA o LOS ANGELES COUNTY ro 1l My comm, expires Apr. 29, 2020 Ic �m I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handandofficial seal. Signature 't, Signature of Notary Public Place Notary Seal Above 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited D General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual L Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 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 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 xy: John I ox Je.. 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 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 yen first above written. KATHLEEN M MEEKS NOTARY PUSUC+JZUut `rrI •i1- Ao STATE OFTEXAS eor Ny MY COMM. EXP. 07-15-7017 (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 FEB 1 U 7017 SureTec Insurance Company Argonaut Insurance Company ry Brent Beaty, Assistant Seere 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). �ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE a<.a .a .ata�.a .a a c4La .ate ata a aLa .ate .a .at w a .aL.a .a at.a . 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. Stateof C [if is ) Cou�(nty�� A On VL /7 2*10/7 before me, --F 'Pl ate sre Insert Name and Title of a Officer personally appeared ° / z�` :L Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(sr whose name(s) is/8fe subscribed to the within instrument and acknowledged to me that he/shethey executed the same in his/ber/thctr authorized capacity(io, and that by his/hswAherr signature(s) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. ANNA LISA PAILA Notary Public -California = y Los Angeles County ; = Commission x 2149290 ' M Comm. Ez ires May 14, 2020 ------------ 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 r I Signature of Notary Public Place Notary Seal Above 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney 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: ✓<'v' b4�5✓'✓4'" ✓4'✓'✓ �'4'+/'✓ �/S'L4V ✓SLy,• '✓4 "✓'v u4V•t✓ '✓4`.4' Executed in duplicate original EXHIBIT B CITY OF NEWPORT BEACH BOND NO.MMC0029903 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $1.603.00 , 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 Iohn S. Meek Company, inc. hereinafter designated as the "Principal," a contract consisting of a thorough understanding of the inspection report excerpts prepared by COWI (Marine North America); making the pile repairs; furnishing and installing new pile complete with pile wrap; replacing timber cross bracings and hardware; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and 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 Eleven Thousand Three Hundred and 00/100 Dollars ($111,300.00) 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 specked, 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 event 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 B-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 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 16th day of February ,2017 . John S. Meek Company, Inc. Name of Contractor (Principal) SureTec Insurance Company & Argonaut Insurance Company, as Co -Sureties Name of Surety 1330 Post Oak Blvd., Suite 1100 Houston. Texas 77056 Address of Surety (714) 824-8354 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,-41�- (�Co Aaron C. Harp n d 11 it City Attorney Signaturefritle Aut�ed Agent Signature Erik Johansson. Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED John S. Meek Company, Inc. Page B-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 California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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 )Ss. On 20 before me, Notary Public, personally appeared 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 (seal) John S. Meek Company, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Orange ) On FEB 1 6 2017 before me, Date personally appeared E. M. Bell, Notary Public Here Insert Name and Title of the Officer Erik Johansson Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/KX subscribed to the within instrument and acknowledged to me that he/W executed the same in his/X$ j{authorized capacity(ies), and that by his/DOOMsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LeeE. M. BELL :ENOTARY PUBLIC CALIFORNIA g 3 LOS ANGELES COUNTY No 'I My comm. expires Apr. 29, 2020 t 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 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 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 Signer's Name: ❑ Corporate Officer — Title(s): —i Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact =I Trustee ❑ Guardian or Conservator Other: Signer Is Representing: O 6 as. • • • • • • . :11 • :II - •1 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 their own behalf, individually as a surety orjointly, w 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 xy: John ox Je. 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 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. yo-' KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS 'ror` • MY COMM. EXP.07-15-2017 l"w'n -M. qyi ,U -k* (Noiary 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. c +] IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day ofrCr G6 16 2017 SureTec Insurance Company Argonaut Insurance Company ry Brent Beaty, Assistant Sere 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). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 nia County f d On « before me, ate / �_ P personally appeared Xehqjert Name and Title of it Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(* is/are subscribed to the within instrument and acknowledged to me that he/sht;/they executed the same in his/her/theirauthorized capacity(ies); and that by his/her/their signature(* on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. ANNA LISA PAILA Notary Public • CalHornia = Los Anpalas Counly z = Commission ar 2149290 '— My Comm. Expires May 14, 2020 Place Notary Seal Above 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 -6j ignature 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F_ 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: @2014 • • -Associationwww.NationaiNotary.org 1-800-US(1-800-876-6827)90 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 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. This policy shall also include an endorsement for Federal Acts including Longshore and Harbor Workers' Compensation Act. 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 five million dollars ($5,000,000) per occurrence, ten million dollars ($10,000,000) general aggregate and ten million dollars ($10,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed John S. Meek Company, Inc. Page C-1 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. D. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • 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, 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 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 John S. Meek Company, Inc. Page C-2 City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 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. 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 20380413. 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 that policies of insurance required herein expiring during the term of this John S. Meek Company, Inc. Page C-4 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: 2/27/17 Dept./Contact Received From: Raymund Date Completed: 3/21/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: John S. Meek Company, Inc. Type of contract: Public Works 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 1/1/17-1/1/18 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+ IOM Excess E. ADDITIONAL INSURED ENDORSEMENT — please attach IQ Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ Yes ®No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ❑ Yes ®No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® 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 ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 1/1/17-1/1/18 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? ® 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? 1M E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/17-111/18 A. INSURANCE COMPANY: StarStoneNational 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) 11M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® NIA ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 3/21/17 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No 0 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: Umbrella Policy - Eff 1/1/17-1/1/18 Carrier Endurance American Ins Co. Non Admitted Limit: $10M Approved: Risk Management Date * Subject to the terms of the contract. PR 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA OCEAN PIER PILES REPAIRS AND REPLACMENT PROJECT CONTRACT NO. 8188-2 To The Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 82660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, 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. 8188.2 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: I r -1v1 Wurvv i i i r I I tM Ut6URIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization @TH r�4 EiSk+ Tko�S< ( Dollars and �u Ze ro Cents $ � H , DU J Per Lump Sum Lump Sum Repair Pile Section @ �15kKCn i ti� s��d- P4 ""V"Dollars and [A Cents $` ( , J�GiC) Per Lump Sum 3. Lump Sum Remove and Dispose of Balboa Pier Pile No. 38-D Stub &L,'i Dollars and $ U() 0j Cents I Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Furnish and Install New Piling @ -N n4 rtio a4 ( . �isk+�uDollars I� Ze ru and Cents Per Lump Sum Lump Sum Replace Existing Bent No. 38 Cross Bracings @ Sra� v< , Tt1� (. lr-ed Dollars and Ze r0 Cents $ 'uv Per Lump Sum Lump Sum Progress Photos and As -Built Dollars and Z er) ro Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS D" Ire,4 - cLLv! , jy„,s, , - 7kr1-4 12-1-�4 Dollars and 2Q (u Cents January 11, 2017 Date (310) 830-6323 Fax (310) 835-2163 Bidder's Telephone and Fax Numbers 709151 A,B,Haz Bidder's License No(s). and Classification(s) Total Price (Figures) John S. Meek Company,Inc. bidder der's Authorized Signature and Title 14732 So. Maple Ave., Gardena CA 90248 Bidder's Address Bidder's email address: jeremiah@johnsmeek.