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Home My WebLink AboutC-3236 - 1999 Balboa Pier RepairsJuly 25, 2000 s • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 John S. Meek Company, Inc. 1032 West "C" Street Wilmington, CA 90744 Subject: 1999 Balboa Pier Repair (C -3236) To Whom It May Concern: On January 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 26, 2000, Reference No. 20000046073. The Surety for the contract is Great American Insurance Company, and the bond number is 2601979. Enclosed is the Faithful Performance Bond. �Sin�ceejrely, Leilani I. Brown Deputy City Clerk cc: Public Works Department enclosure 3300 Newport Boulevard, Newport Beach CIT? OF NEWPORT BEACH March 1, 2000 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 John S. Meek Company, Inc. 1032 West "C" Street Wilmington, CA 90744 Subject: 1999 Balboa Pier Repair (C -3236) To Whom It May Concern: On January 25, 2000, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 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 six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 26, 2000, Reference No. 20000046073. The Surety for the contract is Great American Insurance Company, and the bond number is 2601979. Enclosed are the Bidders Bond and the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encls. 3300 Newport Boulevard, Newport Beach • 0 Page 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 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 principiiOpm of Ten Percent of the total amount Bid in Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 1999 BALBOA PIER REPAIRS, Contract No. 3236 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 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 9th day of John S. Meek Company, Inc. Name of Contractor (Principal) Great American Insurance Company Name of Surety 750 The City Drive Orange, California Address of Surety (714) 668 -3395 Telephone South, Suite 300 92868 September 1g 99, Au on d SignaturelIlue u horized Agent Signature Janina Monroe, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) State of Calif orni2 County of Orange On 9 -9 -99 before me, V. M. Campbell, Notary Eubl;r• GATE NAME, TITLE OF OFFICER - E.G., *JANE DOE. NOTARY PUBLIC' personally appeared Janina Monroe NAME(S) 0 personally known to me - OR - ❑ 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), or the entity upon behalf of which the persons) CAv'PBELL acted, executed the instrument. w W LIUMNI. #1200319 D NOTARY PUBJC-CAUFORNLA Co ORANGE COUhf1Y WIT E S my hand and official seal. ro My Comm. E�ires Nov 25, 2D02 it OF NWARY 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 CI ATTORN EY -I N -FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONS ERVATOR ❑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 DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE GIW AMERICAN INSURANCE COMPANYO 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. 0 13868 FOUR 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 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, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name THOMAS C. McCALL K.R. VIODES Address ALL OF COSTA MESA, VICTORIA M. CAMPBELL CALIFORNIA �gINA MONROE This ower of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. Limit of Power ALL UNLIMITED IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of February ,1999 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 5th day of February, 1.999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice 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, 1991 RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time to time, to appoint one or more A ttorneys-In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,, 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 Company may be affixed by facsimile to any power of attornev 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 herebyadopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, 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 510295(11/97) 9th day of September , 1999 • r State of California County of Los Angeles On September 14, 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. .. b.., `n s DIANEEDWARDS F- °f •. OMM.#1091634 W m NOTCARY PVSUC CALIFORNIA -4 ; LOS ANGELES COUNTY Cn MY Cm M CVt "M&r 70.7000 v • • Executed in Four Counterparts PAGE14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 BOND NO. 2601979 LABOR AND MATERIALS PAYMENT BOND WHEREAS., the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to John S. Meek Company, Inc., hereinafter designated as the "Principal," a contract for construcdcn of 1999 BALBOA PIER REPAIRS, Contract No. 3236 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. 3236 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 Great American Insurance Company 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 two hundred sixty-eight thousand, six hundred thirty and 001100 Dollars ($268,630.00), 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 15 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 suft 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 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 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 Principal and Surety, on the 29th day of September , 19 99. John S. Meek Company, Inc. 'L ly) " V %S Name of Contractor (Principal) ri d SignaturelTitle Great American Insurance Company Name of Surety Aut rued Agent Signature 750 The City Drive South, Orange, Ca Address of Surety (714) 740 -3287 Telephone Janina Monroe, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of Orange 0 On September 29, 1999 before me, Patricia M. White, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC- personally appeared Janina Monroe NAME(5) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be th person(jar whose name(*- is/aFc— subscribed to the with; - instrument and acknowledged- to me that 4 /she /&w,. executed the same in Kee her /t#eif authorized capacity('ie and that by Pis her /toe f- signatures} on the instrument th; PAMICIA M. wwE person�S , or the entity upon behalf of which the persons COMMISOM # 112M „� t acted, executed the instrument. omrve MY Cann. Eames MQ 3. M01 . 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 12A TTO R N EY -I N -FACT, ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑ OTH E R: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrrY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • • GUM INSURANCE 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. 0 13868 FOUR 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 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, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name THOMAS C. McCALL K.R. VIODES Address ALL OF COSTA MESA, VICTORIA M. CAMPBELL CALIFORNIA f,ANIN� MONROE This ower o Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. Limit of Power ALL UNLIMITED IN WITNESS W H EREOF the GREAT AM ERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of February 1999 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 5th day of February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that lie 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, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time to time, to appoint one or more Attorneys -ln -Fact to execute on behalfof the Company, as surety, anyand all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,, 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 Company 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 hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, 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 29th 510295(11 /97) day of September 1 1999 0 • State of California County of Los Angeles On September 30, 1999 before me, Dune 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 Comp= y, ?nc.. and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Recorded in the County of Orange, California RECORDING REQUESTED BY AND Gary L Granville, Clerk /Recorder WHEN RECORDED RETURN T0: NO Fee 20000046073 12;59PM 01/26/00 City Clerk 004 00056131 114 59 City of Newport Beach 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard DocOTypes: 015 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and John S. Meek Company, of Wilmington, California, as Contractor, entered into a Contract on September 27, 1999. Said Contract set forth certain improvements, as follows: 1999 Balboa Pier Repair, C -3236 Work on said Contract was completed on December 10, 1999, and was found to be acceptable on January 25, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge i Executed on ( 2i cz, , . ? (: C ( _ at Newport Beach, California. BY City CFerk • TO: Mayor and Members of the City Council FROM: Public Works Department January 25, 2000 CITY COUNCIL AGENDA ITEM NO. 12 SUBJECT: 1999 BALBOA PIER REPAIR, CONTRACT NO. 3236, COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the . Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 6 months after Council acceptance. DISCUSSION: On September 27th, 1999, the City Council authorized the award of the 1999 Balboa Pier Repairs contract to John S. Meek Company, of Wilmington, California. The contract provided for the removal and replacement of nine timber piles (three under Ruby's restaurant), pile caps, bracing and wrapping approximately 1400 linear feet of piles with a protective polyethylene cover. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $268,630.00 Actual amount of bid items constructed: 269,247.00 Total amount of change orders: 23,000.00 Final contract cost: $292,247.00 One change order in the amount of $23,000.00 provided for removal and replacement of two additional piles. These piles were found to be defective after removal of marine growth by divers during construction. SUBJECT: 1999 Balboa Pier Repair, ontract No. 3236 - Completion and Acceptance 10 January 25, 2000 Page 2 The increase in the amount of actual bid items constructed over the original bid amount • resulted from the need for placing additional polyethylene wrap and thereby exceeding the bid item quantities. The final overall construction cost including change orders was 8.8% over the original bid amount. Funds for the project were spent from the Tide & Submerged Land Fund account as follows: Description I Account No. Amount NPT /BAL Pier Inspection /Replacement I 7231— C5100153 $292,247.00 All work was completed on December 10, 1999, the scheduled completion date. Respectfully ;ubmi t PUBLIC WORKS DEPARTMENT Don Webb, Director By: /4/-- Horst Hlawaty, P.E. Construction Engineer f:\ users \pbvA shared\ council \fy99 -00 \january- 25\balboa pier c- 3236.doc 1] P Ci • CITY CLERK 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 15th day of September. 1999, at which time such bids shall be opened and read for 1999 BALBOA PIER REPAIRS Title of Project Contract No. 3236 $190.000.00 Engineer's Estimate oved by Don Webb Public Works Director 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 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 INSTRUCTIONS TO BIDDERS PAGE 1 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. E Ll PAGE 2 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 Contractor's License No. & Classification John S. Meek Company, Inc. Bidder resident ed Signature/Title John S. Meek 9/14/99 Date 0 9 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 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. I /'L-,l �/� / President Bidder Ayt rized Signature/Title PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 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 1997 - 1999 Performed work on Balboa and Newport Beach piers for City of Newport Beach 1999 San Clemente Pier repair 1999 Santa Monica Pier repair 1999 Redondo Beach pier repair John S. Meek Company, Inc. L. / President Bidder Authorized Signature /Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof Los ) Angeles 0 PAGE 6 John S. Meek being first duly sworn, deposes and says that he or she is Press ent of John S. Meek Company , 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. President Bidder Signature/Title Subscribed and sworn to before me thistj` rday of SEPTF —�7 �36�Z 19 0613y �Zty � Notary Public ljS'I 4/44-�, DIANE EDWARDJS' COMM, #1091634 NOTARY PUBLIC- CALIFORNIA � LOS ANOELESCOUNTY En My Comm. F..piraa Mamb 20, 2000 My Commissi n I E PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 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. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1999 BALBOA PIER REPAIRS CONTRACT NO. 3236 CONTRACT PAGE 8 THIS AGREEMENT, entered into this 27th day of September, 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: WHEREAS, City has advertised for bids for the following described public work: 1999 BALBOA PIER REPAIRS Project Description 3236 Contract No. 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: A. 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. 3236, Standard Specifications for Public Works Construction (current adopted 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. B. 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. 0 0 PAGE 9 C. COMPENSATION 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 two hundred sixty-eight thousand, six hundred thirty and 00/100 Dollars ($268,630.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. 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. E. 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 John S. Meek Company, Inc. Public Works Department 1032 West "C" Street 3300 Newport Boulevard Wilmington, CA 90744 Newport Beach, CA 92663 310 - 830 -6323 Attention: Stephen Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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." G. INSURANCE 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. 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 P: PAGE 10 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 9 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) All Coverages 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. 5. 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 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. 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. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. 0 0 Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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. ATTEST: I, CITY APPROVED AS TO FORM: CITY OF NEWPORT BEACH A MunicipA Corporation By: 4 Dennis D. O'Neil, Mayor CONTRACTOR By. A� rized signature and title f:\ users\pbw\shared \contract\masters\formal contract master.doc 09/16/99 A � =��• CERTIFOATE OF INSURANICA ISSUE DATE 6 /1999DD YY) 10/06/1999 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, Aon Risk Services, Inc. of Southern California 707 Wilshire Boulevard, Suite 6000 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, California 90017 (213) 630 -3200 COMPANIES AFFORDING COVERAGE COMPANY A CLARENDON NATIONAL INSURANCE CO. LETTER CODE SUB -CODE COMPANY LETTER B RELIANCE INSURANCE COMPANY INSURED COMPANY C John S. Meek Company, Inc. 1032 West "C" Street LETTER COMPANY Wilmington, CA 90744 D LETTER COMPANY E LETTER COVERAGES 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 (MMIDDM DATE (MMIDDIYI9 GENERAL LIABILITY GENERALAGGREGATE $ 2,000,000 A TNC0698980291 01/0111999 01/01/2000 PRODUCTS-COMPIOPS AGGREGATE $ 1,000,000 COMMERCIAL GENERAL LIABILITY CI-AIMS MADE V? OCCURRENCE PERSONAL 6 ADVERTISING INJURY g 1,000,000 OWNERS B CONTRACTORS PROTECTIVE EACH OCCURRENCE. $ 1,000,000 AGO APLIES PER LOCATION FIRE DAMAGE (ANY ONE FIRE) $ 50,000 �X.C,U COVERAGE MEDICAL E)UPENSE (ANY ONE PERSON) $ 5,000 AUTOMOBILE LIABILITY PB8571929 01/01/1999 01/01/2000 1,000,000 ANY AUTO CSL BODILY INJURY ALL OWNED AUTOS B SCHEDULED AUTOS (PER PERSON) BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (PER ACCIDENT) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE AGGREGATE UMBRELLA FORM $ $ OTHER THAN UMBRELLA FORM $ $ STATUTORY WORKERS'COMPENSATION $ (EACH ACCIDENT) AND THIS CERTIFICA E CANCELS AND EMPLOYERS'LIABILITY SUPERCEDES CE RTIFICATE ISSUED (DISEASE POLICY OMIT) $ (DISEASE EACH EMPLOYEE) OTHER ON; DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS: 2052234144 CONTRACT NO. 3236 1999 BALBOA PIER REPAIRS CITY. ITS OFFICERS, OFFICIALS. EMPLOYEES AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS REGARDING GENERAL LIABILITY AND AUTOMOBILE LIABILITY FOR WORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 NEWPORT BLVD. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY NEWPORT BEACH, CA 92663 OF ANY KIND ON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATT: STEPHEN LUY AUTHOR) R SENTATIV ACORD 25S 131881 (9ACORD CORPORATION 1988 J 0 POLICYNUAfBER TNC0698980291 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: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS SCHEDULE: CONTRACT NO. 3236 1999 BALBOA PIER REPAIRS 4144 (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. CG 20 10 11185 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office 1984 .AcORV CERTIFICA-W OF LIABILITY .. INSU NCgsR LF DATE(MM/DDNY) OHNS -2 09/30/99 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER Wood - Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14192 Franklin Ave., Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Tustin CA 92780 -7044 COMPANY A American Home Assurance James E. Gutmann Phone No. 714- 505 -7000 Fa.No.714- 573 -1770 INSURED COMPANY B COMPANY n�T C ON (V 5 i. John S. Meek Company, Inc. 1032 West "C" Street Wilmington CA 90744 COMPANY D COVERAGES - THIS 1S TO CERTIFY THAT THE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE E PRODUCTS - COMP /OP AGG S COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ EACH OCCURRENCE $ OWNER'S 8 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY (Per penron) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peracciden[) $ HIRED AUTOS NONAWNED AUTOS I H' PROPERTY DAMAGE E GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM i WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STAMI- OTH- TORY LIMITS E EL EACH ACCIDENT S1, OOO,OOO A THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE WC5842086 01/01/99 01/01/00 EL DISEASE - POLICY LIMIT 51,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS *10 days notice of cancellation for non payment of premium.; Waiver of Subrogation in favor of City, its officers, officials, emptoyees & volunteers has been requested from carrier; RE: Contract A3236, JSM Job CERTIFICATE HOLDER CANCELLATION NEWP005 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach *30 DAYS WRITTEjTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department P.O. Box 1768 g AILU OMAIL H NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92659 -1768 OFA ND N MPAN ITS AGENTS OR REPRESENTATIVES. RR P ESE V James E. V _ ACORD 25S (1195) " ACORD CORPORATION 1988 FA C3T -05 -99 TUE 04:33 PM FAX N0. 0 P. 01 CCAL- SURANCE California Insurance License 0256292 -------------------------------------------------------------- COMMERCIAL DEPARTMENT FAX COVER SHEET --------------------------------------------------------------- DATE: 1015/1999 TIME: 4:33 PM TOTAL NO. OF PAGES INCLUDING COVER (7 ) TO FROM FAX NO.: (949)644 -3305 FAX NO.: (714)939.1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shauna Oyler PHONE NO.: (714)940.6828 ---------------------------------------------------------------- EMAIL: c)ames @calsurance.com RE: Certificate of Insurance John S. Meek Company Dear Shallna: Enclosed Is the checked certificate of insurance for the above - captioned contractor. Please note the recommendation on the remarks section. Should you have any questions with regards to this certificate, let me know. Thank you. Celia 333 City Boukvard West, Orange. CA 0 ^2868 - P.O. Box 7048, Orange, CA 92863 -7048 - 714.939-0800- 714.939 -1G64 OCT -05 -99 TUE 04:33 PM FAX NO. P. 02 QCAL-SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT 13EACH. DATE RECEIVED: /O C)WM DEPARTMENT /CONTACT RECEIVED FROM: DATE COMPLETED:J-0/as /q9 SENT TO: If%QMR BY: CEL /R COMPANYIPERSON REQUIRED TO HAVE CERTIFICATE: tip&Aj ME-"d_ GENERAL LIABILITY: A. INSURANCE COMPA \l: �IDD/s�/JR%ID/✓AL I,g(�it�3� B. AM BEST RATING (A VII or areater):A— i {///% C. %DMITTED COMPANY: ( Must be California Admitted) Is company a fled to California? Yes ✓ No__ D. L[Ml'I "S: (Mug be 51,000,000 or greater) What is limit provided? Va00, - & E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included'? Ycs_✓ No F. ADDITIONAL NSURDED WORDING TO INCLUDE: ( The City its officers, agents, officials, employees and volunteers). Is it included" Yes ✓ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Ycs ✓ No H. CAUTION! ( Confirm that loss or liability of the Named insured is not linuted solely by their negligence.) Does endorsement include " solely by negligence" wording? Yes No_ I. NOTIFICATION Of CANCELLATION: Although there is a provision that requires notification of cancellation bi certified mail: per Lauren Farley the City will accept Ole endeavor wording. II. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: Rr",q) BE %(l5OR0,uQE C�OMP/3/�L B. AM BEST RATING (A VII or ;realer):_ -: X /1! C. AMvIITTED COMPANY: (IvtUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No D. LIMITS: ( Must be 51.000.000 minimum BI & PD and 5500,000 UIv1) What is limits provided ?A —.10 D °DD . E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers .agents. officials, employees and volunieers). Is it included:' Ycs _ No ✓ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included'? Yes No ✓ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b% ceaifiod mail. per Lauren Farley the City will accept the endeavor wording. III. WORKERS CONTPENSAI'ION A. INSURANCE COMPANY: B. AM BEST RATING (A VII or greater)_._, _ C. LIMITS Simutory y D. WAVIER OF SUBROGATION (To include). Is it included? Ycs No_✓ >� FOL Lpt11 HAVE ALI, ABOVE REQUIREMF,NTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS NEED TO BE COMPLETED? I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 1999 BALBOA PIER REPAIR CONTRACT NO. 3236 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR 1 of 2 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. 3236 in accord 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization l/W)- Dollars and ivo Cents Per Lump Sum 7 Each Bearing Pile Removal and Replacement @ H ✓ Dollar and `� -Cents $ % /l Per Each `l�Uf�✓ !'l tr'LvP. �✓/= `�,� -.� /f of J� --�.al N� $ So, J00�_ . • 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 2 Each Bearing Pile Stock f @ Dollars and n� Cents $ 2 V `d 0 $ YJ G a Per Each 4. 1300 L.F. Polyethylene Pile Covers 4- Dollars and A Cents $ b 8S� Per Linear Foote 5. Lump Sum Construction — 1999 Balboa Pier Repairs Dollars and iv Cents Per Lump Sum 6. Lump Sum Construction — Ruby's Restaurant l� Dollars and Cents Per Lump Sum TOTAL PRICE IN WRICTTEN / LWORDS I! and IV ° Cents Bidder's Name John S. Meek Company, Inc. $ -3 23v $ `S 0 i 4= C a C 3; 6 , Total Price (Figures) Bidder's Address 1032 West "C" Street, Wilmington. nA 90744 Bidder's Telephone Number 310 -830 -6323 Contractor's License No. & Classification 709L51 9/15/99 1 ,.// President Date Signature & Title 0 TO: Mayor and Members of the City Council C,- 323 September 27, 1999 CITY COUNCIL AGENDA ITEM NO. 13 C: FROM: Public Works Department L = 2 . SUBJECT: 1999 BALBOA PIER REPAIRS - AWARD OF CONTRACT NO. 3236 RECOMMENDATIONS: APP R^VED Approve the plans and specifications. 2. Award Contract No. 3236 to John S. Meek Company, Inc. for the Total Bid Price of $268,630, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $26,000 to cover the cost of unforeseen work. 4. Approve a Budget Amendment to transfer $20,000 from the Beach Replenishment Program (7231- C5100282) to the Balboa Pier Repairs Account (7231- C5100153). 5. Approve a Budget Amendment appropriating $106,130 from the General Fund to the Balboa Pier Repairs Program. DISCUSSION: At 11:00 A.M on September 15, 1999, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low John S. Meek Company, Inc. $268,630 2 American Marine Corp. $334,040 The low total bid amount is 41.38% higher than the Engineer's Estimate of $190,000. The limited number of bidders, the Construction through Ruby's restaurant, and specialized nature of the work contributed to the high bid amount. The low bidder, John S. Meek Company, possesses a General Engineering Contractor's "A" license as required by the project specifications. John S. Meek Company, Inc. has satisfactorily completed similar projects for the City. This project provides for repairs to the Balboa Pier as recommended by Don Hellmers Engineering in their 1998 -99 Pier Inspection Report. The repairs involve removal and installation of timber piles, pile caps, corbels and bracing. The project will also involve the replacement of three piles under Ruby's restaurant. This will necessitate the 0 SUBJECT: 1999 Balboa Pier Repairs —Award of Contract No. 3236 September 27, 1999 Page: 2 removal of the roofing and decking in the restaurant. Due to the needed pier repairs and the exposure from removal of portions of Ruby's roof, it is imperative to complete this work prior to the storm season. The contract specifications provide for completion of all work by December 10, 1999. The City has met with the managers of Ruby's restaurant and is working with them to coordinate the construction activities and replacement of damaged pilings under the restaurant in order to minimize any interference with their operations. In addition, the managers of Ruby's restaurant have indicated their intention to shut the restaurant down for a short time during construction in order to make repairs and their own improvements to the building. The current budget provides $148,500 for pier repairs. To provide the additional funding for this project, it is recommended that funds, in the amount of $20,000, be unencumbered from the previous pier repair project. In addition, funds in the amount of $20,000 should be transferred from the Beach Replenishment Program. The balance of the funding would be advanced from the General Fund. This is a project that may be eligible for reimbursement from the American Trader Oil Spill Settlement Proceeds if all the parties to the settlement agree that the pier repairs are an eligible expenditure. In summary funding is recommended from the following accounts: Respectfully su itte�d'G_e� PUBLIC WORKS DEPARTMENT Don Webb, Director By:� Stephdn L'uy, Associate Civil Engineer Attachment: Project Location Map Bid Summary f:\ users\pbwlshared\ oouncihfy99- 001septemher- 27tpiers o3236.doc Account Number Amount Balboa Pier Repairs (99 -00) 7231- C5100153 $148,500 Balboa Pier Repairs (98 -99) 7231- C5100153 $ 20,000 Beach Replenishment Program 7231- C5100282 $ 20,000 General Fund Budget Amendment $106,130 Total $294,630 Respectfully su itte�d'G_e� PUBLIC WORKS DEPARTMENT Don Webb, Director By:� Stephdn L'uy, Associate Civil Engineer Attachment: Project Location Map Bid Summary f:\ users\pbwlshared\ oouncihfy99- 001septemher- 27tpiers o3236.doc S2 Q 0 y~ �/1gNNEC v O h N m�Q Pq�F /C N x OC fqN V LOCATION MAP CITY OF NEWPORT BEACH omw* S` DATE PUBLIC WORKS DEPARTMENT mpftoym 1999 BALBOA PIER REPAIRS CONTRACT INO. 3236 DRAWING No. EXHIBIT °A° r SZ U W f OWO � LLI F- a 00 W Y Z 0 O LL.3 O� J U m a a 0 E tii m � o w f m 2 J c U L v m u N p � � w O U JC � U °1Nx u N � u Z Q J Q C (OJ W L J y o � m m O � O J O C O d La M °a n .n In �IW 6 F Q trf m O w z CA w Z Q �G Z� t7 Z H Z 7 s0 c Q A F I� h� m w N (� N Q LL N N J LLLLII J J J O r1i c m I d w a E N U ry m ce E O w C N � d > E 1$ C C C In 1 N 10 d 1 Y L 2 c c L p2 p2 2: N 9 8 U U �+I NIMI VI NI Vi E v m�a r E E a m m p8 p 9 C 0 of Newport Beacf NO. BA- 008 BUDGET AMENDMENT 1999 -00 AMOUNT: i12s,13o.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations AND X Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from undesignated fund balance EXPLANATION: This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer $20,000 from the Beach Replenishment Program and appropriate new funds from general fund balance to the Balboa Pier Repairs Program. Reimbursement may be forthcoming from the American Trader Settlement. There are no prior budget amendments. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description • 010 3605 Fund Balance Control $106,130.00 REVENUE APPROPRIAT IONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands - Capital Account Number C5100282 Beach Replenishment Program $20,000.00 Division Number 7231 Tidelands - Capital Account Number C5100153 Newport/Balboa Pier Inspection/Rep $126,130.00 Division Number Account Number • Automadc System Entry. Signed: eel Fln'Anci�ill Approval: Finance clot Date Signed: , Administrative App oval: City Manager e Signed: City Council Approval: City Clerk Date (Sy of Newport BeaCA NO. BA- 008 BUDGET AMENDMENT 4 �J 1999 -00 AMOUNT: ;12s,13o.00 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates NX Increase Budget Appropriations AND Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from undesignated fund balance EXPLANATION: Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer $20,000 from the Beach Replenishment Program and appropriate new funds from general fund balance to the Balboa Pier Repairs Program. Reimbursement may be forthcoming from the American Trader Settlement. There are no prior budget amendments. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Signed: Approval: Finance Signed Manager Signed: ✓ICIU"t7tt_ M, %JQ.l7%6E City Council Approval: City Clerk Amount Debit Credit $106,130.00 $20,000.00 Automatic $126,130.00 i Date C Date Description Division Number 7231 Tidelands - Capital Account Number C5100282 Beach Replenishment Program Division Number 7231 Tidelands - Capital Account Number C5100153 Newport/Balboa Pier Inspection /Rep Division Number Account Number Signed: Approval: Finance Signed Manager Signed: ✓ICIU"t7tt_ M, %JQ.l7%6E City Council Approval: City Clerk Amount Debit Credit $106,130.00 $20,000.00 Automatic $126,130.00 i Date C Date CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 January 6, 2000 American Marine Corp. 1500 S. Barracuda Street Terminal Island, CA 90731 Gentlemen: Thank you for your courtesy in submitting a bid for the 1999 Balboa Pier Repairs (Contract No. 3236) 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, tla LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach