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Home My WebLink AboutC-4063 - Amethyst Avenue - South Bayfront Motorized Tide Valve ReplacementOFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 25, 2011 Mr. John S. Meek John S. Meek Company, Inc. 14732 Maple Avenue Gardena, CA 90248 Subject: AmethystAvenue - South Bayfront Tide Valve Replacement (C -4063) Dear Mr. Meek: On January 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 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 one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 2, 2010. Reference No. 2010000052171. The Surety for the contract is Great American Insurance Company and the bond number is CA1572925. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 BOND NO. 1767465 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 870.00 being at the rate of $ 11 .3 0 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to John S. Meek Company, Inc., hereinafter designated as the "Principal ", a contract for construction of AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT, Contract No. 4063 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. 4063 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 firmly bound unto the City of Newport Beach, in the sum of Seventy -Six Thousand, Nine Hundred Seventy -Two and 901100 Dollars ($76,972.90) 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. 28 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 one (1) year 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 17th day of February , 2009. John S. Meek Company, Inc. (Principal) Great American Insurance Company Name of Surety 750 The City Drive South, Suite 300 Orange, CA 92868 -6905 Address of Surety (714) 740 -3279 Telephone JA/ i - ) PW�,',klw 7- uthorized Signature/Title Authorized Agent Signature Rhonda C. Abel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT State of California County of Orange )Ss. On February 17, 2009 before me, K. Luu Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.:. • Ic. L ° Commission # 1778647 Notary Public - California € orange County a A MYComm. Expires Nov 6, 2011 Signature !Seal! OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification _ Credible W itness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO President / Vice- President / Secretary / Treasurer Other: Other Thumbprint of Signer Check here If no thumbprint or fingerprint Is available. !l& AASlitle Notsr; Preparation Ine: - (800) M,5, -845b allsiatenotary.00m J ACKNOWLEDGMENT /. I// I/// I/ 11/ I// I/ I///// / /1 / / / / /\ /I /I /I / /..m1. /I /Y / / //I /11111 /I / //I /1111 State of Califo is County of Ccv_} ss. rl On before me, K Notary Public, personally appearedM_ who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s)js/are subscribed to the within instrument and acknowledged to me that e/ he /they executed the same in if j/her /their authorized capacity(ies), and that by ia/her /their signatures(t) on the instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ENLY J. WHITE Cemn+kaloa # tefasso Macy Poft • CtlBOmla Loa Aaoas Coring COrrurt. Expires - - t Signature tseaq 1 ....................... 1..... 1........ ..................1............ a., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification — Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney —CEO/CFO/COO _ President / Vice- President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here It no thumbprint or fingerprint is available. IDLE: A6slale tJnlary F §Ppamunn. Inc - tfl[101 '8& &756 - www.allsletenotary.com WS)"• • OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 2, 2010 Mr. John S. Meek John S. Meek Company, Inc. 14732 S. Maple Avenue Gardena, CA 90248 Subject: Amethyst Avenue - South Bayfront Motorized Tide Valve Replacement (C -4063) Dear Mr. Meek: On January 26, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 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 one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 2, 2010, Reference No. 2010000052171. The Surety for the contract is Great American Insurance Company and the bond number is 1767465. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN QUADRUPLICATE Premium included in charge for Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 BOND NO. 1767465 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 construction of AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT, Contract No. 4063 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. 4063 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 Seventy -Six Thousand, Nine Hundred Seventy -TWo and 901100 Dollars ($76,972.90) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 99 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 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 17th day of February , 2009. John S. Meek Company, Inc. (Principal) Great American Insurance Company Name of Surety 750 The City Drive South, Suite 300 Orange. CA 92868 -6905 Address of Surety (714) 740 -3279 Telephone � fG� orized Signature/Title Aut orized Agent Signature Rhonda C. Abel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT State of California County of Orange } ss. On February 17. 2009 before me, K. Lou Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature K. LUU Commission # 1778841 -� - Notary Public -California i Orange County ' Ny Comm. Expires Nov b. 2011 iseal; %f)06 A:IcPaie Naar•, r'reparatiai 7m. - (800! 6956 -N466 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification _ Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President / Vice- President / Secretary / Treasurer Other: Other Thumbprint of Signer Check here if no thumbprint or fingerprint is available. - wvnry allslatenntaryrgm ACKNOWLEDGMENT State of Calif�o/rnia/� County of do < N ( ca ) ss. On . I Z v d � before me, 1A 41.: Notary Public, personally appeared x17�a�i who proved to me on the basis of satisfactory evidence to be the person($) whose name(p) L*re subscribed to the within instrument and acknowledged to me that /she /they executed the same in his/her /their authorized capacity(ies), and that by i her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(d) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CoAw mIV J. 1E12W I ,a NtgMY tic - C>tilTOmie Lbs An" County ��,�� amm. Es Tres SeP 12, 2012 Y Signature (seal) ...r ... ............................... •... u.... •..•u.r.r..........uur OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification — Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attomey CEO /CFOICOO President/ Vice- President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer o Check here if no thumbprint or fingerprint is available. B, 2r*t AGSiata Nnlary Preparanon. Inc • 1.800) ri89-e458 • www.alistatenotary.com GREAT AMERICAN INSURANCE COMPANY(E) Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202. 513- 3695000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than NINE No. 0 14473 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 attomeyin -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 executeduader this authority shall not exceed the limt stated below. Name Address Limit of Power JAMES A. SCHALLER JANE KEPNER NANETTE MARIELLA -MYERS RHONDA C. ABEL ALL OF ALL MIKE PARIZINO JERI APODACA IRVINE, $75,000,000.00 LISA CRAIL RACHELLE RHEAULT CALIFORNIA LINDA ENRIGHT This Power of Attorney revokes all previous powers issued it behalf of the attomey(s )-in -fact named above. 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 affixedthis 3itl day of, NOVEMBER , 2008. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVIDC.KITCHIN (5134124602) On this 3'a day of NOVEMBER , 2008, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior 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 of the said Company; that the seal affixed to the said instrument is such corporate 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 1, 1993. RESOLVED: That the Division President, the Dtviston Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Pace Presidents, or any one of them, be and hereby is amhorizedfrom time to tune, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, midertakings and contracts of suretyship, or other written obligations in the nations thereof- to prescribe their respective duties and the respective limits of their mahortly; and to revoke any such appovlmient at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers amt airy Secretary or Assistant Secretary of the Company may be affred by facsimile to airy power of attorney, or certificate o neither given for the execution of any bond undertaking, contract or suretyship 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 ofsuch ojicer and the orlgmal seal of the Company, to be valid and bmdrng upon the Company with the sameforce and effect as though matmally armd I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttomey and the Resolutions ofthe Board of Directors of March I, 1993 have notbeen revoked aid are now in full force and effect. Signed and sealed this S 1029T (tit01) day of, FEB 17 2009 t OE 410..6 ixt Jz'aiF<leCounty y, co der RECORDING REQUESTED BY AND NO tE WHEN RECORDED RETURN TO: 2010 FE6(,L #o( 1f or / 1 1 1 1 , am 02/02/10 Z76 418 'Z City Clerk 0 s 0 00 0 00 0.00 0.00 0.00 0.00 City of Newport Beach t1CdE THE CITY CI Pw 3300 Newport Boulevard CITY C, R,. Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, John S. Meek Company, Inc, of Gardena, California, as Contractor, entered into a Contract on February 10, 2009. Said Contract set forth certain improvements, as follows: Amethyst Avenue — South Bayfront Tide Valve Replacement (C -4063) Work on said Contract was completed, and was found to be acceptable on January 26, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ; / ID at Newport Beach, California. BY o(�L- c, Iq January 27, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 7 • OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notices of Completion for the following projects: • Amethyst; Avenue - South- Bayfront MotorizedTide Valve Replacement (C- 4063), , • Corona del Mar Streetlight Improvement Project (C -4090) • Via Lido, Via Antibes, Via Oporto & Via Malaga Street Rehabilitation (C -4096) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard - Post Office Boat 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY ANC WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 RECEIVED 2010 FEB — 9 Ate q. 40 OFFICE OF THE CITY CI ARK CITY C J "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, John S. Meek Company. Inc, of Gardena, California, as Contractor, entered into a Contract on February 10, 2009. Said Contract set forth certain improvements, as follows: Amethyst Avenue — South Bayfront Tide Valve Replacement (C-4063) Work on said Contract was completed, and was found to be acceptable on January 26, 2010, 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 ublic orks 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. Executed onQUI /W D lJl c n - BY V I City Clerk at Newport Beach, California. y p0 Rp`i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT JAN 2 6 2!?1.11 Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 -644 -3321 or ftse @newportbeachca.gov SUBJECT: AMETHYST AVENUE -SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT- COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4063 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Construction Contract Summary: Discussion: On February 10, 2009, the City Council authorized the award of this contract to John S. Meek Co. Inc. (Meek). Under this contract, Meek removed interfering portions of existing valve vault, removed and replaced the existing slide gate, removed and installed an electric actuator, constructed valve vault modifications, installed new valve vault hatch, installed conduits, connected electrical facilities, miscellaneous concrete improvements, installed a new vault ladder, repaired surface improvements, and other miscellaneous tasks associated with the project construction. Time (days) Construction Contract Final Cost at Benchmark Actual Contract Under ( or Award Amount Completion Target Time (days) Over + + $76,972.90 $77,349.40 Contract Contract 127 -83 +10% +0.5% Discussion: On February 10, 2009, the City Council authorized the award of this contract to John S. Meek Co. Inc. (Meek). Under this contract, Meek removed interfering portions of existing valve vault, removed and replaced the existing slide gate, removed and installed an electric actuator, constructed valve vault modifications, installed new valve vault hatch, installed conduits, connected electrical facilities, miscellaneous concrete improvements, installed a new vault ladder, repaired surface improvements, and other miscellaneous tasks associated with the project construction. Amethyst Avenue — South Bay Front Motorized Tide Valve Replacement Completion and Acceptance of Contract No. 4063 January 26, 2010 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. The contract construction costs were: Original bid amount: Actual amount of bid items constructed: Total amount of one change order: $76,972.90 $76,972.90 Final contract cost: $77,349.40 One change order in the amount of $376.50 was approved for the installation of a galvanized catch basin protection bar. The final contract cost, including one change order, was essentially the same as the original bid amount. A summary of the project schedule is as follows: Estimated completion date per Master Schedule: Project award for construction: Date of Notice To Proceed: First day of work: Estimated completion date on Notice To Proceed Actual substantial construction completion date: October 9, 2009 February 10, 2009 October 9, 2009 October 19, 2009 April 10, 2010 December 1 T200 While the project was awarded to Meek in February 2009, the start of construction did not occur until mid- October due to the tide valve manufacturer's inability to produce a valve unit.that complies with the design specifications. There were also concerns over the gate unseating head pressures. Meek performed well in constructing the improvements as originally designed. Additional time was granted for the change order work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Restoration or Rehabilitation) of the CEQA Implementation Guidelines. This Exemption covers the restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared construction notices were distributed by the contractor to the nearby residents advising them of the work. Amethyst Avenue —South Bay F...., it Motorized Tide Valve Replacement Completion and Acceptance of Contract No. 4063 January 26, 2010 Page 3 Total Proiect Cost In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $77,349.40 Incidentals 153.84 Total Project Cost $77,503.24 Funding Availability: Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7012- C2502005 $ 77,349.40 Prepared by: :?/Z — I one se Pripal Civil Engineer ��TI1.TiitfiMM E CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 13th day of January, 2009, at which time such bids shall be opened and read for AMETHYST AVENUE - SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT Title of Project Contract No. 4063 $90,000.00 Engineer's Estimate *hen G. Badum lic Works Director Prospective bidders may obtain one set of bid documents for $10.00. at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luy, Project Manager at (949) 644- 3330 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httpL/Lyww.cjty.newport-beach.ca.us CLICK: e-onlineservices/e-bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................7 NON -COLLUSION AFFIDAVIT.....................................................................................11 DESIGNATION OF SURETIES.....................................................................................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA.......................................................................15 INFORMATON REQUIRED OF BIDDER......................................................................16 NOTICE TO SUCCESSFUL BIDDER..........................................................................19 CONTRACT..................................................................................................................20 LABOR AND MATERIALS BOND................................................................................. 26 FAITHFUL PERFORMANCE BOND.............................................................................28 PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 O►: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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 3 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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 B HAZ Contractor's License No. & Classification John S, --,,,Leek Company, Inc. Bidder President Authorized Signature/Title ri 1-12-09 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT, Contract No. 4063 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of , 2009. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ 10% of bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT, Contract No. 4063 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 8th day of January , 2009. JOHN S. MEEK COMPANY, INC. Name of Contractor (Principal) GREAT AMERICAN INSURANCE COMPANY Name of Surety 750 The City Drive South, Suite 300 Orange, CA 92868-6905 Address of Surety _(714) 740-3279 Telephone A-, J Au rized Signature/Title Authorized Agent Signature Rhonda C. Abel, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On JAN 0 8 2009 personally appeared before me, K. Luu, Notary Public (Here insert name and title of the officer) Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(g) whose name(5t) is/m subscribed to the within instrument and acknowledged to me that lra/she/tom executed the same in bis/her/thein authorized capacity0o, and that by bi�/her/tom signature(s) on the instrument the person(R), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand/and official seal. Signature of Notary Public �` 1u.Cy�nt�t{i K. LUU E Commission # 7778641 t[' Ei`gl=; Notary Fpur.}iiC C 8 :olifornia rar)9e County D 1'r°:•mm. [,Ores Nov b, ?_011 (Notary Seel) -z��rn��-�;,� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) IX Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they— is /ere) or circling the correctforms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 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 NINE No. 0 14473 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 attorneyin-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 Address Limit of Power JAMES A. SCHALLER JANE KEPNER NANETTE MARIELLA-MYERS RHONDA C. ABEL ALL OF ALL MIKE PARIZINO JERI APODACA IRVINE, $75,000,000.00 LISA CRAIL RACHELLE RHEAULT CALIFORNIA LINDA ENRIGHT This Power of Attorney revokes all previous powers issued it behalf of the attomey(s)-in-fact named above. 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 3`d day of, NOVEMBER , 2008. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412-4602) On this 3' day of NOVEMBER , 2008, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior 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 of the said Company; that the seal affixed to the said instrument is such corporate 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 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -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 attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship 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 ofsuch 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 I, EVE CUTLER ROSEN, Senior Vice President, General Counsel & 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 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of, JAN 0 8 2009 . S 1029T (11101) CALIFORNIAiACKNOWLEDGMENT State of California County of Los Angeles On a._ Uri before me, Emily J. Mite, Notary Pb� is Date Here Insert Name and Title of the Officer ' personally appeared John S. Meek ILWEIYJ. ��Commission * 1012590 NoUry Public - Celifornfe lbs Angew County Conan, E Tres $eP 12, 2012 who proved to me on the basis of satisfactory evidence to be the person%) whose name(M is/M subscribed to the within instrument and acknowledged to me that he/NWM executed the same in his/XiOM authorized capacity(ba), and that by his/b(Wii, signatureks) on the instrument the personj$), or the entity upon behalf of which the person(so acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand \,and official seal. Signature Place Notary Seal Above V v Signalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: m/ 2r,1k (ti,� (go("-? Document Date: I - (9 - 09 Number of Pages: Signer(s) Other Than Named Above: 9.{A(Ya Q 6,e -C Capacity(ies) Claimed by Signer(s) Signer's Name: JQhn S. Meek ❑ Individual X Corporate Officer — Title(s): �?A c4c r ` ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: John S. Meek Company, Inc, Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402-Chatsworth,CA91313-2402-wvvw.NationalNotary.org Item#5907 Reorder: Call Toll -Free 1-800-876-6827 Best's Rating Center - Comp -y Information for Great American Ir-larance Com... Page 1 of 2 Rating Center Rating Methodology InClu:_,try Research Ratings Definition. ► _......._....__.....�....................................... Search Bests Rating Press Releases Related Products ' View Ratings: Financial Strength Issuer Credit Securities Advanced Search Great American Insurance Company la member of Great American P & C Insurance Grp) A.M.Best p: 02213 NAIL q: 16691 FEIN p: 310501234 Address: 580 Walnut Street, 12th Floor Cincinnati, OH 45202 Industry u Regional _.__.._____..._-__....._...._........... ._...._. Country Risk .structured Finance Best's Ratings How to Get Rated Financial Strength Ratings View Definitions Rating: A (Excellent) _ Ct7rltaCt an A.n%:tiyt 1 Affiliation Code: g (Group) I Financial Size Category: XIII ($1.25 Billion to $1.5 Billion) Outlook: Stable Action: Affirmed Effective Date: December 17, 2007 Phone: 513-369-5000 Fax: 513-369-3600 Web: www.greatamericaninsurance.com Other Web Centers: Seler This rating is assignad to companies Thal have. -"' "' r opinion. a x1111111 ability to meet their r"tr ongoing obhg,t,onsto policyholders. Issuer Credit Ratings View Definitions Long-Term:a Outlook: Stable Action: Assigned Date: December 17. 2007 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. -j `' AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Fin rationale along with comprehensive analytical commentary, detailed business overview and key financial data. s Report Revision Date: 01/14/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional (Unabridged) Archive. _ Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity and reserve analysis. ✓�'r'� Data Status: 2008 Best's Statement File - P/C, US. 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B1=0&AMBNum=2213&AltSrc=... 01/15/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 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. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: ` ' a�` .2 7 8 0 Phone: (1714-) 5-05--l-711 State License Number: '71- g 63 3 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: John S. Meek Company, Inc. Bidder President Au ized Signature/Title 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name John S. Meek Company, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description San Juan Creek Sheet Pile Protection Sheet pile for pipeline protection in San Juan Creek Approximate Construction Dates: From 12-18-0$ To: in progress (40 to 50% complete) Agency Name Santa Margarita Water District 949 - or Contact PersonRon Meyer or Bart Lantz Telephone ( 094) 456504 Original Contract Amount $$42, 320 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 7 No. 2 Project Name/Number Sycamore Avenue WO:: E6000919 Project Description Emergency contract for soldier beam and concrete panel Approximate Construction Dates: From 6/2008 To: In progress Agency Name City of Los Angeles Contact Person Alan Galiano Telephone ( ) 213 847-1933 Original Contract Amount $1. M Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) as of 12-31-08 $1,368,903 based on approved CCOs Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number C;al trans 12-OF8204 Project Description Sub to O'Donnell Construction for pile driving Approximate Construction Dates: From 4-30-08 To: 10-21-08 Agency Name Caltrans (corporate o fi cr� ) Contact Person Hossain Mansouri Telephone 049) 5c)8-3587 (field office) Original Contract Amount $ 152 , 02 Final Contract Amount $ 152,021 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No F No. 4 Project Name/Number San Clemente Rail Corridor (11410 ) Project Description Rail corridor pedestrain passing paths Approximate Construction Dates: From 6/2007 To: 12/19/08 Agency Name City of San Clemente Contact Person Ke,;},., RPyers Telephone ( ) 760 578-3183 3,177,191 Original Contract Amount $ Final Contract Amount $3,762, 501.87 If final amount is different from original, please explain (change orders, extra work, etc.) approved contract change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Contract B - Prop 42 (7 locations) Project Description Emerg ncy geo-technical/slope protections or repair Approximate Construction Dates: From 6-4-07 To: 10-23-08 Agency Name City of Los Angeles Contact Person Gene Edwards Telephone ( ) 231 847-0463 Original Contract Amount ' 989,58Final Contract Amount $ 2,342,742 If final amount is different from original, please explain (change orders, extra work, etc.) Each of the 7 locations had allowances and s_me were not used. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 9 No. 6 Project Name/Number Contract 3657 Project Description Coping replacement, bulkhead repairs, and wall replacement (4 locations Approximate Construction Dates: From a -j _n7 To:—.12-31-08 Agency Name City of Newport Contact Person Marcus Puglisi Telephone 949 644-3331 Original Contract Amount $ 836, 000 Final Contract Amount $810,164.80 If final amount is different from original, please explain (change orders, extra work, etc.) Change in scope of work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. John S. Meek Company, Inc. J�� G President Bidder Aut orized Signature /Title 116JYRW VY -30V V dzvlh� uRe-iftl • "9II1WADO ikiowwr - 040 0"0;3 #W*0A .� a 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles John S. Meek being first duly sworn, deposes and ays that he or she is President of John S. Meek Company,nc •, 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 ke foregoing is t{ue and correct. John S. Meek Company, Inc. Bidder Subscribed and sworn to (or affirmed) before Signature/Title on this 12 day of January 12009 by Tn- ,n S - Meek , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and �co�rre�ct. �o. J. MMfTE Conrnk�on s te12090 t 0WV Pabk • CsEtaMo lbs Amiss County [SEAL] M no so 12ist 11 Notary Publ Emily J. White My Commission Expires: 9-12-2012 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 DESIGNATION OF SURETIES Bidders name John S. Meek Company, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Bonds: Great American Insurance gen onni e o 1901 Main Street - Ste. 300 Phone: (949) 608-6352 A/L = Hartford Fire Insurance Co A/L and G/L G/L = National Union Fire Insurance of Pittsburgh AON Risk Insurances West, Inc. 707 Wilshire Blvd. - Ste. 2600 Los ge es, - Agent: Sam Tse (213) 630-2015 W/C and USUH Seabright Insurance Agent: Wood Gutmann and Bogard Insurance Brokers 15901 Red Hill Avenue - Ste. 100 Tustin, CA 92780 Phone: (714) 505-7000 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name John S. Meek Company, Inc. Record Last Five (5) Full Years Current Year of Record i ne inrormation requirea for these Items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 45 46 54 61 41 247 Total dollar Amount of Contracts (in 19,000 26,000 14,500 17,500 14,000 91,000 Thousands of $ No. of fatalities 0 0 0 0 0 0 No. of lost Workday Cases 2 4 0 2 4 12 No. of lost workday cases involving permanent transfer to 0 0 0 0 1 1 another job or termination of employment i ne inrormation requirea for these Items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder John S. Meek Company, Inc. Business Address: _ 1 732 So. Maple Avenue Gardena, CA 90248 Business Tel.No.: ( 310) 830-6323 State Contractors License No. and Classification: 709151 A B HAz Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Secretary If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 ACKNOWLEDGEMENT OF ADDENDA Bidders name John S. Meek Company, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: John S. Meek Company, Inc. Business Address: 1 732 So. Maple Avenue Gardena, CA 90248 Telephone and Fax Number: —(310) 830-6323 Fax: ( 310) 835-2163 California State Contractor's License No. and Class: 709151 A B xAz (REQUIRED AT TIME OF AWARD) Original Date Issued:1200, Expiration Date: 7-31-09 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Don Foreman, Project Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone John S. Meek President 11732 So. Maple Avenue Gardena, CA 310) $30-6323 James F. Jilk, General Manager if if Corporation organized under the laws of the State of 16 California CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 CONTRACT THIS AGREEMENT, entered into this /V day of R) , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and John S. Meek Company, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT The work necessary for the completion of this contract consists of removing interfering portions of existing valve vault, removing and replacing slide gate, removing and installing electric actuator, constructing valve vault modifications, installing new valve vault hatch, installing conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4063, 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. 20 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 Seventy -Six Thousand, Nine Hundred Seventy -Two and 90/100 Dollars ($76,972.90). 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. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government code 900 et seq.). 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 Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949)644-3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR John S. Meek Co., Inc. 14732 South Maple Avenue Gardena, CA 90248 310-830-6323 310-835-2163 Fax Contractor, by executing this Contract, "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. 21 Contractor shall furnish City with original 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. 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 0002 (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 0002 0287 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. 22 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, agents, 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. ii. 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 23 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 direct 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 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 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: CITY CLERK APPROVED AS TO FORM: AARON RP Assistant City Attorney CITY O A Murk yor :WPORT B Como,ratior ',�0',_` HN S. MEEK CO., INC. By: C �/ y (Corporate Officer) Titl(/ )__ Print Name: By: G (Financial Officer) Title: Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: John S. "Meek Company, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; N / A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Zm/ No Are any claims or actions unresolved or outstanding? XM/ No 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. John S. Meek, President (Print name of Owner or President of Cor oration/Company) _John S. Meek Company, Inc. Bidder Auth ized Signature/Title On 1-12-09 resident Title 1-12-09 Date before me, Emily J. White , Notary Public, personally appeared John S. Meek , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. V4:"� EMtI�Y j W�MIT�E� CoNn"llon 0 1e12690 Notary Public . Cantornia (SEAL) �CLO lee County Notary Pu � �c i and for said State re:se-k tz1? My Commission Expires: ---9-12-2012 01 0 0 EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 BOND NO. 1767465 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 870.00 , being at the rate of $ 11.30 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to John S. Meek Company, Inc., hereinafter designated as the "Principal ", a contract for construction of AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT, Contract No. 4063 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. 4063 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 firmly bound unto the City of Newport Beach, in the sum of Seventy -Six Thousand, Nine Hundred Seventy -Two and 901100 Dollars ($76,972.90) 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. 28 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 one (1) year 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 17th day of February 2009. % lodxi 'dlw r John S. Meek Company, Inc (Principal) uthorized Signaturelf itte Great American Insurance Company Name of Surety 750 The City Drive South, Suite 300 Orange, CA 92868 -6905 Address of Surety (714) 740 -3279 Telephone Authorized Agent Signature Rhonda C. Abel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 ACKNOWLEDGMENT gJY. guurg.. l. ....... gooswu...l move ....... .... gagoguorr.YY YY Y...... goat State of California County of Orange ) ss. On February 17. 2009 before me, K. Luu Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her/their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ K. l.uu Commission # 1778641 Notary Public • California ' Orange County My Comm. Fxptres Nov6, 2011 Signature I5P01) .... r.. ..... Y. Y.. Y. YY. ..... . Y. @Y.Y ... YYYY ..............a..... ggaYgg YY..., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identification Paper Identification Credible W itness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice- President I Secretary I Treasurer Other: Other Thumbprint of Signer Check here If no thumbprint or fingerprint Is available. ',006 44Vd, Nntara °rFparaton Inc . 1$()U) w ,m aI151alen0tary f.,Dm 0 ACKNOWLEDGMENT Ej •••r / ■YaY •••at•/ III• IIIII••• / /•YY• /Ya•YaYYII� /I• /I• ■Y IIII IIIIY• /IY YIYaYl1 State of California County of c s ss. On .fit" . IX 2--oc before me, tl , Wh f e- Notary Public, personally appeared, G_ -yo bow who proved to me on the basis of satisfactory evidence to be the person($) whose name(h)(Ore subscribed to the within instrument and acknowledged to me that rf hafthey executed the same in it slherltheir authorized oapacity(fos), and that mby er/their signatures($) an the instrument the person(o), or the entity upon behalf of which the person(s) acted, executed the instrument. I cerdly under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ttfiwM1 BWJ.VPM me" PrAft Will ANM (fufilaANos • ta1�10� o Wit: Signature . taeah •urY l/ara a• ■aaall a•... .Sea•uaaa lalua••Us.. at% ra//aaraaa/uuaa• a%aar, OPTIONAL INFORMATION Date of Document Type or Tide of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney —CEO /CFO /COO President! Vice- President f Secretary I Treasurer Other. Other Information: Thumbprint of Signer O Check here If no thumbprint or fingerprint Is available. t, 200& A6atat? MeN Preparation, Inc • (800) 889.8450 • v .sllstatenotary.cav EXECUTED IN QUADRUPLICATE Premium included in charge for Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT CONTRACT NO. 4063 BOND NO. 1767465 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 construction of AMETHYST AVENUE - SOUTH BAYFRONT TIDE VALVE REPLACEMENT, Contract No. 4063 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. 4063 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 Seventy -Six Thousand, Nine Hundred Seventy -Two and 901100 Dollars ($76,972.90) 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. 26 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 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 17th day of February , 2009. John S. Meek Company, Inc. (Principal) Great American Insurance Company Name of Surety 750 The City Drive South, Suite 300 Oranae, CA 92868 -6905 Address of Surety (714) 740 -3279 Telephone orized Signature/Title Aut orized Agent Signature i Rhonda C. Abel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 ACKNOWLEDGMENT f• =fffffffoffff News bad Eggs Kam sea ffff old =fONE fff f ffiff = ■fffffff1111•fiff• on. State of California County of Orange 1 ss. On February 17, 2009 before me, K. Luu Notary Public, personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in hisiherftheir authorized capacity(ies), and that by his /her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ll K. WU Commissio lon # 1778641 -m Notory Public - California = Orange County MV Comm. BpIrWNW6.2011 7sea4 =•f fffu•••uf• f a..ffaff=fife==ff ff=fu...uff.0 ... *.a•...f•moose fff.u. OPTIONAL INFORMATION Date of Document Type at Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally known with Paper Identification _ Paper Identification _____ Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO f CFO ! COO _ President I Vice- President I Secretary I Treasurer Other: Other Thumbprint of Signer ❑ Check here 0 no thumbprint or rmgerprint Is avallable. L,ip;g 4: St:)It. Nnre.r, Pr4paraUov ha. - (eA)w b8c,•e4''ai - wwv allstalenotary_xm 0 0 ACKNOWLEDGMENT •// Y goo Y//// message sea ago Y////Y// soon // see / / / RUN was /Y / / /• wage mean / / / /Y //r State of calif nia County of A,,,Cam, _ } as, On ._1,9 Z O y 9 before"�me, l m � (�c___ a. W� ! k e. Notary Public, personally appeared 0N4m � , aylrr.lZ who proved to me on the basis of satisfactory evidence to be the person($) whose name(s) i( ara subscribed to the within instrument and acknowledged to me that (fq/sheAhey executed the same in his/her/their authorized capacity(ies), and that by iet her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(d) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correcL WITNESS my hand and official seal. t�26N w: CW* ! Signature resell OPMNAL rNMR1144 77ON Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W ilness(es) Capacity of Signer. Trustee Power of AGomey —CEO/CFO/COO President f Vice- President / Secretary ! Treasurer Other: Other Information: Thumbprint of Signer Check here If no thumbprint or firvekprint Is evallable. w� ?OOE Af�kat!! NM:irV f'renarelien. InG -lAUa! fi89645E - www.allelelenolary.com 0 0 0 0 0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 46202' 513.368-5000' FAX 513- 723 -2740 The number of persons authorized by this power of attorney is not more than NINE No. 0 14473 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 attomeyin -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 Address Limit of Power JAMES A. SCHALLER JANE KEPNER NANETTE MARIELLA -MYERS RHONDA C. ABEL ALL OF ALL MIKE PARIZINO JERI APODACA IRVINE, $75,000,000.00 LISA CRAI. RACHELLE RHEAULT CALIFORNIA LINDA ENRIGHT This Power of Attorney revokes al I previous powers issued h behalf of the amarmy(s )-in -fact named above. 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 affixedt is 3id day of, NOVEMBER , 2008. Attest STATE OF OHIO, COUNTY OF HAMILTON - as: GREAT AMERICAN INSURANCE COMPANY DAVID C. OTCHIN (5134124BD2) On this P day of NOVEMBER , 2008, before me personally appeared DAVID C. IOTCH N, to me known, being duty swom, deposes and says that he resides in Cincinnati, Olio, that he is the Divisional Senior 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 of the said Company; that the seal affixed to the said instrument is such corporate 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 1, 1993. RESOLVED: That the Division President, the Division Senior Vim President, the several Divisional Vtce Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized from time to time, to appoint one or more Auorneysin -Fact to arecute 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 dwir authority, and to revoke any such appointment at any time RESOLVED FURTHER: That the Company seat and the signature of any of the aforesaid qfficem and any Secre tary or Assistant Secretary of the Company may be affixed byfacsimile to arty power of attorney or certificate of either given for the execution of airy bond, undertaking, contract or suretyship 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 ofsuch officer and the original seal of the Compmuy to be valid and bmdmg upon the Company with the same force and effect as though man wily affied CERTIFICATION 1, EVE CUTLER ROSEN, Senior Vice President, General Counsel & Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofe Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of, FEB 17 2009 8 102ST(11101) • • �+ *!+ .. - t y.p ,� �T ... _ ..;. ' DATE(M D /YVYY) A CORD ti .0 EF 1'.:��'�L�. Ht� L�E c tvzF�l .. . ' D2 17/2009 Paao Dn Aon Risk Insurance SerVi CBS Nest, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY LOS An eles CA Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 707 wi i shire Boulevard CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE suite 2600 Los Angeles CA 90017 -0460 USA COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE -(966) 283 -7122 FAR -(847) 953 -S390 INSURERS AFFORDING COVERAGE NAICM MOPED INSURERA Hartford Fire Insurance Co. 19682 John S. meek Company, Inc. 14732 S. maple Ave. INSURERS National Union Fire Ins Co of Pittsburgh 19445 INSURER Gardena CA 90248 USA INSURER D INSURERE COVERAGES 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LIMITS SHOWN ARE AS REQUESTED MR LM AW INSR TYPEOF miSVRANCE YOLICYNUMBFR PDATPM PFf DAIY(MMVIMVIT POLRW DATE4M.YPBIAHON DATEIMM11blYY1 LIMITS B IFNIRAL LIABILITY Q0419 01/01/09 01/01/10 EACH OCCURRENCE $1,000,000 X COMMERCJAL GFNERALUABDITY DAMAGETOREWED $50,000 CLAD15 MADE ® BCCUR PREMISES /Ezuouumcel me u[mon PERSONAL @ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENL ADQ[EGATE LmOT APPLIES PER El POLICY 11 Z= 1:1 LOC IECT PRODUCTS - COb1P10P AGO $1,000,000 A AUTOMOBILE LIABILM X ANY AUTO 72UENIL4406 01/01/09 01 /01 /10 COMBpED SRVGLE llAOT (EaemMen) $1, 000,000 ALL OWNED AUTOS ROOMY MMY SCHEDULED AUTOS (Pe M—) HIRED AUTOS RODB.Y INJURY NON OWNED AUTOS (Perea�dmQ X SS00 Oed. Cam /Call PROPERTY DANMOE (Persovdau) GARAGE LIABILITY AUTOONLY- EA ACCDlENT ANY AUTO DTHERTNAN EA ACC H AUTO DNLY AGG EXCFSSAIMBRELLA LUBH.ITY EA[HOCCURRWfCE OCCUR ❑ CLAIMS MADE AGGREGATE HDFDUCTIBLE RETENTION WORIDTRS COMPENSATION AND C STATU- DTH- EMPLOYERS' LIABHAT'Y E L EACH ACCDIFSIT ANYPROPRIETOR /PARTNERIEXECUTTVE ELDISEAS &EAEMPLOYEE OFFIOFKI GIER EXG.UDED+ Dyes, dmcr,be wrier SPECUtLl'ROV[SIONS E L INSEAS&POLICYLIIrDT bd.. OTHER DESCRIPTION OF OPERATIONSR .DCAIIONSNEHICLESIE]CLLUSfONS AIJDEDBY ENOOASERONf'ISPEGAL PROYLSIDFE Re: Amethyst Avenue project. city of Newport Beach its officers, agents, officials, employees, and volunteers are included as Additional Insured as respects Liability arising out of operations (work) performed by or on behalf of the Named insured. The insurance provided shall be primary and any other insurance maintained by the CER1'IFI - t ATION City of Newport Beach SHOULDANYOF 3300 Newport Boulevard AROVEDESCR®EDMU1 BECANCEUEOBEPORE E)a UON DATE THEREOF, THE ISSUING INSURER W ENDEAVOR TO MAR Newport Beach CA 92663 USA 30 HUT DAYS WRDTEHNDT[CETO THE CERTHTG"IE HOLDERNAMEDTO THE LEFT. FMLURETO W SO SHALL R4POSENOOBLIGATION OR LLIBILUY OFANY w D UPON THE INSURER, RE AGEN��TS�yJOR RFO•REBENTATN S AUTHoRJzED REPRESEN'1'ATiVE eX6sc �415p nm Jae Amy =J A GIRD RA I f - w c w u 9 L N 9 Ei 0 z d t U 0 r Attachment to ACORD Certificate for John S. Meek Company, Inc. The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED John s. Meek Company, Inc. 14732 S. Maple Ave. Gardena CA 90248 USA ADDITIONAL POLICIES If a policy below does no INSURER INSURER INSURER INSURER INSURER I include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. LTR R ADD -L INSRU TYPE OF INSURANCE POLICYNUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS DESCIUVnON OF OPERATIONSILOCATIONSNEIB tExCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Additional Insured is excess and non - contributory. see attached Auto Al and CG 20 10 11 85 Emits. Certificate No: 570032987863 0 • M1JReo J ohn S. Meek company, Inc. 14732 S. Maple Ave. Gardena CA 90248 USA CG 20 10 11 85 POLICY NUMBER: (Q0419) COMMERCIAL GENERAL LIABILITY Insured: (john s. Meek Company, Inc.) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSERS OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART. SCHEDULE Name of Persons or Organization: city of Newport Beach its officers, agents, officials, employees, and volunteers Project # Protect Name: Amethyst Avenue project. (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. CG 20 10 11 85 Copyright, Insurance Services office, Inc., 1984 Primary Wording: The insurance provided shall be primary and any other insurance maintained by the Additional Insured is excess and non - contributory. Certificate No : 570032987863 s r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 0187 Printed in U.S.A. • r Acc>jzr " CERTIFICATE OF LIABILITY INSURANCE °a`e`1'"' 21712009 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Ave., Suite 100 Tustin, CA 92780 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING INSURER Seabright Insurance 714 505.7000 License No. 0679263 wWw.wgbib.com INSURER Insured INSURER John S. Meek Company, Inc. INSURER 14732 So. Maple Ave. Gardena CA 90248 D INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE M DATE Y EXPIRATION DATE LIMITS GENERAL LIABILITY EACH OCCURRENCE S FIRE DAMAGE (An .. fire) S COMMERCIAL GENERAL LIAB CLAIMS MADE OCCUR MED EXP (An one Person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEN'L AGO LIMIT APPLIES PER PROOUCTSCOMPIOP AGO S S POUCV ROJECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB S BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per parson) S BODILY INJURY HIRED AUTOS NON ,OWNED AUTOS (Pareadwant) S PROPERTY DAMAGE (Per acci ferry S GARAGE LIABILITY AUTO ONLY. EA ACCIDENT 5 OTHER THAN EA ACC 5 ANV AUTO AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S S DEDUCTIBLE S RETENTION S A EMPLOYERS'OLIABILITYTION& 661091892 1/1/2009 1/1/2010 STATUTORY LIMIT THE EL EACH ACCIDENT S 1.UU0 OOO EL DISEASE - EA EMPLOYEE S 1006 OOO EL DISEASE - POLICY LIMIT S O L H J NES B 091892 111 2009 1 a. ACC I M Dis /Empl. 1 M11 M I)ESCRIPTION OF OPERATII)NSILOCAT�C)NStVERICLES/EXCLUSIONS ADDED BY ENDORSEMENTAPE IAL PRUVI41ONS WC Waiver applies per the attached WC 04 03 06 04 84. All rights of subrogation waived against The City of Newport Beach, its officers, agents, officials, employees and volunteers for losses arising from work performed by John S. Meek Co., Inc. for the city. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach CA 92663 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- SENTATIVES. ' 10 Days for Non - Payment cf Premium. AUTHORIZED REPRESENTATIVE James E. Gutmann �✓ ACORD 25 -S (7/97) ®ACORD CORPORATION 1988 CERT ND.: 4492935 CLIENT CODE: MIDIS 2 Ari Webiya 2/17/2009 12:23:16 PH Page 1 of 3 0 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(1es) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (7197) created at www.e CertsONLINE.com CERS NO.: 4492 "S CLIENT CONE: JOHNS -2 Ari WQbiyi 2/11/2009 12:21x6 PM Page 2 of 3 0 0 2/1712009 WO1RS RS COWeNSAYM AND EYPLOVLU LMALITY INURANCE POLICY wC 0403 IB (rya. aaa} • I • "1yM Ij a '1• ] i. .l I 1 . l' Wa have The rW to recover our payomnb ftm anyone IWW* for as "ury aovefed by Oils patY• Yye will not &dvm our ftm to paiman or erpwdsat m r mmd 61 tlm Sdmdub. (Thb agmeMOd appfKS ordy to dm ext an @art you pwfarm work cedar a wrinen o- I i , OW 1a 11 h e you to obk* this aW*oward from W You rnmt md*h payroll moods amW+atalyraa�prtlng the eiwrwneratlan of yattr empbysee w1TUa anga�ed h the waf� devaUd In #m Sdmdub, The edMwxt pramk m ford* a Wwwnmrd*W be _% of dm Cailfdfda swims' mmpw wgon pmwam o&wwUa due on such momwatlon. WHERE You ARE REOUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO TM DATE OF LOSS TO WHICH THIS WAVIER APPLIES, IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY TMS ENDORSEMEW BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. Mw tpemkm cWp for ft andaraernerd duo be 2% of an pmmIum dmretaped G 00 State pf OM M19. Wit not Ion Um SM poRW mtdrrwm prankm This endofsw wkd=Vm the pa*.jrto vdft a b Marhwl and L seadtn an On data bwmd urea otham besbb& from hwormmdon bdowts mgww only ache to a wmae mnt is barmd mwmvtmdto pnpaegm of the patkyj Endomemem Eged m FWW No. BB 1091892 Endorewt a (to. owim Pdboy E fktive Dkw 1/112009 Inaaarw OampanY Se~ lrwz nce aomprgr WC04>a06 (rA +-u+) eaaevvowwr. amwomouammw 'keg aw.marCdktdL fttm memc C©!T H .: 4491935 C 1 COCK: J1 S -2 A i O biyl 2/17/2009 12:23:16 M Page 3 of 3 • Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2120/09 Dept.lContact Received From: Shauna Oyler Date Completed: 2/20,109 Sent to: Shauna Oyler _ By: Jessica Scherer Company /Person required to have certificate: John S. Meek Company, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: National Union Fire Insurance Co of Piushwgh B. AM BEST RATING (A: VII or greater): AXV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? $1 M F.ach Occl$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ®No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A, INSURANCE COMPANY: Hanford Fire Insurance Company B. AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in Catifornia? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording, • • III. WORKERS' COMPENSATION A. INSURANCE COMPANY: _Seahright Insurance B. AM BEST RATING (A: VII or greater): A -IX C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO WHICH ITEMS NEED TO BE COMPLETED? WC: carrier is rated A- instead of require .l A.or }treater. _ 01/0612009 THU 16:42 PAX 14002/OD2 Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NO. I AMETHYST AVENUE -SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT CONTRA CTNO 63 DATE: BY: City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Revise Item 7 to include an UMA remote operator and disconnect switch as shown below. Item No. 7 Furnish and Install 24" Pressure Slide Gate, Non - Rising Stem (Waterman P-30M with Electric Motor Operator: Work under this item shall include full compensation for procuring and delivering slide gate, electric motor operator and Aetna Remote Actuator Model CS; to the site, installing slide gate, with non -rising stem, electric motor operator and Auma Remote Actuator Model CS; conductors, and connections for electric service; and for furnishing the labor, materials, tools and equipment to install the gate, operator, remote operator, controls and electric service, complete and in place, including testing and certification of installation, setup and operation by representatives from Waterman Industries, Inc. Bidders must sign this Addendum No.1 and attach It to the Revised Bid Proposal. No bid will be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have included full payment in my Revised Proposal. J khes F -T Bidder's Name (Please Print) I-9 -o9 Date 6 luthorized SWfiture & Title F.tuserslpbw1shared=Mracft* 08- 0919mMhyst- boyrront tidal valve o4OMaddendum no 1400 0 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL AMETHYST AVENUE - SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT CONTRACT NO. 4063 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 4063 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization, Demobilization and Cleanup @PId/vA%&44an. 646 Dollars and O0 "P1101 Cents $ 00 Lump Sum 2. Lump Sum Traffic Control @mu t�„ud t,�- /u„�,d)ollars and ,n,o- Cents $ ! ;Z0() Lump Sum 3. Lump Sum Remove Existing Hatch and Upper Portions of Existing Concrete Vault @ (u.,� Dollars and d Cents $ 2,600 Lump Sum p PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 5. 7 Lump Sum Reconstruct Top of Vault u,{��Dollars °P and 00 Cents $ 41q90 Lump Sum Lump Sum Remove Existing Canal Gate, Rails, Stem, & Concrete Mounts @ k")Dollars and uv Cents $ I, 7-06' Lump Sum Lump Sum Construct New Reinforced Concrete Valve Mounting Wall with 24" Diameter Opening @�+s�sk LDollars and Cents $ 4 OS do Lump Sum Lump Sum Furnish and Install 24 -Inch Pressure Slide Gate, Non- rising Stem (Waterman P -30ff) with Electric Motor Operator @� Dollars and 35- Cents $ I Ub — Lump S m Lump Sum Furnish and Install 52 "x 44" Double Leaf Aluminum Hatch "N,� @ Dollars and S6 Cents $ Lump Sum 0 PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 9. Lump Sum Remove Existing Ladder and Plug Holes with Epoxy eit,e, ,tA_ �_ _® Dollars and 00 ' Cents $ 1,9,00 ` Lump Sum 10. Lump Sum Furnish and Install New Stainless Steel Retractable Ladder (a� Dollars and s 4Q ,'0 Lump ��_— - — Sum °- Cents $ 11. Lump Sum Remove Interfering Portions of Existing P.C.C. Street, Relocate Conduit and Reconstruct P.C.C. Street un.,�cgusn^m' SGVGw @ Dollars and 00 0 Cents $ gjlfo Lump Sum 12. Lump Sum Connect to Existing Electrical Service Panel Dollars and -- _��Cents Lum 13. Lump Sum Provide Temporary Plug and Pumping 'Zr" @rpB� Dollars and �,- Cents Lump Sum PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum Provide As -Built Drawings Five Thousand Dollars and Zero Cents $ 5.000.00 Per Stipulated Lump Sum TOTAL PRICE IN WRITTEN WORDS 1 -12 -09 Date (310) 830 -6323' Fax: (310) 835 -2163 Bidder's Telephone and Fax Numbers 709'51 A S HAZ Bidder's License No(s). and Classification(s) '7 z.gb Total Price (Figures) John S. Meek Company, Inc. Bidder J � President I en's Authorized Signature and Title 4732 So. Maple Avenue Gardena, CA 90248 Bidder's Address Bidder's email address: _jeremiah @jo_hnsmeek.com f :luserslpbw\sharedlcontractslfy 0U9\amelhyst- bayfront tidal valve c-40631proposal c- 4063.doc Encompass Detail Acct. Type: Business Tax License #: BT30010902 Bus. ID: 0040690 Name: JOCHN S MEEK COMPANY Owner MEEK, JOHN S Name: Owner C Type: Exp. Date: 7131!2009 S Addy: 14732 MAPLE AVE S S Addy 2: Addr3: GARDENA CA Zap: 90248 B Addr1: 14732 S MAPLE AVE B Addr2: B Addr3: GARDENA, CA B Zip: 90248 Phone: 310 -830 -6323 FEIN: 1752 SEIN: 4158175 Established: 71112005 SIC: 1799 -MISC SPECIAL TRADE CONTRACTORS Owner #: 21767 # of Emps: 0 usr1: 224844 usr2: usr3: MARINE CONSTRUCTION usr4: usr5: usr6: usr7: MAIL Q YSta PE}MIT::. s MoSOP 2 Ine..Inbox 5.Mcro > , 12:57 PM California Business Search 0 Page 1 of 1 Corporation JOHN S. MEEK COMPANY, INC. Number: C1763528 =jDate Filed: 5!1211995 Status: active Jurisdiction: California Address 14732 S MAPLE AVE GARDENA, CA 90248 Agent for Service of Process JOHN S MEEK 14732 S MAPLE AVE GARDENA, CA 90248 Blank fields indicate the information is not contained in the computer file_ If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca. gov/ corpdata /ShowAIlList ?QueryCorpNumber =Cl 763528 &pri... 01/15/2009 Check a License or Home ingvement Salesperson (HIS) Registon - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 709151 ® DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.8). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. > Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terns of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 709151 Extract Date: 01/15/2009 JOHN S MEEK COMPANY INC Business Information: 14732 SOUTH MAPLE AVENUE GARDENA, CA 90248 Business Phone Number: (310) 830 -0323 Entity: Corporation Issue Date: 07105/1995 Expire Date: 07/31/2009 License Status: This license is current and active. All information below should be reviewed. The license may be suspended on 0211112009 if the workers' compensation insurance Additional Status: policy is not filed with the CSLB. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CERT DESCRIPTION Certifications: HAZ HAZARDOUS SUBSTANCES REMOVAL CONTRACTOR'S BOND This license filed Contractor's Bond number 184909C in the amount of $12,500 with the bonding company INDEMNITY COMPANY OF CALIFORNIA. Effective Date: 01/01/2007 Bonding: Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer (RMO) JOHN SHEA MEEK certified that 1• he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. http: /Iwww2.cslb.ca. govt OnlineServices /CheckLicense /LicenseDetail .asp 01/15/2009 Check a License or Home 14ovement Salesperson (HIS) Regi4tion - Contr... Page 2 of 2 Effective Date: 07/05/1995 This license has workers compensation insurance with the NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Policy Number: WC2953310 Workers' Compensation: Effective Date: 0110112008 Expire Date: 0 110 112009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California http:// www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetaii.asp 01/15/2009 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS AMETHYST AVENUE - SOUTH BAYFRONT MOTORIZED TIDE VALVE 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 REPLACEMENT CONTRACT NO. 4063 INTRODUCTION PART 1 -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.3.4 Supporting Information 1 2 -6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 r 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8 -6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Businesses and Residents 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout 11 11 11 11 11 11 11 • ii f :luserslpbv✓,sharedtcontractsVy 08- Mamethyst- 6ayfront tidal valve c- 40631specs index c- 4063.doc PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 12 302 -6.6 Curing 12 SECTION 304 METAL FABRICATION AND CONSTRUCTION 12 304-5 ALUMINUM DOUBLE LEAF HATCH 12 304-6 STAINLESS STEEL LADDER 12 PART 7 --- ELECTRIC ACUTATED TIDE VALVE AND VAULT LATCH SECTION 700 ELECTRIC ACTUATED TIDE VALVE AND VAULT HATCH 13 700 -1 PRESSURE SLIDE GATE, ELECTRIC ACTUATOR, AND CONTROLS 13 f :luserslpbv✓,sharedtcontractsVy 08- Mamethyst- 6ayfront tidal valve c- 40631specs index c- 4063.doc • 0 SP 1 OF 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS AMETHYST AVENUE - SOUTH BAYFRONT *6 -s'__' MOTORIZED TIDE VALVE REPLACEMENT sle C" CONTRACT NO. 4063 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D- 5363 -3); (3) the City's Standard_ Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 -- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information. Add to 8): "The Contractor's submittals shall include, but not be limited to, the slide gate, motor operator, electrical controls, ladder, hatch, epoxy materials, dewatering and concrete mixes. Submittals shall be approved prior to ordering any parts or materials." 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing interfering portions of existing valve vault, removing and replacing slide gate, removing and installing electric actuator, constructing valve vault modifications, installing new valve vault hatch, installing conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements." r 0 SP2OF14 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP3OF14 SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Contractor shall protect in place or remove, store in a secure location, and reinstall after construction the donated teak bench and planted urn adjacent to the construction site. Should the teak bench or planted urn be damaged in any way it will be the Contractor's responsibility to replace them to the City's satisfaction." 5 -7 ADJUSTMENTS TO GRADE. Where applicable the Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Where applicable the Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing metal components including the slide gate, motor, ladder and hatch door. Salvaged materials shall be delivered to the City's Corporation Yard at 592 Superior Avenue, The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Tom Miller, Storm Drain Supervisor, at (949) 718 -3481. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of • • SP 4 OF 14 completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "the Contractor shall complete all work under the Contract within 125 consecutive working days from the "Notice to Proceed, but no later than May 22, 2009, whichever occurs first ". Up to 100 consecutive working days shall be granted for shop drawing preparation, review and approval, tide valve manufacturing and delivery. No work shall be done on the site until delivery of the tide valve. After receipt of the tide valve the Contractor shall install and complete all construction activities under the contract within 25 consecutive working days, excluding high tide days. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. " 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`n (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 151, July 4`h November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Friday. The Contractor, his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. 9 SP5OF14 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach .ca.us /pubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. SP6OF14 The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to residences adjacent to the work area must be maintained at all times. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a detailed traffic control plan for Amethyst Street end. The Contractor shall adhere to the conditions of the traffic control plan approved by the City which conforms to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California Licensed Civil Engineer. Traffic control plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted." • r 7 -10.4 Safety SP7OF14 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. SP8OF14 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been' made with, approval from; the Engineer of Record or City hspectoreshall be aACUrrletttef! pn.the "As.Built" drawings. It shall be the contractor's responsibility to arranger ft r; the apls�v . -te changes tq*be made to the final drawing set; and presgrtt:bo #It.corPecfediVty[at Eiad cppyri(i :s n The "As- Built' Myfar.''plans acid CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization and Cleanup: Work under this item shall include providing bonds, insurance and financing, submittals, shop drawings, B.M.P.S, establishing a staging area, preparing the construction schedule, and all other related work as required by the Contract Documents. r SP9OF14 Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing a detour plans, and providing the traffic control required by the project including, but not limited to, signs, cones, and barricades. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing Hatch and Upper Portion of Existing Concrete Vault: Work under this item shall include removing and disposing upper portions of the existing concrete vault, salvaging metal hatch & protection of PCC vault walls to remain, including existing PCC bulkhead, and all other related work items as required to complete the work in place. Item No. 4 Reconstruct Top of Vault: Work under this item shall include coring existing concrete, placing epoxy coated #4 reinforcing steel and non - shrink, non metallic, elastomeric epoxy grout filler, doweling, forming and placing concrete, coordinating all dimensions and specifications for accurate placement and mounting of new double leaf hatch, and all other related work items as required to complete the work in place. Item No. 5 Remove Existing Canal Gate, Rails, Stem, & Concrete Mounts: Work under this item shall include removing existing gate, stem, & rail system and return to the City Yard. Existing concrete mounts shall be removed to the limit of original vault wall and floor and disposed by the contractor. Mounting holes shall be filled flush with epoxy to the satisfaction of the Engineer. Item No. 6 Construct New Reinforced Concrete Valve Mounting Wall With 24" Diameter Opening: Work under this item shall include protection of PCC wall & floor to remain including existing PCC bulkhead, coring existing concrete, placing epoxy coated reinforcing steel and epoxy grout filler, working in saltwater and tidal fluctuating environment, roughen joint surfaces, forming and placing concrete, coordinating all dimensions and specifications for accurate placement and mounting of slide gate (tide valve), and all other related work items as required to complete the work in place. Item No. 7 Furnish and Install 24" Pressure Slide Gate, Non - Rising Stem (Waterman P -30ff) with Electric Motor Operator: Work under this item shall include full compensation for procuring and delivering slide gate and electric motor operator to the site, installing slide gate, with non - rising stem, and electric motor operator; conductors, and connections for electric service; and for furnishing the labor, materials, tools and equipment to install the gate, operator, controls and electric service, complete and in place, including testing and certification of installation, setup and operation by representatives from Waterman Industries, Inc. Item No. 8 Furnish and Install 52 -Inch X 44 -Inch Double Leaf Aluminum Hatch: Work under this item shall include full compensation for procuring and installing hatch, • • SP 10 OF 14 including furnishing the labor, materials, tools and equipment to install the hatch, with anti -slip surface pattern, locking device, handles and stainless steel mounting hardware in accordance with the manufacturers recommendations complete in place. Item No. 9 Remove Existing Ladder and Plug Holes with Epoxy: Work under this item shall include removing existing ladder and return to the City's Corporation Yard at 592 Superior Avenue. Mounting holes shall be filled flush with epoxy to the satisfaction of the Engineer. Item No. 10 Furnish and Install New Stainless Steel Retractable Ladder. Work under this item shall include furnishing and installing new Type 316 stainless steel retractable ladder including shop drawings to be approved by the Engineer, all Type 316 stainless steel hardware & fasteners, mounting on existing and /or proposed concrete vault wall. Ladder fabrication and installation shall be to the satisfaction of the Engineer and in accordance with OSHA requirements, including any necessary appurtenances. Compensation shall include all submittals, equipment, labor, and repairs required on the existing concrete wall for proper ladder mounting, materials necessary to provide the improvements intended on the plan the satisfaction of the Engineer. Item No. 11 Remove Interfering Portions of Existing PCC Street, Relocate Conduit and Reconstruct P.C.C. Street: Work under this item shall include removing and disposing existing PCC street. Relocating and extending the existing conduit and wiring supplying power to the valve assembly and constructing and doweling new 8" thick PCC pavement section to existing street pavement as shown on the plans, matching existing . grades and as directed by the Engineer, forming and scoring; including equipment, labor, and materials necessary to provide the improvements intended on the plan to the satisfaction of the Engineer. Install new conduit and wiring runs if needed as wire splicing is not allowed. Item No. 12 Connect to Existing Electrical Service Panel: Work under this item shall include furnishing and installing all new 1 '/4" flex conduit, new #10 stranded copper conductors, required breakers and making connections required for electrical service between existing facilities and electric motor actuator in vault to power electric motor, and all other items as required to complete the work in place. No splicing is allowed. Item No. 13 Provide Temporary Plug and Pumping: Work under this item shall include the means, methods, installation and removal to provide a temporary plug on the bay side of the existing vault to allow working within the vault during tidal fluctuations. Contractor shall monitor weather conditions and be present to pump during rain events. Compensation shall include submittal of temporary mounting methodology to the engineer for approval prior to installation. A temporary vault pump out system, including de- watering shall be included in this item of work, should work be conducted on high tide days.. • • SP 11 OF 14 Item No. 14 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer prior to request for progress payment." 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for tide gate structure construction shall be Class 650 -C -4000, and for concrete roadway construction shall be 560 -C -3250. All cement to be Type IV." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy coated Grade 60 steel conforming to ASTM A615, A775 and D3963 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new tide gate flange with a quick setting grout as recommended by the gate manufacturer and as approved by the city." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." • • SP 12 OF 14 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street end improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 304-- -METAL FABRICATION AND CONSTRUCTION 304 -5 ALUMINUM DOUBLE LEAF HATCH Furnish and install 52 "x44 "X' /4" thick Double Leaf Access Door Hatch Type JD -AL (300 PSF) as manufactured by Bilco, or approved equal. Hatch shall have all Type 316 stainless steel accessories and hardware and Cal OSHA approved anti -slip pattern. Locking device shall be the recessed type capable of inserting pad lock within a hinged cover. 304 -6 STAINLESS STEEL LADDER Furnish and install Type 316 stainless steel ladder for mounting in existing concrete vault at the location indicated on the plan unless otherwise directed by the Engineer. Ladder 0 SP 13 OF 14 shall be custom fabricated to fit in the vault, free from encumbrances, accessible and functional to the satisfaction of the Engineer, and in accordance with OSHA requirements. Ladder design shall be first submitted to the engineer for approval, including all material and dimensional data and mounting methodology, prior to ordering and fabrication. The contractor is solely responsible for making sure the fabricated ladder delivered to the work site will function properly with the proper dimensional clearances. Monetary charges stemming from returning the ladder to the factory for remedial corrections shall be paid for by the Contractor. PART 7 SECTION 700 - -- ELECTRIC ACTUATED TIDE VALVE AND VAULT HATCH 700 -1 PRESSURE SLIDE GATE, ELECTRIC ACTUATOR, AND CONTROLS Install 24" Waterman Industries, Inc., medium duty P -30ff slide gate with Type 316 non - rising stainless steel stem to fully open gate, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel rails and yokes, flush bottom closure, primed and epoxy coated gate and flangeback frame for wall mounting against grout pad, all primed and epoxy coated by the manufacturer and all Type 316 stainless steel hardware. Contractor shall provide a 2nd thrust nut for future maintenance. Install AUMA heavy duty operator with torque and limit switches, reversing starter, local 3 button /2 light pushbutton station, local- off - remote selector switch, declutchable handwheel, all primed and coated by the manufacturer. Power source is 120/240 volt, single phase, 60 Hz. Actuator shall conform to the requirements of AWWA C540 -93. Actuator enclosure shall be NEMA 6 IP68 (watertight submersion of 20 feet water column for 72 hours). Manual over -ride shall be by handwheel. Manual operation will be via power gearing to minimize required rimpull and facilitate easy change -over from motor to manual operation when actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. Actuator shall be capable of hand wheel operation if motor control unit is removed. Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. Limit switch drive shall be by counter -gear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Contacts shall be of silver and capable of reliably switching low voltage DC source from the control system furnished by others. • • SP 14 OF 14 Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. All wiring shall be terminated at a plug and socket connector. All actuators in open /close service will be furnished with integral motor controls consisting of reversing starters, control transformer, phase discriminator, monitor relay (to signal fault conditions such as thermal switch trip, torque switch tripped in mid - travel, wrong phase sequence or phase failure), "open- stop - close" pushbuttons, "local -off- remote" selector switch in addition to red and green indicating lights. An interface with the control system must be furnished with optical isolators to separate incoming voltage signals from the internal motor controls. Size operator and slide gate to raise and lower the gate against 50 feet of seating head and 10 feet of unseating head at 9 -to -15 inches per minute. Install electric motor control panel in existing stainless steel waterproof enclosure, with clear plastic stem cover and Mylar strip type position indicator; and provide "open ", "close" and "stop" controls with red (off) and green (on) indicator lights perA.W.W.A. C- 501-80, Sections 3.15.13 and 3.15.15, and a 20 AMP circuit breaker. Install Type 304 stainless steel fasteners and anchor bolts throughout. Shopcoat non - stainless ferrous metals with a polyamide epoxy paint system. Fabricate, assemble and anchor slide gate, operator, control components, enclosures and attachments with materials that are waterproof, primed, epoxy coated, and certified for long -term exposure and long -term submergence in a salt water environment, and provide certification to the Engineer's satisfaction that these specifications have been met. Upon obtaining prior authorization from the Engineer, provide a manufacturers authorized representative to certify the installation, setup and operation of the slide gate, operator and controls. Upon acceptance of the slide gate, operator and controls by the City, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the slide gate, operator and controls. F :1Usem%PBVV\Shared\Contracts\FY 08- 09VWmethyst- Bayfront Tidal Valve C- 406ASPECS C4063.doc J AP t CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT FEB i 0 209 Agenda Item No. 7_ February 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 6443330 or sluy @city.newport- beach.ca.us SUBJECT: AMETHYST AVENUE -SOUTH BAYFRONT MOTORIZED TIDE VALVE REPLACEMENT- AWARD OF CONTRACT NO. 4063 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4063 to John S. Meek Company, Inc. for the Total Bid Price of $76,972.90 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $12,000 (15% of Total Bid) to cover the cost of unforeseen work. Discussion: At 11:00 a.m. on January 13, 2009, the City Clerk opened and read the following bids for this project: TO.fAL BID AMOUNT $76,972.90 $78,400.00 $82,900.00 $90.936.00 $106,760.00 $107,400.00 $126,000.00 $132,563.00 The low total bid amount is fourteen percent below the Engineer's Estimate of $90,000.00. The difference between the engineer's estimate and the low bid amount may be related to the current down turn in the economy and the number of contractors looking for work. The low bidder, John S. Meek Company, Inc., possesses a California State Contractoes License Classification "A" as required by the project specifications. This Contractor has satisfactorily completed numerous projects for the City and other local public agencies. .r• BIDDER Low John S. Meek Company, Inc. 2 Atlas Allied, Inc. 3 GCI Construction Inc. 4 SFM Constructors, Inc. 5 Tamang Electric, Inc. 6 Humphrey Constructors 7 MMC, Inc. 8 Ross A Guy & Son, Inc. TO.fAL BID AMOUNT $76,972.90 $78,400.00 $82,900.00 $90.936.00 $106,760.00 $107,400.00 $126,000.00 $132,563.00 The low total bid amount is fourteen percent below the Engineer's Estimate of $90,000.00. The difference between the engineer's estimate and the low bid amount may be related to the current down turn in the economy and the number of contractors looking for work. The low bidder, John S. Meek Company, Inc., possesses a California State Contractoes License Classification "A" as required by the project specifications. This Contractor has satisfactorily completed numerous projects for the City and other local public agencies. .r• Amethyst Avenue -South Bayfront Motorized Tide Valve Replacement — Award of Contract No. 4063 February 10, 2009 Page: 2 The existing tide valve was installed in 1987. It has exceeded its 10 year life span and has become ineffective and costly to maintain. The work consists of removing interfering portions of existing valve vault, removing and replacing existing slide gate, removing and installing electric actuator, constructing valve vault modifications, installing new valve vault hatch, installing conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements. Pursuant to the Contract Specifications, John S. Meek Company, Inc. will have one hundred twenty five consecutive working days to complete the construction. Liquidated damages in the amount of $1,000 per calendar day will be assessed if John S. Meek Company, Inc. fails to complete the construction within the allotted time. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Restoration or Rehabilitation) of the CEQA Implementation Guidelines. This Exemption covers the restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and the nearby elementary school. The first notice will be distributed ten days before work and the second notice 48 hours prior to starting work. Other Costs: In addition to the contract costs, $2,000 is included for printing and other incidentals. Surveying, geotechnical engineering, and consultant inspection services are not required for this project. Funding Availability: There are sufficient funds available in the following account(s) for the project: Account Description Account Number Amount General Fund 7012- C2502005 $ 89,972.00 0 Amethyst Avenue -South Bayfront Motorized Tide Valve Replacement— Award of Contract No. 4063 February 10, 2009 Page: 3 Proposed uses are as follows: Vendor John S. Meek Company, Inc. John S. Meek Company, Inc. Various Prepared by: Stephe Luy Associate Civil Engineer Attachment: Location Map Purpose Construction Contract $ Construction Contingency $ Printing and Incidentals $ Total: $ Submitted by: Badum s Director Amount 76,972.90 12,000.00 1,000.00 89,972.00 0022 :� SOUTH BAYFRONT PROJECT LOCATION NEWPORT CHANNEL LOCATION MAP NOT TO SCALE CITY Y U D z a • • C -4063 N AMETHYST AVENUE -SOUTH BAYFRONT ----------- MOTORIZED TIDE VALVE REPLACEMENT DRAWING NO. Exhibit A - 1