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HomeMy WebLinkAboutC-3238 - Balboa Pier Emergency Repair (Bid was under $30K - did not go to Council)0 0 CITY CLERK CITY OF NEWPORT BEACH V - Z cgC1 FpR��P PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3311 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT TABLE OF CONTENTS NOTICEINVITING BIDS .................................................................. ............................... 1 INSTRUCTIONS TO BIDDERS ...................................................... ............................... 2 BIDDER'S BOND .............................................................................. ..............................4 DESIGNATION OF SUBCONTRACTOR( S) .................................... ............................... 5 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............ ............................... 6 NON - COLLUSION AFFIDAVIT ........................................................ ............................... 7 NOTICE TO SUCCESSFUL BIDDER ............................................. ............................... 8 CONTRACT.................................................................................... ............................... 9 LABOR AND MATERIALS BOND .................................................. ............................... 15 FAITHFUL PERFORMANCE BOND .............................................. ............................... 17 PROPOSAL............................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 PAGE 1 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 23rd day of December, 1998, at which time such bids shall be opened and read for BALBOA PIER EMERGENCY REPAIR Title of Project Contract No. 3238 Informal Contract $27,000.00 Engineer's Estimate Approved by '/ William • .. City Engineer Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luy, Project Manager at (949) 644 -3330. 0 PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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. 0 0 PAGE 3 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 709151 A Contractor's License No. & Classification John S. Meek Company, Inc. Bidder �LAO ized Signat elTitle 2/16//98 Date Bond 117 27 95 99 • • PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT' OF THE AMOUNT BID dollars ($ 107 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA PIER EMERGENCY REPAIR, Contract No. 3236 in the City of Newport Beach, is accepted by the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice 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 16th day of December JOHN S MEEK COMPANY, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 City Drive South Orange, CA_ (2768 -4969 Address of Surety 714- 740 -3287 Telephone 19 98 . r President Signature/Title Authorized Agent Signature VICTORIA M CAMPBELL, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) State of California • • County of Orange On December 16, 1998 before me, K. R. Viodes, Notary,Public DATE NAME, TITLE OF OFFICER - E.G„ 'JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell * * * * * * * * * ** NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ to be the person( %) whose names" is /am subscribed to the within instrument and acknowledged to me that Otte /she /fhW executed the same in Mllher /iRiW authorized capacity(M), and that by&tbs /her /bmEixsignatureA on the instrument the person(q, or the entity upon behalf of which the personal K J:,:;;,; acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY -IN -FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUME SIGNER(S) OTHER THAN NAMED ABOVE • • 0 • GMW AWRICAN INSUI -WCE COMPANY 580 WALNUT STREET. CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than No. 013704 THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohin, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. amy and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Companv nn am such bond, undertaking or contract of suretyship executed under this amhorily shall not exceed the limit stated below. Name THOMAS G. MCCALL K.R. VIODES VICTORIA M. CAMPBELL Address Limit of Power ALL OF ALL COSTA MESA, CALIFORNIA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorncy(s) -in -fact named above. IN WITNESS WHEREOF the GREATAMERICAN INSIIRANC' ECOM PANYhascaused these presents tobesigned and at tested by its appropriate officers and its corporate seal hereunto affixed this 10th day of July . 19 96 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 10th day of July, 1996 , before me personally appeared GARY T. DUNBAR, to me known, being duly sworn. deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great .American Insurance Company. the Co in puny described in and which executed the above instrument: that he knows the Seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto be like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great .American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents. oranv one of them, be and herebv is authorized, from time to time, to appoint one ormorr Atrorne es -ln -Fact to c.eecure on behallof the Companv, as surety. any and all bonds, undertakings and contracts o; suretyship, or other written obligations in the nature thereoli to prescribe their respective duties and the respective limits of their authority: and to revoke any such appointment at any' time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any .Secretary or Assistant Secretary of the Companv may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract orsuretyship. or other written obligation in the nature thereof. such signature and seal when so used being herehvadopted by the Companv as the original signature n / 'such officer and the original seal of the Companv. to he valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in (Lill force and effect. Signed and sealed this S10291 0 91, 16th day of December .19 98 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. John S. Meek Company, Inc. �- y rVI ✓/ President Bidder u orized Signature/Title 0 0 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 323B INFORMAL CONTRACT TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number John S. Meek Company has previously performed work for the City of Newport Beach on both the Balboa and Newport Piers. John S. Meek Company, Inc. Bidder President 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT NON - COLLUSION AFFIDAVIT State of California ) ss. County of Los Ange es PAGE 7 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 of California that the foregoing is true and correct. John S. Meek Company, INC. Bidder Subscribed and sworn to before me this Ell A sd Signature/Title . Meek, President day of R 19�� DIANE EDWARDS COMM. #7091634 (� '" •+ _ NO; rtP'' FVBUC -CALIFORNIA ...� M LOS. ANGELES COUN7Y res M mll 20, 2000 My Corwr D PAGE B CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT 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 of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT 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. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. P 0 PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT CONTRACT THIS AGREEMENT, entered into this 11th day of January, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and John S. Meek Company, Inc., hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has solicited informal bids for the following described public work: BALBOA PIER EMERGENCY REPAIR Project Description 3238, Informal Contract Contract No. B. WHEREAS, 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, City and Contractor agree as follows: 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3238, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). 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: Ll Fi PAGE 10 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. 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 Twenty Nine Thousand Nine Hundred Sixty Five Dollars ($29.965.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen Luy (949) 644 -3330 6. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: CONTRACTOR John S. Meek Company, Inc. 1032 West "C" Street Wilmington, CA 90744 -5121 310 - 830 -6323 Contractor, by executing this "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 0 0 7. INSURANCE PAGE 11 (a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. r • PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. (b) Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 0 3. All Coverages 0 PAGE 13 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 0 0 PAGE 14 D. 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. Nothing in this article, nor 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 in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. U1 I Y ULtHK APPRO AS TO FORM: CITY ATTORNEY CITY OF NEWPORT H A Munic'pal- Qorporaf By: % Don ebb Public Works Director CONTRACTOR By: A rized Signature and Title Oki S. Meek, President 0 0 Executed in Four Counterparts PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT BOND N0. 2 60 19 48 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has entered into a contract with John S. Meek Company, Inc. hereinafter designated as the "Principal," for construction of BALBOA PIER EMERGENCY REPAIR, Contract No. 3238 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3238 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, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Twen Nine Thousand Nine Hundred Sixty Five Dollars ($ 29,965.00) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 PAGE 16 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond. as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California, And Surety, for value received, hereby stipwates 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 or the specifications accompanying the same 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 Principaf and Surety, on the 8th day of JANUARY tg 99. T/1� A / JOHN S. MEEK COMPANY, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 The City Drive South, #300 Orange, Ca. 92868 Address of Surety (714) 668 -3395 Telephone fXA Agent Signature K.R. VIODES Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED date Of California - Countv of Orange 1 -8 -99 On before me, GATE u personally appeared K.R. VIODES Janina Monroe TITLE_ CF CFFICER - E.G.. 'JANE OOE. NOTARY PUSUC NAUE ',S) OF SIGNE.(S) personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is4ars- subscribed to the within instrument and acknowledged to me that Yt shetLL�ey executed the same in >slher /� authorized capacity(ies), and that by /her/14erlr signature(s) on the instrument the l J. person(s), or the entity upon behalf of which the person(s) sees acted. executed the instrument. 2 , forrua .. ,- ,..., y WITNE4S rr hand and official seal. NOTARY OPTI'DNAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORP,ORATE OFFICER TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL EX ATTORNEY -IN -FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) • CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles On January 11, 1999 before me, Diane Edwards Notary Public, John S. Meek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as President of the John S. Meek Company, Inc., and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 0 • • • GZ MMARICAN INSURMCE COMMY 580 WALNUT STREET • CINCINNATI, OHIO 45202 . 