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C-9759-3 - 2025-2026 Ocean Pier Maintenance Project
CITY OF NEWPORT BEACH 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 Before 2:00 PM on the 17th day of December 2025, at which time such bids shall be opened and read for 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 $475,000 Engineer's Estimate :�. Approved by %James M. Houlihan �. D ut PWD/Cit Engineer P Y Y 9 Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.[?Ianetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE -BID SITE WALK: A mandatory site walk will be conducted for this project at 70 Newport Pier, Newport Beach, CA 92663 on 12/3/25 at 2:00 PM Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 1821 East Dyer Road # 125, Santa Ana, CA 92705 Contractor License Classification(s) required for this project: "A" For further information, call Ellis Petersen, P.E., Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newDortbeachca gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach 2026-2026 Ocean Pier Maintenance Contract No. 9769-3 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 Co Clerk's Office in Sealed Envelope before the bid opening) 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. 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. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 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: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has be reviewed. 709151 A, B, HAZ A Chief Financial Officer Contractor's License No. & Classification A4 Rorized Sign ure/Title 1000002928 DIR Registration Number & Expiration Date Jilk Heavy Construction, Inc. Bidder 5 December 16, 2025 Date City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid ----------- Dollars ($--------(10%)----- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2025.2026 Ocean Pier Maintenance, Contract No. 9759-3 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 da) Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Insurance Company Name of Surety c/o The Baldwin Group West, LLC 15901 Red Hill Ave., Suite 100 Tustin, CA 92780 Address of Surety (714) 505-7011 Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 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 County of Orange On QE", 16 20b before me, Zyanya Q. Hernandez , Notary Public, personally appeared Melissa Lopez 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 her'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 State of California that the foregoing paragraph is true and correct. *.,yZYANVA Q. HERNANDEZ Notary Public • California Camm�on P2497409 Comm. Expires Aug 12, 202E 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: Signer(s) Other than Named Above: Number of Pages: r * * r * OLD REPUBLIC INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock Insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez, Jessica T. Garcia 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, recognizances or other written obligations in the nature thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the acts of said Atlomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authoof the board of directors at a meeting held on December 10, 2019. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of director; of the OLD REPUBLIC INSURANCE COMPANY on December 10. 2019. RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, in conjunction with the secretary or any assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Company may deem appropriate, Powers of Attorney In the form presented to and attached to the minutes of this meeting, authorizing such persons to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of Installment paper and not guaranty bonds. The said officers may revoke any Power of Attorney previously granted to any such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Compan (i) when signed by chairmen, president or any vice president of the Company's surety division and attested and sealed (ifa seal be required) by any secretary or assistant secretary, or (it) when signed by a duly authorized Attomey-in-Fact and sealed with the seal of the Company (if a seal be required). RESOLVED FURTHER, that the signature of any officer designated above, 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 INSURANCE COMPANY has caused these presents to be signed by Its proper officer, and Its corporate seal to be affixed this 21 st day of August 2025 OLD REPUBLIC SU E COMPANY Assistant Sae Vice President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 21 st day of August 2025 , personally came before me, Alan Pavlic and Kevin J. Abitz to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severalty 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 organization. CERTIFICATE • APIA , U®4� Notary Public My Commission Expires: September 28, 2026 (F-xpiradon of notary's commission does not Invalidate this Instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania 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. SiMALgned and sealed at the City of Brookfield, Wt this 16th day of December 2025 740053 ORSC 11009(6-93) Assistant sauata Performance Banding Surety 8 insurance Brokerage OLD REPUBLIC INSURANCE GROUP * * * * 18500 W. Corporate Drive, Suite 170, Brookfield, Wl 53045 1 T: 800-217-1792 1 www.orsurety.com 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 Insurance Company. Old Republic Insurance 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). SQL Arm tY64 � .. SYLvP-f�r� All terms and conditions of the bond(s) remain unchanged. Signed and effective this 16th day of December 2025 Old Republic Insurance Company By; . IL IX4- Alan Pavlic, Vice President 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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 n Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO ICFO /COO - T 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 Orange } ss. On December 16 12025 before me, Anna Lisa Paila Notary Public, personally appeared Jeremiah Jilk who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/she/tmy executed the same in his/her/their authorized capacity(bim), and that by his/i ter/tkair signatures( on the instrument the persono), or the entity upon behalf of which the personM 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. ANNAUSAPA Notary Public • Californial orange County Commission Y 2487207 My Comm. Expires May 14, 2028 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) islare 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) City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the 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. A r Jilk Heavy Construction, Inc. Bidder C~] , Chief Financial Officer City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this farm!!! 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 $300,000, provide the following information: No. 1 Project Name/Number 5Cera gn I"I Project Description 10, Approximate Construction Dates: From 712011 T m Agency Name a Pak Serwce Contact Person W. 6raveAle- Telephone (A q W-11 Original Contract Amount $ IS.3 Wf• Final Contract Amount $ ?A2 Al Von If final amount is different from original, please explain (change orders, extra work, etc.) MA scope-k dymeh 4--o Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No 10 No. 2 Project Name/Number ot-ws-. Pi-r UflI(1Q-c,0 Project Description��t�f REI W, &-,r Approximate Construction Dates: From q To: 4' 410A `', Agency Name � Or &GGAS Contact Person W6 MLf p'L Telephone (' y3S�s�►�� Original Contract Amount $ S's'A; r' Final Contract Amount $ 5.1 AM(on 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. D No.3 Project Name/Number 0A CAI1 --''rr__ j &C4+e1 nt CC4 t W ®f Project Description s 04 iI& Approximate Construction Dates: From q Elul CA To: 3I;L ' 1 Agency Name 16JI 0� L'OS A)*/1 S Contact Person &Wck Scl,A4Y Telephone (213) Original Contract Amount $300.00P Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) A-Utl incv ln9o(k- of rJ5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly A explain and indicate outcome of claims. Ala 11 No. 4 �i Project Name/Number 0A C'U 1 J (VACI-d-C Project Description ConsA4c ^ ,fr` Approximate Construction Dates: From "! 3 To: q Agency Name + op G-►M Contact Person Rk6ATU�W65 _ —Telephone (sij 2,83-7B6o Original Contract Amount $y, AA Final Contract Amount $ �D � � N(,i� t 101 If final amount is different from original, please explain (change orders, extra work, etc.) RSAck P,441b� 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. Z) No j 5 H fPM854c D Pc1 � Jr/�% F p /� S Pro ect Name/Number �q, L� i � N.��i41 j Project Description 3 i t` i r Approximate Construction Dates: From 1g.D;rJ; To: '52,09m Agency Name l- y ®� HMN3 D A bCkC� Contact Person—" d(L 4 c4m elephone (3(0) 31f;• R;k% Original Contract Amount $ 2• A4#1Final Contract Amount $ 3.0 /d,illj0 a If final amount is different from original, please explain (change orders, extra work, etc.) Mcgfe f 1'r S 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. v 12 No.6 Project Name/Number Project Description Pet. i &J4i r S 9 1 , Approximate Construction Dates: From II a017 To: Agency Name I Y ap R4" 17Cf,A Contact Person Gc�a1�,�ne- ;u -Telephone (310) 31LI SSG Original Contract Amount $ Final Contract Amount $ 2-6 t'hd l t64 If final amount is different from original, please explain (change orders, extra work, etc.) ka k �C010 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N 0 No. a Project Name/Number do (-w(l RT R is Project Description Pttr Approximate Construction Dates: From _` Agency Name << i�T` S�r> Ado mcci To: & /;Wm Contact Person WrIOS (y11 efI Telephone (311)is_nD� Original Contract Amount $Final Contract Amount $ I ,ol M ilhl M If final amount is different from original, please explain (change orders, extra work, etc.) rder5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. SAA, Drt ' b C reek I f c. 11 T" Project Name/Number $D Project Description &W J,, 9r Approximate Construction Dates: From _ 1 �%3 To: �O Agency Name C Al 0T NUJJ ?F� (i Contact Person Re�-06 %ar". Telephone" 6qq- 3322 Original Contract Amount $1AAd Final Contract Amount $ "t•� A (Id If final amount is different from original, please explain (change orders, extra work, etc.) IVe-�✓�� n L�'i,�c�G`� Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. q n (n� ''_ Project Name/Number _�� JM—ew. Wk 5prl'/1 kirP QCA4CPlK .A t Project Description Approximate Construc Agency Name Ct ydP S �C'!, Contact Person 4So R }' MA4 Telephone Original Contract Amount $1 •� �{�• Final Contract Amount $ I' l ) 64 If final amount is different from original, please explain (change orders, extra work, etc.) A�l,�,t,' Scoee- 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. !Vd 12 Nor® pn (44 picr R an Project Name/Number _ �r Project Description pj1P1 (,�C. 5 Approximate Construction Dates: From S`� To: Agency Name _ 6i��( Contact Person _ COL 51 (*R-A Telephone (n) %J 1"ai14 Original Contract Amount $«W Final Contract Amount $_J+? A Ila n If final amount is different from original, please explain (change orders, extra work, etc.) C-44--i Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. se Cr A6 Rer &rues Project Name/Number _� Project Description E "� Approximate Construction Dates: From 40 Cf w S I p`i� rcLc e S �H To: 5 J;°ALA Agency Name Contact Person Jong G�ml Telephone (6e� 533` fgck3 Original Contract Amount $0,000 Final Contract Amount $ S 000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 12 No. ell Protect Name/Number eoyec6 Gil P*kJtafal C4nQwua, Project Description _ -""'�' WT-CC,9 Approximate Construction Dates: From U 0-102: Agency Name (Ay ar L* N-4c Aic4( Regal rS �—To: Contact Person L r Telephone 03 Original Contract Amount $ SM,000 Final Contract Amount $ i t Al i( `0 A If final amount is different from original, please explain (change orders, extra work, etc.) 0 CIxps Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. + Project Name/Number AAr"Kf- #611kf 'L `&A- p®cK Project Description Approximate Construction Dates: From To: 1 �*Lw's Agency Name (1�1 of Lo ffj� d3mc� Contact Person AvryTn Aki Telephone (gig) Original Contract Amount $14000 Final Contract Amount $ 7.1VOL If final amount is different from original, please explain (change orders, extra work, etc.) NA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No. Pro �N Pam- R� Project Name/Number �Ck f� tan.5� �b)c,�ol� �/'on Project Description �a� g• hxr PeA to (-ion Approximate Construction Dates: From To: 1� Agency Name Contact Person LK�s C�f1Ln4S Telephone Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. IS' Project Name/Number Tm6cd tomes AW-02 Project Description � W B Approximate Construction Dates: From U-;t4 To: J Ud-4 Agency Name �i 5 01+ ctYr $twice Contact Person 61rlo <<Ce k Telephone (qJ'A T� Original Contract Amount $2104-1 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 1 C ) G,,� w4c, Pttu-C cork RQ }�Q n Project Name/Number Q Project Description 0CW'v 1 evcr41 Approximate Construction Dates: From _I t-�-y To: Agency Name 64Y ipr' IV eu OW4 �1 I / Contact Person 0PU9tr 4"A41, Telephone C,eju � 07/� �'313 Original Contract Amount $ 1.3KII Final Contract Amount $ t 5 Al" 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. 8 P ojectlName/Number ,✓r� �qt- 1&c*t%14+ tr-46Kca (&A A Ao 4 Project Description New I dq L Approximate Construction Dates: From 11244 T Agency Name 45Qn olf'—� 50vrcr Contact Person Tr ff,, Telephone Original Contract Amount $ zq i Final Contract Amount $ ).. q A4#I' bW 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. W 12 No. Je I iGfp�f1 ��filtiSk�� 1�'�► P(I G /�p.1� t'�Of %W�► Project Name/Number Project Description 12,11 e Approximate Construction Construction Dates: From _ Agency Name C 1 q Qf AJG �n Contact Person a6 To:& P4;�5- Telephone (ye) SIV" bp Original Contract Amount $ Itm` final Contract Amount $ I aMl16A If final amount is different from original, please explain (change orders, extra work, etc.) IVA 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. et P oject&Name/Number �GA AvAItA CgAYpA C%t44 14 L%44ef 94MAOA Project Description C�~&k fr, cc(r` Approximate Construction Dates: From �M— Xc To: Agency Name Comi Bp 1-os Ag%c ,&5 Contact Person ` `�S Romi,U Telephone (69 V- 511'Z Original Contract Amount $ 1 IlA l Final Contract Amount $_ I. t1114A 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. 0 12 No. Jr 2-0 GkZ Project Name/Number f�^ Project Description Approximate Construction Dates: From 1'� To: �! Agency Name U 10 cx� Contact Person NPIK Will Telephone llb .may-27% 1 Original Contract Amount $ 7 Final Contract Amount $ 1.3 A11 ROA If final amount is different from original, please explain (change orders, extra work, etc.) A)-4 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an apisal of th%Contractor's current financial conditions. Jilk Heavy Construction, Inc. Bidder 13 41. Chief Financial Officer City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9769-3 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 the tzt� at the foregoing is true and correct. Jilk Heavy Construction, Inc. , Chief Financial Officer Bidder Allthorized re/Title Subscribed and sworn to (or affirmed) before me on this day of 2026 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 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 December 16, 2026 _ _ 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(g) is/at* subscribed to the within instrument and acknowledged to me that he/sDbe/tbray executed the same in his/tXr/th?Kr authorized capacity(tes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(lo acted, executed the instrument. I certify under PENALTY OF PERJURY under the ANNA LlSA PAILA laws of the State of California that the foregoing *-Loloy Notary Public • California •L= paragraph is true and correct. Orange Counry Commission 4 2487207 WITNESS my hand and official seal. Comm. Expires May ta. 2028 Signatu a Place Notary Seal and/or Stamp Above S gnature 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: 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. (5)2O19 National Notary Association City of Newport Beach 2026-2026 Ocean Pier Maintenance Contract No. 9769-3 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): BONDS Performance Bonding Surety & Insurance Brokerage - - - ---- ---- 15901 Red Hill Avenue, Suite 100, Tustin, CA 92780 (714) 505-7011 Melissa Lopez Old Republic Surety Company 445 South Moorland Road, Suite 200, Brockfield, Wiscousin 53005 (714) 505-7011 INSURANCE Venbrook Insurance 6320 Canoga Avenue 12th Floor, Woodland Hills, CA 91367 (818) 598-8984 15 City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 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 Record Record Record Record Record Record for for for for for for 2025 2024 2023 2022 2021 2020 Total No. of contracts 62 57 39 43 48 6 Total dollar Amount of ime $26,700,0 0 $33,000,00 $31,200,00 $22,100,0 $32,000,0 0 0 g Contracts (in Thousands of $ No. of fatalities 0 0 0 1 0 0 No. of lost Workday Cases 0 0 1 1 0 No. of lost workday cases 0 0 0 0 0 b 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 thosemcords. _ Signature biddi Da Tit Signature biddi Da Tit 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. jNOTARY 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 County of Orange On December 16, 2025 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(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sise/thay executed the same in his/fXr/thXr authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ANNA LISA PAILA Notary Public • California # Orange County Commission # 2487207 `•� "'� My Comm, Expires May 14. 2028 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 VY I IVrvHL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jeremiah Jilk Signer's Name: Jeremiah Jilk ® Corporate Officer — Title(s)Chief. Financial Officer ® Corporate Officer — Title(s): , ecreta ❑ 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 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 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 Si natu 18 City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 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: Telephone (310) 830-6323, Fax (310) 835-2163 California State Contractor's License No. and Class: 709151 A, B, HAZ (REQUIRED AT TIME OF AWARD) Original Date Issued: 05/12/1995 Expiration Date: 07/31/2027 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: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone James Jilk, President 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 Jeremiah Jilk, Chief Financial Officer 500 S. Kraemer Blvd., Suite 380, Brea CA 92821 (310) 830-6323 Corporation organized under the laws of the State of California iH 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: John S. Meek Company, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes AD 20 Are any claims or actions unresolved or outstanding? Yes Q 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. Jilk Heavy Construction, Inc. Bidder Jeremiah Jilk (P int name of Owner or President f orporatio\i/Company) Chief Financial Officer A thorized Si_gbWeffitle Chief Financial Officer Title December 16, 2026 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 ACKNOWLEDGMENT CIVIL CODE g 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 December 16, 2026 before me, Anna Lisa Paila, Notary Public Dote 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(g) is/am subscribed to the within instrument and acknowledged to me that he/sbe/the+y executed the same in his/I-Xr/thXr authorized capacity(tes), and that by his/her/their signature(RI on the instrument the person(s), or the entity upon behalf of which the person(o acted, executed the instrument. ANNA LISA PAILA amy Notary Public • Califor-ia YOrange County Commission 8 2487207 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 OPTIONAL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Jeremiah Jilk Signer's Name: ® Corporate Officer — Title(s):Chief Financial Officer❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Cl 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 Notary Association 2025-2026 OCEAN PIER MAINTENANCE CONTRACT NO. 9759-3 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of January, 2026 ("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 S. Kraemer Boulevard, Suite 380, Brea, CA 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: completion of the priority and short-term repairs to the Newport Pier and Balboa Pier outlined in the drawings and specifications which include both underwater and above water repairs, excluding long-term repairs (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9759-3, 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 Five Hundred Forty Nine Thousand Two Hundred Forty Dollars ($549,240.00). 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 T. 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 JILK HEAVY CONSTRUCTION, INC. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 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: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jeremiah T. Jilk Jilk Heavy Construction, Inc. 500 S. Kraemer Boulevard, 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 JILK HEAVY CONSTRUCTION, INC. Page 3 status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the 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 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 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 JILK HEAVY CONSTRUCTION, INC. Page 5 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 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 JILK HEAVY CONSTRUCTION, INC. Page 6 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. 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 and/or Government Code §§ 1090 et seq., 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 JILK HEAVY CONSTRUCTION, INC. Page 7 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. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. JILK HEAVY CONSTRUCTION, INC. Page 8 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. 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: awl Z L By: Aa n C. Harp �. o kLry Z-v� r� City Attorney ATTEST: Date: 02 9/v2O,2� By: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Lauren Kleiman Mayor CONTRACTOR: JILK HEAVY CONSTRUCTION, INC., a California corporation Date: Signed in Counterpart By: Jeremiah T. Jilk Secretary and Chief Financial Officer [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: 1�/Z 1 By: c1 Aa n C. Harp City Attorney ATTEST: Date: 2A Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Lauren Kleiman Mayor CONTRACTOR: JILK HEAVY CONSTRUCTION, INC., a California corporation Il Date;, By: Je h T. Jilk S retary and Chief Financial Officer [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 Executed In Duplicate Original Premium Subject to Change Based on Final Contract Price EXHIBIT A CITY OF NEWPORT BEACH BOND NO. WCN7491176 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 completion of the priority and short-term repairs to the Newport Pier and Balboa Pier outlined in the drawings and specifications which include both underwater and above water repairs, excluding long-term repairs. in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Old Republic Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Forty Nine Thousand Two Hundred Forty Dollars ($549,240.00) 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 JILK HEAVY CONSTRUCTION, INC. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7th day of January , 20 26 . Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Insurance Company Name of Surety 631 Excel Drive, Suite 200, Mt. Pleasant, PA 15666 Address of Surety (724) 834-5000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 0517- 4 By: A on C. Harp City Attorney i CFo Au horized Signature/ I \14SUN Authorized Agent i�n ure `,OPPOgAT�p n ,(/ Ul SEAL ar ; 90 Mfl0.1996 Melissa Lopez, Attorney -in -Fact pis Print Name and Title (Corporate Seal) NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED JILK HEAVY CONSTRUCTION, INC. Page A-2 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 County of Orange On January 8, 2026 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/af* subscribed to the within instrument and acknowledged to me that he/s)be/tbsey executed the same in his/[Xr/thXr authorized capacity(bes), and that by his/hiRr/th*ir signature(X) on the instrument the person(s), or the entity upon behalf of which the person(o acted, executed the instrument. *my ANNA LISA PAILA Notary Public -California Orange CountyCommission # 2487207 Comm. Expires May 14, 2028 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 it ature 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: 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. ...v...,w'a... �*.,v.:{ •�-L�..ns...�:-. • v..-.'tih:ti?�.s.. ^s,••s�_•`ti.: •::sti..• •,:v+:-.x: ''r.`s':s: (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 JAN 0 7 2026 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/a*e subscribed to the within instrument and acknowledged to me that ke/she/thpty executed the same in his/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(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 MELENOQ Notary Public - California 3 z Orange County s Commission Y 2391461 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 document: Document Signer(s) Other than Named Above: Number of Pages: * * * OLD REPUBLIC INSURANCE COMPANY ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez, Jessica T. Garcia 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 tl- Company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than self-insurance workei compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified an( confirmed. This appointment is made under and by authority of the board of directors at a meeting held on December 10, 2019. 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 INSURANCE COMPANY on December 10, 2019. RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, in conjunction with the secretary or an assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Compan may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons to execute an deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bail bonds, ban depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and not guaranty bonds. The said officers me revoke any Power of Attorney previously granted to any such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Compan (i) when signed by chairmen, president or any vice president of the Company's surety division and attested and sealed (ifa seal be required) by any secretary or assistant secretary; or (ii) when signed by a duly authorized Attorney -in -Fact and sealed with the seal of the Company (if a seal be required). RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any Power < Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of th 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 INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 21 st day of August 2025 OLD REPUBLIC SU CE COMPANY dJ YpOa.�a�t[p O � SEAL y e AssistantSecr =,� MRt..•• Vice President tc` STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS "MMM, On this 21 st day of August 2025 personally came before me, Alan Pavlic and Kevin J. Abltz to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE 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 organization. OTAR Notary Public t)F �5G My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrume I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the foregoing an( 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. Coo„tAs np„ tNU�F Signed and sealed at the City of Brookfield, WI this 7th day of January 2026 74 0053 SEAL_ ORSC 11008 (6-93) Assistant Secretar Performance Bonding Surety & Insurance Brokerage OLD REPUBLIC INSURANCE GROUP 18500 W. Corporate Drive, Suite 170, Brookfield, WI 53045 1 T: 800-217-1792 1 www.orsurety.com 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 Insurance Company. Old Republic Insurance 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). a� otcOf1PORATft 0 _ SEAL; APRIL 1936 ,, q� All terms and conditions of the bond(s) remain unchanged. Signed and effective this 7th Old Republic Insurance Company By - Alan Alan Pavlic, Vice President day of January 2026 N� 3318 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority Tins Is To CERTIFY, That, pursuant to the Insurance Code of the State of California, OLD REPUBLIC INSURANCE COMPANY of GREENSBURG, PENNSYLVANIA , organized under the laws of PENNSYLVANIA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance. AIRCRAFT, FIRE, MARINE, SURETY, DISABILITY, PLATE GLASS, LIABILITY, WORKMEN'S COMPENSATION, CONiHON CARRIER LIABILITY, BOILER AND MACHINERY, BURGLARY, CREDIT, SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE, and MISCELLANEOUS as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tms CERTfficATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the____2RTH------------- day o f.___ SEPTEMBER 19-73-, I have hereunto set nay hand and caused my official seal to be affixed this__ 2QTR _ day of--SEPT'EMBER----,19.73, GLEESON LLAamPAYeNEr jj Insurance By Deputy Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority, Failure to do so will be a violation of Ins. Code Sec. 701 and will be grou{tds for revoldng this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. FORM CB-3 41021-505 3-70, OUP 0 09P Executed In Duplicate Original EXHIBIT B CITY OF NEWPORT BEACH BOND NO. WCN7491176 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to Jilk Heavy Construction, Inc., (hereinafter referred to as the "Contractor") an agreement for the completion of the priority and short-term repairs to the Newport Pier and Balboa Pier outlined in the drawings and specifications which include both underwater and above water repairs, excluding long-term repairs. (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated January 27, 2026, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Old Republic Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Five Hundred Forty Nine Thousand Two Hundred Forty Dollars ($549,240.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. JILK HEAVY CONSTRUCTION, INC. Page B-1 As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. JILK HEAVY CONSTRUCTION, INC. Page B-2 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7th day of n January _120 26 Jilk Heavy Construction, Inc. Name of Contractor (Principal) Old Republic Insurance Company Name of Surety 631 Excel Drive, Suite 200, Mt. Pleasant, PA 15666 Address of Surety (724) 834-5000 Telephone (Attach Attorney -in -Fact Certificate) C P6 Atfhorized Signature Attorney-in-Fac �) Melissa Lopez, Attorney -in -Fact Print Name and Title (Corporate Seal) The rate of premium on this bond is $10.00 - Slide premium charges is $ 5,369.00 Subject to Chan a0 ` GORPOHA}� n SEAL a zz v aFHAPALia ks1n per thousand. The total amount of e Based on Final Contract Price. (The above must be filled in by corporate attorney Any claims under this bond may be addressed to: (Name and Address of Surety or The Baldwin Group West, LLC Agent for Service in California) 15901 Red Hill Avenue, Suite 100 Tustin, California 92780 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IJVf) 7�f By: --l— Aadon C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 January 8, 2026 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/am subscribed to the within instrument and acknowledged to me that he/s)ae/tb;e�y executed the same in his/IXr/thXr authorized capacity(b®s), and that by his/har/th*ir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(a'j acted, executed the instrument. *my ANNA LISA PAILA Notary Public. California Orange County > Commission M 2487207 Comm. Expires May 14. 2028 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 nature of Notary Public yr wwna� Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: 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. �.-..s?'?:,V..c..-. ^.y..-,.•-.. - ^La. .s...f.^..v...:s. �"'•.s` ^.s•`•:.%•L S?s-.. ?:r+:`..�=x .^t"r. 020119 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 JAN 0.7 2026 , before me, Albert Melendez Notary Public, personally appeared Melissa Lopez who proved to me on the basis of satisfactory evidence to be the person(X) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that Re/she/they executed the same in Ws/her/their authorized capacity(ixs), and that by his/her/thoeir signature(so on the instrument the person(y), 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 z Orange County WITNESS my hand and official seal. Commission N 2391461 My Comm. ExWres Jan 23, 2026 SIGNATURE PLACE NOTARY SEAL ABOVE 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: Number of Pages: Signer(s) Other than Named Above: * OLD REPUBLIC INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania stock insurance corporation, does make, constitute and appoint: Erik Johansson, Melissa Lopez, Jennifer Anaya, Christina Rogers, Albert Melendez, Joaquin Perez, Jonathan Batin, Zyanya Hernandez, Vanessa Ramirez, Jessica T. Garcia 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 th Company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than self-insurance worker compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified an( confirmed. This appointment is made under and by authority of the board of directors at a meeting held on December 10, 2019. 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 INSURANCE COMPANY on December 10, 2019. RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, in conjunction with the secretary or an assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Compan may deem appropriate, Powers of Attorney in the form presented to and attached to the minutes of this meeting, authorizing such persons to execute an deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bail bonds, ban depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and not guaranty bonds. The said officers ma revoke any Power of Attorney previously granted to any such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Compan (i) when signed by chairmen, president or anyvice president of the Company's surety division and attested and sealed (ifa seal be required) by any secretary or assistant secretary; or (ii) when signed by a duly authorized Attorney -in -Fact and sealed with the seal of the Company (if a seal be required). RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any Power Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of th 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 INSURANCE COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 21 st day of August 2025 ................... „„q' ; OLD REPUBLSU CE COMPANY o`•a�p5u���rq. IC `eQJO �OOReoR��t�'p'[[ n � SEAL Assistant Secr ,�o�APR,I �? Vice President �"ipii Nrys'•(6V1Pt� p�JO� STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 21 st day of August 2025 personally came before me, Alan Pavlic and Kevin J. Abitz to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE 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 organization. CERTIFICATE ��¢�oTAR �� '! 1 1� • aW�" u�q �UaL,rj Notary Public OF �15G0 My Commission Expires: September 28, 2026 (Expiration of notary's commission does not invalidate this instrume I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the foregoing an( 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 th( Power of Attorney, are now in force. G tHBU °°ui 7th January 2026 Wa "'•""° S` Signed and sealed at the City of Brookfield, WI this 74 0053 =s SEAL g day of %.� APRIL IYl6 Y�j ORSC 11008 (6-93)"""pppj1°P V Assistant Secretar Performance Bonding Surety & Insurance Brokerage OLD REPUBLIC INSURANCE GROUP 18500 W. Corporate Drive, Suite 170, Brookfield, WI 53045 1 T: 800-217-1792 I www.orsurety.com 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 Insurance Company. Old Republic Insurance 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). G1NSIrirfi����''. a� OORPORAr� ; LU SEAL` =90 All terms and conditions of the bond(s) remain unchanged. Signed and effective this 7th Old Republic Insurance Company By - Alan Alan Pavlic, Vice President day of January 2026 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an JILK HEAVY CONSTRUCTION, INC. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing JILK HEAVY CONSTRUCTION, INC. Page C-2 insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. JILK HEAVY CONSTRUCTION, INC. Page C-3 B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. JILK HEAVY CONSTRUCTION, INC. Page C-4 G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. JILK HEAVY CONSTRUCTION, INC. Page C-5 N N Qti CJ Cn C3 y P�iy 01 U P` 'O Cry U tIS �= © ❑ 3CP m � � L [47 ^a J Q Ln UI i i i 01 A t� co P7 m 07 a� U a YL 4�i 0 �a LLp. c d�EES o x -1 Ln 9 0 tl9 tN 9 W f` t9 fR City of Newport Beach 2025-2026 Ocean Pier Maintenance Contract No. 9759-3 (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. 9769-3 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: 12 1 Date Bidder's Telephone and Fax Numbers ?on l i l Ar f3 HA-2- Bidder's License No(s). and Classification(s) 1 d00 M aqa� DIR Registration Number C. Bidder's Address Mrecy CA q2T),1 Bidder's email address: 3 cewnicl� 0j' 1k4G. ( bWX am ACTION TAKEN 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 June 11, 2025: RESOLVED, that JAMES F. JILK, as President of the corporation, Joshua Jilk Vice President 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, 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 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2025-2026 Ocean Pier Maintenance CONTRACT NO. 9759-3 PART 1- GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 1 2-1 AWARD AND EXECUTION OF THE CONTRACT 1 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 SECTION 3 - CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.2 Basis for Establishing Cost 2 3-3.2.3 Markup 2 SECTION 4 - CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3Inspection Requirements 3 4-1.3.1 General 3 SECTION 5 - UTILITIES 3 5-1 LOCATION 3 5-1.1 General 3 5-2 PROTECTION 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-7 COOPERATION AND COLLATERAL WORK 6 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 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 7 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 7-10.5 Security and Protective Devices 8 7-10.5.3 Steel Plate Covers 8 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 10 PART 2 - CONSTRUCTION MATERIALS 10 SECTION 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 10 204-1 LUMBER AND PLYWOOD 10 204-1.1 Kinds 10 204-1.1.2 Douglas Fir 10 SECTION 206 — MISCELLANEOUS METAL ITEMS 10 206-3 GRAY IRON AND DUCTILE IRON CASTINGS 10 206-3.8 Malleable Iron Washers 11 206-3.9 Spike Grid Timber Connectors 11 206-7 STAINLESS STEEL 11 206-7.1 General 11 206-7.2 316 Stainless Steel Hardware: 11 SECTION 210 — PAINT AND PROTECTIVE COATINGS 11 210-6 PILE WRAP 11 210-6.1 General 11 210-6.2 Pile Surface Preparation 12 210-6.3 Installation 12 210-7 PILE ENCASEMENT 12 210-7.1 General 12 210-7.2 Fiberglass Jacket 12 210-7.3 Pumpable Grout 13 210-7.4 Miscellaneous 13 210-7.5 Pile Surface Preparation 13 210-7.6 Installation 13 PART 3 - CONSTRUCTION METHODS 14 SECTION 300 - EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 PART 6 - TEMPORARY TRAFFIC CONTROL 15 SECTION 600 - ACCESS 15 600-1 GENERAL 15 600-2 VEHICULAR ACCESS 600-3 PEDESTRIAN ACCESS SECTION 601- WORK AREA TRAFFIC CONTROL 601-1 GENERAL 601-2 TRAFFIC CONTROL PLAN (TCP) 15 16 16 16 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2025-2026 Ocean Pier Maintenance CONTRACT NO. 9759-3 INTRODUCTION Q�pFESSl0Nq R 0 PFI��� S y sy C 86458 z s�41 CIVIL For CAo. 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-5278-S); (3) the Technical Specifications: (4) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (5) 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 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. Page SP 1 of 16 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 the priority and short-term repairs to the Newport Pier and Balboa Pier outlined in the drawings and specifications which include both underwater and above water repairs. Long-term repairs are not included in this contract. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 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 Page SP 2 of 16 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 materials. 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, pothole 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 potholed 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. Page SP3of16 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box 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 of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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. 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. All work associated with this contract shall be fully completed before the start of the summer season, Memorial Day (5/25126). 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed. 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. Page SP4of16 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 $146 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) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4t" (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 t" (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24t", (Christmas Eve) 10. December 25t" (Christmas) 11. December 26t" thru 30t" (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 at 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 Page SP5of16 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. 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 Page SP6of16 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 Construction materials and equipment may only be stored in streets, 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 be limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP 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 backcharging 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. 7-10 SAFETY Page SP 7 of 16 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 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 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. 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 be limited to, furnishing all equipment, materials, supplies and labor for providing bonds, submittals, insurance and financing; preparing and implementing the BMP Plan; providing photographic record or building and surroundings documenting Page SP 8 of 16 preconstruction conditions; preparing and updating construction schedules as requested by the Engineer; attending construction progress meetings as needed 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 be limited to site cleanup and providing any required documentation as noted in the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor 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 be 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 Pile Straps: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for replacing pile straps and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 4 Strap Bolts: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for replacing strap bolts and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 5 Transverse or Longitudinal Bracing Bolts: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for replacing transverse or longitudinal bracing bolts and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 6 Miscellaneous Timber: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for replacing miscellaneous timber and associated work outlined in the Plans (Drawing No. H-5278- S). Item No. 7 Pile Shim: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for shimming piles and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 8 Pile Post: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for pile post repairs and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 9 Stringer Splice Bolts: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for replacing stringer splice bolts and associated work outlined in the Plans (Drawing No. H-5278-S). Page SP 9 of 16 Item No. 10 Pile Cap End Split: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for repairing pile cap end splits and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 11 Handrail: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for repairing handrail and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 12 Stringer Brace: Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for replacing stringer braces and associated work outlined in the Plans (Drawing No. H-5278-S). Item No. 13 Progress Photos and As -Built (Fixed): Work under this item shall include, but not be limited to, furnishing all equipment, materials, supplies and labor for actions necessary to submit photographic records and provide as -built drawings. Photographic records submittal shall be both in hard copy and digital (CD) format and represent all repairs made. These records shall be legible, organized, and tabulated. Questionable records 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 $2,500.00 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 Timber shall be Douglas Fir No. 1 with ACZA or CCA preservative. Sizes shall match members being replaced. SECTION 206 — MISCELLANEOUS METAL ITEMS 206-3 GRAY IRON AND DUCTILE IRON CASTINGS Page SP 10 of 16 206-3.8 Malleable Iron Washers Galvanized Iron, conforming to ASTM A48, as provided by Portland Bolt & Manufacturing Co., Fastenal, or Engineer approved equal. 206-3.9 Spike Grid Timber Connectors Galvanized iron, 4-1/8" x 4-18" conforming to ASTM A47, grade 32510, and galvanized per ASTM A123; as manufactured by Portland Bolt & Manufacturing Co., Cleveland Steel, or Engineer approved equal. 206-7 STAINLESS STEEL 206-7.1 General Stainless steel bolts and miscellaneous hardware shall be AISI 316L. 206-7.2 316 Stainless Steel Hardware: Bolts: ASTM A193, Grade B8M Class 1; or F593, Group 2, Condition A Washers: Made from 316L Stainless Steel Nuts: ASTM A194, Grade 8M; or F594, Group 2, Condition A Lag screws: ASTM A193, Grade BBM, Class 1 SECTION 210 -- PAINT AND PROTECTIVE COATINGS 210-6 PILE WRAP 210-6.1 General Pile wrap system shall consist of an inner barrier of marine grade petrolatum tape, and an outer cover (80 mils thick) secured with stainless steel nails, as manufactured by one of the following: a. Pile -Gard PVC-T with Petrolatum Tape as manufactured by BARRIER Industrial Marine Products, LLC, 14900 Avery Ranch Boulevard, Suite C200 #46, Austin TX 78717, ph: 512-778-5899; b. SeaShield Series 90 as manufactured by Denso North America, 9747 Whithorn Drive, Houston, TX 77095, ph: 281-821-3355; c. Or Engineer approved equal Systems by other manufacturers providing same or better performance as those listed may be submitted to the Engineer for review and approval. Approval decision will be at Page SP 11 of 16 the Engineer's sole discretion. Failure to approve shall not be grounds for claim and contractor will be required to use one of those listed above. Approval may be granted before bid providing all documents needed to make decision are submitted a minimum of 14 days before bids are due. Approved system(s) will be added by addendum. 210-6.2 Pile Surface Preparation Prior to application, thoroughly clean and remove marine growth, old nails, bolts, and any other deleterious material which might prevent proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure water blasting and grinding. 210-6.3 Installation Contractor shall install product per manufacturer's instructions. 210-7 PILE ENCASEMENT 210-7.1 General Pile encasement system shall be one of the following: a. FX-70 Structural Piling Repair and Protection System as manufactured by Simpson Strong -Tie, PO Box 10789, Pleasanton, CA 94588, ph. 800-925-5099; b. Five Star Pileform F as manufactured by Five Stars Products, Inc., 60 Parrott Drive, Shelton, CT 06484, ph: 203-336-7900; c. Denso SeaShield Fiber -Form as manufactured by Denso North America, 9747 Whithorn Drive, Houston, TX 77095, ph: 281-821-3355; d. Or Engineer approved equal Systems by other manufacturers providing same or better performance as those listed may be submitted to the Engineer for review and approval. Approval decision will be at the Engineer's sole discretion. Failure to approve shall not be grounds for claim and contractor will be required to use one of those listed above. Approval may be granted before bid providing all documents needed to make decision are submitted a minimum of 14 days before bids are due. Approved system(s) will be added by addendum. 210-7.2 Fiberglass Jacket a. Fiberglass material shall meet the following minimum physical properties Min. Ultimate Tensile Strength ASTM D638 16,000 psi Min. Ultimate Flexural Strength ASTM D790 25,000 psi Flexural Modulus of Elasticity ASTM D790 700,000 psi Page SP 12 of 16 b. The fiberglass form shall have interlocking tongue -and -grove seam. Thickness shall be a minimum of 1/8-inch. Increase thickness as required due to Contractors need and local conditions. c. The form shall be translucent to provide visual inspection during pumping of the grout. d. The fiberglass form may be manufactured as either a single unit or as two pieces that shall be joined in the field. The forms placed one above the other shall have overlapping molded bell (open cavity) to receive a bottom seal gasket. The forms shall have a tongue -and -grove closure. 210-7.3 Pumpable Grout Grout shall be the following based upon the manufacture's system chosen. a. Five Star: Cementitious Underwater High -Strength Grout b. Simpson Strong Tie: FX-70-6MP Multi -Purpose Marine Epoxy Grout c. Denso: SeaShield 510 UW Grout 210-7.4 Miscellaneous Seals, grout plugs, hardware and accessories per manufacturer's instructions. 210-7.5 Pile Surface Preparation Prior to application, thoroughly clean and remove marine growth, old nails, bolts and any other deleterious material which might prevent proper bonding between the pile and grout. Surfaces shall be cleaned by high-pressure water blasting and grinding. 210-7.6 Installation Install jacket, grout and finish according to the following unless manufacturer's instructions are more stringent. a. Install the fiberglass jacket as shown. b. Drill and install port holes on -site so that the correct location will be obtained. A threaded port hole secured by bolts or riveted internal flap shall be installed at required locations. c. Stand-offs shall be laced around the circumference of the form to provide an annular space between the pile and fiberglass jacket. d. The inside surface of the fiberglass jacket shall be clean and free of grease and dirt. Open and position around the pile. Page SIR 13 of 16 e. Secured jacket by temporary nylon straps, steel straps or other means to assure that it will not move or distort during placement of grout. Recommended spacing is 18 inches or as required by manufacturer. f. All vertical seams shall be fastened with self -taping screws not exceeding 6- inch spacing. g. Construct a plug at the bottom with epoxy grout or underwater grout as recommended by the manufacturer to prevent any leaking of grout material during pumping. Pumping shall not commence until bottom seal is fully cured. h. After all seals are complete, start pumping at lowest port. When grout emerges from next higher port, close current port and move to the next higher port and continue pumping. i. After the pumping process is completed and the grout has cured, remove all temporary supports. j. Finish the top of the fiberglass jacket with the trowel -able underwater epoxy mortar recommended by the manufacturer. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. Page SP 14 of 16 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City. The Contractor shall complete and distribute the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Page SP 15 of 16 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Pedestrian access to the end of both piers must be maintained throughout the rp oject• SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) 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 (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 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