HomeMy WebLinkAboutC-7126-1 - Ocean Piers Maintenance ProjectSeptember 25, 2019
John S. Meek Company
Attn: John S. Meek
14732 South Maple Avenue
Gardena, CA 90248
Subject: Ocean Piers Maintenance Project — C-7126-1
Dear Mr. Meek:
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644 3039Fax
newportbeachca.gov
On September 25, 2018, 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, 2018 Reference No. 2018000353271. The Surety for the contract is
SureTec Insurance Company and the bond number is 5240394. Enclosed is the Faithful
Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
Executed in duplicate originals Premium: $15,190.00
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 5240394
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 15,190.00 being at the
rate of $ 14.40. $8.70 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to John
S. Meek Company, Inc. hereinafter designated as the "Principal," a contract for
completing repairs to the Newport Pier and Balboa Pier, as indicated in the drawings and
specifications, which work includes both underwater and above water/ under deck repairs
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 SureTee Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One
Million Four Hundred Eighteen Thousand Three Hundred Ninety Five Dollars and
00/100 ($1,418,395.00) 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, orfails 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 31st day of October ,2017.
John S. Meek Company, Inc.
Name of Contractor (Principal)
SureTec Insurance Company
Name of Surety
1330 Post Oak Blvd., Suite 1100
Houston, TX 77056
Address of Surety
(714) 505-7011
Telephone
APPROVED AS TO FORM:
CITY ATTfORNTY'S OFFICE
Date: `` f� //
By.=r�%
Aaron C. Harp
City Attorney
L- /�%Zl/ -
ut orized Signature/Title
1,A6 /
Authori d Agent Signature
Erik fohansson. 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.
State of California
(seal)
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) 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 § 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 of Los Angeles )
On November 2, 2017 before me, Anna Lisa Pails Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/art
subscribed to the within instrument and acknowledged to me that he/shwuwy executed the same in
his/befteir authorized capacity(ies), and that by his/i signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
yANNA LISA PAILA ^�[
` Notary Public - California [
i '� Las Angeles County
Commission N 2149290
Ng Comm. fa Ina 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.
Signatui l
Signature of Notary Public
Place Notary Seal Above
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: _
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing
02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-8/6-68P/) Item 115901
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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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 -_OCT_..3-. LQ—___-- before me,, E. M. Bell, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/NK
subscribed to the within instrument and acknowledged to me that he/,4bWMW executed the same in
his/p{T,0p;authorized capacity(ies), and that by his/kjc�signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
fG
�
Signature._ z N
Signature of Notary Public
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Signer's Name: _—_---._--- _------- _----
II Corporate Officer — Title(s): _
U Partner — U Limited ❑ General
* Individual U Attorney in Fact
[ I Trustee ❑ Guardian or Conservator
U Other:
Signer Is Representing:
Signer's Name:. --
CI Corporate Officer — Title(s):
❑ Partner -- O Limited CI General
U Individual _J Attorney in Fact
Ei Trustee Guardian or Conservator
El Other:
Signer Is Representing:
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(02014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-576-6827) Item #5907
BELL 1
COMM. # 2151184
: I5
NOTARY PUBLIC CALIFORNIA
LOS ANGELES COUNTY N
Aty comm. eypires Apr. 29, 2o, -o
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.
fG
�
Signature._ z N
Signature of Notary Public
OPTIONAL
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Signer's Name: _—_---._--- _------- _----
II Corporate Officer — Title(s): _
U Partner — U Limited ❑ General
* Individual U Attorney in Fact
[ I Trustee ❑ Guardian or Conservator
U Other:
Signer Is Representing:
Signer's Name:. --
CI Corporate Officer — Title(s):
❑ Partner -- O Limited CI General
U Individual _J Attorney in Fact
Ei Trustee Guardian or Conservator
El Other:
Signer Is Representing:
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(02014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-576-6827) Item #5907
510610
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know 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
Melissa Lopez, Ellen Bell, Frances Lefler, Erik Johansson, Jennifer C. Anaya, James W. Johnson,
Kevin S. Bogart, Scott M. Milne
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, providing the bond penalty does not exceed
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 Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until IM112019 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`n of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 25th day of July , A.D. 2017 . IA
SURETEC E ANY
SURAN (\
me 7 x v g£ By:
6• �Z' ut ., i
State of Texas as: John Knox res%
��, ."'.,"' j x, t
County of Harris ......../
wme,e»•
On this 25th day of July , A.D. 2017 before me personally came John Knox Jr., to me known, 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.
awup,
�,�,xv aoa,, XENIA CHAVEZ
Af �c Notary Public, State of "re) a '
� q ;{"'0+ Comm. Expires 09-10-2020 � Z
,°; ��1 Notary ID 129117659 X m avez, Notary Public
�iGty commission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SUREITC 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. q �,
Given under my hand and the seal of said Company at Houston, Texas this day of OCT 3z)LQ%/ . A.D.
Brbnt BcAy,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) 812-0808 any business day between 8;00 am and 5:00 pm CST.
December 3, 2018
John S. Meek Company
Attn: John S. Meek
14732 South Maple Avenue
Gardena, CA 90248
Subject: Ocean Piers Maintenance Project C-7126-1
Dear Mr. Meek:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
On September 25, 2018 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, 2018, Reference No. 2018000353271. The Surety for the bond is SureTec
Insurance Company and the bond number is 5240394. Enclosed is the Labor & Materials
Payment Bond.
Sincerely,
L;✓C,rr�n�d✓
•i'trZ
Leilani I. Brown, MMC
City Clerk
Enclosure
Executed in duplicate originals EXHIBIT A Premium: Included in
Performance Bond
CITY OF NEWPORT BEACH
BOND NO. 5240394
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to John
S. Meek Company, Inc. hereinafter designated as the "Principal," a contract for
completing repairs to the Newport Pier and Balboa Pier, as indicated in the drawings and
specifications, which work includes both underwater and above water/ underdeck repairs,
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 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
Million Four Hundred Eighteen Thousand Three Hundred Ninety Five Dollars and
00/100 ($1,418,395.00) 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 31st day of October , 2017_.
John S. Meek Company, Inc.
Name of Contractor (Principal)
SureTec Insurance Company
Name of Surety
1330 Post Oak Blvd., Suite 1100
Houston, TX 77056
Address of Surety
(714) 505-7011
Telephone
APPROVED AS TO FORM:
CITY ATIO OFFICE
Date: ( /t 1,�7
Aaron C. Harp
City Attorney
re/Title
Authorized Agent Signature
Erik Johansson, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TTACHED
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
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 Los Angeles )
On November 2, 2017 before me, Anna Lisa Paila, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/ase
subscribed to the within instrument and acknowledged to me that he/shy *" executed the same in
his/Ns V*w* authorized capacity(ies), and that by his/ber/heir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ANNA LISA PAILA
Notary Pubtlo • Ce0fornle
< • Los Angeles County =
= Commission * 2149290
My Comm. Ex fres Me 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 L
Sig ture of Notary Public
Place Notary Seal Above
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Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
fl Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
fl Other:
Signer Is Representing:
aN✓A 06
CALIFORNIA ALL-PURPOSE 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 Orange )
On OCT 3 t 2017 before me,
Date
personally appeared
E. M. Bell, Notary Public
Here Insert Name and Title of the Officer
Erik Johansson
Name(s) of Signers)
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/Wexecuted the same in
his/=authorized capacity(es), and that by his/DBO=signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
9� E. M. BELL C
COMM. # 2151184 s
NOTARY PUBLIC CALIFORNIA 3
> LOS ANGELES COUNTY
" My comm. expires Apr. 29, 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 gknd official seal.
Signature
Signature of Notary Public
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Document Date:
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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.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
POA#: 510610
SureTec Insurance Company
LD41TED POWER OF ATTORNEY
Enow 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
Melissa Lopez, Ellen Bell, Frances Lefler, Erik Johansson, Jennifer C. Anaya, James W. Johnson,
Kevin S. Bogart, Scott M. Milne
its true and lawful Attorney-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, providing the bond penalty does not exceed
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 Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12ni/201e 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 Resolvers 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 206 of April,
1999)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 25th day of July , A.D. 2017 . I A
SUE
Un
State of Texas ss:
County of Harris �'t' ........
On this 25th day of July , A.D. 2017 before me personally came John Knox Jr, to me ]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.
p"`wrP" XENIA CHAVEZ
`=4�.... Ua6
Notary Public, State of Texas
"a'•°4e Comm. Ex
-�•.
r°110 Notary ID 129117659 X�avez, Notary Public �l
'My commission expires September 10, 2020
I, 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. q
Given under my hand and the seal of said Company at Houston, Texas this day of ,t O)MY 2 � 'j . A.D.
. Brbnt Beft Assistant Sedretary
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.
Batch 3838923 Confirmation
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 15
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I1I11IIIIIIIIIII IIII NO FEE
.$ R 0 0 1 0 s 7 7 1 7 e$.
20180003532719:12 am 09/27118
47 NC -5 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 October 24, 2017. Said Contract set
forth certain improvements, as follows:
Ocean Piers Maintenance Project - C-7126-1
Work on said Contract was completed, and was found to be acceptable on
September 25 2018, by the City Council. Title to said property is vested in the Owner
and the Surety for said Contract is SureTec Insurance Company.
BY `
Public Works Direc or
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 on FYI r �f►If/� �r ry� g at Newport Beach, California.
BY " "'
/w i tym,_
City Clerk
https://gs.secure-recording.com/Batch/Confirmation/3838923 09/27/2018
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 October 24, 2017. Said Contract set
forth certain improvements, as follows:
Ocean Piers Maintenance Project - C-7126-1
Work on said Contract was completed, and was found to be acceptable on
September 25, 2018, by the City Council. Title to said property is vested in the Owner
and the Surety for said Contract is SureTec Insurance Company.
BY
Public Works Direc or
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. ( y�,!o
Executed on uf/1 �(/C�Ky�_ J p , at Newport Beach, California.
BY " „r
City Clerk
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
All bids shall be submitted via PlanetBids to the office of the City Clerk
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 18th day of October, 2017,
at which time such bids shall be opened and read for
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
$ 900,000
Engineer's Estimate
Approved by
/41-
Mark Vukojevic
City Engineer
Contractor License Classification required for this project: "A"
For further information, call Fong Tse, Project Manager at (949) 644-3321
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES......................................................................
14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16
ACKNOWLEDGEMENT OF ADDENDA.......................................................................
18
INFORMATION REQUIRED OF BIDDER.....................................................................
19
NOTICE TO SUCCESSFUL BIDDER...........................................................................22
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
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received electronically by
the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL (LINE ITEMS to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the
Civic Center (Located at 100 Civic Center Dr.)
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. Original copies
must be submitted to the City Clerk's Office.
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. (original Bid Bonds
must be submitted to the City Clerk's Office.)
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract. The securities shall be
deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 at 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 at 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 on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has bee eviewe j
709151 A, B, HAZ A
Contractor's License No. & Classification p thor¢ed Sign ture/iitle
1000002928 Expires 06/3012018 October 16, 2017
DIR Reference Number & Expiration Date Date
John S. Meek Company, Inc.
Bidder
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of Bid
Dollars ($ ---10%--- ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEAN
PIERS MAINTENANCE PROJECT, Contract No. 7126-1 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 12th day of October , 2017.
John S. Meek Company, Inc.
Name of Contractor (Principal)
SureTec Insurance Company
Name of Surety
1330 Post Oak Blvd., Suite 1100
Houston, TX 77056
Address of Surety
(714)505-7011
Telephone
"f
Authorized Tgent Signature
Erik Johansson, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & SuretV must be attached)
ZALIFORNIIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 11 M?
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 OCT 1 2 201 before me, _
Date
personally appeared
E. M. Bell, Notary Public
Here Insert Name and Title of the Officer
Erik Johansson
Name(s) of Signers)
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/W executed the same in
his/X0L >Mauthorized capacity(ies), and that by his/( p(slgnature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
IF. E. M. E EL.` I�
o
COMM. # 2151184
i_
NOTARYPUBLIC CALIFORNIA K
3
LOS ANGELES COUNTY11 o
My comm. expires Apr. 29, 2020 C
-W _
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 � k ,{_
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
n Other:
Signer Is Representing:
SSSS"✓�.4'e/G'v.'ti '✓ tii4'✓'v4'v4'✓G(✓ -d -eih. -a' "✓G'av 'd '✓Nd 'a✓
POA #, 510610
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know 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
Melissa Lopez, Ellen Bell, Frances Lefler, Erik Johansson, Jennifer C. Anaya, James W. Johnson,
Kevin S. Bogart, Scott M. Milne
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, providing the bond penalty does not exceed
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 Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until =112019 and is made under and by authority of the following
resolutions of theBoardof 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 Attorney(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 20i° ojApril,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 25th day of July , A.D. 2017 .
S�jRAN�eF SURETEC EANY
ted.......,
,vOf X y 3� By:
John Knox ., resi nt
State of Texas ss: 7�M1 1 f
County of Hams .. ,
On this 25th day of July , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by meduly swom, 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.
•`,nr>,f XENIA CHAVEZ
,roto,.., ao'y
xl;Lon Notary Public, State of Texas
..rII Comm. Expires 09-10-2020
Notary ID 129117659 X ia�a�t avez,NotNotaty Public
` My commission expires September 10, 2020
I, M. Brent Beaty, Assistant Secretary of SURETEC JNSURANCE 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. ,
Given under my hand and the seal of said Company at Houston, Texas this gdaof 0CLOA.Dnt Be ty, Assistant Se etary
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.
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 Los Angeles )
On October 16. 2017 before me, Anna Lisa Paila Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shellhey executed the same in
his/harAhei>- authorized capacity(ies), and that by his/berftEteir signature(s) 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-- Ca lornis
Loa Angeles Courcy
Commfulon 0 2149290
M Comm. Rakes 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
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: John S. Meek
2 Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: John S. Meek company, Inc.
Number of Pages:
Signer's Name: John S. Meek
2 Corporate Officer — Title(s): Secretary
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: John S. Meek company, Inc.
RAI .. :rr a • :rr r
ACKNOWLEDGMENT
...............................................................................
State of California
County of
On
personally appeared
ss.
before me,
Notary Public,
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
rseap
...............................................................................
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:
Thumbprint of Signer
701
Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
...............................................................................
State of California
County of
On
personally appeared
ss.
before me,
Notary Public,
proved to me on the basis of satisfactory evidence to be the persons) 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 persons) 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)
.......••......••...•..........................................................
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
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126.1
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 maybe made in these subcontractors except with
prior approval of the City of Newport Beach. (Use additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name:
Address:
Phone:
State License Number:
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. I 1 �// -- - � jC
Bidder Aythlized Signature/Title
9 C
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
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. 1
Project Name/Number Newport Beach Pier Emergency Pile
Project Description Pile Repair
Approximate Construction Dates: From
Agency Name Newport Beach
Contact Person Fong Tse
12/2016
To: 12/2016
Telephone (949 644-3311
Original Contract Amount $92.000 Final Contract Amount $ 92.000
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.
10
No. 2
Project Name/Number Barstow Street Retainng Wall
Project Description Retaining Wall
Approximate Construction Dates: From 5/2016
11/2016
Agency Name City of Los Angeles
Contact Person Public Works Department Telephone (21 31 847-0494
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
against you/Contractor? If yes, briefly explain and indicate outcome of claims,
No
No. 3
Project Name/Number Bridge 217.32
Project Description Bridge Repair
Approximate Construction Dates: From
Agency Name NCTD
7/2016
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.
11
No. 4
Project Name/Number Pile Repairs Santa Monica Pier
Project Description Pile Repairs
Approximate Construction Dates: From
Agency Name
Contact Person
of Santa Monica
Salim Erem
3/2016
To
6/2016
Telephone (319 458-8127
Original Contract Amount $_L69.,000 Final Contract Amount $ 169,000
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. 5
Project Name/Number Newport Harbor Patrol HQ Marine Ways
Project Description Marine Ways Repair
Approximate Construction Dates: From 4/2016 To: 2/2017
Agency Name County of Orange
Contact Person Public Works Department Telephone (714 867-3261
Original Contract Amount $ 339,000 Final Contract Amount $ 339,000
If final amount is different from original, please explain (change orders, extra work, etc.)
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.
12
No. 6
Project Name/Number Park Avenue Bridge
Project Description Bridge Replacement
Approximate Construction Dates: From. 3/2016 To: -72 /pf�oi1 'SS
Agency Name City of Newport Beach
Contact Person Fong Tse Telephone (949 644-3311
Original Contract Amount $ 6.3M Final Contract Amount $ -&75* 6 - ,gm
If final amount is different from original, please explain (change orders, extra work, etc.)
AJf& Chun yc5 +e co/14,tAci-Sc0t7CL- 4nd �I "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 cu ent financial
conditions. \�
John S. Meek Company, Inc. C'
Bidder Authorized Signature/Title
r
13
No. 7
Project Name/Number Lecco Lane Bulkhead
Project Description Retaining Wall
Approximate Construction Dates: From 3/2016 To: 10/2016
Agency Name City of Los Angeles
Contact Person Jose Beristain
Telephone (213)847-0478
Original Contract Amount $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. a
Project Name/Number Promenade Emergency Revetment Repair
Project Description Rock Revetment
Approximate Construction Dates: From 1/2016 To: 2/2016
Agency Name City of Ventura
Contact Person Betsy Cooper Telephone (804654-7800
Original Contract Amount $182-320 Final Contract Amount $ 382,320
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. 9
Project Name/Number Mulholland Drive Bulkhead
Project Description Retaining Wall
Approximate Construction Dates: From 1/2016 To: 10/2016
Agency Name City of Los
Contact Person Public Works Department
(21) 978-0262
Original Contract Amount $_I 37,000 Final Contract Amount $ 137,000
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
1'2
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 To: 5/2016
Agency Name City of Ventura
Contact Person Keith Fowler Telephone (8051 Bee -4596
Original Contract Amount $ 1,260,00[?Final Contract Amount $ 1,260,000
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. 11
Project Name/Number Santa Ana River Reach s Phase 5A
Project Description
River Flood Walls
Approximate Construction Dates: From 11/2015 Te: 12/2018
Agency Name USACE
Contact Person Lulu Khilfeh
Telephone (21) 452-3308
Original Contract Amount $20.148.00final Contract Amount $_20,148,000
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
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 12
Project Name/Number Santa Monica Pier Bollard
Project Description
Install Bollards
Approximate Construction Dates: From 8/2015 To: 4/2016
Agency Name City of Santa Monica
Contact Person Zach Pollard Telephone (31Q 458-8726
Original Contract Amount $ 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. 13
Project Name/Number Los Canyon Bridge Widening
Project Description Widen Bridge
Approximate Construction Dates: From 8/2015 To; 8/2016
Agency Name City of Santa Cladta
Contact Person James Tong Telephone (661) 259-2489
Original Contract Amount $ 979,000 Final Contract Amount $ 979,000
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. 14
Project Name/Number Huntington Beach & Talbert Channels
Project Description Debris Boom
Approximate Construction Dates: From 7/2015 To: 5/2016
Agency Name Orange County Public Works
Contact Person Octavio Rivas
Telephone (714) 245-452n
Original Contract Amount $__L41 ,000 Final Contract Amount $ 541,000
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. 15
Project Name/Number Berm
Project Description Repair Asphalt Berm
Approximate Construction Dates: From 6/2015 To: 8/2015
Agency Name City of Los Angeles
Contact Person Gene Edwards
Telephone (213 978-0261
Original Contract Amount $_L99.1900 Final Contract Amount $ 299,900
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.
N0. 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 ( 21P 978-0261
Original Contract Amount $ 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 $-178-000 Final Contract Amount $ 900,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Increased auantities
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. 18
Project Name/Number Sun Valley EDA
Project Description Repair Streets & Sidewalks
Approximate Construction Dates: From 3/2015 To: 6/2016
Agency Name City of Los Angeles
Contact Person Carlos De La Fuente
Telephone (214 485-4557
Original Contract Amount $ 4,400,OOCFInal Contract Amount $ 4,300,000
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. 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 (214 978-0262
Original Contract Amount $720,000 Final Contract Amount $ 720,000
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. 20
Project Name/Number
Crescent Drive at Wonderland
Project Description Replace Bulkhead
Approximate Construction Dates: From 11/2014 To: 6/2015
Agency Name City of Los Angeles
Contact Person Craig Kunesh Telephone (213 978-0262
Original Contract Amount $ 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
Agency Name City of Oxnard
11/2015
Contact Person Raymond Williams Telephone ( 80P 385-7902
Original Contract Amount $ 993,000 Final Contract Amount $_981,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Decreased Quantitv
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 Bridge
Project Description Bridge Repair
Approximate Construction Dates: From 8/2014 To: 5/2015
Agency Name City of Huntington Beach
Contact Person Dave Verona
Telephone (714) 375-8471
Original Contract Amount $ 684,000 Final Contract Amount $ 697,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Increased Scope
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. 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 (567 283-7253
Original Contract Amount $ 2,676,00OFinal 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 12/2013
Agency Name City of Long Beach
Contact Person
Anneke Van Gelder
2/2015
Telephone ( 56$ 570-6698
Original Contract Amount $2,2 44,OOOFinal Contract Amount $ 2,526,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Under water electrical line was unlocateable and delayed project
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. 25
Project Name/Number East Fork over North Folk 8. East Fork over East Folk
Project Description Bridge Repairs
Approximate Construction Dates: From 11/2013 To: 4/2016
Agency Name County of Los Angeles
Contact Person Jose Pou Telephone (62Q 458-2191
Original Contract Amount $ Flnal Contract Amount $
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.
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
NON -COLLUSION AFFIDAVIT
State of California )
ss.
County of Los Angeles t
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 of the State f CaIff mia that theforegoing is a and correct.
John S. Meek Company, Inc. L,
Bidder Aytho,fized Signaturefritle
Subscribed and sworn to (or affirmed) before me bn 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]
14
Notary Public
My Commission Expires:
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 of Los Anceles )
On October 16. 2017 before me, Anna Lisa Paila, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iS/sae
subscribed to the within Instrument and acknowledged to me that he/sha wmy executed the same in
his/beWlimk authorized capacity(1es), and that by his/her/thelr signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the Instrument.
