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Home My WebLink AboutC-7066-1 - Balboa Island Coping RepairJuly 24, 2019 Bosco Constructors Inc. Attn: Steve Robinson 21353 Mayall Street Chatsworth, CA 91311 Subject: Balboa Island Coping Repair — C-7066-1 Dear Mr. Robinson: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAX newportbeachca.gov On July 24, 2018, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 25, 2018 Reference No. 2018000271094. The Surety for the contract is Hartford Fire Insurance Company and the bond number is 72BCSHK5913. Enclosed is the Faithful Performance Bond. Sincerely Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B Balboa Island Coping Repair Contract No. 7066-1 CITY OF NEWPORT BEACH BOND NO,72BCSHK5913 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 22 ,516.00 , being at the rate of $ 13.56 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bosco Constructors Inc. hereinafter designated as the "Principal," a contract for: constructing approximately 7,400 LF of concrete cap raise on top of existing seawall cap around Balboa Island, protecting light standards, providing openings for access to beach and public docks, providing stop boards for such gaps in wall, replacing sidewalks, constructing forms and pouring concrete in close proximity to privately owned docks, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Hartford Fire insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Six Hundred Sixty Thousand Four Hundred Forty Four Dollars and 001100 ($1,660,444.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, out heirs, executors and administrators, -successors, Or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Bosco Constructors Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27th day of October ,20 17 . Bosco Constructors Inc. Name of Contractor (Principal) Hartford Fire Insurance Company Name of Surety -1-10 G Huntington Drive, Suite 317, Arcadia, CA 91006 Address of Surety 2�3-443-2476 Telephone APPROVED AS TO FORM: CITY ATTORN -Y'S OFFICE Date: d 7 Aaron C. Harp WA c io>hr City Attorney 71,x_::' — ,i 'tt' Authorized Signature/Title Authorized Agent Signature Maria Pena, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bosco Constructors Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 4' - j ,' i On _ / 'i l" r' 20 before me,, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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. Y .� ,,,. GARY M. FLORES O CoMM.#2108360 ,�:. NOTARYPUBLIC•CALIFORNIA LOS ANGELES COUNTY 0 COMM. EXPIRES APRIL 24.2019:' Signature / , (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/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) Bosco Constructors Inc �� Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public w other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and riot the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) OCT 272017 On , before me, Natalie K. Trofimoff, Notary Public personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the person(4whose namek} is/ale subscribed to the within instrument and acknowledged to me that heEshe{they executed the same in hisfher/theii: authorized capacity4es4, and that by his/her theif signatures} on the instrument the person{4, or the entity upon behalf of which the person{4 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. 77 NATALf K.TROFiMOFF NOTARY PUBLIC - CALIFORNIA LO 1rIGELES COUNTY �) coMMl �sloN n zlzzeeo i 17 : )MM EXPIRES OCT, 22, 2U lg , 3 7 t Signature: (Seal) Natalie K. Trofimoff, Notary ublic Hartford Fire Insurance Company, it corporation duh' organized under the laws of the State of C'mlfleenCill Hartford Casualty Insurance Company, a corporation duhorganized under the laws orthe Stare of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the .State of conneeticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws oldie State or Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws uf[he State of Indiana Hartford Insurance Company of Illinois, it corporation duly' organized under the laws of the State uYllinous Hartford Insurance Company of the Midwest, a c0lp0rati0n duh organized under the laws or the Slate orladiana Hartford Insurance Company of the Southeast, it corporation duly organized under the Iays of the State or Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and up to the amount of unlimited E. S. Albrecht Jr., Patricia S. Arena, Tiffany Coronado, C.K. Nakamura, Marie Pena, Noerni Quiroz, Jeffrey Strassner, Lisa L. Thornton, Tim M. Tomk-o, Natalie K. Trofimoff of LOS ANGELES, California their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies. the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. s�orr ray fav"-nr ¢ ,/JJ ',yam+.■� r-\ t,¢ tl al r, x,,p* go ++))49$�.� 197 1j it 71 \\\y„»_ ,>- - _, ",�„�,"° \',� ,+y 33rd-- i� �. . , �,s✓ �{ t 910 �, John Bray. Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT s. Hartford COUNTY OF HARTFORD 11 On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �v- r rrmip k 4,y;rf Nw N,bt Suonko Nuuuy Public CERTIFICATE ,buy Cnnunusim, F.ep,rcs blotch it HrIN I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of �1t Signed and sealed at the City of Hartford. .5 I 6 - 0---Q� . �!°.1979/"`r t't f170t 44 A Kevin Heckman, Assistant Vice President Direct Inquiries/Claims to: POWER OF ATTORNEY THEHARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Song Clauns a,thehartt -d - -m caro 888-266-3488 orfax: 860457-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: ALLIANT Agency Code: 72-256704 INSURANCE SERVICES INC Hartford Fire Insurance Company, it corporation duh' organized under the laws of the State of C'mlfleenCill Hartford Casualty Insurance Company, a corporation duhorganized under the laws orthe Stare of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the .State of conneeticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws oldie State or Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws uf[he State of Indiana Hartford Insurance Company of Illinois, it corporation duly' organized under the laws of the State uYllinous Hartford Insurance Company of the Midwest, a c0lp0rati0n duh organized under the laws or the Slate orladiana Hartford Insurance Company of the Southeast, it corporation duly organized under the Iays of the State or Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and up to the amount of unlimited E. S. Albrecht Jr., Patricia S. Arena, Tiffany Coronado, C.K. Nakamura, Marie Pena, Noerni Quiroz, Jeffrey Strassner, Lisa L. Thornton, Tim M. Tomk-o, Natalie K. Trofimoff of LOS ANGELES, California their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies. the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. s�orr ray fav"-nr ¢ ,/JJ ',yam+.■� r-\ t,¢ tl al r, x,,p* go ++))49$�.� 197 1j it 71 \\\y„»_ ,>- - _, ",�„�,"° \',� ,+y 33rd-- i� �. . , �,s✓ �{ t 910 �, John Bray. Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT s. Hartford COUNTY OF HARTFORD 11 On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �v- r rrmip k 4,y;rf Nw N,bt Suonko Nuuuy Public CERTIFICATE ,buy Cnnunusim, F.ep,rcs blotch it HrIN I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of �1t Signed and sealed at the City of Hartford. .5 I 6 - 0---Q� . �!°.1979/"`r t't f170t 44 A Kevin Heckman, Assistant Vice President September 28, 2018 Bosco Constructors Inc. Attn: Steve Robinson 21353 Mayall Street Chatsworth, CA 91311 Subject: Balboa Island Coping Repair C-7066-1 Dear Mr. Robinson: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov On July 24, 2018 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 25, 2018, Reference No. 2018000271094. The Surety for the bond is Hartford Fire Insurance Company and the bond number is 72BCSHK5913. Enclosed is the Labor & Materials Payment Bond. Sincerely, �Aiw .A � `�n Leilani I. Brown, MMC City Clerk Enclosure Balboa Island Coping Repair EXHIBIT A Contract No. 7066-1 CITY OF NEWPORT BEACH BOND NO. 72BCSHK5913 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bosco Constructors Inc. hereinafter designated as the "Principal," a contract for: constructing approximately 7,400 LF of concrete cap raise on top of existing seawall cap around Balboa Island, protecting light standards, providing openings for access to beach and public docks, providing stop boards for such gaps in wall, replacing sidewalks, constructing forms and pouring concrete in close proximity to privately owned docks, 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, Hartford Fire 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 One Million Six Hundred Sixty Thousand Four Hundred Forty Four Dollars and 00(100 ($1,660,444.00) 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 Contra4't; 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 Bosco Constructors Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 27th day of October 12017 . Bosco Constructors Inc. Name of Contractor (Principal) Authorized Signature/Title Hartford Fire Insurance Company Name of Surety Authorized Agent Signature 440 E Huntington Drive, Suite 317, Arcadia CA 91006 Address of Surety 219-443-2476 Telephone APPROVED AS TO FORM: CM ATTORI4EY,S OFFICE Date: IDl/ By: Aaron C. Harp LAM zto�ln City Attorney Maria Pena, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bosco Constructors Inc. Page A-2 ACKNOWLEDGMENT A notarypubiic or other officer completing thls 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 Galifomia County of )SS. On 20 before me, _ Notary Public, personally appeared Ji r i1 j 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 off tai seal. G.1RY M FLORES x. COMM. At 2108380 .� NOTARYPUBUC-CALIFORNIA Li 777 c LOS ANGELES COUNTY 0 Signature (Seal) COMM. EXPIRES..WRIL24,2019; 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed 'the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On '20 before me, Notary Public, personally appeared 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/herltheir 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) Bosco Constructors Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) L OUT 2 7 2017 On before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the personkqwhose names} isfere subscribed to the within instrument and acknowledged to me that 4+e�she4hey executed the same in #is/her -heir authorized capacity4es4, and that by #igher 4eir signatures on the instrument the person{4, or the entity upon behalf of which the person{4 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. NATALIE K. TROFIMOFF ,,r`- G NOTARY P 18LIC • CALIFORNIA LOS ANGELES COUNTY COMMISSION 4 2127860 1=/ ivPl r 7MM. ;;(FIRES OCT. 22, 7019 �;' `j (Seal) L" Signature: LL,9�1` Natalie K. Trofimoff; Notary Pub i POWER OF ATTORNEY ALL PERSONS BY THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 30111i.Claim„cithehartford com ca//.788-266-3488 orfax: 860-7575835 Agency Name: ALLIANT INSURANCE SERVICES INC Agency Code: 72-256704 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the law's ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly' organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida --- • - ,-,..... gel cuuecnvely rererreo to as the "Companies') do hereby make, constitute and up to the amountof unlimited E. S. Albrecht Jr., Patricia S. Arana, Tiffany Coronado, C.K. Nakamura, Maria Pena, Dtoemi Quiroz, Jeffrey Strassner, Lisa L. Thornton, Tim M. Tomko, Natalie K. Trofimoff of LOS ANGELES, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wdttan ance oontctand instruments in the Fidelity of persons, guaranteeing the performf cras nature thereof, on behalf of the Companies in their business of guaranteeing the executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In witness whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. /// .s N � aisa t97➢t r t �' �' _ ��°'=ao + �'r . a` �A�_a t+.� i•� 6 s ala 'I � 19t John Gray. Assistant Secretary _ - M. Ross Fisher. SeniorVicePresident STATE OF CONNECTICUT COUf1TY OF HARTFORD jjj ss. Hartford On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: hat he is that resides ate �Connecticut; t t Senior corporations: the acmt described indwhi executed the above instrument;hat he knowsthe sealsof the said hatthe seals affixed the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �w sr 4-u-4 Nora M. Snado Notary Public CERTIFICATE My Cummivion Expires hlamh 31. 20 19 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. - y�pTT raW ysrevr. :se[r yrf ri, ��;' 3fvi•%>7�e {,Y/I V *�f ay. •-.y' '•�\`� j' t rnt• .� t ;: t979 : i:i tp 79 - "a..:,_.� .�Ma.. `� �., ...A.`s1m �•� fi 'y+.+t }'p� 19T4 P. 1 Jiln i Kevin Heckman, Assistant Vice President Batch 3637050 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIIII IIIIIIIIIIII III NO FEE $ R 0 0 1 0 2 4 1 6 3 1$+ 201800027109410:07 am 07125118 63 406 Ni 2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Bosco Constructors Inc., Chatsworth, California, as Contractor, entered into a Contract on October 10, 2017. Said Contract set forth certain improvements, as follows: Balboa Island Coping Repair - C-7066-1 Work on said Contract was completed, and was found to be acceptable on July 24, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Hartford Fire Insurance Company. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �VI_�' b at Newport Beach, California. m https:Hgs.secure-recording.com/Batch/Confrrmation/3637050 07/25/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Bosco Constructors Inc., Chatsworth, California, as Contractor, entered into a Contract on October 10, 2017. Said Contract set forth certain improvements, as follows: Balboa Island Coping Repair - C-7066-1 Work on said Contract was completed, and was found to be acceptable on July 24, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Hartford Fire Insurance Company. BY 77 Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. n Executed on (U�� 0�t1 , mile at Newport Beach, California. M City Clem CITY CLERK 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 by 10:00 AM on the 6th day of September, 2017, at which time such bids shall be opened and read for BALBOA ISLAND COPING REPAIR Contract No. 7066-1 $ 1,500,000 Engineer's Estimate Approved by Mark Vu cojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Bob Stein (prior to 8/27/17), Project Engineer at (949) 644-3322 or Mark Vukojevic, Project Manager at (949) 644-3319. City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 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 SAMPLE CITY CONTRACT......................................................................................... 23 PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received electronically by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRi C;H0N8-T0-B1DDERS- ;< DESIGNATION OF SUBCONTRACTORS (Contractorshall also submit info via PlanetBids) A cLE �4E)P&NP TC of 4NS ANN cocryFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) -`FE@HN _..__.._. _.._..___ NON -C-0 WSION-AFF DAVl-T -B PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd 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 Bid Bonds must be submitted to the City Clerk's Office.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 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 (416) 7034774, 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 at 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 been r ed. 972065 A& B P tr7 R 0 rt U Contractor's License No. & Classification Authorized Signature/Title 1000020320 - 06/30/17 DIR Reference Number & Expiration Date Bosco Constructors Inc. Bidder 09/13/17 Date CITY OF NEWPORT BEACH Balboa Island Coping Repair CONTRACT NO. 7066-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal SUM of Ten Percent of 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 Balboa Island Coping Repair , Contract N0.7066-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents In the form(s), prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award",otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 31st day of August 2017 Bosco Constructors Inc. By; d��4ily Name of Contractor (Principal) Authorized Signaturefritle Hartford Fire Insurance Company Name of Surety One Hartford Plaza Hartford, CT 06155-0001 Address of Surety 213-270-0715 Telephone Authorized Agent Signature Maria Pena Print Name and (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) 1 AW i5 Ll}ll On before me, Patricia Arana, Notary Public, personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the person(4whose name(s4 is/are subscribed to the within instrument and acknowledged to me that #e, she{tl-Tey executed the same in cher their authorized capacity4e-s4, and that by 4lsfher, ;e:r signatures on the instrument the person4s4, or the entity upon behalf of which the persons 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. PATRICIA ARANA Commission # 2043063 =o Notary Public - California Z ` ` Los Angeles County mv Comm. Expires Sep 27, 2017 (Seal) Signature: l� P rici Arana, Notary Public Direct Inquiries/Claims to: POWER OF ATTORNEY THE One HfR rdPORD laza Hartford, Connecticut 06155 Sond.0 laim sAtheha rtford.com call: 888.266.3488 orfax: 860-757.5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: SurePath XD Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fi re Insurance Company, a corporation duty organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duty organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida as the "Companies") do hereby make, constitute and Maria Pena of Los Angeles, CA their true and lawful Attorney -in -Fact, to sign Its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge the following bond, undertaking, contract or written instrument: Bond No. Bid Bond on behalf of Bosco Constructors Inc. naming City of Newport Beach as Obligee in the amount of See Bond Form on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ni 9.�n Jus . r %g � � n,.., r.,r. a �►v"4 r d/�,t�n°,�y!{[ �}�,rj,��``,`".A'i a` �w+w 707:f-xSj�fa70rS 1 79 • xa`3l �`� �� ^°` OrR `: r•`t1 ��`.,`' w•t,�'/ uu.• '�.rfsiea,• V John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. .. �•En xq ff// /� _rarvF1'rn Kax�uxcn�T. �� °U9Ue v •eo•xxeoe�. Kathleen T. Maynard Notary Public CERTIFICATE My Commission Expires July 31, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 31, 2017 Signed and sealed at the City of Hartford. rxlw, �VANr r, `•t>>lrS .Yr` 14y �. A eyue 'v:'t Mega. •yam :ter 4 t, «'\+n nr�o • •b,N• ;�,i17a79 ^-; 19y Is 1979 • '•n:�y_:� ��°, IPY 1•` y,.aM1 nr✓ 'Y•rre,FT• Kevin Heckman, Assistant Vice President SurePath POA 2016 ACKNOWLEDGMENT ............................................................................... State of California County Of Los Angeles } SS. On 09/13/17 before me, Gary M Flores Notary Public, personally appeared Patrick Robinson ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. mn 1flClal Seal. —G—AR—MM. PLORES ; U COMM. 112108360 NOTARY PUBLIC• CALIF O LOS ANGELES COUNTY n COMM. EXPIRES APRIL 11,2819 Ise�O .................................. a ................................. a ........ OPTIONAL INFORMATION Date of Document 09/13/17 Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language bid bond Type of Satisfactory Evidence: I X Personally Known with Paper Identification dull Paper Identification Credible Witness(es) ❑ Check here if Capacity of Signer: no thumbprint _ Trustee or fingerprint _ Power of Attorney is available. CEO/CFO/C00 x -President / Vice -President / Secretary / Treasurer Other: Other Information: 7 ACKNOWLEDGMENT ............................................................................... State of California County Of Los Angeles ? SS. On 09/13/17 before me, Gary M Flores Notary Public, personally appeared Patrick Robinson ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ................................................................•............ Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: A— Personally Known with Paper Identification — Paper Identification Credible Witness(es) Capacity of Signer: Trustee — Power of Attorney — CEO/CFO/COO x -President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. GARY M.FLORES ; ()2.: (�NOTARYBLIC-CALIFORNIA COMM. # 2109360 � LOS ANGELES COUNTY D 3OMM.PU EXPIRES APRIL 24, 2019' se21! ................................................................•............ Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: A— Personally Known with Paper Identification — Paper Identification Credible Witness(es) Capacity of Signer: Trustee — Power of Attorney — CEO/CFO/COO x -President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066.1 DESIGNATION OF SUBCONTRACTORM State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: WMB & Associates 201709 M02 Survey verification elevations 1 Address: 22421 Barton Rd Grand Terrace CA 92313 Phone:909.821.0875 State License Number: 7229 DIR Reference: 1000005325 Email Address:mbush@wmbassociates.net Name: ENor Innovations Balboa traffic plan, maint., & signage 1 Address: 16213 Illinois Ave Paramount CA 90723 Phone:310.513.6209 State License Number: 931953 DIR Reference: 1000007079 Email Address:randall@enortraffic.com Name: Address: Phone: State License Number: DIR Reference: Email Address I A1 Bosco Constructors Inc. Bidder 9 City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Bosco constructors Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Cross Valley Canal Extension Lining Phase 1 B, Pool 7, Cont No KCWA 1016-12 Project Description Trap channel excav /grade and 4" fiber reinforced concrete lining @ 421K sf Approximate Construction Dates: From April 2017 TO: Oct 2017 Agency Name Kern County Water Agency Contact Person Scott Chambless Telephone (661) 634.1464 Original Contract Amount $ 4,444.300.00 Final Contract Amount $ 4,444,300 00 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 No. 2 Project Name/Number Tapo Hills Diversion Unit 1 Repair Project Description Reinforced concrete storm channel sawcul / remove / form / reinforce & pour -in-place. Approximate Construction Dates: From Jul 2017 Agency Name County of Ventura Public works Contact Person John Mueller 2017 Telephone (805) 654.3156 Original Contract Amount $ 116,441.72 Final Contract Amount $ 122,441.72 If final amount is different from original, please explain (change orders, extra work, etc.) post award design change re increased rebar (transverse supports) genngy 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. 3 Project Name/Number Construction on state Hwy LACounty routes 57 & 210 Project Description Various slope excavation, lead contaminate abate, rock and concrete paving install. Approximate Construction Dates: From Feb 2017 To; Jun 2017 Agency Name California Department of Transportation Contact Person Reda Karout Telephone (626) 339.1601 x103 Original Contract Amount $1.470,000.00 Final Contract Amount $1,589,488.68 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. 11 No. 4 Project Name/Number RMF Project Description Private Estate Approximate Construction Dates: From Jun 2015 To; Dec 2016 Agency Name Mccourt Contact Person Francine Hughes Telephone (310) 746.4206 Original Contract Amount $21,450,050 Final Contract Amount $21,450,050 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. 5 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person 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. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bosco Constructors Inc. Bidder 191 aQ X�LQ 4�- Authorized Signature/Title City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Los Angeles, ) Patrick Robinson being first duly sworn, deposes and says that he or she is Pres/Secrrres -of Bosco ConsbuctonInc. 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 S to I' om' tlgomo true and cornet. Bosco Constructors Inc. �f17L— Bidder Authorized Signaturerritle Subscribed and sworn to (or affirmed) before me on this 13th day of September , 2017 by Gary M Flores , 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 Califor ' that the foregoing paragraph is true and correct. t� GARY M.FLORES U COMM. # 2108360 i [SEAL] (� NOTARY PUB M. F ORES O LOS ANGELES COUNTY O COMM. WIRES APRIL COMM. APRILY My Commission Expires: oa/zans 14 City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 DESIGNATION OF SURETIES Bidder's name Bosco constructors 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): Alliant Insurance Services Inc - (WC GL Auto, Umb) insurance (Bid Payment Perf) bonding 333 S Hope St Los Angeles CA 90071 Mali Pana2� 3 aa� 7a76 mpena(a}alli^nt com / II'aotcnm 15 City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Bosco Constructors Inc. Record Last Five (5) Full Years Current Year of Record 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 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts 3 1 1 0 1 0 6 Total dollar Amount of Contracts (in $6,156,229 $21,460,050 $5,034,330o 0 $4,970,000 0 $37,620,609 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Bosco Constructors Inc. 21353 Mayall St. Chatsworth CA 91311 818.700.0304 Classification: 972065 A & B Title Eng / Gen Contractor The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Pres / Sec / Tres. Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL, 0 E'll IQ 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 Los Angeles ) On 09/13/17 -before me, Gary M. Flores - Public Notary Date Here Insert Name and Title of the Officer personally appeared Patrick Robinson President/Secretary/Treasurer Name(s) of Signer(s) 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(es), 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. M.FLORES OCOMMGARY NOTARYPUBUC-CALFORNIA LOS ANGELES COUNTY 0, .EXPIRESAPRIL244019 � Place Notary Seal 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 • G i f at of Notary Public OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: genede bid/pmposal Info Document Date: Number of Pages: f Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) $I ner's Name: PaWck Ra n. corporate Officer — Tda(s): Pm 9-m1R-1 ryfTm umr 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: 09/13/17 Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator F] Other: Signer Is Representing: ONr •. :fir • :rry r City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Bosco constructors 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 gcIrlpture 1 August 31, 2017 M City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Bosco Constructors Inc. Business Address: 21353 Mayall St. Chatsworth CA 91311 Telephone and Fax Number: 818.737.34701818,700.0307 California State Contractor's License No. and Class: 972055 A & B (REQUIRED AT TIME OF AWARD) Original Date Issued: 04/13/12 Expiration Date: 05/30/18 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: Rafael Fonseca -Admin / Project Planning 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 Patrick Rob ncnn PrPs/SP /TrPs Santa Monir.q CA 410 570 56g8 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; n/a Have you ever had a contract terminated by the owner/agency? If so, explain. n/a Have you ever failed to complete a project? If so, explain. n/a 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 / No Ce Are any claims or actions unresolved or outstanding? Yes No 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. Bosco Constructors Inc. Bidder Patrick Robinson (Print name of Owner or President of Corporation/Company) p,QQ�p , Ls,��.� Authorized nature/Title Pres / Sec / Tres. Title 09/13/17 Date On 09/13/17 -before me, Gary M Flores , Notary Public, personally appeared Patnck Robinson , 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/theirsignature(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,anoffigial seal. My Commission Expires: 04/24/19 21 (SEAL) GARY M. FLORES Q .- COMM. N2108360 NOTARY PUBLIC -CALIFORNIA Li LOS ANGELES COUNTY 0 COMM. EXPIRES APRIL 24, 2019 City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 BALBOA ISLAND COPING REPAIR CONTRACT NO. 7066-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BOSCO CONSTRUCTORS INC., a California corporation ("Contractor'), whose address is 21353 Mayall Street, Chatsworth, California 91311, 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: The work necessary for the completion of this Contract consists of: constructing approximately 7,400 LF of concrete cap raise on top of existing seawall cap around Balboa Island, protecting light standards, providing openings for access to beach and public docks, providing stop boards for such gaps in wall, replacing sidewalks, constructing forms and pouring concrete in close proximity to privately owned docks (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. 7066-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Four Hundred Forty Four Thousand Four Hundred Forty Four Dollars and 00/100 ($1,444,444.00). Additionally, the City has allocated a contingency amount of Two Hundred Sixteen Thousand Dollars and 00/100 ($216,000.00) for unexpected costs, for a total not to exceed amount of One Million Six Hundred Sixty Thousand Four Hundred Forty Four Dollars and 00/100 ($1,660,444.00). No portion of the contingency shall be expended without prior written approval of City's Project Administrator. 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 Steve Robinson 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 Bosco Constructors Inc. Page 2 represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, 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.). 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: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Steve Robinson Bosco Constructors Inc. 21353 Mayall Street Chatsworth, CA 91311 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 Bosco Constructors Inc. Page 3 service 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 Bosco Constructors 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 Agreement, the services to be provided under this Agreement 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 orjoint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services 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 Bosco Constructors Inc. Page 5 Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services 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 and/or Services, 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, volunteers, the State of California, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Bosco Constructors Inc. Page 6 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"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred Bosco Constructors Inc. Page 7 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. 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. Bosco Constructors Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Bosco Constructors 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: By:% Aaron C. Harp U'^-07-fAM City Attorney ATTEST: ' Date:` 2'� By: Leilani I. Brown City Clerk CITY OF NI a California nates- I, M 5vin Muldoon ayor CONTRACTOIZ Bosco Constructors Inc., a Californ a corporation Date: Signed in Counterpart By: Patrick Steven Robinson Chief Executive Officer/ Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Bosco Constructors 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:o►6 fl 7 By: Aaron C. Harp GtM ++1241rt City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: Bosco Constructors Inc., a California corporation Date: ! I 9 —1 ::� By: eta Re Leilani I. Brown Patrick Steven Robinson City Clerk Chief Executive Officer! Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Bosco Constructors Inc. Page 10 Balboa Island Coping Repair EXHIBIT A Contract No. 7066-1 CITY OF NEWPORT BEACH BOND NO. 72BCSHK5913 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bosco Constructors Inc, hereinafter designated as the "Principal," a contract for: constructing approximately 7,400 LF of concrete cap raise on top of existing seawall cap around Balboa Island, protecting light standards, providing openings for access to beach and public docks, providing stop boards for such gaps in wall, replacing sidewalks, constructing forms and pouring concrete in close proximity to privately owned docks, 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, Hartford Fire 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 One Million Six Hundred Sixty Thousand Four Hundred Forty Four Dollars and 001100 ($1,660,444.00) 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 Contragt; 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 Bosco Constructors Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 27th day of October , 2017 . Bosco Constructors Inc. Name of Contractor (Principal) ,, t a". pu5l Hartford Fire Insurance Company Name of Surety Authorized Agent Signature 440 E Huntington Drive, Suite 317 Arcadia CA 91006 Address of Surety 213-443-2476 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1o (% A Aaron C. Harp Cann %1,16bl1r City Attorney Maria Pena, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bosco Constructors Inc. Page A-2 ACKNOWLEDGMENT A notarypublic 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 f /nS A WL-ZLS } ss. On kbu . 0, 20 / before me, Fi-02LS Notary Public, personally i peare PA — / :jn/L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and ofodal seal. GCC M-FLORES � V x, COMM. # 2108360 (� .� - NOTARY PUBLIC CALIFORNIA O LOS ANGELES COUNTY 0 (seal) COMM. EXPIRES APRIL 24,2019,It ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On —'20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Bosco Constructors Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the 'document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) OCT 2 7 2011 On , before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the person(s4 whose name(s4 is{are subscribed to the within instrument and acknowledged to me that 4e/sheA43ey executed the same in #is¢her 4,&4 authorized capacity{ie4, and that by 4is{herA4eie signature(4 on the instrument the person(4, or the entity upon behalf of which the person(s4 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. NATALIE K. TROFIMOFF r a" NOTARY PUBLIC - CALIFOR LOS ANGELES COUNTY yrn " COMMISSION # 2127860 d•",- ,° -�'- MY COMM. EXPIRES OCT. 22, 2019 (Seal) Signature: Natalie K. Trofimoff, Notary Pub i POWER OF ATTORNEY 'ALL F 0 0 0 BY Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 82nd.ClaimWthehartfortl com call, 888-266-3488 or fax. 860-757-5835 Agency Name: ALLIANT INSURANCE SERVICES INC Agency Code: 72-256704 Hartford Fire Insurance Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Casualty Insurance Company, a corporation duty organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State or Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws oftlie State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, cor up to the amountof Unlimited : E. S. Albrecht Jr., Patricia S. Arana, Tiffany Coronado, C.K. Nakamura, Maria Pena, Noemi Quiroz, Jeffrey Strasener, Lisa L. Thornton, Tim M. Tomko, Natalie K. Trofimoff of LOS ANGELES, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surely(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In witness whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. rrr , jlsl +o� Pr � �.r-tx p4 rt r �Jp S 5,i w /,dura ac`s+. �Mrr> ` a a s •� •3!(^' Imo` t •+ �m 9 raB _}�►Oa7 a�'4j'6 I_ / J w frlpcara e i111 au�� • r s r i r � t�� hl � ]91•) i i.' John Vray. Assistant secretary _ STATE OF CONNECTICUT ] },S, Hartford COUtITY OF HARTFORD j /Y M. Ross Fisher. Senior Vice President On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: hat he is described that he resides andwhich executed the State ttt above instrument: that he knowsthe sealsthof the sor aid lce President saidco poratons;�hat the sealf ths cor porations said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. W'79,rotu o 20 191 g -_ c+ X19/1�tc70il Pi •A :iiln i%o.r Kevin Heckman, Assistant Vice President e Nom M. Stradu `lPublic omPub ry Public CERTIFICATE 17v Commission Expires .March 31 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. W'79,rotu o 20 191 g -_ c+ X19/1�tc70il Pi •A :iiln i%o.r Kevin Heckman, Assistant Vice President EXHIBIT B Balboa Island Coping Repair CITY OF NEWPORT BEACH Contract No. 7066-1 - BOND NO.72BCSHK5913 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 22,516.00 , being at the rate of $ 13.56 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bosco Constructors Inc. hereinafter designated as the "Principal," a contract for: constructing approximately 7,400 LF of concrete cap raise on top of existing seawall cap around Balboa Island, protecting light standards, providing openings for access to beach and public docks, providing stop boards for such gaps in wall, replacing sidewalks, constructing forms and pouring concrete in close proximity to privately owned docks, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Six Hundred Sixty Thousand Four Hundred Forty Four Dollars and 001100 ($1,660,444.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, ouf heirs, executors and administrators; successors, Or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, orfails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Bosco Constructors Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27th day of October ,20 17 . Bosco Constructors Inc. Name of Contractor (Principal) Hartford Fire Insurance Comuanv Name of Surety 440 E Huntington Drive Suite 317 Arcadia CA 91006 Address of Surety 273-443-2476 - — Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: of 7 By: Aaron C. Harp (HM cclosltr City Attorney 3;"& A6thorized natureMtle Authorized Agent Signature Maria Pena, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bosco Constructors Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 6-U,- I ss. On LT D 20befor m Notary Public, personally appeared /moi/C/�Lf/lel. f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,,,, GARY M. FLORES Q COMM. # 2108360 0 .,,. NOTARY PUBLIC -CALIFORNIA L1 / - � LOS ANGELES COUNTY O �( COMM. E%PIRES APR i n $tur eal) IL 24, 2019 � (s ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Bosco Constructors Inc Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) OCT 2 7 2017 On before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the person(s4 whose names) is{afe subscribed to the within instrument and acknowledged to me that 4efshe{4ey executed the same in 4s/her 4e* authorized capacity4s4, and that by 4�s/her/theiF signature4s4 on the instrument the persontq, or the entity upon behalf of which the persons) 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. NATALIE K. TROFIMOFF r a• "— NOTARY PUBLIC • CALIFORNIA •. za, LOS APIGELES COUNTY e COMMISSION # 2127860 �'• >= hiY COMM. EXPIRES OCT. 22, 2019 (Seal) I Signature: Natalie K. Trofimoff, Notary ublic POWER OF ATTORNEY ALL PERSONS BY THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-12 One Hartford Plaza Hartford, Connecticut 06155 Bond Claimsrdlthehartfortl com cal/788-266-3488 or fax: 860-757-5835 Agency Name: ALLIANT INSURANCE SERVICES INC Agency Coda: 72-256704 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, uptotheamountof unlimited E. S. Albrecht Jr., Patricia S. Arena, Tiffany Coronado, C.K. Nakamura, Maria Pena, Noemi Quiroz, Jeffrey Strassner, Lisa L. Thornton, Tim M. Tomko, Natalie K. Trofimoff of LOS ANGELES, California their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In !Witness whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. nr 1502`1 � tOaT .y aiaa{<' 1973 ly7a I 'j't,�n N - John L;ray. Assistant Secretary _ V. Ross Fisher. Senior Vice President STATE OF CONNECTICUT COUIITY OF HARTFORD Hartford On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: described in he and which h executed ths in the ty of Hartford, e above instrumeate nt; ofConnecticut; he knowsthehat he is the sealshe of theor ti corporations; thattheseals affxedcto the tsaid instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. rtarl� 4ya Nora \1 Stan o Wotan Public CERTIFICATE Expur. March 31. 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. OCT4 f T " 7 2017 µirr�� nrawry t!u v lair: K 3µt wM, 1970 Z <I9T� ,,I 1�i In oc _ _ Kevin Heckman, Assistant Vice President 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, volunteers, the State of California, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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, volunteers, the State of California, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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 one million dollars ($1,000,000) per Bosco Constructors Inc. Page C-1 occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an 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. For Contracts with property exposures during construction, 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 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. 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, volunteers, the State of California, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing 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, volunteers, the State of California, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs Bosco Constructors Inc. Page C-2 the Project and/or Services contemplated by this Agreement 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, volunteers, the State of California, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. 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. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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 Bosco Constructors Inc. Page C-3 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. 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. Bosco Constructors Inc. Page C-4 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. Bosco Constructors Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 10/27/17 Dept./Contact Received From: Edwin Date Completed: 12/21/17 Sent to: Edwin By: Jan Company/Person required to have certificate: Bosco Constructors Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/27/17 — 8/27/18 A. INSURANCE COMPANY: Executive Risk Indemnity B. AM BEST RATING (A-: VII or greater): A++/ XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely'by negligence' wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/27/17 — 8/27/18 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater) A++/ XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/27/17 — 8/27/18 A. INSURANCE COMPANY: Executive Risk Indemnity B. AM BEST RATING (A-: VII or greater): A++ / XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/21/17 RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA ISLAND COPING REPAIR CONTRACT NO. 7066-1 DATE: August 31, 2017 BY: AUVf CITY ENGINE TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. NOTICE INVITING BIDS Change bid opening to 10:00 AM on September 13, 2017. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bosco Constructors Inc. Bidder's Name (Please Print) 09/13/17 Date n Patrick Robinson - Pres/Sec/Tres rf / yy,�, q _G Authorized Signature & Title f.lusers\pbwlsharedlconlracts\fyl7-1B current proleclsk00 -parks harbors and beacheslbalboa island seawall caping repair 07066-1 - 15h11 17h 11laddendum no. 1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 BALBOA ISLAND COPING REPAIR CONTRACT NO. 7066-1 DATE: September 8, 2017 BY: �VN CITY ENGINEER TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. NOTICE INVITING BIDS Change bid opening to 10:00 AM on September 20, 2017. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bosco Constructors Inc. Bidder's Name (Please Print) 09/18/17 Date ,) Patrick Robinson - Pres/Sec/Tres a�Z� Authorized Signature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 BALBOA ISLAND COPING REPAIR CONTRACT NO. 7066-1 DATE: September 12, 2017 BY: X64 CITY ENGINEER TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. NOTICE INVITING BIDS 1. DBA's (deformed bar anchor) as noted on Page 13 of the plans, Sections C and D, are hereby eliminated from the project and not required as part of the seawall cap. 2. 3 -sided Work Enclosure structure as noted on Page 21 of the Plans, Section B and Section 7-10.4-1 of the Special Provisions, paragraph 2 is eliminated and not required, 3. Replace Section 7-10.4-1. paragraph 2 of the Special Provisions with this paragraph: The Contractor shall mitigate fugitive dust associated with grinding, cutting, sanding, drilling, roughing, sacking, cleaning, etc of concrete surfaces. Contractor shall protect the public, private properties (landscaping, patios, furnishings, houses), sand and waterways from contamination and fugitive dust. Contractor shall employ means and methods that may include vacuums, dust collections systems, water and water spray, enclosures, screens or fencing. The contractor's practices, means and methods shall be provided to the City for approval as a submittal. If the means and methods do not work and/or fugitive dust is moving to the public, private properties or sand/waterways, the contractor will be directed to stop work at the contractors cost until a different method is approved and proven to mitigate fugitive dust. All work and costs associated with this requirement is included in Bid Item 8 Seawall Cap, 4. Section 303-1.3 Forms, Specifications: City will allow a substitution from steel forms to smooth facing wood or composite forms as long as the wood graining is eliminated and the exposed concrete surface matches and conforms the existing concrete wall and cap finish. 5. Washer Clarification: All OGEE washers shall marine grade galvanized and all other washers shall be 316 stainless steel. 6. Surveying Clarification: All costs associated with this requirement (Section 2-9 of the Special Provisions and Standard Specifications) is hereby included Mobilization Bid Item 1 7. RFI: Under the Public Works Formal- Sample C, on Page 6, Indemnification: We understand the City's desire to protect itself from the Contractor's negligent actions. However, The indemnification language provided in the sample contract offloads substantial risk to the Contractor disproportionate to the degree of involvement. For example, the Contractor is being called upon to defend, indemnify and hold harmless the City against any and afl claims that in any manner relate (directly or indirectly) to any work or services provided, regardless of the degree of fault. Given a) the determination for the height of the cap was outside the Contractor's control; b) the design and engineering are outside the scope of the Contractor's work; c) the existing sea wall on which the cap is being placed is quite old and past its expected life; and d) there is significant past history of flooding. Due to the above discrepancies, will the City please consider and provide revised indemnification language to address the above concerns? Response: Section 17.4 clarifies indemnification responsibility regarding the City's sole negligence or willful misconduct. The contractor is not responsible for the design/engineering of the City plans, the determination of the height, history of flooding and the condition of the existing seawall. 6. The following documents shall be incorporated into the Special Provisions for this project: a. Attachment A — Balboa Island Seawall Elevation Survey b. Attachment B - Resolution No. ZA2017-055 — Coastal Development Permit Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 3 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bosco Constructors Inc. Bidder's Name (Please Print) 09/18/17 Date Patrick Robinson - Pres/Secrrres Authorized Signature & Title N City of Newport Beach BALBOA ISLAND COPING REPAIR Contract No. 7066-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7066-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 09/13/17 Date 818.737.3470 / 818.700.0307 Bidder's Telephone and Fax Numbers 972065 A 8 B Bidder's License No(s). and Classification(s) Bidder's email address: smf.bosco@gmall.com PR -1 Bosco Constructors Inc. Bidder 7 Bidder's Authorized Si nature and Yitle 21353 Mayall St. Chatsworth CA 91311 Bidder's Address City of Newport Beach Page 1 BALBOA ISLAND COPING REPAIR (C-7066-1), bidding on September 20, 2017 10:00 AM (Pacific) Printed 12/20/2017 Bid Results Bidder Details Vendor Name Bosco Constructors Inc Address 21353 Mayall St Chatsworth , CA 91311 United States Respondee Manny Flores Respondee Title Est / Proj Mgr Phone 818-737-3470 Ext. Email gmf.bosco@gmail.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted September 20, 2017 9:46:23 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 116876 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Master Formal contract c-7066-1 signed MASTER FORMAL CONTRACT C-7066-1 PlanetBids General Attachment 080817 signed.pdf Balboa bid bond signed2 copy Balboa bid bond signed2.pdf Bid Bond Line Items Type Item Code UDM Qty Unit Price Line Total Comment Section 1 1 Mobilization / Demobilization Lump Sum 1 $50,000.00 $50,000.00 2 Traffic Control Lump Sum 1 $50,000.00 $50,000.00 3 Spall repair, Existing Cap Sq. Ft. - In. 2500 $80.00 $200,000.00 4 Replace Reinforcement, Existing Cap Lb 2000 $50.00 $100,000.00 5 Weld Reinforcement, Existing Cap Each 40 $500.00 $20,000.00 PlanetBids. Inc. City of Newport Beach Page 2 BALBOA ISLAND COPING REPAIR (C-7066-1), bidding on September 20, 2017 10:00 AM (Pacific) Printed 12/20/2017 Bid Results Type Item Code UOM qty Unit Price Line Total Comment 6 Crack Repairs, Existing Cap Linear Fl. 850 $85.00 $72,250.00 7 Barrier Plates for Zone A Street Lights Each 5 $1,000.00 $5,000.00 8 Seawall Cap Lump Sum 1 $580,194.00 $580,194.00 9 Access Gaps Each 33 $5,000.00 $165,000.00 10 Remove All USA Markings and Restore Pavement Surfaces Lump Sum 1 $30,000.00 $30,000.00 11 Remove and Replcace Sidewalk Sq. Ft. 6100 $20.00 $122,000.00 12 Drainage System Repair Linear Ft. 1000 $40.00 $40,000.00 13 As -Built Drawings Lump Sum 1 $10,000.00 $10,000.00 Subtotal $1,444,444.00 Total $1,444,444.00 Subcontractors Name & Address Description License Num CADIR Amount Type WMB & Associates Survey 7229 1000005325 $7,998.00 22421 Barton Road Grand Terrace, CA 92313 United States ENOR Innovations dba ENOR traffic control 931953 1000007079 $35,000.00 DGS,CUC,DVBE,DB Traffic Control E,MBE,CADIR 16213 Illinois Ave. Paramount, CA 90723 United States PlanetBids, Inc. SP 1 OF 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA ISLAND COPING REPAIR CONTRACT NO. C-7066-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. H -5235-S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements, (4) Standard Specifications for Public Works Construction (2015 Edition), including supplements and manufacturer's instructions. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTORS 2-3.1 General. Add to this section: "If and when connecting to an Edison Electrical Pull Box or Vault, construction shall be done by an Edison Approved Contractor." 2-6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of constructing approximately 7,400 LF of concrete cap raise on top of existing seawall cap around Balboa Island, protecting light standards, providing openings for access to beach and public docks, providing stop boards for such gaps in wall, and replacing sidewalks. Work will require constructing forms and pouring concrete in close proximity to privately owned docks." SP2OF18 2-9 SURVEYING 2-9.2 Line and Grade Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. As needed, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required prior to construction and after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2-9.6 Survey Accuracy. Stationing shown on the drawings for the various work items is approximate, plus or minus 0.5 ft. Contractor shall complete his own survey before starting work, bring any discrepancies to the Engineers attention, and mark -out items of work for Engineer to confirm prior to start of work. Adjust limits or location of work per Engineer's direction. Attachment A shows the existing top of seawall elevations based on NAVD88 datum. SECTION 3 ---CHANGES IN WORK Add the following: "3-2.5 Pay Item Schedule. For Bid Items identified by the Engineer, the Contractor shall submit a pay item schedule. The submittal shall consist of a breakdown of cost for the identified Bid Items, including all labor, materials, equipment and incidentals. Overhead and profit shall be spread proportionately over each item. The pay item schedule shall not be unbalanced in any way. No work shall commence until the pay item schedule has been approved by the Engineer. Upon approval, the pay item schedule shall serve as the basis for making progress payment in accordance with Section 9-3.2 of the Standard Specifications as amended herein." SP 3 OF 18 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." SP 4 OF 18 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed'. No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 working days after the date on the Notice to Proceed. However, all work shall be complete by May 31, 2018." 6-7.2 Non -Working Days. Add to read: "No work shall occur on any City holiday, defined as January 18t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 13-17 (Boat Parade), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1, July 4, November 11, December 24, December 25 or December 31 falls on a Sunday, the following Monday is a holiday. If January 1, July 4, November 11 December 24, December 25 or December 31 falls on a Saturday, the Friday before is a holiday. Also, there will be no work from December 13 through 17." SP5OF18 6-7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. The Contractor may be allowed to perform non -noisy work from 7:00 a.m. to 8:00 a.m. weekdays if approved by the Engineer. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-4 COASTAL DEVELOPMENT PERMIT / LOCAL DEVELOPMENT PERMIT Add to this section: 'The City has obtained a Coastal Development Permit / Local Development Permit (No. PA2017-078) for this project, which is included as Attachment B. All work under this contract shall be in conformance with the permit. Where the requirements in the permit conflict with these drawings and specifications, the more costly requirement shall be assumed and the Contractor shall request clarification from the Engineer before proceeding." 61airel aF-1 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards." 7-8.5.3 Spill Prevention and Emergency Response Plan. Add this section: "Contractor shall be responsible for providing and operating a trash pump during any rain event during construction to prevent street flooding." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be captured and treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the adjacent beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual that is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual." 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP shall be approved by the Engineer prior to any work. The City of Newport Beach shall monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the SP7OF18 Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. See Drawings for additional requirements. Pedestrian access to all residences, beaches, etc., within the limits of work must be maintained at all times, proving that the Contractor may use 'h of the width of the sidewalk and 15 feet seaward of the wall in the work area for his exclusive use. Beach areas shall be kept free of construction and concrete waste. Note that construction materials and equipment may not be stored or stockpiled seaward of the wall. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas as shown on the Drawing or if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan showing typical closures and detour plans(s). See Drawings for requirements. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of 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. SP8OF18 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 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." 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The Contractor shall erect sturdy 3 -sided work enclosure structures with top along the sidewalk as shown on the Drawings for the protection of the public and reduction of noise and dust. All work concrete grinding shall be conducted within the enclosure. The Contractor shall protect sand and Bay waters from contamination at all times. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. SP9OF18 When posting No Parking Signs at street end, Contractor shall be responsible for hand sweeping and keeping gutters/streets clean. 7-10.7 Notices to Residents. Ten working days prior to starting work in the area, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction in the area, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. In addition, the Contractor will be required to post on the public dock notices directing people to the nearest open public dock anytime the dock becomes inaccessible due to construction activities. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings The "As -Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT SP 10 OF 18 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization / Demobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; preparing a pay item schedule defined in Section 3-2.5; establishing a field office; SWPPP preparation, compliance with GCP requirements, construction signage, and construction and material delivery schedule; coordinating with other agencies and utilities; notifying businesses and residents; attending all coordination meetings; keeping photographic and video records of project site; demobilization; and all other related Work as required by the Contract Documents. Lump Sum. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes providing the traffic control required including signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Lump Sum. Item No. 3 Spall Repair, Existing Cap: As directed by the Engineer and within limits agreed upon only, work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals, providing submittals, procuring, approving, delivering and storing material, removing unsound or unwanted concrete to sound substrata, roughening surfaces, and filling with concrete during implementation of Item No. 6 or patching separately to original line, and all other work items not otherwise itemized as required to complete the work in place. Unit Price (per square foot - inch removed). Item No. 4 Replace Reinforcement, Existing Cap: As directed by the Engineer, work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing material, removing existing corroded rebar with section loss greater than 15% and replacement with similar section, including lap splices, and all other work items not otherwise itemized as required to complete the work in place. Unit Price (per pound installed). SP 11 OF 18 Item No. 5 Weld Reinforcement, Existing Cap: As directed by the Engineer, work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals, procuring, approving, delivering and storing material, welding splices between new and existing reinforcement, in lieu of lap splice, and all other work items not otherwise itemized as required to complete the work in place. Unit Price (each). Item No. 6 Crack Repairs, Existing Cap: As directed by the Engineer, work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals, providing submittals, procuring, approving, delivering and storing material, crack repair by epoxy injection or methacrylate joint sealer, as applicable, and all other work items not otherwise itemized as required to complete the work in place. Unit Price (per linear foot of crack). Item No. 7 Barrier Plates for Zone A Street Lights: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals, providing submittals, procuring, approving, delivering, and storing material, preparing concrete surface, constructing bolts in adjacent cap areas, constructing 316L stainless steel L- plate, and all other work items not otherwise itemized as required to complete the work in place. Unit Price (each). Item No. 8 Seawall Cap: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals, procuring, approving, delivering and storing material, removing existing 1'/z" bullnose corners each side of cap and roughening surface between under a dust -control enclosure, protecting the beach from construction debris and concrete dust and spoils, constructing deformed bar anchors through existing cap and into piles below, constructing concrete seawall cap including reinforcing, forming, bonding agent, placing and finishing concrete, constructing concrete cap behind Zone B street lights including preparation of concrete surface and constructing construction membrane around base of street light, constructing steps at private docks, and all other work items not otherwise itemized as required to complete the work in place. Lump Sum. Item No. 9 Access Gaps: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals, providing submittals, procuring, approving, delivering and storing material, constructing stainless steel channel end plates at the gaps indicated, with stop boards & accessories, at each public access gap in wall as indicated on the Drawings and as directed by the Engineer, and upon acceptance, removal of all boards and accessories, and delivery to City's Utilities Yard at 949 West 16th Street appropriately packaged, inventoried, and stacked, and all other work items not otherwise itemized as required to complete the work in place. Unit Price (each). Item No. 10 Remove All USA Markings and Restore Pavement Surfaces: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals, providing submittals, procuring, approving, delivering and SP 12 OF 18 storing material, removing by pressure washing with water vacuuming all USA markings within the work area and cleaning all pavement and sidewalk surfaces to pre - construction condition, and all other work items not otherwise itemized as required to complete the work in place. No sandblasting is allowed. Lump Sum. Item No. 11 Remove and Replace Sidewalk: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; providing submittals, procuring, approving, delivering and storing material, demolishing and disposing of existing pavement and base materials, grading and re -compacting subgrade, construction of base, mudsill, and reinforced concrete paving slab as shown on the drawings and all other work items not otherwise itemized as required to complete the work in place. Unit Price (Square Foot). Item No. 12 Drainage System Repairs: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals, providing submittals, procuring, approving, delivering and storing material, removing and disposing of existing drainage system components, adjusting trenching and grading as needed, construction of bedding, and replacing components in-kind as shown on the Reference Drawings and all other work items not otherwise itemized as required to complete the work in place. Unit Price (Linear Foot). Item No. 13 As -Built Drawings. Work under this item shall include a redlined set of Drawings submitted by the Contractor upon completion of the project. The Drawings shall reflect all deviations from Contract Drawings made during Construction and show the exact dimensions, geometry, and location of all elements of the Work completed under the Contract. As -Built Drawings shall be submitted to the Engineer. An amount of $3,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of As -Built Drawings. Lump Sum. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.3 Concrete Specified by Special Exposure. Add to this section: "Portland Cement concrete shall be 750 -CSE -5000P as provided in Table 201-1.1.3 for Severe Exposure." Water cement ratio of 0.40 shall not be exceeded. SP 13 OF 18 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615, A775 and D3963 with 3 -inch minimum cover unless shown otherwise on the plans." Reinforcing to be welded shall be ASTM A706, GR 60. All tie ends shall be pointing into the center of the concrete and no portion of the tie shall come closer than 3 inches to the surface. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.1 General. Add to this section: "Joint sealant primer shall be SIKAFLEX 429 and sealant shall be SIKAFLEX 1A, or approved equal, with backer rods as recommended by the manufacturer. Submit product information including installation instructions on product actually selected. " 206-3 GRAY IRON AND DUCTILE IRON CASTINGS Add: "206-3.8 OGEE Washers: Galvanized Iron, conforming to ASTM A48, as provided by Portland Bolt, Fastenal, Lawler Manufacturing, or equal." ADD THE FOLLOWING TWO SECTIONS IN THEIR ENTIRETY: 201-10 EPDXY GROUT 201-10.1 General. Epoxy grout for grouting reinforcing and deformed bar anchors into hardened concrete shall be one of the following, or an approved equal: HILTI HIT 500 SD SIMPSON STRONG -TIE SET RED HEAD G5 Submit product information including ICC -ES Report and installation instructions on product actually selected. 201-11 CONCRETE PREP AND PATCHING MATERIALS 201-11.1 General. Materials for repairing cracks and spalls in existing concrete and bonding new concrete to old shall be as follows, or an approved equal. All products shall be from the same manufacturer and certified compatible with each other: SIKADUR 52 Epoxy adhesive SIKAPRONTO-19 TF SIKA ARMATEC 110 EPOCEM SIKATOP 122 PLUS SP 14 OF 18 204-3 COMPOSITE LUMBER 206-7.1 General. Stop boards shall be composite recycled plastic/ fiberglass, FiberForce® as manufactured by Bedford Technology, LLC., (2424 Armour Road, Worthington, MN 56187-0609, www.plasticboards.com ), or an approved equal with the following properties: Flexural Strength, D6109 min...........................................................2,700 PSI Flexural Modulus Secant @ 1% strain, D6109, min .................... 300,000 PSI Shear Strength, D2344, min............................................................... 600 PSI Moisture Absorption, by weight, max ....................................................... 0.1% Ultraviolet, D4329, Change in durometer at 500 hours, max ................... 10% 206-7.2 Rubber Seals. Rubber seals shall be: 1. D -profile EPDM foam rubber, with BT 3MTM peel -off tape adhesive, as manufactured by Trim -Lok, Inc., 6855 Hermosa Circle, Buena Park, California 90622, or approved equal 2. Flat strips or L -shape, no adhesive: Neoprene or Neoprene/EPDM blend, closed -cell sponge rubber conforming to ASTM D 1056, Type 2, Grade 1 or 2. 206-7 STAINLESS STEEL 206-7.1 General. Stainless steel plate, studs, bolts, and misc. shall be AISI 316L. Welding rods shall be selected for best compatibility with 316L base material. 206-7.2 Hardware: 316L Stainless Steel Bolts & All -thread rods: ASTM All 93 or A320, Grade B8M Class 1 Washers: Made From 316L Stainless Steel Nuts: ASTM A193, Grade 8M Studs: ASTM F593, Group 2 PART 3 CONSTRUCTION METHODS SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.3 Forms. Add to this section: "Forms shall be made of steel, except at private docks where the exterior (ocean facing) form only can be made of surfaced plywood. Exterior over - the -top form clamps only shall be used to hold forms in place. Thru-ties, snap -ties, tie - rods, or any form ties that go through the concrete are not permitted. Drilling of holes SP 15 OF 18 into existing concrete for purpose of securing forms is not permitted. Form all vertical bullnoses. Corners are spherical, not mitered. Inspect each private dock before beginning work in area to determine any obstructions that will interfere with forms. Notify Engineer if obstructions are found. Do not use private dock structure to support forms as they pass in front." ADD THESE SECTIONS: 303-9 CONCRETE PREP AND REPAIRS 303-9.1 General. General location of concrete spalls and cracks to be repaired are indicated on the drawings. Additional repairs may be required upon inspection. Before starting work in area, walk length of wall with Engineer to determine limits of demo and repair work. Repairs shall be accomplished prior to constructing the cap raise. Where spall repairs are contiguous to the cap raise and are of sufficient size and orientation, concreting of the spall repair can take place along with the placement of the cap concrete. 303-9.2 Prep Top of Wall. Prep top of wall for new construction as shown on the drawings and as directed by the Engineer: (a) Saw cut 1" deep and remove the existing bullnose corners only and roughen top 'W amplitude, or; At private docks, saw cut 1" deep and remove the existing landside bullnose corner only, leaving waterside bullnose intact, and roughen top Y4" amplitude. At public access openings, saw cut top to accept gap plates and leave existing top of cap including bullnoses intact. 303-9.3 Crack Repairs. Contractor shall locate cracks as indicated on the drawings and mark limits. Note that crack typically are transverse, but some are longitudinal. Cracks on the top of the cap may extend down the sides. Cracks on top will typically be covered by new cap raise except at locations of the public access gaps. Nevertheless, the cracks shall be repaired. Some cracks have been previously repaired but have failed. 303-9.3.1 Crack Repair Methods. Contractor shall inspect each crack and determine proper method of repair based upon maximum width determined. For cracks 1/8 -inch or greater, inject with low viscosity epoxy adhesive. For cracks less than 1/8 -inch, apply Methacrylate joint sealer. Comply with manufacturer's specifications and procedures for each. 303-9.3.2 Engineer's Crack Approval. After determining type of crack repair and crack repair limits, obtain Engineer's approval before starting work. Adjust limit or type per Engineer's directions. SP 16 OF 18 303-9.4 Spall Repairs. Contractor shall locate spalls as indicated on the drawings and mark limits. Spalls may be on top of the existing cap or on the sides. Note that the spall may be part of crack system and there may be multiple spalls in close proximity. Cracks and spalls may need to be repaired together. Spalls on top of cap will typically be covered by new cap raise except at locations of the public access gaps. 303-9.4.1 Spall Repair Method. Comply with the following: 1. Clean surface of any loose concrete, dirt, oil, grease, and all bond inhibiting materials. Chip out loose concrete to 1 inch beyond interior surface of reinforcing. 2. Grind the perimeter of the area to be repaired to 1/2" depth minimum to avoid feathered edges. 3. Clean steel reinforcement mechanically to remove all rust. 4. If reinforcement area loss is more than 15%, repair the rebar by lap -splicing or welding new rebar splice to stubs of existing. 5. Install galvanic anodes following procedure shown. 6. Using a stiff brush, apply SIKA ARMATEC 110 EPOCEM (or approved equal) 20 Mils thick minimum, covering all exposed steel and allow to dry, then apply a second coat at 20 mils minimum thickness. Allow second coat to dry. 7. Pre -wet surface to saturated surface dry. 8. Using stiff brush, prepare area with the approved bonding agent. 9. Unless spall repair is placed with cap raise, place the repair patching material per manufacturer's instructions. Force material against edge, working towards center. If several lifts are necessary, wait 30 minutes between layers, saturating surface again before new lift. Score surface to create a rough surface for next lift. Cure with wet burlap and polyethylene immediately. Protect surface from sun, rain, wind and water splash. 10. If spall repair is made with cap raise, insure that the plastic concrete can flow and be vibrated into place without honeycombs. 303-9.4.2 Engineer's Spall Approval. After marking spall repair limits and determining — plan of action, obtain Engineer's approval before starting work. Adjust limit or method per Engineer's directions. ADD THE FOLLOWING SECTION IN ITS ENTIRETY 304-1.13 End Plate Setting Templates 304-1.13.1 Purpose. The purpose of the templates is to set end plates accurately such that any stop board can be placed in any gap. 1. Set end plates with the approved steel template shown on the drawings. Once approved, template must not be modified in any manner. If bent or damaged, discard template and use another approved template. Do not try to straighten or fix. Notify Engineer. SP 17 OF 18 2. Note that the end plates must be matched to each gap individually, as the top of the end plate is set to the elevation specified, but the existing top of cap elevation varies. 3. Before installing in forms, bolt end plates to template as shown on the drawings. Verify that the distance between inside faces of the end plates are within tolerances shown on the drawings. 4. Set template with end plates in form, with the bottom leg of the template on top of the existing concrete coping. The bottom leg should be pointing seaward. When set in forms, the top of end plates must be within t'/4' of the specified new coping elevation. Shims not greater than 1/8" in height may be used under the template to help achieve this. (note: screed concrete to top of plate, sloping surface so as not to be noticeable) 5. Ensure that template is level. Grind off any protrusions on existing concrete cap than prevents leveling. 6. After concrete has cured, remove bolts and return template to a safe place. 304-1.13.2 Quality Control and Assurance for Templates. The following procedures must be followed for fabricating templates. 1. Fabricate all templates at one time. Templates to be used in the field are noted as Field Templates. Note that three areas are worked simultaneously with each area having two to three gaps. The number of Field Templates needed shall be determined by Contractor before stating work. 2. Mark each Field Template with notches at the top edge to indicate the template number. Templates shall be marked in consecutive order: 18t template having 1 notch; 2nd template 2 notches, 3rd template 3 notched, and so on. 3. At the same time, fabricate the Master Template and the Fabricator Template. The Master Template shall be used to verify all other templates. After approval, the Fabricator Template shall be given to the shop fabricating the stainless steel end plates for their internal quality control. The Master Template shall be kept by the Engineer. 4. Mark the Master Template and the Fabricator Template with "M" and "F" respectively using a bead weld. The weld shall be on the surface facing the outstanding leg. 304-1.13.3 Template Approval. The following procedures must be followed for approving templates. 1. In the presence of the Engineer, bolt each template in turn back — to — back to the Master Template. All four bolts shall be hand -tightened. 2. Field or Fabricator templates are approved if they meet all of the following: a. they are fabricated according to drawings, and b. the templates fit snug back — to — back with no gap between, and c. any gap observed by running a straightedge along the outstanding leg of one template as measured to the leg of the other template is no more than 1/16". SP 18 OF 18 Contractor shall maintain a log of the templates with the approval status of each. Contractor shall submit the log to Engineer for approval. Contractor shall keep the approved copy of the log on site for review.