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1) _gip' SPECIAL PROVISIONS mIFaiu CONTRACT NO. 8188-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Exhibits; (3) the Inspection Report Excerpts; (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2009 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 vwvw.bnibooks.com. 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 a thorough understanding of the inspection report excerpts prepared by COWI (Marine North America); making the pile repairs; furnishing and installing new pile complete with pile wrap; replacing timber cross bracings and hardware; and other incidental items of work." 2-12 BACKGROUND INFORMATION 2-12.1 Previous Investigations. A pier inspection report was prepared by COWI (Marine North America) in the Fall of 2016. Said Inspection idenified one existing pile with a reduced X -section and a pile that was preventively removed a few months ago. The Report excerpts for these items are included herein. Page 1 of 10 2-12.2 Ocean Conditions The Contractor is advised that the project is 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. 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 agreed 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, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Page 2 of 10 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 City, at its discretion, may source inspect the pile to be installed for this project. Additionally, the Engineer may 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 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated 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 City recognizes the new piling procurement lead time could be substantial. Therefore, the contractor is allowed ten (10) working days from the date of the Notice To Proceed, excluding the pile procurement and delivery time, to complete all of the field construction work at the Pier. 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." Page 3 of 10 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 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241H (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mori ft is a holiday. If January 1St July 4tH November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 AM to 3:30 PM, 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 AM to 6:00 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 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 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 Page 4 of 10 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. 7-8 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 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." 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The total of all vehicle loads at one time 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 an 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 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." 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 deck must be maintained at all times. The Contractor shall Page 5 of 10 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. The pier is 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 uses." 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 barricading the pier or other work areas to the Engineer for approval. 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 pier 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. Page 6 of 10 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. At ten working days and forty- eight hours prior to starting work, the Contractor shall deliver a construction notice the business at the end of the Pier, describing the project and indicating the limits of construction. The City will provide the Notice. 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. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this Item shall include all of the costs in providing bonds, insurance and financing, construction scheduling, bidding, preconstruction meeting, bringing equipment and material onsite, and all other related work as required by the Contract Documents. Page 7 of 10 Item No. 2 Repair Pile Section: Work under this Item shall include all of the costs in providing the equipment, materials, and labor to making repairs to repair Balboa Pier Pile No. 45-G to restore the pile to full bearing function per these Specifications and Drawing and install a minimum 14' section of new pile wrap. Item No. 3 Remove and Dispose of Balboa Pier Pile No. 38-D Stub: Work under this Item shall include all of the costs in providing the equipment, materials, and labor to cut the existing pile stub at 2 -feet below mudline and dispose of same. Item No. 4 Furnish and Install New Piling: Work under this Item shall include all of the costs in providing the equipment, materials, and labor to furnish and install the pressure treated and preserved piling complete with overlapping pile wrapping from elevation +8.00 to 2 -feet below mudline with a minimum 25' embedment and minimum 20 -ton bearing capacity at approximately the same location as the buried pile stub. Item No. 5 Replace Existing Bent No. 38 Cross Bracings: Work under this Item shall include all of the costs in providing the equipment, materials, and labor to remove both existing Bent No. 38 timber bracings; install two new 4" X 8" X 26' pressure treated timber bracings; attach new bracings at all pilings with Type -318 stainless steel hardware; fill voids at bolt through holes on the existing piles with marine grade epoxy; and tighten all existing Bent No. 38 below -deck hardware. Item No. 6 Progress Photos and As -Built: 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. 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." PART 2 CONSTRUCTION MATERIALS SECTION 205 --- PILES 205-1 TIMBER PILES 206-1.4 Balboa Pier Piling No. 38-D The piling to be furnished and installed shall be pressure treated with preservatives with a minimum 16 -inch butt diameter and is at least 70' long from butt to tip. Page 8 of 10 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 Type 318 stainless steel. Galvanized components are permitted only when their stainless steel counterparts are not 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 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 cross bracings; drilling holes; fabricating metal items for connection of associated timber work to existing and new cross bracings; 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." 305-2.2 Materials. Add to this Section, "All new and replacement timber and lumber material shall be Pacific Coast Douglas Fir, Number 1 or better and shall conform to Sections 204-1.1.2 and 204-1.3.1 and pressured 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. All hardware unless otherwise noted: 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. Page 9 of 10 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. 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. 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 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. F. The installed new piling shall be driven to bear a minimum 20 Tons. Page 10 of 10 LYS J Ocean Piers Maintenance Inspection Report; Balboa Pier 2096 5.1 Immediate repairs 1. Piles 38-D and 45-G should be repaired on an immediate basis to restore capacity to the pier. The recommended repair for pile 48-G is a structural encasement which extends from approximately 1 foot below the timber diagonal bracing to approximately 2 feet below the existing mudline. The encasement will comprise fiberglass formwork around longitudinal reinforcing steel, confined by welded ,vire reinforcement, which will be encased in concrete, Pile 38-D could be roplaced or could have a new section of pile spliced -on naar t!ie mudline with a structural connection. The pile cap at this locaiian wi!I need to be repaired as well. 1 . 0 5.2 Priority repairs p 1. Broken diagonal bracing wild 6e repaired. 2. Verticel diagoia braci"hLI Dg! st with Major or Severe corrosion should be replaced with stainless steel bolts. 3. Pile to cap connection plates with Major or Severe corrosion should be replaced with galvanized steel angles similar to the Type 3 connection shown in section 4.2.6. 4. Installation of grout encapsulations at all piles without pile wraps is recommended (31 locations). Since these piles have been exposed to the marine environment for an extended period of time, installation of grout encapsulation will provide the longest life span, while ensuring that any existing marine borer presence will be arrested. An alternative repair approach, which would provide cost savings but with a shorter repair lifespan, is to utilize pile wraps rather than grout encapsulations. Both grout encapsulations and pile wraps prices have been provided in Section 7.2, below. 5. At Pile 38-B, where the wrap does not extend into the mudline and does not extend above the MHW line, the existing pile wrap should be removed 26 cowl Ocean Piers Maintenance Inspection Report; Balboa Pier 2016 4.3 Underwater 4.3.1 Piles. The structural timber piles supporting the Newport Pier are in Fair condition due to overall Minor to Moderate observed conditions with two isolated areas of Severe deterioration. Typical observations include missing wraps and wrap segments, exposed timber piles at the mudline, failed flexible marine pile wrap hardware. At pile 45-G, the pile wrap is torn open in the tidal zone and has exposed the timber pile to the marine environment (Photo 46). As a result of this exposure, marine borer (Limnoria) deterioration has ;esulted in 60 to 70 percent section loss (Photo 47), t Pile 38-D was damaged and hang!ng from the 'piie cap connection and was removed by the City in 2016 (Photo 481. 1 he grout encapsulation, which extended from the l iii mudline up approximately 8 ft, was -,not removed and is in place. At the top of the encapsulation stub a small portl�to�the timber pile is visible, and significant section loss due to mari:ie borer (L( mnoria) deterioration is visible (Photo 49). Photo 46 - Tear in wrap at pile 45-G. Photo 47 -Severe section loss due to marine borer (Limnoria) deterioration at pile 45-G. 23 COWL Ocean Piers Maintenance Inspection Report; Balboa Pier 2016 Photo 48 - Removed timber pile at 38-D. rnoto 49 - Remaining pile stub with visible section loss due to marine borer (Limnoria) deterioration at pile 38-D. The remaining observed cor,d;tions are f�p�i�rate, and have not resulted in significant section loss or heavy mar ne bornfestation. However, it should be noted that these conditions, if ;eft un&6&,�d, could ultimately result in section loss, and potentially expensive rehabilit�tiorC'repairs. At 31 locations, the timber piles C , are not wrapped,. and a -e exposect )/ the marine environment (Photo 50). v , Additionally, at one location (38-13 the pile wrap stops approximately eight feet below mean high water (MHW) (Photo 51). At 15 locations, the pile wrap does not extend into the mudline, and timber pile is exposed as also occurs at pile 38-B (Photo 52). Additionally, at two location the existing grout encapsulation is undermined and the timber pile is exposed at the mudline. Pile wrap hardware is missing or failed at five locations in the atmospheric zone (Photo 53). Finally, the existing pile wrap is damaged in the tidal zone at one location. 24 Ix 0 m NIM z U� 0 w w U F 04 W I mOf �0]N SJ J N E N W ¢ ¢tom.. cna N a FUS N � WOF I p Z w J a R W 4w P: W W a r F E 0 w Om OF .9 .9 .9 Q z > Z 7 W y 0 0 0 0 m NIM z 0 w U F W z iTa J N a '�r0. O W a 3 Q M F N � aE z H w W a a w w F w N N F ... V Wo U ¢ _ V K K ¢ VR W �> ^ �wz o z o� p' Z,� E �Jjv "a vwi a �w z0 W U� m rcG� 20 F w¢ w6N 4Z P: W W a r F E 0 w Om OF .9 .9 .9 Q z > Z 7 W y 0 0 0 0 NIM .0-.Z U F W z J N O W 3 Q N � W 0 W z F, H W E a uvq f z F X U F H Ew''wF Y H N U W W E W P4 F N W W W 4 Z WNW F a p x F z zz 1-4 uu UAK2 - OWE b5 0 %V M IPM PWI &W OO ttv;V VW" 5 MNIIa W"rP CAST -IN-PLACE GROUT PROVIDE MIN. 1:1 SLOPE AWAY FROM PILE— h A�I STEEL WWR(TYP. CAST-IN-PLACI CONCRETE FILL STEEL REINFORCEMED (TYP.I EXIST. TIMBER STRINGER (TIP.) � EXIST. TIMBER t PILE CAP 'I iI �I it ri ! i• if RIGID TRANSLUCENT BACKFILL WITH FIBERGLASS FORM '1 FILLED WITH �1 CAST -IN-PLACE h CONCRETE it .1 EXIST. TIMBER PILE .I 't .1 ' A SECTION A -A SCALE 1"=1'-0" eIN Hlfl GID TRANSLUCENT 3ERGLASS FORM EXCAVATE EXIST.I� iI STEEL REINFORCEMENT MUDVNE AND ri ! i• (SEE SECTION A -A) BACKFILL WITH EXCAVATED MATERIAL AFTER CONC. PLACEMENT -. �� EXIST. MVDLINE �� (EL. VARIES) I� H o ;� NOTE: z �1 REPAIR SKETCH IS TYPICAL AND 'wkI� �� SAFE SLOPE MAY NOT INCLUDE BRACING OR AS DETERMINED OTHER STRUCTURAL COMPONENTS. BY CONTRACTOR (TYP.) SITE SPECIFIC ELEMENTS NOT .✓1 AA CONSIDERED FOR THIS SKETCHES NEWPORT BEACH OCEAN PIERS INSPECTION N.T.S. coin oaAm4 ev: BALBOA PIER hDATE wr.cNEaco 6Y: SKETCH N0, TYPICAL STRUCTURAL ENCASEMENT Z TIMBER STRINGERV.GENERAL P OF NCRETE K J¢" FOAM SEAEXTENSION R PILE CAP (SEE NOTE 1) wO > Ul a..BAND (TYP.) � a z 0 C) w a w J .7 z w I ; FLEXIBLE PLASTIC (nN bi N I BARRIER (TYP.) w z C9 a Q [L w U1 �aay i 3 3a w BARRIER HARDWARE _ z w (REPLACE AS NEEDED) v z o a J .. W m x a i _bi a 5' FOAM SEAL (TYP.) w I x o I w I I MUDLINE I (EL. VARIES) -H o i I � I N NOTE: I I REPAIR SKETCH IS TYPICAL AND MAY NOT INCLUDE BRACING OR 15•I OTHER STRUCTURAL COMPONENTS. i�lll 111 ISM • SITE SPECIFIC ELEMENTS NOT CONSIDERED FOR THIS SKETCHES DESIGNED BY: NEWPORT BEACH OCEAN PIERS INSPECTION SCALE N,TS re ON BALBOA PIER °R"w" er: Izzo CoAn CHECKED BY. SKETCH N0. TYPICAL WRAP REPAIR 3 TIMBER PILE NOTE: REPAIR SKETCH IS TYPICAL AND MAY NOT INCLUDE BRACING OR OTHER STRUCTURAL COMPONENTS. SITE SPECIFIC ELEMENTS NOT CONSIDERED FOR THIS SKETCHES a a J 4 -IN. SEAL PER MFR FIBERGLASS JACKET z CEMENTITIOUS GROUT INJECTED INTO ANNULUS REMOVE EXISTING WRAP OR d RM'FIBERGLASS FORMWORK (WHERE PRESENT) INJECTION PORTS PER MFR'S RECOMMENDED SPACING (TYP) MUDLINE z u - INJECTED GROUT JACKET FIBERGLASS .. .6000. `. TIMBER •.•AA.•.•.•A. A4 PILE L -2-I1\1. ANNULAR V SPACE, MIN. sc Eo er: NEWPORT BEACH OCEAN PIERS INSPECTION uT c uxsa+ BALBOA PIER imm All CHEacED By, SKETCH N0. TYPICAL WRAP /ENCAPSULATION EXTENSION 4