513- 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than No. 013704 THREE PO WER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, ans and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Compan%on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name THOMAS G. MCCALL K. R. VIODES VICTORIA M. CAMPBELL Address Limit of Power ALL OF ALL COSTA MESA, CALIFORNIA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN I NSG RAMC' COM PAN Y hascaused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 10th day of July .19 96 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 10th day of July, 1996 , before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great .American Insurance Company, the Company described in and which executed the above instrument that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, theseveral Division Vice Presidents :md Assistant Vice Presidents, oranv one ofthem, he and herehv is a athorized. from tune to time, to appoint one or more A Ito rnet s -In -Fact to c.crcure on bchall �,fthe Companv, as surety. am andall bonds, undertakings and contracts ofsuretvship, or other written ohligatinns in the nature thereof to prescribe their respective dtnics and the respective limits of their authority; and to revoke am such appointment at anv time. RESOLVED FURTHER: That the Companv seal and the signature of an} of the aforesaid officers and am•Secretnn at.4ssistant . Secretary of the Companv may be affixed by facsimile to anv power of atlornzv ur certificate of eahergi +en ho the execution of any bond, undertaking, contract orsuref vship, orother written obligation in the nature thereof: suchsignatureand.seal uhen so used heing herebv adopted by the Companv as the original signature otsuch officer and the oaiginaf Scal of the Compam. to he valid and binding upon the Company with the same force and effect as though rnanually affixed. C ERJIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 8th Sm'9P14 91i day of JANUARY . 19 99 Exeucted in Four Co• erparts • PAGE 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 INFORMAL CONTRACT BOND NO. ? 60 19 48 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 431 .00 being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of Califomia, has entered into a contract with, John S. Meek Company, Inc. hereinafter designated as the "Principal ", for construction of BALBOA PIER EMERGENCY REPAIR, Contract No. 3238 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3238 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW. THEREFORE, we, the Principal, and _ GREAT AMERICAN_ INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and f`.rmly bound unto the City of Newport Beach, in the sum of Twenty Nine Thousand Nine Hundred Sixty Five Dollars ($ 29,955.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 0 0 PAGE IS As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 or to the specifications accompanying the same 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 six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th dayof_ JANUARY _ 1 999 JOHN S. MEEK COMPANY. INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE u,horized Signaturelfitle COMPANY ( g Name of Surety 750 The City Drive South, #300 Orange, Ca. 92868 Address of Surety (714) 668 -3395 Telephone Authorized Agent Signature I.R. VIODES, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED V';4.v OP California _ • CGunty of Orange On 1 -8 -99 before me, Janina Monroe DATE .w.VE. TITLE OF OFFICER - E.G., '7ANE DOE. NOTARY PUSUC personally appeared K.R. VIODES NA -: EiS1 OF SIGNEF(S) personally known to me - OR -E! proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isjar4- subscribed to the within instrument and acknowledged to me that h�heLtl-ey C :•.: s >� executed the same in ,bi5/her/ Ir authorized capacity(ies), and that by t /her /+ Ir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted. executed the Instrument. 1rv4. WJTiV!�SS m� hand and official seal. OF NOTARY OP7ONAL Though the data below is not required by law, 'R may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑INDIVIDUAL ❑CORP,ORATE OFFICER TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL 7ATTO RN EY -I N -FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF AT DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Los Angeles On January 11, 1999 before me, Diane Edwards Notary Public, John S. Meek, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity as President of the John S. Meek Company, Inc., and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. y ..' ISSUE DATE (MM /DDIYY) i1 1112/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Aon Risk Services, Inc. of Southern California RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 707 Wilshire Boulevard, Suite 6000 --- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, California 90017 RECEIV (213) 630 -3200 COMPANIES AFFORDING COVERAGE JAN 1 3 LETTE ( A CLARENDON NATIONAL INSURANCE CO.� ✓�� CODE SUB -CODE B RELIANCE INSURANCE COMPANY INSURED NFWPORT BEACH A C John S. Meek Company, Inc. 1032 West "C" Street E ER Wilmington, CA 90744 COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMroOIYY) DATE(MMMOM) A GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY TNCO698980291 1/1/99 1/1/2000 PROOUCTSCOMWOPS AGGREGATE $ 1,000,000 CUIMS WIDE OCCURRENCE PERSONAL 8 ADVERTISING INIURY $ 1,000,000 .,._ ONMER$& CONTRACTORS PROTECTIVE EACH OCCURRENCE $ 1,000,000 � AGO APLIES PER LOCATION FIRE DAMAGE (MY ONE FIRE) $ 50,000 �i X,C,U COVERAGE MEDICAL EXPENSE (ANY ONE PERSON) $ 5,000 AUTOMOBILE LIABILITY PB8571929 1/1/99 1/1/2000 $1'000'0D0 ANY AUTO CSL ALL OWNED AUTOS BODILY INIURY B SCHEDULEDAUTOS (PERPERSOM HIRED AUTOS BODILY IMURY NON -OWNED AUTOS (PER ACCIDENT) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY i`..... __ - i[;i[`r EACH AGGREGATE OCCURRENCE UMBRELLA FORM t $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY AND $ (EACH ACCIDENT) EMPLOYERS'LUIBILITY $ (DISEASE POLICY LIMIT) $ (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS: 2052231973 RE: BALBOA PIER EMERGENCY REPAIR CONTRACT #3238 JOB #1704 CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE TO BE COVERED AS ADDITIONAL INSUREDS AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. THIS COVERAGE IS PRIMARY. .. C�TR7lFICAT@ Nt1L ©ER - ' CANCq:taTtON - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT. BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL PUBLIC WORKS DEPT. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. BOX 1768 - BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY NEWPORT BEACH, CA 92658 -8915 OF ANY KIND ON THE COMPAI ITS AGENTS OR REPRESENTATIVES. AUTHORI R P ESENTA E I5GnRD AJ POLICYNUMBER TNCO698980291 0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, RE: BALBOA PIER EMERGENCY REPAIR EMPLOYEES AND VOLUNTEERS CONTRACT #3238 JOB #1704 1978 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Primary Insurance Clause: It is further agreed that the insurance provided by this endorsement is Primary. Other insurance afforded to the Additional Insured shall be excess of, and does not contribute with, the insurance provided by this endorsement. Severability of Interest: The Limits of this policy apply to the Insured: a) As if each Insured were the only Named Insured; and b) Separately to each insured against whom claim is made or'suit' is brought. Blanket Contractual Liability Clause: It is also understood that Contractual Liability Coverage provided by this endorsement includes insurance for the Indemnification & Hold Harmless agreement contained in the Subcontract Agreement. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc. 1984 01%12.99 15:44 $714 557 4132 WOOD- GUTMANN INS I& in 0 002 %003 CORD- CERTIFICAIT OF LIABILITY IN.SURANCEQSR LF. DAFRAMI�� JOHNS -2... Ol 1z 99 PRODUCER THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION Wood - Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3100 Bristol Street, Suite 390 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Costa Mesa CA 92626 COMPANY A American Home Assurance COMPANY James E. Gutmann Pnvne Ne. 714 -557 -0800 Fax No 714- 557 -4132 INSURED '— B COMPANY John S. Meek Company, Inc. C 1032 West "C" Street Wilmington CA 90744 _ COMPANY Q COVERAGES _.. ,.. .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE D5TEI7 BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ' CERTIFICATE MAY Be ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH _POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. I CO L1R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE (MMIODTYY) POLICY EXPIRATION DATE IMWDD!'YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE S PRODUCTS COMPIOP AGG T I` J CLAIMS MADE 0 OCCUR PERSONAL 6 AOV INJURY S EACH OCCURRENCE S OWNER'S A CONTRACTOR'S PROT FIRE DAMAGE (Any one Tiro) $ MED E(P (Any one Perron) $ AUTOMOMILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ BODILY INJURY (Pe, penan) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IN, ac nd.no S HIRED AUTOS NON.GWNED AUTOS PROPERTY DAMAGE 5 GARAGE UABILITY AUTO ONLY ACCIDENT f OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY � Tpq T DER' EL EACH ACCICENT 5 1,000,000 A PARTNETHE PROPRIETOR! RSIEXECLITIVE INCL WC5842006 01/01/99 01/01/00 EL DISEASE - POLICY LIMB S1,ODO QQQ EL DISEASE. EA EMPLOYEE 111,000,000 OFFICERS ARE EXCL I OTHER DESCRIPTION OF OPERATIONS /LOCATION$A'EHICLESISPECIAL ITEMS RE: Job #1704, Balboa Fier (Contract attached #3238); Waiver of Subrogation is CERTIFICATE HOLDER CANCELLATION NEWF005 SHOULD ANY OF THE ABOVE DESCRIBE[) POLICIES BE CANCELLED BEFORE THE Administrative Manager EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Publiu Works Dept City o£ Newpeart Beach •30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O. Box 1766 BUT FAILURE TO MAIL S NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92659 -1768 F V D PoNT MPAN ITS AGENTS OR REPRESENTATIVES. TMO ESE J �E v V ACOR025 -5 (1(9S) `. ACORO. CORPORATION 1988:'. -.01, 12/99 15:45 $714 54192 WOOD- GUTMANN INS • Q003/003 1 i WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY POLICY NO. WC5842086 WAIVER OF OUR RIGHT 1'0 RECOVER FROM OTHERS ENDORSEMENT CAUFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that YOU perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the reminueration of your employees while engaged in the work described in the Schedule. SCHEDULE Person or Organization Job Description City of Newport Beach ( "City ") its officers, officials, Balboa Pier, Contract #3238 employees and volunteers for losses arising from work performed by Contractor for the City This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. INSURANCE COMPANY: AMERICAN HOME ASSURANCE INSURED: JOHN S. MEEK COMPANY POLICY NUMBER: WC5842086 EFFECTIVE .DATES: 1/1/99 TO 1 /1 /00 ENDORSEMENT EFFECTIVE: 1/1199 Waiver of Subrogation WGIoo1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA PIER EMERGENCY REPAIR CONTRACT NO. 3238 Informal Contract To the Public Works Director City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 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. 3238 in accord with the Plans and Special Provisions, and will take in full payment therefore the following price for the work, complete in place, to wit: ITEM 1. Lump Sum For furnishing all plant, tools, equipment, transportation, materials and labor including all removals, disposal and other work required to perform the contract work in accordance with the drawings and specifications, excepting two piles furnished and transported by the City to the job site. TOTAL PRICE IN WRITTEN WORDS 1 ;' �JDolla� ,}elro � 7//01),— and o_v _ Cents $ los. Total Price Bidder's Name John S. Meek Company, Inc. Bidder's Address 1032 West "C" Street, Wilmington, CA 90744 Bidder's Telephone Number 310 -930 -6323 Contractor's License No. & Classification 71091 A 12/15/98 President Date '/' rized Signature &Title 0 0 CITY OF NEWTORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 January 19, 1999 W. W. Stephenson Co., Inc. 1305 E. Burnett Street Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Pier Emergency Repair (Contract No. 3238) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach