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HomeMy WebLinkAboutC-9323-1 - Balboa Pier MaintenanceCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk May 24, 2025 Jilk Heavy Construction, Inc. Attn: Mr. Jeremiah Jilk 500 South Kraemer Blvd., Suite 380 Brea, CA 92821 Subject: Newport and Balboa Pier Maintenance Contract No. 9323-1 Dear Mr. Jilk: On May 28, 2024 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 29, 2024, Reference No. 2024000130909. Enclosed is the released Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Needed in Duplicate Original EXHIBIT B CITY OF NEWPORT BEACH BOND NO. WCN7449079 FAITHFUL PERFORMANCE BOND Bond No. WCN7449079 Premium: $1,828.00 Subject to Change Based on Final Contract Price The premium charges on this Bond is $ 1,828.00 , being at the rate of $ Tiered Rate First $500,0000 Ca $10.00 thousand of the Contract price. Next $21VIM @ $7.50 Next 2.5 MM @ $6.50 WHEREAS, the City of Newport Beach, State of California, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for ongoing maintenance and repair of the Newport and Balboa Piers in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Old Republic Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Two Thousand Seven Hundred Eighty Dollars ($182,780.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 Jilk Heavy Construction, Inc. Page B-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31st day of .Rctober ,20 23 . Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 500 S . Kraemer Blvd., Ste 380 Brea , CA 92821 Address of Surety (310) 505-7515 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Dai City Attorney r CFO A orized Srgna-tur -itle BY: Authorized Agent iatur In Melissa Lopez, Attorney -in -Fact a gEAL WWI Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jilk Heavy Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page B-3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On November 1, 2023 before me, Date personally appeared Anna Lisa Paila. Notary Public Here Insert Name and Title of the Officer Jeremiah Jilk Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar* subscribed to the within instrument and acknowledged to me that he/s ae/t*ey executed the same in his/IXr/thXr authorized capacity(Ces), and that by his/har/th*ir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(%) acted, executed the instrument. 1 y6`� o.,ryf ANNA LISA PAILA d` Notary Public California = sT Los Angeles County F Commission N 2326674 My Comm. Expires May 14, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Si nature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: October 31, 2023 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: 2 Signer's Name: Jeremiah Jilk Signer's Name: El Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction Inc. 02019 National• • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On OCT 3 1 2023 personally appeared before me, Albert Melendez , Notary Public, Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(x) whose name(A) is/ate subscribed to the within instrument and acknowledged to me that he/she/thty executed the same in lks/her/t%bir authorized capacity(ixs), and that by his/her/their signature(o on the instrument the person(g), or the entity upon behalf of which the person(A) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALSERT MELENOEZ Notary Public • California m Orange County Commission s 2391461 My Cam.. Expires Jan 23, 2026 r PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE &_" 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: Document Daje:� Number of Pages: s) Other than Named Above: * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, affixed this 13th OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be _ day of March 2023 suRET`,, OLD REPUBLIC SURETY COMPANY 1. - 9' SEAL Assi.,,ant Secreta President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 13th day of March 2023 , personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. tiPyN R.•P � /'� `�•• �e�V Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 740053 sunET�''.. J. 3. SEAL :? O go, • c Signed and sealed at the City of Brookfield, WI this 31st day of October 2023 ORSC 22262 (3-06) Performance Bonding Surety & Insurance 1,IAssis.-At Secreta OLD REPUBLIC SURETY COMPANY 4455. Moorlaad Rtud,SLLi(C-200. Blihlkfield, %k] T 1,0A, ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been -ISSLIed on behalf of Old Republic Surety Company. Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal, was physically stamped or impressed onto the bond(s)- 10 All terms and conditions of the bond(s) remain unchanged - Signed and effective this twelfth day of May, 2020- ,b y Old RepubliwS t Company A By-_& �.., 7xe Alan PavIlic, President 01 1) V. I TURLIC I N%L RANCF GROUP All terms and conditions of the bond(s) remain unchanged - Signed and effective this twelfth day of May, 2020- ,b y Old RepubliwS t Company A By-_& �.., 7xe Alan PavIlic, President 01 1) V. I TURLIC I N%L RANCF GROUP 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk August 1, 2024 Jilk Heavy Construction, Inc. Attn: Mr. Jeremiah Jilk 500 South Kraemer Blvd., Suite 380 Brea, CA 92821 Subject: Newport and Balboa Pier Maintenance Contract No. 9323-1 Dear Mr. Jilk: On May28,2024 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 29, 2024, Reference No. 2024000130909. Enclosed is released the Labor & Materials Payment Bond. Sincerely,4 r � hw-- Lellani I. Brown, MMC City Clerk Enclosure Needed in Duplicate Original Bond No. WCN7449079 Premium included in Cost of the Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. WCN7449079 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for ongoing maintenance and repair of the Newport and Balboa Piers in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Old Republic Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Two Thousand Seven Hundred Eighty Dollars ($182,780.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Jilk Heavy Construction, Inc. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 31 st day of October , 20 23 . Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 500 S . Kraemer Blvd., Ste 380 Brea , CA 92821 Address of Surety (310) 505-7515 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: [(/Z/Z3 By: Cq C. Harp it Attorney Aufiiorized Sign BY: Authorized Agent i n tur "' LAC. Melissa Lopez, Attorney -in -Fact Print Name and Title ' s SEAL s' NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jilk Heavy Construction, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ? ss. On 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page A-3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On November 1, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) is/at* subscribed to the within instrument and acknowledged to me that he/sbe/thoy executed the same in his/fi r/thXr authorized capacity(ces), and that by his/her/th*ir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 40my ANNA LISA PAILANotary Public - CaliforniaLos Angeles CountyCommission N 2326674 Comm, Expires May 14, 2024 r Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �Slgnure of Notary Public Vr 1 IVIY/1L Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Labor & Materials Payment Bond Document Date: October 31, 2023 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk Signer's Name: ® Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction Inc. .. tea.--ti...•t•:�..ti - "?.t�..:. ::.-: ::.tih ...):n �. �.v+:-:x^.+: �s::x,.s„..:t^t�.�'94'?�c'�..:'.': ti.-:..^$-:,.y-X.v::..:^.L•w•.--�v:... �r..:ti .. .. :..r.::;. (02019 National• . • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On OCT 3 j 2023 personally appeared before me, Albert Melendez , Notary Public, Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(K) whose name(s) is/ae subscribed to the within instrument and acknowledged to me that Ike/she/tli�y executed the same in Ws/her/t*ir authorized capacity(ixs), and that by his/her/their signature(so on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBEirr MELENDEZ Notary Public - California : Orange County_ ZO'm.y Commission a 2391461 Comm. Expires Jan 23, 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE 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: Document Date: Signers) Other than Named Above: of Pages: yt'k 'k t it yt * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: f l4V 11110Hti63Aall A11: a 04 it and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be .ff;—A thic 13th day of March 2023 nt Secreta STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS mnw,umnn SugfOLD REPUBLIC SURETY COMPANY rY�ORPORAiQ '. O ; // g SEAL ,>< President mrrm,an„""o• On this 13th day of March 2023 , personally came before me, Alan Paylic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. PPh�P ••. A `G Notary Public .,O Vi•5 My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attornev, are now in force. 740053 ORSC 22262 (3-06) COVWOAA a CQ s SEAL :> o _? - rper1 T a Signed and sealed at the City of Brookfield, WI this 31 st day of October 2023 ��t Secreta Performance Bonding Surety & Insurance REPUBLIC SURETY COMPANY 445 S. M4)orLiud Ril.id, Saile 2I10. QI':/'. IVICILL %k ! 511." 5 T mW-2 I -I �02 ADDENDUM TO SURETY BOND This addendum pertains to the bond., s i to which it is attached and that have been issued on behalf of Old ReC',LV1c Surety Company_ Old RepUblic Surety Company, considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was plf ysiically stamped or impressed onto the bond(s). All terms and conditions of the bond(s) remain unchanged. Signed and effective this bvvellfth day of May, 2020- Old Republics rety Company ' y__, ,, t6,� Alan Pavlic, President 5/29/24, 11:38 AM Batch 17491346 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 11 II III IIIIIIIII$II1II II NO FEE *$ R 0 0 1 4 9 6 6 5 2 0 $ * 202400013290910:51 am 05/29/24 486 412A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Jilk Heavy Construction from Brea, California, as Contractor, entered into a Contract on September 12, 2023. Said Contract set forth certain improvements, as follows: Newport Boulevard and Balboa Pier Maintenance Contract No. 9323-1 Work on said Contract was completed, and was found to be acceptable on May 28, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Performance Bonding Surety & Insurance Brokerage. BY Dave Webb, PWic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /� Executed on �'(/ , at Newport Beach, California. https://gs.secure-erds.com/Batch/Confirmation/l7491346 3/3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Jilk Heavy Construction from Brea, California, as Contractor, entered into a Contract on September 12, 2023. Said Contract set forth certain improvements, as follows: Newport Boulevard and Balboa Pier Maintenance Contract No. 9323-1 Work on said Contract was completed, and was found to be acceptable on May 28, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Performance Bonding Surety & Insurance Brokerage. AM Dave Webb, Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on l�f/ , at Newport Beach, California. 1 M N r CITY OF NEWPORT BEACH V NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 22nd day of August, 2023, at which time such bids shall be opened and read for BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 $200,000 Engineer's Estimate POis Approved4b�y. M- , . t4,p Z--- James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Mouse Graphics at (949) 548-5571 659 W. 19t" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Kyle Aube, Project Manager at (949) 644-3296 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www. newportbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor- req istration City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 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. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 4 A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has b reviewed. 709151 A, B, HAZ Chief Financial Officer Contractor's License No. & Classification A horized Sign ark itle 1000002928 expires June 30, 2025 DIR Registration Number & Expiration Date Jilk Heavy Construction, Inc. Bidder August 22, 2023 Date City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid Dollars ($ 10% of Total Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Balboa Piers Maintenance, Contract No. 9323-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 16th day of August 445 South Moorland Road Suite 200 Brookfield, Wisconsin 53005 Address of Surety (714) 505-7011 Telephone All Authorized AgentlS M to SEAL, b Melissa Lopez, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) N. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of Orange On AUG 1 6 2023 before me, Albert Melendez NotaryPublic, personally appeared Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(K) whose name(A) is/a*e subscribed to the within instrument and acknowledged to the that Ire/she/thX-y executed the same in Ns/her/t*ir authorized capacity(iRs), and that by lits/her/thgir signature(,-4 on the instrument the person(g), or the entity upon behalf of which the person(X) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. _ ALBERT MELEMDEZ NotaryNO-- California y Orange County L_ Commission d 2391461 My :om.m. En3ires:ar. D. 2026 PLACL- NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE 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: Document Date: Number of Paces: Signer(s) Other than Named Above: * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers. Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attomey(syin-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof. (other than bail bonds, bank depository bonds, mortgage deflciency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benerrfs, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance. or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (h) when signed by the president, any vice president or assistant vice president secretary or ass stant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 13th day of March 2023 0``c.SUREr`, OLD REPUBLIC SURETY COMPANY 'a.ro."i" p'. 9 SEAL Ass13.an: Sec; sla * Pres,denl STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 13th day of March 2023 personally came before me, Alan Paylic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation (�'�����:`A�a4&Nt Y� - J&6�_ -f- i V Notary Public - My Commission Expires: September 28 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation. CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. �0y"C SUNFTL c° 16th August 2023 740053 SEAL P ^ Signed and sealed at the City of Brookfield, WI this day of g OHSC 22262 (3-06) s 1 Asses v II Secrela Performance Bonding Surety & Insurance * OI,D REPUBLIC SURETY CONIPANN' **-.* ** -�4-� ti AIru:I.mJ Rig Jd SIL11C 'u ! Bivo, IicIJ %k I �3I , -; T 114 I I - , :. ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company. Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was physically stamped or impressed onto the bond(s). ,an All terms and conditions of the bond(s) remain unchanged. Signed and effective this twelfth day of May, 2020. Old Re ubli rety Company By= -� Alan Pavlic, President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran On August 21, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/am subscribed to the within instrument and acknowledged to me that he/shs/t executed the same in his/:h '*Fair authorized capacity(is$), and that by his/6er/t6eLr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. *my ANNA LISA PAILA Notary Public • CaliforniaLos Angeles County Commission # 232667A Comm. Expires May 14, 2024 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sig ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: August 16. 2023 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s): Chief Financial Officer ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jilk Heavy Construction, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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) Thumbprint of Signer 7 Capacity(ies) claimed by Signer(s). Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared 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 M. (seal) City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 Contractors 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 subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. n t Jilk Heavy Construction, Inc. Bidder ief Financial Officer City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Jilk Heavy Construction, 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 $200,000, provide the following information: No. 1 Project Name/Number �a4o � M7- 16 11tt 7 d f E S Project Description tw �fjFAIA-0 Approximate Construction Dates: From To: Agency Name po{y ®F dos k�do Contact Person A w, r �, twi (� ( Telephone (31, ) Sid - 3111 Original Contract Amount $ ' A-41inal Contract Amount $ 11 Aflli ) If final amount is different from original, please explain (change orders, extra work, etc.) Ng� &'_0 i V��f� Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No.2 Project Name/Number 5c.er(���e-r^ (4n ► Project Description C W 1 Cr Approximate Construction Dates: From 7 leo I � To: Agency Name VI S Ni 11,�(L41 POJk-") Se(V � C Contact Person rav-eAe —Telephonelaa q6-01% Original Contract Amount $ 15•3 µAYinal Contract Amount $ XDAIEpn If final amount is different from original, please explain (change orders, extra work, etc.) -tu 8o) 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. D No.3 f q Project Name/Number i/, M11 Project Description (dill r d`ct0�4. f bA-.'A+ Approximate Construction Dates: From �� To: Agency Name Q c n54 c- Contact Person NUS hcu� + CI T Z— Telephone (7f1) -f 31 -5611 Original Contract Amount $5-f 4111*inal Contract Amount $ 5• ARM If final amount is different from original, please explain (change orders, extra work, etc.) %�n4r I Ar,,61AS 4fiMS P "144d— flc.'p q" PI e 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. A/v 11 I No.14 Project Name/Number On (411 Carlm+P �t r �o�n✓��C Project Description CSgCIY4•C-- q r- �,�� Approximate Construction Dates: From L W- To: Agency Name PC9 J Contact Person IC u 6 J iiyutf,5 Telephone cS62) 101O0 Original Contract Amount $ •6 µIII( final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) w0.5 m� Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N0 No.3 7 f Ij ,J �JAfUJ n�,' Project Name/Number t'�/�toj� {AL� fA '��'l , +�G (�S Project Description ;r Approximate Construction Dates: From Agency Name CI} k ar qJqo�� Av,, C� To: r Contact Person &,A011G k'(' 6( Telephone (ii0) 3t� Original Contract Amount $12M P� inal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) AAJ Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 Now 8 Project Name/Number Project Description 64 (%1( kr �Mct%r•5 ��r Ktcdr 5 Approximate Construction Dates: From —1 1� D 1 L�k To: 7 17 Agency Name (� � `/ A Contact Person (9 0, III Tr IV (Ji Telephone (31o) 41% -0456 Original Contract Amount $ V*00 Final Contract Amount $ ( .1 Ail (I�n If final amount is different from original, please explain (change orders, extra work, etc.) AUO, koe& 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. J No..6q Project Name/Number On (a T'tr �rl?Gi f 5 Project Description f )'cr M1gairf `I Approximate Construction Dates: From q To: Agency Name (►1 Y dt Contact Person -►Jr fzVl �(4Ao1 641 Telephone (310) %5 --'�2-4 I Original Contract Amount $ ` $61000 Final Contract Amount $ 14a 91060 If final amount is different from original, please explain (change orders, extra work, etc.) tL � k k � tm � v (lu 5 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 N4 12 No. Vo Project Name/Number Ye-d &4tC .P1V 6-0'hSf�en c,I Project Description Pier tkr S Approximate Construction Dates: From )� To: -L2 Agency Name Ci�r 0 5e_4 8� Contact Person I V I� �l� ` q- Telephone (5; K3 Original Contract Amount $L�Aklli&�inal Contract Amount $ HACINO 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. Na.ff if Project Name/Number Vtn i AV (5" u jo►ty 9�/kU r Project Description �S Approximate Construction Dates: From ��'� To: 5L;to;L3 Agency Name CJy OF VWWc Contact Person &/6ci Mk,L&M!LLk/ _Telephone (y05j G3-A-K532 Original Contract Amount $ 3QgOO Final Contract Amount $ 363,PO If final amount is different from original, please explain (change orders, extra work, etc.) A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. D 12 No. Ar U. //�j Project Name/Number U d� 41%a 10 /t pl f-r Project Description Ill` Reov's Approximate Construction Dates: From hy;o'_To:' Agency Name of 6ck�n Contact Person 9cb 6('eC4 la't') Telephone (310) 510 -D= Original Contract Amount $ a3 .d00 Final Contract Amount $ 2 R W If final amount is different from original, please explain (change orders, extra work, etc.) /' A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. a 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 statemen and other information sufficiently comprehensive to permit an apprai�'( of the Contra tor's current financial conditions. I I Jilk Heavy Construction, Inc. Bidder 13 Financial Officer City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Orange Jeremiah Jilk being first duly sworn, deposes and says that he or she is Chief Financial Officer of Jilk Heavy Construction. Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of theizz&-ef �cegbing is true and correct. Jilk Heavy Construction, Inc. Financial Officer Bidder A rized Sign ture/Tt Subscribed and sworn to (or affirmed) before me on this day of 2023 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On August 22, 2023 before me, Anna Lisa Paila, Notary Public Date Here insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(5) whose name($) is/ subscribed to the within instrument and acknowledged to me that he/she/* q executed the same in his/;h tUwir authorized capacity(iss), and that by his/law/tom signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. I �y ANNA LISA PAILA Notary Public • California LOS Angeles County Commission # 2326674 My Comm. Expires May 14, 2024 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 Si ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s): Chief Financial Officer ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jilk Heavy Construction, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 DESIGNATION OF SURETIES Bidder's name Jilk Heavy Construction, 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): Performance Bonding Surety & Insurance Brokerage 15901 Red Hill Avenue, Suite 100, Tustin, CA 92780 (714) 505-7011 Old Replublic International C 445 South Moorland Road, Suite 200, Brockfield, Wisconsin 53305 (714) 505-7011 Venbrook Insurance 6320 Canoga Ave., 12th Floor, Woodland Hills, CA 91367 (818) 598-8984 15 City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Jilk Heavy Construction, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts 39 43 48 39 58 Total dollar Amount of ��,� $31.2M $22.1 M $32M $31 M $37M Contracts (in Thousands of $ No. of fatalities 0 1 0 0 0 0 No. of lost Workday Cases 0 1 1 0 3 3 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Jilk Heavy Construction, Inc. Business Address: 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Business Tel. No.: (310) 830-6323 State Contractor's License No. and Classification: 709151 A, B, HAZ Title Chief Financial Officer 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 Asiq4'1 Date gust 22, QE Title hief Financial Signature of bidder Date gust 22, 2022 Title Secretary Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On August 22, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/4VO subscribed to the within instrument and acknowledged to me that he/sf/e/ttldy executed the same in his/y#/tWir authorized capacity(ies), and that by his/h,9r/tVhiir signature(s) on the instrument the person($), or the entity upon behalf of which the person(§0 acted, executed the instrument. #my ANNA USA PAILA Notary Public - California Los Angeles County Commission # 2326674 Comm. Expires May 14, i24.1 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature "4� nature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Contractors Industrial Safety Record Document Date: Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk 0 Corporate Officer — Title(s):Chief Financial Officer® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. Jilk Heavy Construction, Inc. ©2019 National Notary Association City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Jilk Heavy Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature i►L 18 City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Jilk Heavy Construction, Inc. Business Address: 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Telephone and Fax Number: (310) 830-6323 California State Contractor's License No. and Class: 709151 A, B, HAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: May 12, 1995 Expiration Date: July 31, 2025 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: ,,, 1 A 1i* ` �C2y1'JfAt 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 James F. Jilk Title President Address 500 S. Kraemer Blvd., Suite 380 Brea, CA Telephone 92821 (310) 830-6323 Jeremiah Jilk CFO 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Joshua Jilk Vice President 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 (310) 830-6323 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: N/A Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; 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 cQggLance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes LOJ 411 Are any claims or actions unresolved or outstanding? Yes 0 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. Jeremiah Jilk �nt name of wner or President , orporation/gompany) Jilk Heavy Construction, Inc. �` Chief Financial Officer Bidder A _ zed Signature ' le ief Financial Officer Title August 22, 2023 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. Notary Public in and for said State My Commission Expires: 21 (SEAL) CALIFORNIA•. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On August 22, 2023 before me, Anna Lisa Paila, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aft subscribed to the within instrument and acknowledged to me that he/s#altk sy executed the same in his/h�*wir authorized capacity(iss), and that by his/her/tom 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. ANNA USA PAILA WITNESS my hand and official seal. *my Notary Public - Calttorni&ngeLos Ales County I Commission # 2326674 Signature Comm. Expires May 14, 2Z gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Information Required of Bidder Document Date: August 22, 2023 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s): Chief Financial Officer ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jilk Heavy Construction, Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's KeV 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. 22 City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 SAMPLE CITY CONTRACT 23 City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor 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. 9323-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: August 22, 2023 Date T (310) 830-6323 F (310) 835-2163 Bidder's Telephone and Fax Numbers 709151 A, B, HAZ Bidder's License No(s). and Classification(s) 1000002928 DIR Registration Number Jilk Heavy Constr tion, Inc. J,d er I- " Chief Financial Officer B er's Authorized nature and Title 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Bidder's Address Bidder's email address: Jeremiah@jilkhc.com PR-1 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF JILK HEAVY CONSTRUCTION, INC. The undersigned, as members of the Board of Directors of Jilk Heavy Construction, Inc., a California corporation, and being all of the members of such Board as presently constituted, do by this writing consent to take the following action and adopt the following resolution effective November 15, 2019: RESOLVED, that JAMES F. JILK, as Chief Executive Officer of the corporation, and JEREMIAH T. JILK, as Secretary and Chief Financial Officer, are each individually, as officers of the corporation, authorized on behalf of the corporation to submit bids, execute bonds (including, but not limited to, bid bonds, performance bonds, payment bonds, and warranty bonds), enter into and execute contracts (including change orders), and take such other acts or actions, and execute such other documents as may be necessary for the corporation's normal construction operations. This action is executed pursuant to the provisions of Section 307(b) of the California Corporations Code and Article III, Section 13 of the Bylaws of this corporation, which authorize the taking of action by the directors of the corporation without a meeting. This document is directed to be filed with the minutes of the proceedings of the corporation. City of Newport Beach BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of fen Percent of Total Amount Bid Dollars ($ 10% of Total Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Balboa Piers Maintenance, Contract No. 9323-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16th day of [) August 20 Jilk Heavy Construction, Inc. CFa Name of Contractor (Principal) I Au horEed Sign e i Old Republic Surety Company BY: ..•• G CURE Name of Surety Authorized Agent Sin ure 445 South Moorland Road Suite 200 $ sEat Brookfield, Wisconsin 53005 Melissa Lopez, Attorney -in -Fact Address of Surety Print Name and Title (714) 505-7011 Telephone (Notary acknowledgment of Principal & Surety must be attached) N CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California 1 County of Orange j On AUG 1 6 2023 , before me, Albert Melendez Notary Publi personally appeared Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(K) whose name(N) is/ate subscribed to the within instrument and acknowledged to the that Ire/she/th*y executed the same in his/her/their authorized capacity(ixs), and that by lids/her/their signature(o on the instrument the person(g), or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. aLBERT MELENDEZ Notary Pubtic • California Oran se County 1 Commission a 2391461 — ;Ft MV catur.. Esolres Jar23, 2026 PLACL- NorARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE ��& 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: Document Date: Number of Pages: Signer(s) Other than Named Above: * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizance ; or other written obligations in the nature thereof. (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact. pursuant to these presents. are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance. or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president secretary or ass stant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 131h day of March 2023 sufte. OLD REPUBLIC SURETY COMPANY 4" _ 9 SEAL Assu.ant Sec. eta y President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 13th day of March 2023 personally came before me, Alan Paylic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation 0. Y� - aea-6� Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. C. 16th August 2023 74 0053 = o SEAL >° Signed and sealed at the City of Brookfield WI this day of g GHBC 22262 (3-06) p55,5 V ,l Secreia Performance Bonding Surety & Insurance * OLD REPUBLIC SURETY CONIPANN' =-#-� �, NIo rLmJ Ru id. SILUC 201. Bivk IIicII \1 I T IN 1 I ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old Republic Surety Company. Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the same effect as if the seal was physically stamped or impressed onto the bond(s). All terms and conditions of the bond(s) remain unchanged. Signed and effective this twelfth day of May, 2020. Old Re ubli rety Company By: -� Alan Pavlic, President ACKNOWLEDGMENTCALIFORNIA ALL-PURPOSE •. .w .w A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On August 21, 2023 before me, Anna Lisa Paila Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/aft subscribed to the within instrument and acknowledged to me that he/she/th" executed the same in hisAhtheir authorized capacity(ies), and that by his/laer/tom signature(s) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. ' >, ANNA LISA PAILA y Notary Public • California - Los Angeles County Commission k 2326674 `' � my Comm. Expires Aay 14, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sig ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: August 16 2023 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s): Chief Financial Officer ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Jilk Heavy Construction Inc. Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 1� "\VPOJV U = ? 7*(r C,'q/-IFpRN\P September 15, 2023 Jilk Heavy Construction, Inc. ATTN: Jeremiah Jilk 500 S Kraemer Blvd. Suite 380 Brea, CA 92821 Email: jeremiah@jilkhc.com Subject: Balboa Piers Contract No. 9323-1 Notification of Award To Whom It May Concern: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/publicworks On September 12, 2023, the City Council of the City of Newport Beach awarded the above referenced contract to your firm. Please note: The City of Newport Beach is a self -insured municipality and our insurance certificate requirements are standard and generally require additional wording and endorsements. Please provide a copy of the insurance section of the contract to your insurance provider so they can supply the proper certificates and endorsements. Modification to these requirements will not be considered. Please return as a complete package, both signed original contracts and required insurance certificates, endorsements and bond documents to the City of Newport Beach, Public Works Department as soon as possible to the attention of: Trevor Smouse, Sr. Management Analyst Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 This will allow time for the City of Newport Beach to review and approve the insurance certificates and endorsements and execute the contract. The Contractor shall not commence work until a "Notice to Proceed" has been issued by the City. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. Upon approval, one fully executed original will be returned to your office for your records. Respectfully, Kyle Aube Project Manager NEWPORT AND BALBOA PIER MAINTENANCE CONTRACT NO. 9323-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 12th day of September, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Jilk Heavy Construction, Inc., a California corporation ("Contractor"), whose address is 500 South Kraemer Boulevard, Suite 380, Brea, California 92821, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: ongoing maintenance and repair of the Newport and Balboa Piers (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9323-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eighty Two Thousand Seven Hundred Eighty Dollars 00/100 ($182,780.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jeremiah Jilk to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be Jilk Heavy Construction, Inc. Page 2 required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Civil Engineer, Associate City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jeremiah Jilk Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd. Suite 380 Brea, CA 92821 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Jilk Heavy Construction, Inc. Page 3 Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of Jilk Heavy Construction, Inc. Page 4 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Jilk Heavy Construction, Inc. Page 5 Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Jilk Heavy Construction, Inc. Page 6 16.8 The rights and obligations set forth 'in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act acid/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Jilk Heavy Construction, Inc. Page 7 On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. 1f any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Jilk Heavy Construction, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Jilk Heavy Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9 /j(/ Z 3 i By: - � 4 A on C. Harp 9 zi .z? WU City Attorney ATTEST: Date: A A I-3 By: 4, Leilani I. Bro City Cler O C.4LIFOa' CITY OF NEWPORT BEACH, a California municWorporation Date: Y: u X=61; CONTRACTOR: Jilk Heavy Construction, Inc., a California corporation Date: Signed in Counterpart IN Jeremiah Jilk Chief Financial Officer and Secretary _) [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Jilk Heavy Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: q /Zi/ Z3 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: a ( (R,, By: A on C. Harp I.Zl.z3 Wt- Noah Blom City Attorney Mayor ATTEST: Date: CONTRACTOR: Jilk Heavy Construction, Inc., a California corporation Date:ANIovember 1, 2023 By: By: VVv" Leilani I. Brown Jtmiah Jilk City Clerk Cf Financial Officer and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Jilk Heavy Construction, Inc. Page 10 Needed in Duplicate Original Bond No. WCN7449079 Premium included in Cost of the Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. WCN7449079 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for ongoing maintenance and repair of the Newport and Balboa Piers in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Old Republic Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Two Thousand Seven Hundred Eighty Dollars ($182,780.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Jilk Heavy Construction, Inc. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 31 st day of October , 2023 Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 500 S . Kraemer Blvd., Ste 380 Brea , CA 92821 Address of Surety (310) 505-7515 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ll/ Z12-3 By: AgWn C. Harp City Attorney Authorized Sign BY: Authorized Agent i n tur Melissa Lopez, Attorney -in -Fact, Print Name and Title EAL » NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jilk Heavy Construction, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page A-3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On November 1, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) Wars subscribed to the within instrument and acknowledged to me that he/sAe/t0s9y executed the same in his/[Xr/thMr authorized capacity(ses), and that by his/her/their signature) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 90my ANNA LISA PAILA Notary Public - California Los Angeles County Commission M 2326674 Comm. Expires May 14, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �Jgnure of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor & Materials Payment Bond Document Date: October 31, 2023 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk Signer's Name: ® Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. 02019•nal Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On OCT 3 1 2023 personally appeared before me, Albert Melendez , Notary Public, Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(K) whose name(A) Wave subscribed to the within instrument and acknowledged to me that Re/she/tl-ky executed the same in Ws/her/their authorized capacity(ixs), and that by his/her/their signature(s� on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ALBERT MELENDEZ Notary Public - California Orange County_ Commission # 2391461 O My Comm. Expires Jan 23, 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE XIN 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: Document Signer(s) Other than Named Above: ber of Pages: * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be ,r o ttil. 13th day of March 2023 * _4__zz_ -, ntS creta STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS W O�OOPPORR T 9 SEAL ° raei r c OLD REPUBLIC SURETY COMPANY A /uc President On this 13th day of March 2023 , personally came before me, Alan Payllc and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. tiP''OTgR i1rrJ/ "%•A�et�G•{`� ~a Notary Public •.O ' Yitg My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attornev, are now in force. 740053 ORSC 22262 (3-06) E ..o°Oe�G d J 9 SEAL :> Signed and sealed at the City of Brookfield, WI this 31st day of October 2023 AS..rel. Performance Bonding Surety & Insurance �k is OLD REPUBLIC SURETY COMPANY * * * * 445 S. 14doodmia Rtud, Su61ti 2410.. Biwkficla. %% 1 531` ti 1 .l.h'-21--1-102 :ox ADDENDUM TO SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued an behalf of Old Republic Srirety t=,'on-pany- Old Republic Surety Company consriders the electronic image of the fallowing corporate seal that is affixed to the bond(s) to be of the same effect as if the seat was pthyslica'lly stamped or impressed onto the bond(s)- All terms and cGnditions of the bond(s) remain unchanged. Signed �--ind effective this twelfth day of May, 20120- told Republlc S' rety company Alan Palvlic, President e {� • t?f.II1tF.F1iE11.1(' IY�[!R.iti{'H. i:1i{DI;P Needed in Duplicate Original EXHIBIT B CITY OF NEWPORT BEACH BOND NO. WCN7449079 FAITHFUL PERFORMANCE BOND Bond No. WCN7449079 Premium: $1,828.00 Subject to Change Based on Final Contract Price The premium charges on this Bond is $ 1,828.00 , being at the rate of $ Tiered Rate First $500,0000 (a? $10.00 thousand of the Contract price. Next $21VIM @ $7.50 Next 2.5 MM @ $6.50 WHEREAS, the City of Newport Beach, State of California, has awarded to Jilk Heavy Construction, Inc. hereinafter designated as the "Principal," a contract for ongoing maintenance and repair of the Newport and Balboa Piers in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Old Republic Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty Two Thousand Seven Hundred Eighty Dollars ($182,780.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 Jilk Heavy Construction, Inc. Page B-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31st day of �Rctober 2023 . Jilk Heavy Construction, Inc. CFO Name of Contractor (Principal) A orized Sfgn-atureditle 500 S . Kraemer Blv Address of Suret AA Old Republic Surety Company BY: Name of Surety d., Ste 380 Brea , CA 92821 Y TO FORM: EY'S OFFICE NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S (310) 505-7515 Telephone APPROVED A CITY ATTORN Dal City Attorney Authorized Agent Si atur Melissa Lopez, Attorney -in -Fact r� `�=��gO1NrTh'p'e o SEAI, Print Name and Title Jilk Heavy Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20. before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Jilk Heavy Construction, Inc. Page B-3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ... ^. ..- .. . , .. .. .. :...^v :.... .... .:,•-:^L• �.,•.i.^: �:?:?L•'`s5'tiz'U`•. sue: i:S::-•:•'itk:;titi�`-: ••�:`.`-:.C�:-.n�.`.•:..•.ti v:.^..?c...:`.t •.s ::?:t� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On November 1, 2023 before me, Anna Lisa Paila, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremiah Jilk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g) is/as* subscribed to the within instrument and acknowledged to me that he/she/tbsey executed the same in his/lXr/thXr authorized capacity(bes), and that by his/har/thair signature(m) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument. *my ANNA LISA PAILA Notary Public •CaliforniaLos Angeles County FCommission N 2326674 Comm. Expires May 14, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Si nature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: October 31, 2023 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk Signer's Name: ® Corporate Officer — Title(s):Chief Financial Officer[] Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Jilk Heavy Construction, Inc. C2019 National• • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange j On OCT 3 1 2023 personally appeared before me, Albert Melendez , Notary Public, Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(X) whose name(s) is/auke subscribed to the within instrument and acknowledged to me that he/she/thky executed the same in Ws/her/t*ir authorized capacity(ixs), and that by his/her/their signature(o on the instrument the person(g), or the entity upon behalf of which the person(A) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. ----——--——--- ALBERT MELENDEZ Notary Public - California z Orange County Commission 4 23914b/ My Comm. Expires Jan 23, 2026 PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. SIGNATURE 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 doctulient: Document s) Other than Named Above: Number of Pages: * OLD * REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez of Tustin, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 13th day of March 2023 ,0 suggOLD REPUBLIC SURETY COMPANY W O �ORPORAiF .`Ca � _ SEAL ?O t Secrela e r President , mu*nmoo`d. STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 13th day of March 2023 personally came before me, Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. yN R. P� ■ �' TA p P : it - `�;'• V84 Notary Public My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. a WHO GORPOAAitT. cO 740053 = g. SEAL : s"= Signed and sealed at the City of Brookfield, WI this z o x= roe, T ORSC 22262 (3-06) 31 st day of October 2023 lAs4sis-ol Secrets Performance Bonding Surety & Insurance it it # OLD REPUBLIC SURETY COMPANY # * # 445 S. Moor 1:und Rnud, Slllli _IKI, Bw<iklield. 11 1='l'i'_ C I --I- ,� ;..�..•i,.-;c:.:ua• ADDENDUM T4 SURETY BOND This addendum pertains to the bond(s) to which it is attached and that have been issued on behalf of Old RepublicSurety,' Company - Old Republic Surety Company considers the electronic image of the following corporate seal that is affixed to the bond(s) to be of the some effect as if the seat was physically stamped or impressed onto the bond(s)- MALL All terms and conditions of the bond(s) remain u11c:hanged. Signed and effective this twelfth day of may, 2,0120- Old RepublS rety Company By-_L� �1 .Tan Pavlic, President 01 DRRFI FILIC I NIW R A %CF GROI:P _ E . \ �z �f. � — — � j A ƒ \ . w / j f \ ( � � § 2 ® m § In 4 LO \ k \ G S B ] ƒ 2 \ 0 § \ k # # ) ) 3 \ E j m ) & ƒ ) � j & 2 ) / u ) ► � � � � ► ► � . . � — % CD) / § CD ) all" City of Newport Beach Balboa Piers Maintenance 241-109 (9323-1), bidding an 0812212023 10.00 AM (PDT) Page I of 4 Printed 08/22/ 2023 Bid Results Bidder Details Vendor Name Jilk Heavy Construction, Inc. Address 500 S Kraemer Blvd. Suite 380 Brea, California 92821 United States Respondee Jeremiah Jilk Respondee Title CFO Phone 310-830-6323 Email jeremiah(7ajilkhc.com Vendor Type License # 709151 CADIR Bid Detail Bid Format Electronic Submitted 08/22/2023 9:46 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 342746 Respondee Comment Buyer Comment Attachments File Title JHC Bid Package.pdf JHC Bid Bond.pdf File Name JHC Bid Package.pdf JHC Bid Bond.pdf File Type General Attachment Bid Bond PlanetBids, Inc. City of Newport Beach Balboa Reis Maintenance 24H09 j9323-1), bidding on 0812'J^_0'23 10.00 AM (PDT) Page_' of 4 Printed 0812 /20'23 Subcontractors No Subcontractors PlanetBids, Inc. City of Newport Beach Balboa Piers Maintenance 24H09 (9323-1). bidding on 08122J'_02310.00 AM (PDT) Page 3 of 4 Printed 08/22/2023 Line Items Discount Terms No Discount Item # Item Code Type Item Description Section 1 1 Mobilization and Demobilization 2 Traffic Control 3 Remove Existing and Install New Pile Post Including all Associated Pile Straps, Diagonal Braces, Bolts, and Hardware 4 Remove Existing and Install New Diagonal Brace Including all Associated Bolts and Hardware 5 Progress Photos and As -Built Plans UOM QTY Unit Price Line Total Response Comment 8182,780.00 LS 1 $87,000.00 $87,000.00 Yes LS 1 $5,400.00 $5,400.00 Yes EA 1 $63,655.00 $63,655.00 Yes EA 3 $8,575.00 S25,725.00 Yes LS 1 $1,000.00 S1,000.00 Yes PlanelBids, Inc. City of Newport Beach Balboa Piers Maintenance 24H09 (9323-1), bidding on 08/22J2023 10.00 AM (PDT) Page 4 of 4 Printed 08/22/2023 Line Item Subtotals Section Title ' Section 1 Grand Total Line Total $182,780.00 $182,780.00 PlanetBids, Inc. City of Newport Beach Balboa Piers Maintenance 241109 (9323-1). bidding on 08/22/2023 10:00 AM (PDT) Page I of 4 Printed 08/22/2023 Bid Results Bidder Details Vendor Name Jilk Heavy Construction, Inc. Address 500 S Kraemer Blvd. Suite 380 Brea, California 92821 United States Respondee Jeremiah Jilk Respondee Title CFO Phone 310-830-6323 Email jeremiah@ajilkhc.com Vendor Type License # 709151 CADIR Bid Detail Bid Format Electronic Submitted 08/22/2023 9:46 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 342746 Respondee Comment Buyer Comment Attachments File Title JHC Bid Package.pdf JHC Bid Bond.pdf File Name JHC Bid Package.pdf JHC Bid Bond.pdf File Type General Attachment Bid Bond PlanetBids, Inc. City of Newport Beach Balboa Piers Maintenance 241-109 (9323-1), bidding on 08/22/2023 10:00 AM (PDT) Page 2 of 4 Printed 08/22P2023 Subcontractors No Subcontractors PlanetBids, Inc. City of Newport Beach Balboa Piers Maintenance 24H09 (9323-1), bidding on 08122/2023 10:00 AM (PDT) Page 3 of 4 Printed O812212023 Line Items Discount Terms No Discount Item x Item Code Type Item Description Section 1 1 Mobilization and Demobilization 2 Traffic Control 3 Remove Existing and Install New Pile Post Including all Associated Pile Straps, Diagonal Braces, Bolts, and Hardware 4 Remove Existing and Install New Diagonal Brace Including all Associated Bolts and Hardware 5 Progress Photos and As -Built Plans UOM OTY Unit Price Line Total Response Comment S182,780.00 LS 1 587,000.00 $87,000.00 Yes LS 1 $5,400.00 $5,400.00 Yes EA 1 $63,655.00 S63,655.00 Yes FA 3 $8,575.00 $25,725.00 Yes LS 1 $1,000.00 $1,000.00 Yes PlanetBids, Inc. City of Newport Beach Balboa Piers Maintenance 241-109 (9323-1), bidding on 08/22/2023 10.00 AM (PDT) Page 4 of 4 Printed 08122/2023 Line Item Subtotals Section Title Section 1 Grand Total Line Total $182,780.00 $182,780.00 PlanetBids, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX d/, FOR //c��93686 SPECIAL PROVISIONS /' BALBOA PIERS MAINTENANCE PROJECT NO. 24H09 CONTRACT NO. 9323-1 PART 1 - GENERAL PROVISIONS SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-13 Ocean Conditions SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENTAND FACILIITIES 7-1.2 Temporary Utility Services 7-2 LABOR 7-2.2 Prevailing Wages 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 5 5 6 6 7 7 7 7 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 8 7-10 SAFETY 9 7-10.1 Traffic and Access 9 7-10.2 Street Closures, Detours and Barricades 9 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 12 PART 2 - CONSTRUCTION MATERIALS 12 SECTION 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 12 204-1 LUMBER AND PLYWOOD 12 204-1.1 Kinds 12 204-1.1.2 Douglas Fir 12 SECTION 206 — MISCELLANEOUS METAL ITEMS 12 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS 12 206-1.1 Requirements 12 206-3 GRAY IRON AND DUCTILE IRON CASTINGS 12 206-3.8 Malleable Iron Washers 12 206-3.9 Spike Grid Timber Connectors 13 206-7 STAINLESS STEEL 13 206-7.1 General 13 206-7.2 316 Stainless Steel Hardware: 13 SECTION 210 —PAINT AND PROTECTIVE COATINGS 14 210-6 PILE WRAP 14 210-6.1 General 14 210-6.2 Nails for Pile Wrap 14 210-6.3 Pile Surface Preparation 14 210-6.4Installation 14 SECTION 305 — PILE DRIVING AND TIMBER CONSTRUCTION 14 305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION 14 305-2.1 General 15 305-2.2 Materials 15 305-2.3 Workmanship 16 305-2.4 Submittals 16 305-2.5 Execution 16 APPENDIX A 18 PHOTOS 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA PIER MAINTENANCE PROJECT NO. 241-109 CONTRACT NO. 9323-1 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. H-5276-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 18 At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of completing repairs to Balboa Pier as indicated in the drawings and the specifications including replacing missing or broken timber members and their associated hardware and bolts. Work includes both underwater and above water / under deck repairs. 2-13 Ocean Conditions The Contractor is advised that the project sites are located within a coastal zone that experiences variable changes in wind, waves, water level, current, and weather. The Contractor is further advised that the project sites are located within a coastal zone that may experience higher wave heights due to offshore wave refraction and shoaling effects. The work may be exposed to storm wave attacks. Portions of the work specified herein may require the Contractor to schedule his activities during times of most favorable tides. Low tides do not always occur during daylight hours. The Contractor shall satisfy himself as to the hazards, risks, and work conditions likely to arise from weather variations and/or tidal variations and is advised to subscribe to a marine weather and wave forecast service and consult tide tables published by the National Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted tide elevations due to wind, storms, atmospheric conditions, and other effects. The bidder to whom this contract is awarded agrees by execution of the contractor that the Contractor neither has nor shall have any claim, demand, action or cause of action against the City of Newport Beach, or any officer or employee thereof, on account of or in respect to any actual Ocean conditions that are in variance with predicted events. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost Page SP 2 of 18 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with 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. Page SP 3 of 18 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, locating all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has located and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box or cover of identical type and size at no additional cost to the City. Lighting, utility services, trash collection, etc., shall continuously provided to the piers and restaurants and not disrupted by the Contractor's activities. If the existing utilities interfere with construction, the Contractor shall submit drawings to the Engineer for approval showing methods, materials, and sequences of operation for maintaining utility services. The cost of any temporary relocation of utilities will be at the Contractor's expense. Notching of pier timbers for utility lines will not be permitted unless authorized by the Engineer. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule Page SP 4 of 18 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Construction shall begin after Labor Day 2023. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 25 consecutive working days after the date on the Notice to Proceed. If work is not completed within the specified date, remobilization shall be at the burden/expense of the contractor. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working 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 $176 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) Page SP 5 of 18 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar 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, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page SP 6 of 18 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut -downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Page SP 7 of 18 Construction materials and equipment may only be stored in streets, parking lots, beaches, piers, roads, or sidewalk areas if approved by the Engineer in advance. 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. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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. Move maintenance and repair activities on shore, if feasible. b. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. c. Checking construction vehicles/equipment for leaking fluids. d. Providing a controlled area for cleaning or rinse -down activities. e. Monitoring construction activities. f. Minimizing usage of water when saw -cutting and vacuum the residue. g. Providing measures to capture or vacuum -up water contaminated with construction debris. h. Removing any construction related debris on a daily basis. i. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City 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 14.36.030 of the City's Municipal Code. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS In general all vehicle loads shall not exceed 2.5 tons. Vehicles used on the piers shall not exceed a gross weight of 10,000 pounds, nor shall axle load exceed 8,000 pounds unless the vehicle/equipment is driven over timber mats or other means of distributing equipment loads in a uniform manner. The Contractor shall place 4' x 8' plywood sheets adjacent to work area to eliminate staining and spillage of materials on the existing improvements and existing concrete deck. The Contractor is cautioned to be especially careful in any welding and cutting operations to avoid fire in timber structures. The Contractor shall furnish and maintain all safety devices and extinguishers. A fire watch shall be established whenever welding Page SP 8 of 18 or acetylene torches and other flame cutting devices are used. The fire watch personnel shall have a dry chemical extinguisher ready for use. In addition the Contractor shall also protect any donated/plaqued benches and the landscaping and irrigation at the base of the pier. 7-10 SAFETY 7-10.1 Traffic and Access 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 the restaurant building at the end of Balboa Pier and onto the public concrete pier decks must be maintained at all times. Any work areas on the pier deck shall be fenced off with a minimum 6 foot tall fence with a green privacy screen. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.2). 7-10.2 Street Closures, Detours and Barricades At the pre -construction meeting, the Contractor shall submit plans for closing, detouring, and barricading piers or other work areas to the Engineer for approval. A separate plan shall be submitted for each pier or other work area and for each stage of proposed construction. The plans shall include the following: 1. Locations of work areas and traffic controls, barricades, warning and guidance devices, temporary restrictions, etc., around these work areas; 2. Locations of nearby areas where work will be performed by others; 3. Other details that may be necessary to assure that fishermen, pedestrians, and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience. 4. Emergency vehicle access shall be maintained at all times. Fishing areas shall be accessible at all times except within the Contractor's work area. The piers may not be closed at any time. The Contractor shall install and maintain signage, as approved by the Engineer, indicating that Ruby's will remain open during construction. The Contractor shall accommodate the City's trash collection and deliveries to Ruby's restaurant on the pier. If necessary, it shall be the Contractor's responsibility to make Page SP 9 of 18 alternative trash collection arrangements by contracting the City's Refuse Manager, at (949) 718-3466. 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. 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 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices 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. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, all labor, tools, equipment and material costs for providing bonds, insurance (including Longshoreman Insurance) and financing, preparing and implementing the BMP Plan, Page SP 10 of 18 preparing and updating construction schedules as requested by the Engineer, attending all construction progress meetings, providing 6-ft tall screened construction fencing for work area and laydown/storage area, public noticing and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3 Remove Existing and Install New Pile Post Including All Associated Pile Straps, Diagonal Braces, Bolts, and Hardware: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing materials; removing existing damaged pile, removing the damaged pile's pile straps on each side, remove existing diagonal braces (2 braces approximately 26 board feet long each), removing existing bolts and hardware, replacing with new stainless steel bolts and hardware, salving any stainless steel hardware, installing new treated timber pile post and wrap system, installing new diagonal braces (2 braces approximately 26 board feet long each), repairing deteriorated bolt holes, installing new galvanized iron spike grid, installing new galvanized malleable iron washers, installing new pile straps at each side of new pile post and restoring the pile to full bearing capacity at the Pier, as specified in the Contract Documents; and all other work items not otherwise itemized as required to complete the work in place. Unit Price per Lump Sum. Item No. 4 Remove Existing and Install New Diagonal Brace Including All Associated Bolts and Hardware: Work under this Item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals; procuring, approving, delivering, storing material; removing and disposing existing corroded hardware; removing and disposing existing damaged brace (approx. 24 board feet), replacing with new brace, salvaging any stainless steel hardware; replacing with new stainless steel hardware; installing new brace (approx. 24 board feet), repairing deteriorated bolt holes, installing new galvanized iron spike grid, installing new galvanized malleable iron washers; and all other work items not otherwise itemized as required to complete the work in place. Unit Price per Each. Item No. 5 Progress Photos and As -Built (Fixed): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for actions necessary to submit photographic records and provide as -built drawings. Photographic records submittal shall be both in hard copy and digital format and represent all repairs made. These records shall be legible, organized, and tabulated. Questionable records Page SP 11 of 18 could delay the processing of progress and final payments. As -Built drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. 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 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD 204-1.1 Kinds 204-1.1.2 Douglas Fir All timber shall be rough size Pacific Coast Douglas Fir Number 1 or better, with size same as existing member being replaced and treated to comply with use category "AWPA UC5B Marine Use". SECTION 206 — MISCELLANEOUS METAL ITEMS 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS 206-1.1 Requirements All items of hardware such as plates, shim plates, hangers, threaded rods, lag screws, nails, and spikes shall be furnished and installed as noted on the plans. Galvanized components are permitted only when their stainless -steel counterparts are not readily, commercially, and economically available. Bolts, anchors, straps and similar items which are not specifically called for under this Specification, but which are needed for the installation of various parts of the work, shall be provided and installed by the Contractor. 206-3 GRAY IRON AND DUCTILE IRON CASTINGS 206-3.8 Malleable Iron Washers Page SP 12 of 18 Galvanized Iron per ASTM A123, conforming to ASTM A47, as manufactured by Portland Bolt & Manufacturing Co., Fastenal, or Engineer approved equal. Supplied without keyhole, i.e., round hole only. Minimum Dimensions: Bolt Diameter Minimum O.D. Minimum Thickness 3/„ 3° 7/16„ 7/8" 3 '/2" 7/16" ill 3 3/" 1/2n 1 1 /8" 4 '/2" '/2" 206-3.9 Spike Grid Timber Connectors Galvanized iron, 4-1/8" x 4-1/8" conforming to ASTM A47, grade 32510, and galvanized per ASTM A123; as manufactured by Portland Bolt & Manufacturing Co., Cleveland Steel, or Engineer approved equal. Use single curve spike grid between pile and flat timber members; use flat spike grid between two flat timber pieces. 206-7 STAINLESS STEEL 206-7.1 General Stainless steel bolts and miscellaneous hardware shall be AISI 316L. Bolt replacements shall be 1" diameter with nuts and lock washers unless otherwise indicated. 206-7.2 316 Stainless Steel Hardware: Bolts: ASTM A193, Grade 138M Class 1; or F593, Group 2, Condition A Non -Malleable Washers: Made from 316L Stainless Steel Nuts: ASTM A194, Grade 8M; or F594, Group 2, Condition A Lag screws: ASTM A193, Grade BBM, Class 1 Wood Screws: ASTM A276, 316L Stainless Steel Carefully measure and select bolts with sufficient thread length to allow complete tightening without filler plates or washers. Page SP 13 of 18 SECTION 210 — PAINT AND PROTECTIVE COATINGS 210-6 PILE WRAP 210-6.1 General Pile wrap system shall consist of an inner barrier of 20 mil Polyethylene containing no processed resin. Outer wrap shall be Seashield Series 160 HDPE (150 mils thick or greater) as manufactured by DENSO North America or Engineer approved equal secured with stainless steel nails. The outer wrap shall be extruded in pile shape to fit the specified piles and pre -drilled to the specified nail spacing. Systems by other manufacturers providing same or better performance may be submitted to the Engineer for review and approval. Approval decision will be at the Engineer's sole discretion. Failure to approve shall not be grounds for claim and contractor will be required to use one of those listed above. Approval may be granted before bid providing all documents needed to make decision are submitted a minimum of 14 days before bids are due. Approved system(s) will be added by addendum. Pile wrap shall be attached with minimum 20 penny stainless steel nails and stainless steel washers as approved by the Engineer. Pile shall be wrapped to a minimum of 3- feet below the mudline and approximately 8-feet above the M.L.L.W. Datum. 210-6.2 Nails for Pile Wrap Nails for inner pile wrap shall be eight (8) penny Type 316 stainless steel common wire nails with straight or spiral shank and neoprene sealing washers. Nails for outer wrap shall be twenty (2) penny Type 316 stainless steel common wire nails with straight or spiral shank. 210-6.3 Pile Surface Preparation Prior to application, thoroughly clean and remove marine growth, old nails, bolts, and any other deleterious material which might prevent proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure water blasting and grinding. 210-6.4 Installation Contractor shall install product per manufacturer's instructions. SECTION 305 — PILE DRIVING AND TIMBER CONSTRUCTION 305-2 TIMBER STRUCTURES AND TIMBER CONSTRUCTION Page SP 14 of 18 305-2.1 General Timber construction consists of furnishing supervision, labor, materials, transportation, equipment and incidentals necessary for reinstalling, and replacing missing or damaged stringers, cross bracing, and cross bridging; drilling holes; fabricating metal items for connection of associated timber work as may be directed by the Engineer. Bolts, anchors, straps, and similar items which are not specifically called for under this Specification, but which are needed for the installation of various parts of the work, shall be provided and installed by the Contractor. Contractor shall re -attach and re -secure all loose cross bridging with stainless steel fasteners. The Contractor shall have piling delivered at the Balboa Pier. The piling shall have the proper tags and documentation attached. The pile shall be covered with pile covers prior to driving. All piles shall have 4 steel bands applied after being treated. The bands shall be 1 '/4 inch wide and 0.31 inch thick cold -rolled steel, fully heat treated, painted and waxed. The strap shall be located at 24 inches, 18 inches, and 12 inches from the butt end and 12 inches from the tip end. The Contractor shall remove the damaged existing pile. Jetting should be used to free the pile prior to removal, without overloading the pier structure. The new pile may be placed in the void created in the soil by the extracted pile and shall be jetted or driven to the location and depth shown on the Drawings. During installation, the new pile shall be carefully repositioned to its final location under the cap beam. Piles cracked during installation shall be removed and replaced by Contractor at their sole expense. 305-2.2 Materials Unless noted otherwise on the Plans, all new and replacement timber and lumber material for piles, cross bracing, cross bridging, blocking, stringers, and framing shall be rough size Pacific Coast Douglas Fir, Number 1 or better and shall conform to Sections 204-1.1.2 and 204.1.3.1. All timber and lumber shall be pressure treated with chemonite (AZCA) per AWPA Standard P5-15 to a minimum net retention of 2.50 pounds per cubic foot by assay and inspected in accordance with Section A of AWPA M2-19. Piles shall be clean peeled, using a machine peeler. All inner and outer bark shall be removed; care shall be exercised to see that the sapwood is not cut through or removed in the process of peeling. Butts and tips shall be sawed square with the axis of the pile. All knots and limbs shall be trimmed or smoothly cut flush with the surface of the pile, except that knots may be hand trimmed flush with the surface of the swell surrounding the knot. As practical, all edging, bonding, chamfering, gaining, trimming, etc. shall be done prior to treatment. For bearing piles, the minimum circumference of piles after peeling shall be 43 inches, measured 3 feet from the butt. In piles not having a circular cross-section, the longer diameter shall not be more than 1.2 times the shorter diameter. The minimum tip diameter shall be 10 inches. Page SP 15 of 18 305-2.3 Workmanship Any existing materials or members not shown to be removed or replaced that are damaged during construction shall be replaced with new materials to match the existing. Lumber shall be connected and fastened as indicated on the plans. Members to be bolted shall be predrilled no more than 1/8-inch larger than the bolt diameter. Splices shall be staggered. There is to be a minimum of field drilling and cutting of lumber as it exposes untreated wood. Handling and care of pressure treated wood shall conform to the requirements of the Standard Instructions for the Care of Pressure Treated Wood (AWPA M-4). All necessary cuts, bolt holes, etc., in piling or lumber, existing or new, shall be swabbed thoroughly with two coats of copper naphthenate. Contractor shall remove laitance, grease, oil, rust and other bond inhibiting materials from cracks, splits and crevices in the pier's structural elements by wire brush, sand blasting or water jet prior to epoxy application. 305-2.4 Submittals The Contractor shall: A. Supply Certifications of materials compliance for all timber and lumber. B. Notify the Engineer one week prior to treatment of timber and lumber so that plant inspection may be arranged. C. Furnish the Engineer, one week prior to doing any timber work, with certificates of wood preservative treatment for approval. The written certifications and plant inspection analysis reports shall conform to the requirements of Section A of AWPA M2-97. Any Timber delivered to the job site that does not meet the minimum requirements of net retention and/or penetration of preservative shall be rejected by the Engineer. Rejected material shall be immediately hauled away by the Contractor at the Contractor's sole expense. 305-2.5 Execution The Contractor shall: A. Pre -drill pilot holes with a bit 1/16 inch less diameter than the diameter of the nail for all nails larger than 16d. Nail without splitting wood. B. Drill straight and true from one side only. C. Do not bear bolt threads on wood, but use malleable iron washers under head and nut where both bear on wood, and use malleable iron washers under all nuts. Page SP 16 of 18 D. For stringer, pile cap, pile, and other treated wood members which have ends cut off or holes drilled, the cut surface or the hole shall be thoroughly cleaned and treated per AWPA M4-23. E. Pour bolt holes full of preservative prior to installing bolts. F. Contractor shall take care to avoid damage to the piles when placing them in the leads and during the driving operations. Piles shall be laterally supported during jetting and driving, but shall not be unduly restrained from rotation in the leads. Special care shall be taken in supporting battered piles to prevent excess bending stresses in the piles. G. A driving helmet or cap including a cushion block or cap block of approved design shall be used between the top of the pile and the ram to prevent impact damage to the pile. The driving helmet or cap shall fit snugly on the top of the pile so that the energy transmitted to the pile is uniformly distributed over the entire surface of the pile head. The cushion bock may be a solid hard wood block with he grain parallel to the pile axis and enclosed in a close fitting steel housing. The cushion block shall be replaced if it has been damaged, split, highly compressed, charred or burned, or has become spongy or deteriorated in any manner. Under no circumstances will the use of small wood blocks, wood chips, rope or other material permitting excessive loss of hammer energy be permitted. H. The Contractor shall remove the existing pile to be replaced. In the event that the Engineer deems such removal impossible, the Contractor shall cut off and remove the existing pile at a 1-foot minimum below the sand line. The replacement pile shall then be placed adjacent to the remainder of the existing pile and driven immediately adjacent to the former pile's position along the pile cap. Pile orientation is critical; therefore, special care shall be given to maintain proper orientation during jetting and driving. Piles shall be driven as close as possible in the position shown on the plans. The maximum allowable tolerance for deviation from the plans location shall be two (2) inches perpendicular to bents and six (6) inches parallel to bents. Minimum driven penetration of piles below jetted penetration or pre -drilled hole bottoms shall be 3 feet. The pile hammer shall develop a striking force of at least 15,000 ft.-Ibs. and a maximum of 20,000 ft.-Ibs. without injuring the pile. The Contractor shall take every precaution against breaking or damaging the piles. During driving operations, any piles that are broken, damaged, or that do not meet driving tolerance shall be pulled and replaced by the Contractor at his sole expense. Page SP 17 of 18 APPENDIX A PHOTOS Page SP 18 of 18 `t Damaged Brace at Pile Grid J Between Pile Bents 43 and 44. Page 1 of 3 Damaged Braces at Pile Grids B and D Between Pile Bents 43 and 44. Page 3 of 3