Voa
ANNA LISA PA1LA
Notary PaM , - Cis ornis
i s Loa Anpsies County
= Commission 0 2149290
Mv Comm. Ea leas Ma 14.2020 r
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
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:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02015 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item if5907
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
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):
General Liability, Automobile & Workers Compensation Inuranc_e:
Venbrook Insurance Services
6320 Canoga Avenue 12th Floor Woodland Hills, CA 91367 (818) 598-8984
Bonds:
Performance Bonding Surety &Insurance Brokerage, L.P.
15901 Red Hill Avenue, Suite 100 Tustin CA 92780 (714) 505-7011
SureTec Insurance Co. & Agronaut Insurance Company as Co -Sureties
3033 5th Avenue, Suite 300 San Diego CA 92103 (800) 288-0351
15
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
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.
W9,
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2016
2015
2014
2013
2012
Total
2017
No. of contracts
34
83
42
40
52
57
308
Total dollar
Amount$11M
Conttractsracts (in
$34M
$20M
$16M
$14M
$13M
$108M
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
1
3
0
1
2
2
9
No. of lost
workday cases
involving
permanent
0
0
0
0
0
1
1
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
W9,
Legal Business Name of Bidder John S. Meek Company, Inc.
Business Address: 14732 So. Maple Avenue, Gardena CA 90248
Business Tel. No.: (310) 830-6323
State Contractor's License No. and
Classification: 709151 A. B, HAZ
Title
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 ATTACHEDI
17
•AIA ALL-PURPOSE ACKNOWLEDGMENT•■
•.c' mac.. �e...•.,�.•. �.c..+.
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 Los Angeles )
On October 16, 2017 before me, Anna Lisa Paila, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Name(s) of Signer(s)
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/stsrlfhey executed the same in
his/derAMir authorized capacity(ies), and that by his/hei4flteir signature(s) 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 • Cdflornle rs[
Los Angeles County
Commission • 2149290
Comm. Es tree Ms 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 �_
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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: John S. Meek
® Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: John S. Meek company. Inc.
Number of Pages:
Signer's Name: John S. Meek
® Corporate Officer — Title(s): Secretary
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: John S. Meek company, Inc.
o ry F. Y. :ee •*hl ftral:er fti�e
UNANIMOUS ACTION BY WRITTEN CONSENT
OF THE BOARD OF DIRECTORS OF
JOHN S. MEEK COMPANY, INC.
The undersigned, as sole member of the Board of
Directors of JOHN S. MEEK COMPANY, INC., a California
corporation, and being the only member of such Board as
presently constituted, does by this writing consent to take the
following actions and adopt the following resolutions effective
the 6th day of March, 2013:
RESOLVED, that the following person(s)
are hereby elected to serve as Officers of
the corporation for the ensuing year or
until their successors shall be duly elected
and qualified:
JOHN S. MEEK - Chief'Executive Officer/President,
Chief Financial Officer, and
Sep ,retary
RESOLVED FURTHER, that the services of
all of the officers are vital to the
continuing progress and growth of the
corporation; that the salaries paid to the
Officers shall remain in effect until the
next annual meeting of this Board, or as
this Board may from time to time determine;
that the salaries and bonuses paid to the -
Officers during 2012 are hereby ratified and
approved; and that the salaries and bonuses
paid to the Officers of this corporation are
comparable to the pay similar jobs would
yield in the current job market.
RESOLVED FURTHER, that the corporation
is hereby authorized to'pay the corporation's
General Manager, James Jilk, a bonus (if any)
calculated in the same manner as in previous
years, the exact amount of which shall be
determined by the corporation's President
1
I
after the corporation's accountants have
determined the net profits (if any) for 2012.
Any action or actions previously taken by the
President of the corporation in this regard
are hereby ratified and approved.
RESOLVED FURTHER, this corporation being
a Subchapter S corporation, all distributions
to shareholders made by the corporation during
the preceding year are hereby ratified and
approved.
RESOLVED FURTHER, that all other acts of
the officers and Directors of the corporation
taken on behalf of the corporation during the
preceding year be, and they hereby are in all
respects, ratified and confirmed, with the
same effect as though set forth in detail in
formal minutes of the Board of Directors.
This action is taken in lieu of the regular annual
meeting of the Board of Directors of the corporation, and is
executed pursuant to the provisions of Section 307(b) of the
California Corporations Code and Article III, Section 13 of the
Bylaws of the corporation, which authorize the taking of action
by the directors of the corporation without a meeting. This
document is directed to be filed with the minutes of the
proceedings of the corporation.
W
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
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:
Addendum No. Date Received Signatige
October 12 2017 C ��
W
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
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: 07/31/2019
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
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
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;
Nl4
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
No
Have you ever failed to complete a project? If so, explain.
No
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 / No
20
Are any claims or actions unresolved or outstanding? Yes No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
John S. Meek Company, Inc.
Bidder
John S. Meek
(Print name of Owner or Presiden
of Corpor7on/Company)
AyttS: rized Signature/Title
President
Title
October 16, 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/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), orthe 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:
21
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 Los Angeles )
On October 16, 2017 before me, Anna Lisa Paila, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/art
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hisfkeNtheir 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(a) acted, executed the instrument.
ANNA L15A PAILA I certify under PENALTY OF PERJURY under the laws
Notary Public - Csi8ornla = of the State of California that the foregoing paragraph
Los Angeles County £ is true and correct.
Commission Al 2119290
Comm. Expires May 11, 2020 WITNESS my hand and official seal.
Signature
SignaI 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:
Signer(s) Other Than Named Above
Capacity(les) 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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — lltle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
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 specked 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.
22
OCEAN PIERS MAINTENANCE PROJECT
CONTRACT NO. 7126-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day
of October, 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 completing repairs to the
Newport Pier and Balboa Pier, as indicated in the drawings and specifications, and
which work includes both underwater and above water/ under deck repairs (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. 7126-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of One Million One Hundred Eighty Two Thousand Three
Hundred Ninety Five Dollars and 00/100 ($1,182,395.00). Additionally, the City has
allocated a contingency amount of Two Hundred Thirty Six Thousand Dollars and
00/100 ($236,000.00) for unexpected costs, for a total not to exceed amount of One
Million Four Hundred Eighteen Thousand Three Hundred Ninety Five Dollars and
00/100 ($1,418,395.00). No portion of the contingency shall be exepnded without prior
written approval of City's Project Administrator.
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 John S. Meek 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.
John S. Meek Company, Inc. Page 2
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
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.).
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
INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
John S. Meek Company, Inc. Page 3
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.
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.
John S. Meek Company, Inc. Page 4
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
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 orjoint 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 and all persons and entities owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services 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
John S. Meek Company, Inc. Page 5
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,
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,
volunteers, the State of California, and any person or entity owning or otherwise in legal
control of the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement (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.
John S. Meek Company, Inc. Page 6
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.
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
John S. Meek Company, Inc. Page 7
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.
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.
John S. Meek Company, Inc. Page 8
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.
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 ATTORNEY'S OFFICE
Date: 1�l 7/17
By:
Aaron C. Harp ULA ivlt}II?
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California m icipal corporation
Date: !2 7-
By: Z42
Mayor
CONTRACTOR: John S. Meek
Company, Inc., a California corporation
Signed in Counterpart
By:
John S. Meek
Chief Executive Officer / Secretary
[END OF SIGNATURES]
r�<lFORMP
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 ATTORNEY'S OFFICE
Date: 107) -76 7
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONTRACTOR: John S. Meek
Company, Inc., a California corporation
Date: October 31, 2017
Executive Officer/ Secretary
[END OF SIGNATURES]
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 originals EXHIBIT A Premium: Included in
Performance Bond
CITY OF NEWPORT BEACH
BOND NO. 5240394
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to John
S. Meek Company, Inc. hereinafter designated as the "Principal," a contract for
completing repairs to the Newport Pier and Balboa Pier, as indicated in the drawings and
specifications, which work includes both underwater and above water/ under deck repairs,
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 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
Million Four Hundred Eighteen Thousand Three Hundred Ninety Five Dollars and
00/100 ($1,418,395.00) 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 31st day of October , 20,L_.
John S. Meek Company, Inc.
Name of Contractor (Principal)
SureTec Insurance Comp
Name of Surety
1330 Post Oak Blvd., Suite 1100
Houston, TX 77056
Address of Surety
(714)505-7011
Telephone
APPROVED AS TO FORM:
CITY ATrO)2,(J OFFICE
Date: (�/�j Y'S �' /
By: Gri
Aaron C. Harp NM U114114 -
City Attorney
Sidnature/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
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 Los Angeles )
On November 2. 2017 before me, Anna Lisa Paila, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(a) whose name(&) is/are:
subscribed to the within instrument and acknowledged to me that he/aheyth" executed the same in
his/lsedthex authorized capacity(les), and that by his/her/theif 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 - California
a Los Angeles County Z
Z Commission N 2149290
My Comm. Es Ives 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.
Signature
Sig ture 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:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11
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 OrT 9 1 2017 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/NJ
subscribed to the within instrument and acknowledged to me that he/M executed the same in
his/=authorized capacity(ies), and that by his/KIO=signature(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. 4 2151184 g
g� NOTARY PUBLIC CALIFORNIA
5 - LOS ANGELES COUNTY
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 anCL 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) 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:
POA #, 510610
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know 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
Melissa Lopez, Ellen Bell, Frances Lefler, Erik Johansson, Jennifer C. Anaya, James W. Johnson,
Kevin S. Bogart, Scott M. Milne
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, providing the bond penalty does not exceed
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 Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12J3112019 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 -fn -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 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 25th day of Juiy , A.D. 2017 .
�an"rirc� SUR�T_W
ECNY
(4"
By:John KState of Texas ss: 1 5r{z
County of Harris /
On this 25th day of July , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by meduly swom, 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
instnument; 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.
XENIA CHAVEZ
_.,., :.-Notary Public, State of Texas
Comm. Expires 09-10-2020
Notary ID 129117659 X ra avez, Notary Public
y commission expires September 10, 2020
I, 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. ISeetary Given under my hand and the seal of said Company at Houston, Texas this da otf A.D.
. Br nt Be y, Assista
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.
Executed in duplicate originals Premium: $15,190.00
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 5240394
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 15,190.00 being at the
rate of $ 14.40. $8.70 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to John
S. Meek Company, Inc. hereinafter designated as the "Principal," a contract for
completing repairs to the Newport Pier and Balboa Pier, as indicated in the drawings and
specifications, which work includes both underwater and above water/ under deck repairs
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
, 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
Million Four Hundred Eighteen Thousand Three Hundred Ninety Five Dollars and
00/100 ($1,418,395.00) 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; forwhich 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, orfails 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 P
and Surety above named, on the 31st day of October —'20 17 /
John S. Meek Company Inc
Name of Contractor (Principal)
SureTec Insurance Comp
Name of Surety
1330 Post Oak Blvd., Suite 1100
Houston, TX 77056
Address of Surety
(714)505-7011
Telephone
APPROVED AS TO FORM:
CITY AT IORNTY'S OFFICE
Date:_ ll��
By: Yai
Aaron C. Harp uM uiwnt
City Attorney
Signature/Title
Authori d Agent Signature
Erik fohansson Attorney -in -Fac+
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(les), 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 Los Angeles )
On November 2, 2017 before me, Anna Lisa Pails, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared John S. Meek
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/esx
subscribed to the within instrument and acknowledged to me that he/slxe/thw executed the same in
his/hedtheir 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.
ANNA LISA PAILA
Notary Public - California
Los Angeles County
Commission N 2149290
Comm. Ex Ina Maw 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.
Signatur
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:
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:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11110?
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 OCT 3 1 7017 before me, E. M. Bell, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
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/= executed the same in
his/ authorized capacity(ies), and that by his/ Ksignature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
�I E. M. BELL 6
o COMM. # 2151184 <
2'NOTARY PUBLIC CALIFORNIA
3 LOS ANGELES COUNTY
9 My comm. expires Apr. 29, 2020 C
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 lz
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(les) 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:
'eieiS'v 'uph: t `/S'a�'✓ eitiv, - v41d6'd 'd_
✓h
r • • • • • • • •� i�r i�r�e •;.
510610
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know 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
Melissa Lopez, Ellen Bell, Frances Lefler, Erik Johansson, Jennifer C. Anaya, James W. Johnson,
Kevin S. Bogart, Scott M. Milne
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, providing the bond penalty does not exceed
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 Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 12/31/2019 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 of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 25th day of Jury . A.D. 2017 _
SURETEC IIyBfIRAN E ANY
Wur X q `•�3t By:
W t W 95_
State of Texas ss; �1 y� � John Knox ., resi nt
County of Hams •`
On this 25th day of July , A.D. 2017 before me personallycame John Knox Jr, to me ]mown, who, being by me. duly swom, 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.
R-u—
Y
NIA CHAVEZ
blic, State of Texas
Expires 09-10-2020y ID 129117659 � X�� 1a avez, Notary Public
`"1GIy commission expires September 10, 2020
I, 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. q
Given under my hand and the seal of said Company at Houston, Texas this da of OCT 3 201
A.D.
. Br nt Be ty, Assistant Se etary
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.
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, volunteers, the State of California, and any
person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Project and/or Services contemplated by this
Agreement. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its elected
or appointed officers, agents, officials, employees, volunteers, the State of
California, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
John S. Meek Company, Inc. Page C-1
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Builder's Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for "all
risk" or special causes of loss form with limits equal to 100% of the
completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees,
volunteers, the State of California, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Project and/or Services contemplated by this Agreement or shall
specifically allow Contractor or others providing insurance evidence in
compliance with these requirements to waive their right of recovery prior to
a loss. Contractor hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees,
volunteers, the State of California, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
John S. Meek Company, Inc. Page C-2
the Project and/or Services contemplated by this Agreement shall be
included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees,
volunteers, the State of California, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Project and/or Services contemplated by this Agreement. Any
insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at 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
John S. Meek Company, Inc. Page C-3
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
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.
John S. Meek Company, Inc. Page C-4
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
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: 12/11/17
Date Completed: 2/21/18
Dept./Contact Received From: Edwin
Sent to: Edwin
Company/Person required to have certificate:
Type of contract:
0
Jan
John S. Meek Company / Ocean Pier Maintenance
Public Works
I. 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 $1 M or greater): What is limit provided?
$lM/$2
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® 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
1.
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
I1. 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 $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ❑ N/A ® Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/17-1/1/18
A.
INSURANCE COMPANY: StarStone National Insurance Company
B.
AM BEST RATING (A-: VII or greater): A- / XI
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY ® N/A ❑ Yes El No
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services—
Broker
ervicesBroker of record for the City of Newport Beach
or Deductible
2/21/18
Date
carrier rated less than _
_) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
1/25/18 Risk Management waived Installation Floater contract requirement
Approved:
Risk Management
* Subject to the terms of the contract.
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
OCEAN PIERS MAINTENANCE PROJECT
CONTRACT NO. 7126-1
DATE: October 12, 2017
TO: ALL PLANHOLDERS��
BY:
jily Engindler
The following changes, additions, deletions, or clarifications shall be made to the contract documents
— all other conditions shall remain the same.
CHANGED:
• Plan Sheet No. 2, Piling Repairs Item No. 1.0 -ii
Change "FX-70-6MP Multi -Purpose Marine Epoxy Grout" to
"Simpson Strong Tie FX -225 Non -Metallic Underwater Grout"
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be
considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have included
full payment in my Proposal.
John S. Meek Company, Inc.
Bidder's Name (Please Print)
October 13, 2017
Date
J,�, - - -� / �_ I,_/_
Aut orize Signature & Title
joshua,jilk - PlojectMwlager
Responsibilities:
Responsible to direct pile driving operations and ensure a safe and productive workplace for
John S. Meek Company Personnel.
Years Experience:
15
Relevant Experience:
• Proiect Manager
Santa Monica Pier
Oversee project to replace a large section of the iconic Santa Monica Pier. Work
included driving new piles, removing the over 300' of the pier and construction of the
new concrete underdeck structure, new timber stringers and decking and associated
catwalks, handrails and utilities.
Proiect Manager
Manhattan Beach Pier Repair
Repair concrete pier including concrete spall repair, concrete pile repair and misc beach
repairs.
• Proiect Manager
San Clemente Pier
Repair San Clemente Municipal Pier including driving piles, replacing caps, stringers and
deck.
• Project Manager
BP Marine Terminals — Los Angeles & Long Beach
Various marine terminal repairs including replacing timber piles, repair of fender
systems, bridge repairs and buoy installation.
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT
Contract No. 7126-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7126-1 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:
October 16, 2017
Date
(310) 830-6323
Bidder's Telephone and Fax Numbers
709151 A. B. HAZ
Bidder's License No(s).
and Classifications)
John S. Meek Company, Inc
Bder
1
8�dder's Authorized Signature and Title
14732 So. Maple Avenue, Gardena CA 90248
Bidder's Address
Bidder's email address: jeremiah@johnsmeek.com
105
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT (C-7126.1), bidding on October 18, 2017 10:00 AM (Pacific)
Bid Results
Bidder Details
Vendor Name John S. Meek Company Inc.
Address 14732 S. Maple Ave.
Gardena, CA 90248
United States
Respondee John S. Meek
Respondee Title President
Phone 310-830-6323 Ext.
Email jeremiah@johnsmeek.com
Vendor Type
License # 709151
CADIR
Bid Detail
Bid Format Electronic
Submitted October 18, 2017 9:58:46 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 120022
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
Ocean Pier Maintenance
D00083.pdf
Bid Bond
DOC795.pdf
Line Items
Type Item Code UOM
City Unit Price
Section 1
1 Mobilization
Lump Sum 1
2 Traffic Control
Lump Sum 1
3 Replace Pile Strap
Each 35
4 Replace Transverse or Longitudinal Bracing Bolt
Each 230
5 Repair Timber Splice
Each 25
PlanetBids. Inc.
$54,000.00
$2,500.00
$2,800.00
$825.00
$1,375.00
File Type
General Attachment
Bid Bond
Line Total Comment
$54,000.00
$2,500.00
$98,000.00
$189,750.00
$34,375.00
Page 1
City of Newport Beach
OCEAN PIERS MAINTENANCE PROJECT (C-7126-1), bidding on October 18, 2017 10:00
AM (Pacific)
Bid Results
Type Item Code
UOM
City
Unit Price
6 Install Full Height Pile Wrap
Linear Ft.
575
$339.00
7 Install Partial Height Pile Wrap
Linear Ft.
40
$339.00
8 Wrap Extension at Mudline
Linear Ft.
260
$1,230.00
9 Encapsulation Extension
Linear Ft.
260
$990.00
10 Re -nail Wrap
Each
6
$500.00
11 Pile Collar
Each
3
$2,445.00
12 Miscellaneous Timber
Board Ft.
100
$24.00
13 Pile Shim
Each
3
$950.00
14 As Built Plans
Lump Sum
1
$2,500.00
Subtotal
Total
Subcontractors
Name & Address Description
License Num
CADIR
PlanotBids, Inc.
Line Total Comment
$194,925.00
$13,560.00
$319,800.00
$257,400.00
$3,000.00
$7,335.00
$2,400.00
$2,850.00
$2,500.00
$1,182,395.00
$1,182,395.00
Amount Type
Page 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
OCEAN PIERS MAINTENANCE PROJECT
CONTRACT NO. C-7126-1
INTRODUCTION
SP 1 OF 13
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. H-5269-5); (3) the City's
Standard Special Provisions and Standard Drawings for Public Works Construction,
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2015 Edition), including supplements and manufacturer's instructions.
Copies of the Standard Special Provisions and Standard Drawings may be purchased
at the Public Works Department. Copies of the Standard Specifications may be
purchased from Building News, Inc. (www.bnkbooks.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
2-3 SUBCONTRACTORS
2-3.1 General. Add to this Section: "If and when connecting to an Edison Electrical
Pull Box or Vault, construction shall be done by an Edison Approved Contractor."
2-6 WORK TO BE DONE. Add to this section, "The work necessary for the
completion of this contract consists completing repairs to the Newport Pier and Balboa
Pier, as indicated in the drawings and specifications. Work includes both underwater
and above water / under deck repairs."
SECTION 3 ---CHANGES IN WORK
Add the following:
SP 2 OF 13
"3-2.5 Pay Item Schedule. For Bid Items identified by the Engineer, the
Contractor shall submit a pay item schedule. The submittal shall consist of a breakdown
of cost for the identified Bid Items, including all labor, materials, equipment and
incidentals. Overhead and profit shall be spread proportionately over each item. The
pay item schedule shall not be unbalanced in any way. No work shall commence until
the pay item schedule has been approved by the Engineer. Upon approval, the pay
item schedule shall serve as the basis for making progress payment in accordance with
Section 9-3.2 of the Standard Specifications as amended herein."
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 4 ---CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor shall
furnish the Engineer full information as to the progress of the work in its various parts
and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's
readiness for inspection. Submittals are required for all construction materials.
SP3OF13
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 ---UTILITIES
5-2 PROTECTION. Add the following: "In the event that an existing pull or meter
box or cover is damaged by the Work and is not re -useable, the Contractor shall
provide and install a new pull or meter box or cover of identical type and size at no
additional cost to the City."
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 that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6-7 TIME OF COMPLETION
6-7.1 General. Add to this section: "The Contractor shall complete all work under
the Contract within 100 working days after the date on the Notice to Proceed and be
completed by May 25, 2018.
6-7.2 Non -Working Days. Add to read: "No work shall occur on any City holiday,
defined as January 15t (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
SP 4 OF 13
(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 13-17 (Boat Parade), 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 Monday is a holiday. If January 1$t, July 4th, November 11th December 24th
December 251h or December 31St falls on a Saturday, the Friday before is a holiday.
Also, there will be no work from December 13th through 17th."
6-7.4 Working Hours. Normal working hours are limited to 7:00 00 AM to 4:30
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 4:30 PM to 6:30
PM on weekdays or 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
$2,500.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $2,500.00 per day is the
minimum value of the costs and actual damage caused by the failure of the Contractor
to complete the Work within the allotted time.
The intent of this Section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly, preplanned, and continuous sequence so as to
minimize inconvenience to public as a result of construction operations."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-8 PROJECT SITE MAINTENANCE
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 an $813 meter deposit
SP5OF13
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter."
7-8.5.1 Steel Plates. Add this Section: "Steel plates utilized for utility trenching
shall be the slip resistant type per Caltrans Standards."
7-8.6 Water Pollution Control. Add to this Section, "Surface runoff water, including
all water used during sawcutting operations, containing mud, silt or other deleterious
material due to the construction of this project shall be captured and treated by filtration
or retention in settling basin(s) sufficient to prevent such material from migrating into
any catch basin, Newport Harbor, the adjacent beach, or the ocean. The Contractor
shall also comply with the Construction Runoff Guidance Manual which is available for
review at the Public Works Department or can be found on the City's website at
www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link
Construction Runoff Guidance Manual.
7-8.6.1 Best Management Practices and Monitoring Program. The
Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP shall be approved by the Engineer prior to any work. The City of Newport
Beach shall monitor the adjacent storm drains and streets for compliance. Failure of
the Contractor to follow BMP will result in immediate cleanup by City and back -charging
the Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
7-10 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. See Drawings for additional requirements.
SP 6 OF 13
Pedestrian access to the piers within the limits of work must be maintained at all times.
The Contractor may use 15 feet of the width of the deck x 80 feet (4 bents) of the pier
adjacent to one side of the pier in the work area for his exclusive use. Note that
construction materials and equipment may not be stored or stockpiled on the pier.
Staging area will be provided in the parking lots adjacent to each pier at no cost to the
Contractor. The Contractor shall cooperate with the Engineer to provide advance notice
to establishments whose access will be impacted by the 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, and into (and out of) the affected establishments.
Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-
10.3)."
7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in streets, roads, or sidewalk areas as shown on the Drawing or if approved by
the Engineer. 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 to the site. 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 base and pavement if the
pavement condition has been compromised during construction."
7-10.3 Street Closures, Detours and Barricades. Add to this Section: "The
Contractor shall submit to the Engineer - at least five working days prior to the pre -
construction meeting - a traffic control plan showing typical closures and detour
plans(s). See Drawings for requirements. The Contractor shall be responsible for
processing and obtaining approval of a traffic control plans from the City's Traffic
Engineer. The Contractor shall adhere to the conditions of the traffic control plan.
Typical closures shall conform to the provisions of the WORK AREA TRAFFIC
CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall
incorporate the following items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted."
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
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and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7-10.7 Notices to Businesses. Ten working days prior to starting work in the
area, the Contractor shall deliver a City provided construction notice to the businesses
within 500 feet of the project, describing the project and indicating the limits of
construction.
The Contractor shall coordinate activities with the restaurant at the end of Balboa Pier.
Access to the restaurant shall be maintained at all times.
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 valid City of
Newport Beach business license.
7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of the
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As -Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up-to-date and reviewed by the Engineer at the time each progress bill is submitted.
Any changes to the approved plans that have been made with approval from the
Engineer of Record or City Inspector shall be documented on the "As -Built" drawings
The "As -Built" plans shall be submitted and approved by the Engineer prior to final
payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
SECTION 9 ---MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid
for each item of work shown on the Proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work, including
restoring all existing improvements, to complete the item of work in place and no other
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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: Work under this Item shall include providing bonds,
insurance and financing, Longshoreman Insurance, establishing a field office, preparing
the SWPPP or BMP Plan and construction schedule, and all other related work as
required by the Contract Documents. Lump Sum.
Item No. 2 Traffic Control: Work under this Item shall include delivering all required
notifications and temporary parking permits, post signs, and all costs incurred notifying
residents and businesses. In addition, this item includes providing the traffic control
required including signs, cones, barricades, flashing arrow sign, K -rail, temporary
striping, flag persons. This item includes furnishing all labor, tools, equipment and
materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of
Newport Beach Requirements. Unit Price per Lump Sum.
Item No. 3 Replace Pile Strap: Work under this Item shall include, but not limited to
furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, removing existing
corroded pile strap and hardware as indicated, salvaging any stainless steel hardware,
disposing of the rest, and replacing with new strap and stainless steel hardware,
including making adjustments to accommodate existing diagonal bracing member,
where occurs, repairing deteriorated bolt holes, and all other work items not otherwise
itemized as required to complete the work in place. Where this item coincides with Item
No. 4, only this item will be paid. Unit Price per Each.
Item No. 4 Replace Transverse or Longitudinal Bracing Bolt: Work under this Item
shall include, but not limited to furnishing all labor, materials, tools, equipment and
incidentals; and providing submittals, procuring, approving, delivering, storing material,
removing and disposing of existing corroded hardware as indicated, replacing with new
stainless steel hardware, galvanized iron spike grid, galvanized malleable iron washers,
and all other work items not otherwise itemized as required to complete the work in
place. Where this item coincides with Item No. 3, only Item No. 3 will be paid. Unit Price
per Each.
Item No. 5 Repair Timber Splice: Work under this item shall include, but not limited
to furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, removing and disposing of
existing corroded hardware, salvaging any stainless steel hardware, removing and
inspecting timber splice member, replacing splice in-kind as directed by the Engineer,
reinstalling splice, installing new stainless steel hardware with galvanized malleable iron
washers, making adjustments for replacing railing post and any additional bolts not
shown, and all other work items not otherwise itemized as required to complete the
work in place. When directed by the Engineer, timber for replaced splice will be paid
under Item No. 12. Unit Price per Each.
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Item No. 6 Install Full Height Pile Wrap: Work under this Item shall include, but not
limited to furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, removing all damaged
existing wrap still remaining, cleaning pile, installing new wrap (petrolatum tape and
outer cover) from mudline to specified elevation, and all other work items not otherwise
itemized as required to complete the work in place. Encasement at mudline as required
by the drawings will be paid per Item No. 8. Some work is underwater at the
approximate depths indicated on the plans. Unit Price per linear foot of wrapped pile.
Item No. 7 Install Partial Height Pile Wrap: Work under this Item shall include, but
not limited to furnishing all labor, materials, tools, equipment and incidentals; and
providing submittals, procuring, approving, delivering, storing material, removing
damaged existing wrap still remaining to sound wrap, cleaning pile, installing new wrap
(petrolatum tape and outer cover), and all other work items not otherwise itemized as
required to complete the work in place. Some work is underwater at the approximate
depths indicated on the plans. Unit Price per linear foot of wrapped pile.
Item No. 8 Wrap Extension At Mudline: Work under this Item shall include, but not
limited to furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, cleaning and preparing
pile, excavating soil at mudline, setting & sealing fiberglass encasement over pile,
grouting, backfilling and clean-up, and all other work items not otherwise itemized as
required to complete the work in place. All work is underwater at the approximate
depths indicated on the plans. Unit Price per linear foot.
Item No. 9 Encapsulation Extension: Work under this Item shall include, but not
limited to furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, cleaning and preparing
pile, excavating soil at mudline, setting & sealing fiberglass encasement over existing
encasement, grouting, backfilling and clean-up, and all other work items not otherwise
itemized as required to complete the work in place. All work is underwater at the
approximate depths indicated on the plans. Unit Price per linear foot.
Item No. 10 Re -nail Wrap: Work under this Item shall include, but not limited to
furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, cleaning exposed portions
of pile, re -attaching wrap with new stainless steel nails, and all other work items not
otherwise itemized as required to complete the work in place. Some work is underwater
at the approximate depths indicated on the plans. Unit Price per Each.
Item No. 11 Pile Collar: Work under this Item shall include, but not limited to
furnishing all labor, materials, tools, equipment and incidentals; and providing
submittals, procuring, approving, delivering, storing material, constructing pile collars at
top of pile, and all other work items not otherwise itemized as required to complete the
work in place. Unit Price per Each.
SP 10 OF 13
Item No. 12 Miscellaneous Timber: As directed by the Engineer, work under this
Item shall include, but not limited to furnishing all labor, materials, tools, equipment and
incidentals; and providing submittals, procuring, approving, delivering, storing material,
constructing additional timber work not otherwise indicated in the drawings and
specifications, and all other work items not otherwise itemized as required to complete
the work in place. Quantity is provided for bid purposes only, and may vary greatly
including none. Unit Price per Board -Foot.
Item No. 13 Pile Shim: As directed by the Engineer, work under this Item shall
include, but not limited to furnishing all labor, materials, tools, equipment and
incidentals; and providing submittals, procuring, approving, delivering, storing material,
constructing shims to fill existing gaps between pile caps and piles, and all other work
items not otherwise indicated in the drawings and specifications. Quantity is provided
for bid purposes only, and may vary greatly including none. Unit Price per Each.
Item No. 14 As Built Plans. Work under this Item shall include a redlined set of
Drawings submitted by the Contractor upon completion of the project. The Drawings
shall reflect all deviations from Contract Drawings made during Construction and show
the exact dimensions, geometry, and location of all elements of the Work completed
under the Contract. As -Built Drawings shall be submitted to the Engineer. An amount of
$3,500 is determined for this bid item. The intent of this pre-set amount is to emphasize
to the Contractor the importance of As -Built drawings. Unit Price per Lump Sum.
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
204-1 LUMBER AND PLYWOOD
Add to 204-1.1.2 Douglas Fir the following: 'Timber shall be Douglas Fir No. 1 with
ACZA or CCA preservative. Sizes shall match members being replaced.
206-3 GRAY IRON AND DUCTILE IRON CASTINGS
Add: "206-3.8 Malleable Iron Washers: Galvanized Iron, conforming to ASTM
A48, as provided by Portland Bolt, Fastenal, Lawler Manufacturing, or equal."
Add: "206-3.9 Spike Grid Timber Connectors: Galvanized iron, 4-1/8" x 4-1/8"
conforming to ASTM A47, grade 32510, and galvanized per ASTM A123; as
manufactured by Portland Bolt Co., Cleveland Steel, or approved equal.
SP 11 OF 13
a. Use single curve spike grid between pile and flat timber members, use flat spike
grid between two flat timber pieces.
b. Install with grid applicator or by hydraulic means.
ADD THE BELOW SECTIONS IN THEIR ENTIRETY:
206-7 STAINLESS STEEL
206-7.1 General. Stainless steel bolts, and misc. hardware shall be AISI 316L.
206-7.2 Hardware: 316L Stainless Steel
Bolts: ASTM A193, Grade 68M Class 1; or
F593, Group 2, Condition A
Washers: Made From 316L Stainless Steel
Nuts: ASTM A194, Grade 8M; or
F594, Group 2, Condition A
Lag screws: ASTM A193, Grade BBM, Class 1
210-6 PILE WRAP
210-6.1 General. Pile wrap system shall consist of an inner barrier of marine grade
petrolatum tape, and an outer cover (80 mils thick) secured with stainless steel nails, as
manufactured by one of the following:
c. Pile -Gard PVC -T with Petrolatum Tape as manufactured by BARRIER Industrial
Marine Products, LLC, 14900 Avery Ranch Boulevard, Suite C200 #46, Austin,
TX 78717, ph: 512-778-5899.
d. SeaShield Series 90 as manufactured by Denso North America, 9747 Whithorn
Drive, Houston, TX 77095, ph: 281-821-3355.
e. or, approved equal.
Systems by other manufacturers providing same or better performance as those listed
may be submitted to the Engineer for review and approval. Approval decision will be at
the Engineer's sole discretion. Failure to approve shall not be grounds for claim and
contractor will be required to use one of those listed above. Approval may be granted
before bid providing all documents needed to make decision are submitted a minimum
of 14 days before bids are due. Approved system(s) will be added by addendum.
210-6.2 Pile Surface Preparation. Prior to application, thoroughly clean and remove
marine growth, old nails, bolts, and any other deleterious material which might prevent
proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure
water blasting and grinding.
SP 12 OF 13
210-6.3 Installation. Install per manufacturer's instructions.
210-7 PILE ENCASEMENT
210-7.1 General. Pile encasement system shall be one of the following:
a. FX -70 Structural Piling Repair and Protection System as manufactured by
Simpson Strong -Tie, PO Box 10789, Pleasanton, CA 94588, ph: 800-925-5099.
b. Five Star Pileform F as manufactured by Five Star Products, Inc., 60 Parrott
Drive, Shelton, CT 06484, ph: 203-336-7900.
c. Denso SeaShield Fiber -Form as manufactured by Denso North America, 9747
Whithorn Drive, Houston, TX 77095, ph: 281-821-3355.
d. or approved equal
Systems by other manufacturers providing same or better performance as those listed
may be submitted to the Engineer for review and approval. Approval decision will be at
the Engineer's sole discretion. Failure to approve shall not be grounds for claim and
contractor will be required to use one of those listed above. Approval may be granted
before bid providing all documents needed to make decision are submitted a minimum
of 14 days before bids are due. Approved system(s) will be added by addendum.
210-7.2 Fiberglass Jacket.
a. Fiberglass material shall meet the following minimum physical properties
Min. Ultimate Tensile Strength ASTM D638 16,000 psi
Min. Ultimate Flexural Strength ASTM D790 25,000 psi
Flexural Modulus of Elasticity ASTM D790 700,000 psi
b. The fiberglass form shall have interlocking tongue -and -grove seam. Thickness
shall be a minimum of 1/8 in. Increase thickness as required to due to
Contractors need and local conditions.
c. The form shall be translucent to provide visual inspection during the pumping of
the grout.
d. The fiberglass form may be manufactured as either a single unit or as two pieces
that shall be joined in the field. The forms placed one above the other shall have
overlapping molded bell (open cavity) to receive a bottom seal gasket. The forms
shall have a tongue and groove closure.
210-7.3 Pumpable Grout. Grout shall be the following based upon the manufacture's
system chosen.
a. Five Star: Cementious Underwater High-strength Grout
b. Simpson Strong Tie: FX-70-6MPTM Multi -Purpose Marine Epoxy Grout
a. Denso: SeaShield 510 UW Grout
210-7.4 Miscellaneous. Seals, grout plugs, hardware and accessories per
manufacturer's instructions.
SP 13 OF 13
210-7.4 Pile Surface Preparation. Prior to application, thoroughly clean and remove
marine growth, old nails, bolts, and any other deleterious material which might prevent
proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure
water blasting and grinding.
210-7.5 Installation. Install jacket, grout, and finish according to the following unless
manufacturer's instructions are more stringent.
a. Install the fiberglass jacket as shown.
b. Drill and install port holes on-site so that the correct location will be obtained. A
threaded port hole secured by bolts or riveted internal flap shall be installed at
required locations.
c. Stand-offs shall be placed around the circumference of the form to provide an
annular space between the pile and fiberglass jacket.
d. The inside surface of the fiberglass jacket shall be clean and free of grease and
dirt. Open and position around the pile.
e. Secured jacket by temporary nylon straps, steel straps or other means to assure
that it will not move or distort during placement of grout. Recommended spacing
is 18 in., or as required by manufacturer.
f. All vertical seams shall be fastened with self -taping screws not exceeding 6 -in.
spacing.
g. Construct a plug at the bottom with epoxy grout or underwater grout as
recommended by the manufacturer to prevent any leaking of grout material
during pumping. Pumping shall not commence until bottom seal is fully cured.
h. After all seals are complete, start pumping at lowest port. Pump grout at a
constant slow rate within allowable pressure ratings. When grout emerges from
next higher port, close current port and move to the next higher port and
continue pumping.
L After the pumping process is completed and the grout has cured, remove all
temporary supports.
j. Finish the top of the fiberglass jacket with the trowelable underwater epoxy
mortar recommended by the manufacturer.