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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 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 (1-800-8/6-68P/) Item 115901 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 c-r,rc<,�x:�cc�;�sasm�.zscscrrna�ras,�;e�.n:ss�:r�c�res�.ce�a�crm�s�nas�x.�c�s�<�crres:csa 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 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: _—_---._--- _------- _---- 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: -&��'z'Z-usc%G§ZS�z�.c+-z u:'�eiz.cz.tY.:<v.C,e-_.zz<�. cCe1.q:t;eLc�l-e:�Zi�tz.t��tY..cu�Gv`�."4C<:Lt.Z<-4`ei e,:Je:zT�<u�-u�✓��e-<��; (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 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: _—_---._--- _------- _---- 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: -&��'z'Z-usc%G§ZS�z�.c+-z u:'�eiz.cz.tY.:<v.C,e-_.zz<�. cCe1.q:t;eLc�l-e:�Zi�tz.t��tY..cu�Gv`�."4C<:Lt.Z<-4`ei e,:Je:zT�<u�-u�✓��e-<��; (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 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 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 OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.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 SP7OF13 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 SP8OF13 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. SP9OF13 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.