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HomeMy WebLinkAboutC-8309-1 - Newport Beach Sand Replenishment MaitenanceAugust 14, 2019 GCI Construction, Inc. Attn: Terry D. Gillespie 1031 Calle Recodo, Suite D San Clemente, CA 92673 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-6443039 FAX newportbeachca.gov Subject: Newport Beach Sand Replenishment Maintenance C-8309-1 Dear Mr. Gillespie: On August 14, 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 August 15, 2018 Reference No. 2018000298575. The Surety for the contract is International Fidelity Insurance Company the bond number is 0608935. Enclosed is the Faithful Performance Bond. Sincerely, Leilani`I. Brown"�.Mik City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO.0608935 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,441.00 , being at the rate of $13.68/10.26 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GCI Construction, Inc. hereinafter designated as the "Principal," a contract for the mobilization; providing traffic control; distributing construction notices, preparing and implementing Best Management Practices (BMPs); loading sand from a stockpile site at the mouth of the Lower Santa Ana River (LSAR); transporting, unloading, placing and grading sand at beach locations on Balboa Island, China Cove, and near Balboa Pier. The volume of sand to be transported is approximately 25,000 cubic yards (CY) 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 INTERNATIONAL FIDELITY 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 Seven Hundred Fifty Three Thousand Four Hundred Seventy Five Dollars ($753,475.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount riot 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 GCI Construction, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 bben duly e7,201d by the Principal and Surety above named, on the 28th day of% FEBR 7 . 4 GCI Construction, Inc. Name of Contractor (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 2400 E. KATELLA AVE. STE 250 ANAHEIM, CA 92806 Address of Surety (714) 602-9170 Telephone APPROVED AS TO FORM: CITY ATTOR)MEY'S OFFICE Date:— By - Aaron C, Harp r `, City Attorney Signature/TltleTerry D. Gillespie -President AJuthorized Agent Signature MICHAEL D. STONG, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GCI Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )} ss. On MiY"l..t 20 before me, daMW(HL%,�CJ Notary Public, personally appeared _ `ieXfVj f,. C I I IeSt7t C'J who proved to me on the basis of satisfactory 6vidence to bete persor)(s) whose name(s) is/am-subscribed to the within instrument and acknowledged to me that he/stye/thby executed the same in his/her/their authorized capacity(ies), and that by his/(er/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. 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 names) 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) GCI Construction, Inc. Page B-3 J,4NLr GILLESPIE f Commission # 2049968 Notary Public - California n Orange County J My Comm. Expires Dee 21, 2017 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 names) 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) GCI Construction, 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 ) County of Riverside ) On �� 017 before me, __ R Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(ss) whose name(o is/aro subscribed to the within instrument and acknowledged to me that he/sKe/tttey executed the same in his/her/their authorized capacity(las), and that by his/her/their signature(o on the instrument the person(, or the entity upon behalf of which the person(a) 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. r ��R NAPPi� L WITNESS my hand and official seal. Z co". # 2152652 N C) NOTARY PUBLIC!CALIfORNIA z WARY R[MbluE COUNTY rf My Comm. Exp. June 7, 2020 Signature C` ' Signatu e Sf Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General I I Individual Ll Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1-1 Other: Signer Is Representing: _ Ka.^�Xs 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Tel(973)624-7200 'OWER OF:Al 1 ORNE INTERNATIONAL FIDELITY INSURANCE, COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER; 20TH FLOOR NEWARK, NEW JERSEY 07102.5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennnysylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MICHAEL D. $TONG, JEREMY PENDERGAST Riverside, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity andother writings obligatory in the nature thereof, which are or may be allowed; required or permitted by law, statute rule, regulation contractor otherwise, and the execution of such instmment(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL kIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. nd by lfyly BK,-Laws This Power of is executedand be revoked, pursuant to TY INSURANCE COMPANY IINTERNAT ONAL F DEL TY N URANCE COM PANY at a meeting dulyyaheld on the 20th d y o J ly 2T% resolution nd by the BoardofDirecttorsl of ALL �GHENY CASUALTY COMPANY at a meeting duly held on the 15th day of Aunusl. 2000: IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex D".,... ROBERT W. MINSTER Executive Vice President/Chief0 crating Officer (International. Fidelity Insurance o Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by. me duly sworn,. said he Is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seats affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set ml, hand affixed my Official Seal, •�Mu..ae„- at the City of Newark, New Jersey the day and year first above written. *G `aOTAq�.:FYas r•♦ A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 'I'".•.•"r'• CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Y J r 3 MARIA BRANCO, Assistant Secretary October 22, 2018 GCI Construction, Inc. Attn: Terry D. Gillespie 1031 Calle Recodo, Suite D San Clemente, CA 92673 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov Subject: Newport Beach Sand Replenishment Maintenance C-8309-1 Dear Mr. Gillespie: On August 14, 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 August 15, 2018, Reference No. 2018000298575. The Surety for the bond is International Fidelity Insurance Company and the bond number is 0608935. Enclosed is the Labor & Materials Payment Bond. Sincerely, y Leilani I. Brown, MMC City Clerk Enclosure EXECL ) IN DUPLICATE EXHIBIT A PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH BOND NO. 0608935 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GCI Construction, Inc. hereinafter designated as the "Principal," a contract for the mobilization; providing traffic control; distributing construction notices, preparing and implementing Best Management Practices (BMPs); loading sand from a stockpile site at the mouth of the Lower Santa Ana River (LSAR); transporting, unloading, placing and grading sand at beach locations on Balboa Island, China Cove, and near Balboa Pier. The volume of sand to be transported is approximately 25,000 cubic yards (CY), 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, INTERNATIONAL FIDELITY 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 Seven Hundred Fifty Three Thousand Four Hundred Seventy Five Dollars ($753,475.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. GCI Construction, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 named Principal and Surety, on the 28th day of FE GCI Construction, Inc. Name of Contractor (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 2400 E. KATELLA AVE. STE 250 ANAHEIM,.CA 92806 Address of Surety (714) 602-9170 Telephone APPROVED AS TO FORM: CITY AT;rORNE1r,S OFFICE Sib executed by the above tY 2017 Terry D. Gillespie -President MICHAEL D. STONG, ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GCI Construction, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ()i ALPIC _2 } ss. On M25 i , 20kn_before me, C16Yid C7iI� �1 Notary Public, personally appeared -'-r? V (f LO� C--yt I I e,S(D ie -- who proved to me on the basis of satisfactoryrevidence to be the personal whose names) is/are subscribed to the within instrument and acknowledged to me that he/sheAliey executed the same in his/ber/their authorized capacity(ies), and that by his/Jaer/their signatures(g) on the instrument the person(ej', or the entity upon behalf of which the personW 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. JANET GILLESPIE •''^^ Commission # 2049968 Notary Public - California i Orange County x• 7 My Comm. Expires Dec 21, 2017 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. (seal) 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) GCI Construction, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 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 Riverside ) On al a K1 C 7 before me, R. NaRpi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(b) is/.W subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(ifie), and that by his/Fnar/their signature(z) on the instrument the person(a), or the entity upon behalf of which the person(R) acted, executed the instrument. R NAPPI L COMM. N 2152652 G) NOTARY I'URUC•CAUFORNIA z RIVERSIDE COUNTY My Comm. Exp. June 7.2020 ' 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. Signatureik/5"Ae9g Signatur4of 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: Number of Pages: Document Date: Signers) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: o F .. .�.y.. :rF • y :rr yr Batch 3703249 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIII1IIII[11111111IIIIIIIIIIIII1111111 NO FEE .$ R 0 0 1 0 2 8 7 0 6 0$. 2018000298575 2:32 pm 08115/18 47 NC -5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GCI Construction, Inc., San Clemente, California, as Contractor, entered into a Contract on February 28, 2017. Said Contract set forth certain improvements, as follows: Newport Beach Sand Replenishment Maintenance - C-8309-1 Work on said Contract was completed, and was found to be acceptable on August 14. 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is International Fidelity 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 I✓, 'I/'r at Newport Beach, California. rim City Clerk https:Hgs.secure-recording.com/Batch/Confirmation/3703249 08/15/2018 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 GCI Construction, Inc., San Clemente, California, as Contractor, entered into a Contract on February 28, 2017. Said Contract set forth certain improvements, as follows: Newport Beach Sand Replenishment Maintenance - C-8309-1 Work on said Contract was completed, and was found to be acceptable on August 14, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is International Fidelity Insurance Company. BY f 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 ont/�'J/ �I r at Newport Beach, California. BY VW"6`L City Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 9th day of February, 2017, at which time such bids shall be opened and read for NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE Contract No. 8309-1 $ 500,000.00 Engineer's Estimate Approved by Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via The City of Newport Beach Public Works Department 100 Civic Center Drive, Newport Beach, CA 92660 There will be a Mandatory Pre -Bid Meeting on Monday. January 30, 2017 at 2:30 PM in the Crystal Cove Conference Room (Bay 2D) at 100 Civic Center Drive, Newport Beach, CA 92660 Contractor License Classification(s) required for this project: "A" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/onIine-services/bids-rfps- vendor-registration City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)...................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................22 ACKNOWLEDGEMENT OF ADDENDA.......................................................................24 INFORMATION REQUIRED OF BIDDER.....................................................................25 NOTICE TO SUCCESSFUL BIDDER...........................................................................28 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS TABLE OF CONTENTS.......................................................... u] SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 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. 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. As a balanced bid gives the City the best assurance that the bid will result in the lowest ultimate cost to the City, lump sum and unit bid items should reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. Each element of the bid must carry its proportionate share of the total 3 cost of the work plus profits. The City will evaluate bid items for reasonable conformance with the engineer's estimate and other bids received. Unbalanced bids will be deemed non- responsive. 8. 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. 9. In accordance with the California Labor Code (Sections 1770 at 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. 10. 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". 11. 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)]. 12. 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. 13. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 14. 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. 15. Bidders are required to attend a mandatory pre-bid meeting that will be held at the Crystal Cove Conference Room (Bay 2D) at 100 Civic Center Drive, Newport Beach on January 30, 2017 at 2:30 p.m. The bidder's company officer, proposed superintendent and/or construction manager are required to attend. FAILURE TO ATTEND THE PRE-BID MEETING WILL RESULT IN DISQUALIFICATION AND REJECTION OF THE BIDDER'S Q[D PROPOSAL. The signature below represents that the above has been #755356; Class "A" Contractor's License No. & Classification 4 Terry D. Gillespie - President #1000001150; Exp. 06/30/18 DIR Reference Number & Expiration Date GCI Construction, Inc. Bidder E.7 February 7, 2017 Date City of Newport Beach Contract No. 8309-1 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 THE AMOUNT BID Dollars ($10% of BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT, Contract No. 8309-1 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 6th day GCI CONSTRUCTION, INC. Name of Contractor (Principal) INTERNATIONAL FIDELITY INSURANCE Name of Surety 2400 E. KATELLA AVE. SUITE ANAHEIM, CA 92806 _COMPANY A tholrized Al6I Signature 250 JEEMY PENDERGAST ATTORNEY-IN-FACT Address of Surety Print Name and Title (714) 602-9170 Telephone (Notary acknowledgment of Principal & SuretV must be attached) 19 1�,* C A(A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of orange On — g —11 before me, Date personally appeared Terry Aamina Tohmeh - Notary Public Here Insert Name and Title of the Of ber Gillespie Name(s) of Signer(sy who proved to me on the basis of satisfactory evidence to be the person(a'J whose names) is/ace subscribed to the within instrument and acknowledged to me that he/4,he/they executed the same in his/herAbeir authorized capacityDesy,, and that by his/hef/ttleir signature(s) on the instrument the person(s); or the entity upon behalf of which the persoR(s) acted, executed the instrument. AAMNA TOHANiH, Notary Pubk • CalNornia `a 0" county ? Commission ! 2/84173 M Comm. 4 20 0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4,J Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other* Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On 2.101/ -7 before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared JEREMY PENDERGAST Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/axe subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ie6), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph R. NAPPI is true and correct. N COMM. #2152652 y WITNESS my hand and official seal. ��.:. NOTARY POBLIC•CAOFORNIA RIVERSIDE Exp COUNTY ^ //� . My Comm. Exp. June T, 2020 P /,(`/ // Signature Signaturqfof Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator r1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the Ilsting of all subcontractors who will perform work In an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number. / DIR Reference: Q� Email Address GCI Construction, Inc. Bidder Authorized Sn u re/`fitle Terry D. Gillespie -President Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under i of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Sylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MICHAEL D. STONG, JEREMY PENDERGAST Riverside, CA. to execute, seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity ire thereof, which are or may allowed, required or permitted by law, statute, rule, re ulation contract or otherwise, t(s m ursuance of these presents, shall be as binding upon the said INTERNATIONAL HDELITY INSURANCE AL COMPANY, as fully, and amply, to all intents and purposes, as if the same- had been duly executed and COMPANY and ALLEGHENY CASUALTY COMPANY anddis granted und�eyrr and by authority of the foollowingsresolution adoptedNbyLtheD Board IoffSDireotorsE oINTERNATIONAL INTERNUALTY TIO ANY FIDELITY INSURANCE N g duly CEd oo the COMPANY day of euros du20he d on the 20th day of July, 20t andbythe Board of Directors of ALLEGHENY 1't President, Vice President, or Secretary of the Corporation shall have. the power to appoint, and to revoke the appointments of, or agents with power and authorsty as defined or limited m their respective powers of attorney, and to execute on behalf of the Corporation orations seal. thereto, Donde, undertakings, recpgnizances, contracts of indemnittyy and other written obligations in the nature thereof or rid (2) an such Officers of the Corporation may appoint and revoke the appointmenfs ofjoint-control custodians, agents for acceptance of nays -in -fact with authority to execute waivers and consents on behalf of the Corporatioq and f3) thesignalur6 of any such Officer of the ie Corporation's seal may be affixed by facsimile to any power of attorney or eertfication given for the execution of any bond, undertaking, rtrect of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether Sfter, being hereby adopted by_ the Corporation as the original signature of suchofficer and the original seal of the Corporation, tobe valid upon IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice PresidentlChlefOperating Officer (international Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding Instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set ml, hand affixed my Official Seal, ,•,,,.„,",,,,_ at the City of Newark, New Jersey the day and year first above written. •'•.,• !'_•ica'� A NOTARY PUBLIC OF NEW JERSEY •., {r@`�r My Commission Expires Mar. 27, 2014 �''fn QF µtErfl �.a°' '"I ..... W . CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, ( have her3unto set my hand this 6 day of (�rtAUry MARIA BRANCO, Assistant Secretary ACKNOWLEDGMENT muse.... a •............................ a •...................... a ..•MR...•••.. State of California County of )as. On before me, personally appeared Notary Public, 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) •........................................................ I..................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 ACKNOWLEDGMENT •.............................................................................. State of California County of ) ss. On before me, personally appeared Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ....................von........................................................ OPTIONAL INFORMATION Date of Document Type or We of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _ President/ Vice -President/ Secretary/ Treasurer Other: Other Information: 8 Thumbprint of Signer Check here if no thumbprint or fingerprint Is available. City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name: Terry D. Gillespie - President Company Name: GCI Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. FAILURE OF THE BIDDER TO MEET THE NECESSARY MINIMUM TECHNICAL ABILITY AND EXPERIENCE AS DEFINED IN THESE DOCUMENTS MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past (3) years in excess of $100,000.00, provide the following information: No. 1 Project Name/Number 2015 Waterline Replacement - Contract No. 32014-12 Project Description Waterline Improvements in various locations Approximate Construction Dates: From Agency Name Contact Person June 2016 To: November 2016 Yorba Linda Water District Bryan Hong, PE Telephone ( 711 701-3105 Original Contract Amount $ 737,700 Final Contract Amount $ 766,726 If final amount is different from original, please explain (change orders, extra work, etc.) Change order work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Highland Light Ductile Iron Pipeline Replacements -Project No. 14403 Project Description Water Pipeline Improvements Approximate Construction Dates: From June 2016 To: October 2016 Agency Name Contact Person City of San Clemente Ken Knatz, PE Telephone (949) 361-6139 Original Contract Amount $748,980 Final Contract Amount $ 748,980 If final amount is different from original, please explain (change orders, extra work, etc.) NA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Irvine Unified School District Maintenance & Operations Modernization -Phase I Bid Package No. I - Site Urnmes Project Description Site Utilities Improvements at IUSD Approximate Construction Dates: From January 2016 To: September 2016 Agency Name Irvine Unified School District (owner)/Vanir Construction Management (PM) Contact Person Christa DeBour, PM Telephone (714) 850-1528 Original Contract Amount $ 1,468,057Final Contract Amount $ 1,544,504 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders, Extra Work, Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 4 Project Name/Number Knock Down/Import Bradley Landfill Project Description Grading and Import Materials at Bradley Landfill Approximate Construction Dates: From June 2016 To: August 2016 Agency Name Contact Person Waste Management Kevin Walker, PM Original Contract Amount $ 225,700 Final Contract Amount $ 225,700 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/Contractor7 if yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Water Main Replacement -Goldenrod Avenue at Coast Highway -Contract No. 7010-1 Project Description Water Main Improvements Approximate Construction Dates: From April 2016 To: June 2016 Agency Name of Newport Beach Contact Person Mike Sinacori, PE Telephone (949) 644-3311 Original Contract Amount $ 2577850 Final Contract Amount $ 273,170 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 13 No. 6 Project Name/Number Lincoln Basin Testing Pipeline Project Description Pipeline Improvements in Basin Approximate Construction Dates: From October 2015 Agency Name Orange County Water District To: November 2015 Contact Person Audrey Perry, PM Telephone ( 7141 378-8245 Original Contract Amount $ 121,246 Final Contract Amount $ 121,246 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 sufficiently comprehensive to permit an appraisal of conditions. GCI Construction, Inc. Bidder 14 and of er information :toy's current financial a TECHNICAL ABILITY AND EXPERIENCE REFERENCES - Questionnaire 1. Have you completed projects in the five years that combined total more than 50,000 linear feet of pipelines of larger than 8 -inches in diameter. x❑ Yes ❑ No 2. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes ❑x No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 3. In the last five years has your firm, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? ❑ Yes x❑ No If "yes," explain on a separate signed page. 4. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes x❑ No If "yes,"explain on a separate signed page. Identify the year of the event the owner, the project and the basis for the finding by the public agency. 5. In the past five years has any claim against your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes x❑ No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution) 15 6. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes x❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court In which the case was filed and a brief description of the status of the claim (pending, or If resolved, a brief description of the resolution). 7. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes K No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 8. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes M No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 9. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes Q No M If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). Terry D. Gillespie -President 17 Attach to this Bid the experience resume General Construction Superintendent or Contractor. Did you submit this as part of your bid? x❑ Yes ❑ No GCI Construction, Inc. Bidder of the person who will be designated as on-site Construction Manager for the IH SignatureFritle Terry D. Contractor shall attach a reviewed or audited financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Did you submit this as part of your bid? ❑x Yes ❑ No GCI Construction, Inc. Bidder Wel City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Orange Terry D. Gillespie being first duly sworn, deposes and says that he dr W is President of GCI Construction, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com pany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of C#rnia tha/the fore oing Is true and correct. le GCI Construction, Inc. ;L(iJ � Bidder Authorized Signature//A; Tide Terry. Me-s—piegresident Subscribed and sworn to (or affirmed) before me on this `3 day of C c%fdilr�l , 2017 by proved to me on the basis of satisfactory evidence to be the person(sj who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AAWNA TOWWK Notary Public Notary- PobNe . CIltornN [SEAL] Ora" Carat' i Canmbllon 12184173 ' My Commission Expires: 011117- O MY Cantu. Eitaim Soo 4.2020 --------------- 20 City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 DESIGNATION OF SURETIES Bidder's name GCI Construction, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Insurance: Compass Direct Insurance Services, Inc. - Bryan Seltzer (714) 665-9800 140 Centennial Way, Tustin CA 92780 Bonds: Stong Surety Mike Stong (951) 343-0382 4850 Arlington Avenue, Suite B, Riverside CA 92504 21 City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 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. 22 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts 7 24 28 14 12 17 102 Total dollar Amount of 1,096,781 4,330,000 5,299,405 4,370,618 3,962,818 2,732,056 21,791,678 Contracts (in 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 workday cases involving 0 0 0 0 0 0 0 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. 22 Legal Business Name of Bidder GCI Construction, Inc. Business Address: 1031 Calle Recodo, Suite D, San Clemente 92673 Business Tel. No.: 714-957-0233 State Contractor's License No. and Classification: #755356; Class "A" Title General Engineering 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. 1 / Signature of bidder Date Title Signature of bidder" Date Title Signature of bidder Date Title Signature of bidder Date Title Id 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 ATTACHEDt 23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 2- _ 11 before me, Aamina Tohmeh - Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie and Janet Gillespie Name(s)of Signer( who proved to me on the basis of satisfactory evidence to be the person@ whose name dare subscribed to the within instrument and acknowledged to me that Ile/she/they executed the same in his/her/their authorized capacity ies , and that by hisAaef/their signature@on the instrument the personEA or the entity upon behalf of which the persore acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph t III[K is true and correct. AAMNA Nofuy Publlo • cwordt WITNESS my hand and official seal. z•� Cry Co" Comm"ian /2f64113 M Comm Esmim go 1, 2020 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator r_1 Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Y.2 -d -d a4L 4\`�rTC �e!4(✓.4\ � - -✓h: _ C9 1 • 11#10"W-"4 •• • :11 • :11 •- City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name GCI construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: i Addendum No. Date Received __%;Signature', _ 1 February 6, 2017 G,6 ; Terry D.,Gillespie - President 24 Page: 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE CONTRACT NO 8309-9 DATE: February 6, 2017 BY: Vrw Deputy PW Directo&tity 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. Change "contractor license classification(s) reqired for this project:" from "A" to "A" and/or "C-12" SPECIAL PROVISIONS: 6-7.4 Working Hours Replace 1St paragraph with the following: "Normal working hours are limited to 8:30 a.m. to 4:30 p.m., Monday through Friday." 6.11 Construction Phasing Add the following: "To minimize construction impacts to Balboa Island the Contractor shall not perform or impact more than four street ends at one time and no more than two consecutive street ends." 7-15 CONTRACTOR'S LICENSES: Replace "the Contractor shall possess a License Classification "A' -General Engineering." with "the Contractor shall possess a License Classification "A" -General Engineering or "C -12" - Earthwork and Paving." Page: 2 of 3 The mandatory pre-bid meeting was held on January 30, 2017 at 2:30 p.m. in the Crystal Cove Conference Room. Per the contract documents, bids from primary contractors who did not attend this meeting will be considered non-responsive and will not be considered. The pre-bid meeting sign -in sheet is attached to this Addendum No. 1. The following questions were discussed at the meeting: Question No. 1: Will Contractor be allowed to completely close the sidewalks during construction? City Response: The Contractor will be permitted to close the sidewalks to pedestrian traffic during working hours only. The Contractor shall provide pedestrian detours for all working areas. All sidewalks shall be re -opened at the end of each working day. Question No. 2: What are the traffic control plan requirements? City Response: China Cove will require specific traffic control measures: • Truck route from Santa Ana River (SAR) to China Cove shall be Seashore Drive to Orange Street (right)to Coast Highway (south), to Bayside Drive (right) to Fearnleaf Avenue (right) to Seaview Avenue (right) to Carnation Avenue (left) to Ocean Avenue, staging here, to China Cove Ramp terminating at China Cove. • Truck route from China Cove to SAR shall be China Cove Ramp to Ocean Avenue to Carnation Avenue (right) to SeaviewAvenue (right) to Marguerite Avenue (left) to Coast Highway to Orange Street (left) to Seashore Drive (right) terminating at SAR. • Flagman shall be required at the top and bottom of the China Cove Ramp to coordinate trucks and residential traffic. • During staging all truck must tum off engines. Question No. 3: Can contractor stage trucks along Seashore Drive? City Response: Trucks will be able to stage/park along west bound last parking lot (Grant Street lot) to Summit Street, approximately 700 feet. Trucks will not be permitted to stage outside of normal working hours. Question No. 4: How will the contractor access SAR stock pile area off Seashore Drive and Summit Street? City Response: The contractor shall back down from the Seashore Drive Cul -De -Sac at Summit Street approximately 450 feet to stockpile/loading area. The County contractor will screen and supply all the sand. The SAR contractor will maintain a 16 -foot -wide the access road. Question No. 5: Where can tools, equipment, materials, etc. be staged at each site? City Response: Per contract Special Provisions Section 7-10.2, Contractor shall be responsible to obtain an area for the storage of equipment and materials. Question No. 6: Where can tools, equipment, materials, etc. be staged at each site? City Response: Per contract Special Provisions Section 7-10.2, Contractor shall be responsible to obtain an area for the storage of equipment and materials. Street ends on Balboa Island may be used when sand is being placed at the particular street end. Page: 3 of 3 Question No. 7: Do trucks need to be tarped when loaded and transporting sand? City Response: Yes. Question No. 8: Will contractor be responsible for protecting utilities? City Response: Per contract Special Provisions bid item #1 Mobilization/Demobilization "locating and protecting existing utilities". Question No. 12: Will contractor need to hire an eelgrass monitor? City Response: No, but contractor will need to maintain a 15 -foot buffer from eelgrass at all times. Question No. 13: How is the sand to be placed and graded on Balboa Island? City Response: Generally, it will be placed overthe bulkhead, approximately 6 to 12 inches below the top of the bulkhead. The sand will extend out from the bulkhead approximately 20 -feet to match the existing beach slope. Question No. 14: Will contractor need be permitted to leave equipment on the beach at the end of the day? City Response: No — Equipment shall NOT remain on the beaches at the end of the work day. 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. GCI Construction, Inc. Bidder's Name (Please Print) February 6, 201/7 Date Authorized Signature & Title Terry D. Gillespie - President iAuows�pbwksharedeon1n%ctsVy16-17 cwrent pmjeclsA00 - pmks harbors and beachWbeach and bay sand managemcnl c-0309-1 VhObladdendum -no 1.doa City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 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: GCI Construction, Inc. Business Address: 1031 Calle Recodo, Suite D, San Clemente CA 92673 Telephone and Fax Number: 714-957-0233; fax 714-540-1148 California State Contractor's License No. and Class: #755356; Class "A" (REQUIRED AT TIME OF AWARD) Original Date Issued: 10/1998 Expiration Date: 10-31-2018 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: Terry Gillespie - President 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 Terry D. Gillespie President 1031 Calle Recodo, Suite D, San Clemente 92673 714-957-0233 Charles L. Gillespie Vice President " Janet Gillespie Secretary " Corporation organized under the laws of the State of California 25 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: GCI Construction, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: None Provide the names, addresses and telephone numbers of the parties; NA Briefly summarize the parties' claims and defenses; NA Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /11\1o) we Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) NA Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Terry D. Gillespie -,President ' (Print name of'Ownerr.or President of Corporat(on/Company) GCI Construction, Inc. � — -- Bidder Authorized Sigriature/TitleTerry D. Gillespie - President Tifle February 7, 2017 Date On 2 -0 - 1 before me, A a% my To hm{ k Notary Public, personally appeared Teli^t 0. (;, I I cs pi c who proved to me on the basis of satisfactory evidence to be the person(o whose name() Is/qre subscribed to the within instrument and acknowledged to me that he/syie/ttaey executed the same in his/herAoir authorized capacity("), and that by his/hdr/thair signatures) on the instrument the person(s), or the entity upon behalf of which the person($) 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. A -✓Z L1 Notary Public in and for said State My Commission Expires: 6k -4 --Lo 27 (SEAL) .113b�AAMINA TONMEN. Notary Public • CdOorrlb Onrp G" ComMesion s 2164173 M Comm. Elgres St 4, 2020 Organizational Information: Gc 'ieral Engineering Contractor Lic. No. 755356 The team with a combined background of management, leadership, operational, and fiscal experience has perpetuated the success of GCI Construction for over 34 years. Our key personnel are: Terry Gillespie, President; Chuck Gillespie, Vice President; Richard Tirrell, Estimater/Project Management and Janet Gillespie, Corporate Secretary/Project Manager Assistant/Contract Administrator. Terry Gillespie as President is active in day -today field operations, business development, and project management as well as estimating. Terry has a professional relationship with over 30 years' experience with the City of Newport Beach and will be the liaison for current and future work with the city. Richard Tirrell retired Vice President shares duties in the day-to-day field operations, estimating as well as equipment procurement/maintenance and is the Safety Officer for the company. Both Terry and Richard take an active role in focusing on schedule adherence, cost and quality control in the field operations. Chuck Gillespie as Vice President current also shares and is active in day-to-day field operations, business development, and project management as well as estimating. Chuck has over 25 years of experience in the industry. Janet Gillespie as Corporate Secretary/Project Manager Assistant/Contract Administration is responsible for bid submission, contracts, insurance, submittal process, ordering of materials, subcontracts, coordinating scheduling with the subcontractors and suppliers, and any day to day operations assisting on all projects for over 18 years with the company. The team has the competency and experience to do each other's job necessary in developing, supervising, and completing on time quality and professional work in the specific field of general engineering. GCI is a prime contractor and will subcontract to specialty licensed contractors as needed for any special work required outside of our expertise. Some of the specialties include; electrical, hazmat abatement, larger paving requirements, masonry etc. 1031 Calle Recodo Ste. D, San Clemente CA 92673 (714) 957-0233 FAX (714) 540-1148 CONSTRUCTION,INC. Organizational Information: General Engineering Contractor Lic. No. 755356 The team with a combined background of management, leadership, operational, and fiscal experience has perpetuated the success of GCI Construction for over 34 years. Our key personnel are: Terry Gillespie, President; Chuck Gillespie, Vice President; Richard Tirrell, Estimater/Project Management and Janet Gillespie, Corporate Secretary/Project Manager Assistant/Contract Administrator. Terry Gillespie as President is active in day-to-day field operations, business development, and project management as well as estimating. Terry has a professional relationship with over 30 years' experience with the City of Newport Beach and will be the liaison for current and future work with the city. Richard Tirrell retired Vice President shares duties in the day-to-day field operations, estimating as well as equipment procurement/maintenance and is the Safety Officer for the company. Both Terry and Richard take an active role in focusing on schedule adherence, cost and quality control in the field operations. Chuck Gillespie as Vice President current also shares and is active in day-to-day field operations, business development, and project management as well as estimating. Chuck has over 25 years of experience in the industry. Janet Russell as Corporate Secretary/Project Manager Assistant/Contract Administration is responsible for bid submission, contracts, insurance, submittal process, ordering of materials, subcontracts, coordinating scheduling with the subcontractors and suppliers, and any day to day operations assisting on all projects for over 17 years with the company. The team has the competency and experience to do each others job necessary in developing, supervising, and completing on time quality and professional work in the specific field of general engineering. GCI is a prime contractor and will subcontract to specialty licensed contractors as needed for any special work required outside of our expertise. Some of the specialties include; electrical, hazmat abatement, larger paving requirements, masonry etc. 1031 CALLE RECODO, STE. D, SAN CLEMENTE, CALIFORNIA 92673 (714) 957-0233 FAX (714) 540-1148 GCI CONSTRUCTION, INC. FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION December 31, 2015 and 2014 1 !1 1LL( oo Col V 11 1 11 V 1 Ce rifW Public Accaummnss, Inc. �,/ TAX, FINANCIAL AND MANAGEMENT CONSULTING SERVICES Independent Accountant's Review Report To the Board of Directors GCI Construction, Inc. San Clemente, California We have reviewed the accompanying financial statements of GCI Construction, Inc., which comprise the balance sheets as of December 31, 2015 and 2014, and the related statements of income and retained earnings, and cash flows for the years then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibilityfor the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountant is Responsibility Our responsibility is to conduct rite review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to pe•fomm procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion, Accountant's Conckrslon Based on our review, we are not aware of any material modifications that should be made Lo the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Other Matter The supplementary information appearing on pages 14 through 17 is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the information and, based on our review, we are not aware of any material modifications that should be made to the information in order for it to be in accordance with accounting principles generally accepted in the United States of America. We have not audited the information and, accordingly, do not express an opinion on such information. J(a-a e 60-1'� Irvine, California February 24, 2016 LI I PACraCA, 51ATe 320 IRVINE, CA 92618 (949) 910 -HALL (4255) 1LrLVCOMPAvTCerefted Public Acroummnu, Inc. FA(949) 910.4256 TAX, FINANCIAL AND MANAGEMENT CONSULTING SERVICES H V-HAULAS.COM Independent Accountant's Review Report To the Board of Directors GCI Construction, Inc. San Clemente, California We have reviewed the accompanying financial statements of GCI Construction, Inc., which comprise the balance sheets as of December 31, 2015 and 2014, and the related statements of income and retained earnings, and cash flows for the years then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Management's Responsibilityfor the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountant is Responsibility Our responsibility is to conduct rite review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to pe•fomm procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion, Accountant's Conckrslon Based on our review, we are not aware of any material modifications that should be made Lo the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Other Matter The supplementary information appearing on pages 14 through 17 is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the information and, based on our review, we are not aware of any material modifications that should be made to the information in order for it to be in accordance with accounting principles generally accepted in the United States of America. We have not audited the information and, accordingly, do not express an opinion on such information. J(a-a e 60-1'� Irvine, California February 24, 2016 GCI CONSTRUCTION, INC. BALANCE SHEETS December 31, ASSETS CURRENT ASSETS: Cash Contract and retention receivables Prepaid expenses Deposits Costs and estimated earnings in excess of billings on uncompleted contracts TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT: Office equipment Field equipment Vehicles Less: accumulated depreciation 2015 2014 $ 289,944 $ 120,606 823,078 1,112,737 11,548 15,536 1,900 1,900 81,045 243,794 1,207,515 1,494,573 55,237 55,237 886,219 880,249 375,913 313,137 1,317,369 1,248,623 (1,171,737) (1,146,631) TOTAL PROPERTY AND EQUIPMENT 145,632 101,992 $ 1,353,147 $ 1,596,565 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES: Accounts and retention payables Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses Accrued payroll Deferred tax liabilities Current portion of deferred compensation Note payable - current portion TOTAL CURRENT LIABILITIES LONG TERM LIABILITIES: Note payable Deferred compensation TOTAL LONG TERM LIABILITIES COMMITMENTS STOCKHOLDERS' EQUITY: Common stock, $1 par value; 2,000,000 shares authorized and 3,000 shares issued and outstanding Additional paid -in capital Retained earnings (accumulated deficit) TOTAL STOCKHOLDERS' EQUITY 2015 2014 $ 164,121 $ 515,888 263,229 134,302 1,100 45,918 3,864 - 4,700 9,006 41,377 - 8,574 6,519 486,965 711,627 3,013 14,493 92,106 170,220 95,119 3,000 752,558 15,505 184,713 3,000 752,558 (55,333) 771,063 700,225 S 1,353,147 $ 1,596,565 See accompanying notes to financial statements and independent accountants' review report. 2- GCI CONSTRUCTION, INC. STATEMENTS OF INCOME AND RETAINED EARNINGS For The Years Ended December 31, OTHER INCOME (EXPENSE) Interest expense (13,291) (426) Interest income 9 1,753 Other expense - (2,090) Gain on disposal of property and equipment 20,849 3,085 TOTAL OTHER INCOME 7,567 2,322 INCOME BEFORE PROVISION FOR INCOME TAX 312,577 312,577 PROVISION FOR INCOME TAXES 1,362 2,479 NET INCOME 291,600 310,098 BEGINNING RETAINED EARNINGS (55,333) (249,391) DISTRIBUTIONS TO STOCKHOLDERS (220,762) (116,040) ENDING RETAINED EARNINGS (ACCUMULATED DEFICIT) $ 15,505 $ (55,333) See accompanying notes to financial statements and independent accountants' review report. - 3 - 2015 2014 Revenues From Cost of Gross Gross Construction Construction Profit Profit INCOME FROM CONSTRUCTION CONTRACTS: Completed contracts $ , 2,552,627 $ 2,197,937 $ 354,690 $ 678,060 Contracts in progress 5,056,657 4,265,874 790,783 340,897 7,609,284 6,463,811 1,145,473 1,018,957 Less earned in prior year 2,083,069 1,742,172 340,897 25,139 Total $ 5,526,215 $ 4,721,639 804,576 993,818 GENERAL AND ADMINISTRATIVE EXPENSES 519,181 683,563 INCOME FROM OPERATIONS 285,395 310,255 OTHER INCOME (EXPENSE) Interest expense (13,291) (426) Interest income 9 1,753 Other expense - (2,090) Gain on disposal of property and equipment 20,849 3,085 TOTAL OTHER INCOME 7,567 2,322 INCOME BEFORE PROVISION FOR INCOME TAX 312,577 312,577 PROVISION FOR INCOME TAXES 1,362 2,479 NET INCOME 291,600 310,098 BEGINNING RETAINED EARNINGS (55,333) (249,391) DISTRIBUTIONS TO STOCKHOLDERS (220,762) (116,040) ENDING RETAINED EARNINGS (ACCUMULATED DEFICIT) $ 15,505 $ (55,333) See accompanying notes to financial statements and independent accountants' review report. - 3 - SUPPLEMENTARY INFORMATION GCI CONSTRUCTION, INC. SCHEDULEI COMPLETED CONTRACTS For The Year Ended December 31, 2015 TOTALCONTRACT REVENUES COST OF GROSS JOBS DESCRIPTION EARNED REVENUES PIiOFIT(LOSS) 428 La Paz Moulton Sys Reconfig $ 477.878 S 489,792 S (11,914) 434 Shadow Rock Detention Basin 284,316 217,817 66.499 435 Clearing Gas Plant Bradley 66.516 51?50 15,266 437 Znzito Formosa Storni Driin 195,596 172,963 22.633 438 OC Grout Park Interim Infirastructure $21,378 427.699 93,689 439 Emergency Scwer For" Main Repair 68,400 43.908 24,492 440 Polhole Marguerite Pkwy 15.200 10.859 4,341 441 Bcar Creek Stonn Drain Repair 58,514 31.642 26.872 442 Industry Hills Building Repair 27,591 18,834 8,757 444 Valve & Hydrant Replacement Phase II 162.164 180.158 (18,194) 445 CSUN Gas Line Student Housing 29.900 28,564 1,136 446 Canino Shores Stonn Drain Repair 33,385 24,505 8,880 447 SCADA Radio Tower Installation 22,328 18,514 3,914 448 Emergence T' PVC Pip)ine Repair 64.302 48,194 16.108 449 E. Ave. Magdelena Water Line 236,522 188,818 47,704 450 Irvine High School Classroom 106.157 88,288 17,869 451 Irrigation of Parks -Water Truck 25,389 20,045 5,344 452 Sunset Ridge Park Earthen Channel 24.060 13.864 10.196 453 Coast Hwy Stonn Drain Replacement 47.806 40,068 7.738 454 Lincoln Basin Testing Pipeline 24,500 14,134 10,366 458 Bear Creek Storrs Drain Repair 11,624 8,260 3,364 459 Springdale/Iroquois Catch Basins 3700 31,076 5,924 T & M Jobs, revenue and costs for c)nsed jobs 12.101 28,495 (16,394) S 2,552,627 5 2,)97,937 S 354,69D See independent accountants'review report. - 14 - DURING THE YEAR ENDED BEFORE JANUARY 1,200 DECEMBER 31. 2015 REVENUES COST OF GROSS REVENUES COST OF GROSS EARNED REVENUES PROFIT(LOSS) EARNED REVENUES PROFIT(LOSS) S 315,991 S 392,517 S (16.526) $ 101.R87 S 97,275 S 4412 19,450 16,605 1,845 265,866 201.212 64,654 - - 66,516 51?50 I5?66 119.134 107.460 10,874 77.262 65.503 11,759 8,129 7,315 813 513,250 420,374 92,876 - - 68.406 43.908 24,992 ' - 15.200 10,859 4,141 ' - 58.514 31,642 26,872 - - 27,591 18,834 8,757 ' - 162,164 180.159 (18,194) - - 29,900 28,564 1,336 ' - 33,385 24.505 8.880 - 22,328 IM14 3.814 ' - 64.302 48,194 16.109 - - - 236,522 188,818 47,704 - 106,157 88,288 17,869 ' 25.199 20,045 5,344 ' - 24,060 13,864 10,196 ` - 47,906 40,068 7.738 - - 24.500 14,134 10.366 - 11,624 8.260 3,364 - - - 37,000 31,076 5.924 - - 12,101 28,495 (76,394) S 520.903 S 523,897 S (2.9941 S 2,031,724 $ 1,674,040 S 357,694 See independent accountants'review report. - 14 - See independent accountants' review report. -IS- FOR THE YEAR ENDED FROM INCEPTION TO DECEMBER 31,2015 AT DECEMBER 31 2015 DECEMBER 31, 2015 BILLINGS COSTS AND IN ESTIMATED EXCESSOP EARNINGS REVENUES COSTS AND IN EXCESS REVENUES COSTS GROSS BILLED ESTIMATED OF REVENUES COSTS GROSS EARNED INCURRED PROFIT TO DATE EARNINGS BILLINGS EARNED INCURRED PROFIT S 3 ?13,745 S 2,570.927 S 642,818 S .1:149,650 S. 35,905 S - 5 1.745,082 S 1,436,793 S 308.289 340.976 272.781 65.195 413,508 72.532 - 252,264 192,952 59312 174,766 129,526 45,240 193.155 18389 - 169,975 125,214 44,761 995.970 994.560 1.410 916.439 - 79,531 995,970 994.560 IAW 253_546 228,191 25.355 357.559 104,013 - 253,546 228,191 25,355 1,514 1,363 151 - - 1.514 1.514 1,363 151 76,140 68.526 7.614 108,530 32,390 - 76,140 68,526 7,614 S 5,036,657 S 4.265,874 S 790,783 S 5.238,841 S 263,229 S 81.045 S 3,494 491 S 3.047,599 S 446,892 See independent accountants' review report. -IS- See independent accountants' review report. - 15 - FOR THE YEAR ENDED FROM INCEPTION TO DECEMBER 31,20 15 AT DECEMBER 31. 2015 DECEMBER X201.1 BILLINGS COSTS AND IN ESTIMATED EXCESS OF EARNINGS REVENUES COSTS AND IN EXCESS REVENUES COSTS GROSS BILLED ESTIMATED OF REVENUES COSTS GROSS EARNED INCURRED PROFIT TO Dj,TE EARNINGS BILLINGS EARNED INCURRED PROFIT S 3,213,745 S 2,570,927 S 642,818 S 149,650 S 35,905 S S 1,745,082 5 1,436,793 S 308.289 340,976 272,781 68,195 413,508 72.532 252,264 192,952 59,312 174,766 129,526 45,240 193,155 18,399 169,975 125,214 44,761 995,970 994,560 1,410 916,439 79,531 995,970 994,560 1,410 253,546 228,191 25,355 357,559 104,013 - 253,546 228,191 25,355 1,514 1,363 151 - - 1,514 1,514 1,363 151 76,140 68.526 7,614 103,530 32,390 - 76,140 68,526 7,614 s 5,056,657 S 4.265,874 S 790,783 S 5,238,841 S 263,229 S 81.045 S 3,494,491 S 3.047,599 S 446,892 See independent accountants' review report. - 15 - GCI CONSTRUCTION, INC. SCHEDULE III SCHEDULE OF CONTRACT COSTS For The Yeas Ended December 31, 2015 2014 Labor and burden $ 2,135,900 $ 1,955,465 Materials 779,898 1,125,918 Subcontractors 749,326 1,189,466 Equipment 823,370 718,297 Depreciation 55,764 65,350 Other costs 177,381 74,667 $ 4,721,639 $ 5,129,163 See independent accountants' review report. - 16 - GCI CONSTRUCTION, INC. SCHEDULE IV GENERAL AND ADMINISTRATIVE EXPENSES For The Years Ended December 31, See independent accountants' review report. - l7 - 2015 2014 Salaries and benefits $ 204,523 $ 289,277 Outside consulting 98,621 153,001 Legal and accounting 21,521 31,050 Insurance 7,927 10,010 Vehicle expense 7,803 5,891 Travel and promotion 4,278 2,418 Rent 33,072 33,552 Office expenses 11,786 17,014 Telephone and utilities 17,952 23,593 Depreciation 3,365 3,698 Pension and profit sharing 57,000 67,000 Yard and maintenance expenses 15,481 20,130 Dues and subscriptions 9,640 12,718 Taxes and licenses 7,560 6,842 Miscellaneous 18,652 7,369 $ 519,181 $ 683,563 See independent accountants' review report. - l7 - GCI CONSTRUCTION, INC. REFERENCES FOR COMPLETED PROJECTS LIST Customer Contact Information Job #/Description Contract And. Completion Date YORBA LIND WATER DISTRI T Job No. 464 $766,726 Nov 2016 Bryan Hong. P.E. 2015 waterline Replacement 1717 E. Mireloma Avenue Contract No. .12D14-12 Placentia, CA 92870 Location: ph 714) 701-3105 Short Street, Lemon Drive, fax 714 777-8304 Meadowview Drive, Yorba Linda CITY OF SAN CLEMENTE Job No. 473 $ 748,980.00 Oct. 2016 Ken Knatr, P.E. Highland Light Ductile Iran Pipeline 910 Calle Ne oclo Replacements - Project No. 14403 San Clemente. CA 92673 Location: ph 949 361-6139 Via Turqueza& Avenida Ys is Hermosa, fax 949 361-6316 Me FaMan & Via Teca, San Clemente IRVINE UNIFIED SCHOOL DISTRICT Job No. 455 $ 1,544,504,00 Sept. 2016 Construction & Facilities Irvine Unified School District 100 Ni htrnlst Maintenance & Operations Moderninfion Irvine, CA 92618 Phase 1 - Bid Package No. 1 - She Uillities Construction Mana er Location: Vanir Construct on Management 100 Ni htmist Christa DeBour, P.M. Irvine, CA 92618 3200 Park Center Drive, Suite 320 Costa Mesa, CA 92626 h 714 850-7528 - CALIFORNIA POLYTECHNIC UNIVERSITY POMONA Job No. 474 $ 884,605.00 Sept. 2016 Brun Bevans I Aministrative Replacement Project 3801 West Temple Avene Cal Poly Pomona Pomona, CA 91768 I Project #02141 Construction Manalier Location: C. W. Driver Cal Poly Pomona Jeff Marshall, P.M. 1 3801 West Temple Avenue 468 North Rosemead Blvd. Pomona Psasdena, CA 91107 ph(949)244-0826 WASTE MANAGEMENT Job No. 436 S 225,700.00 Aug. 2016 Kevin Walker I Knock DowNlmprot Bradley Landfill 9081 Tujunga Avenue Location: Sun Valley, CA 91352 Bradley Landfill ph (818) 968-0866 1 9081 Tujunga Avenue email: KWalker7 .com Sun Valley ITY OFNEWPORT BEACH Job No.466 $ 273,170.00 June 2016 100 Civic Center Drive Water Main Replacement Newport Beach, CA 92660 Goldenrod Avenue at Mike Sinacori lCoast Highway ph(S49) 6443311 Newport Beach ORANGE COUNTY WATER DISTRICT Job No. 454 $ 121,246.00 Nov. 2015 Audrey Perry, PM Lincoln Basin Testing Pipeline 18700 Ward Street Fountain Valley, CA 92708 Location: ph 714) 3783245 I Lincoln Avenue & Batavia Street fax (714) 3783373 1 Anaheim TRABUCO CANYON WATER DISTRI T Jab No. 463 $ 58,812.00 Apdl2016 Lome Lausten, P.E. I Reclaimed Line Conversion 32003 Dove Canyon Drive On -Site (Nursery) Trabuco Canyon, CA 92679 Location: 949 858-0277, ext. 130 Trabucc Canyon Rd. and fax(949)85&3025 Alta Vista Ranch, RSM CITY OF NEWPORTBEACH Job No. 469 $ 72,812.00 Aril 2016 10D Civic Center Drive Balboa Avenue Water Main Newport Beach, CA 92660 Replacement Mike Sinacori Location: Balboa Ave. & PCH h 848) 844-3317 Newport Beach TRABUCO CANYON WATER ISTRICT Job No. 462 $ 29,234.00 March 2016 Lame Lausten, P.E. Reclaimed Line Conversion 32003 Dove Canyon Drive OB -Site Trabuco Canyon. CA 92679 Location: (949) 858-0277, ext. 130 Trabuco Canyon Rd. and fax (949)858-3025 Alta Vista Ranch, RSM CITU OF SAN CL M NT Job No. 470 S 25.759.00 March 2016 Greg Deis4 P.E. Emergency Repair of 16' RW 910 Calle Negoclo I Pipe - ProW No. 24401 San Clemente, CA 92673 Location: Vista Hemwsa h 949) 361-6154 San Clemente fez 848)361-8316 EMERALD BAY ER ICE DIST T Job No. 460 $ 59,215.00 Feb 2016 Michael Dunbar, P.E. Emerald Bay Stoma Drain at #68 600 Emeraltl Bay Emerald Ba Beach Sewer Laguna Beach, LA I Lift Station) ph(949)494-8572 1 Location: Engineer: Rob Homers 8 Associates 68 Emerald Bay, Laguna Beach Rob Hamers 234 E. 17th Street, Suite 205 Costa Mesa, CA 92627 ph 949 548-1192 fax 948 548-6516 EMERALD BAY SERVICES DISTRICT Job No. 457 - $ 153.706.00 Feb 2016 Michael Dunbar, P.E. Storm Drain Improvement at 600 Emerald Bay 91054113 Emerald Say I Laguna Beach, CA ph (949) 494-8572 Location: Engineer: Rob Hamers 8 Associates 0105 to #113 Emerald Say Drive Rob Hamers i Emerald Ba 234 E. 17th Street, Suite 205 Laguna Beach Costa Mesa, CA 92627 Ph(949)W-1192 fax 949 548-6516 CITY OF CYPRESS I Job No. 456 $ 1011865.00 Jan 2016 Dario Simons s, P.E. I Storm Drain Improvement 5275 Orange Avenue Project No. 115 Cypress. CA 90630 1 Location: ph (714) 229.6694 5700 Orange Avenue, Cypress fax 714 229-0154 CITY F WESTMINSTER Job No. 459 $ 37,000.00 Dec 2015 Tuan Pham, P.E. Springdale f Iroquois Catch Basinu 8200 Westminster Blvd. Location: Westminster, CA 92683 Springdale St. B Iroquois h 714) 548-3456 Westminster fax (714 895-4499 CITY OF ONTARIOJob No. 443 $ 959,088.00 October 201 Dennis Mejia, P.E. Sewer Main Improvements 1425 Soum Bon View Avenue Riverside Ave., Plaza Serena, Ontario. CA 91761 Bon View Ave., University of h 909395-2609 La Veme fax 909.395-2608 Contract No. UT 1314-06 IRVINE UNIFlED S O DISTRICT Job No. 450 $ 108,252.00 November2015 Construction 8 Facilities Irvine High School Classroom 100 Nghtmist Addltlor�-Sanitavy Sewer Service Irvine, CA 92618 Project #BOON -3-14-861 nslrucUon Mans er Location: Bernard's Irvine High School Brooke Duncan, P.M.1 4321 Walnut Avenue 4321 Walnut Avenue I Irvine, CA 92604 Irvine, CA 92604 CITY OF SAN CLEMENTE I iJob No. 449 1 $236,522 August 2D15 Ken Knam P.E. East Avenida Magdalena 910 Calle Ne ocio Water Line Upsize-Pro ect No. 15403 San Clemente, CA 92673 Location: ph (949) 3616139 East Avenida Magdalena fax B49 367-8376 & Ardella Lane, San Clemente LAGUNA BEACH CO. WATER DISTRICT Job No. 448 $64,302 June 2015 Dave Rusk, P.E. Emergency 2 -Inch PVC Pipeline Repair 306 Third Street i Rounsevel Terrace Laguna Beach, CA 92652 Location: ph 949-0941041 Rounsavel Terrace fax 949497-1021 Laguna Beach LAGUNABEACH CO. WATER DISTRICT Job No. 444 $162,164 Ma 2015 Dave Rusk, P.E. 2014-2015 Valve & Fire Hydrant 306 Third Street Replacement Project -Phase II Laguna Beach, CA 92652 Location: h 9494941041 1 5 Locations, City of Laguna Beach fax 949497-1021 TRABUCO CANYON WATER DIST ICT Job No. 434 $284,316 'I 2015 Lome Lausten, P.E. IShadow Rock Detention Basin Urban 32003 Dove Canyon Drive iWater Recovery Prolect Trabuco Canyon, CA 92679 IPump Station - Project No. 6147 949 858-0277, Md. 130 Location: fax (949) 8683025 Shadow Rock Detention Basin 20607 1/2 Shadow Rock Lane, Trabuco Can an CITY OF IRVIN Job No. 438 $521.378 March 2015 Kirk Streets, Sen. P.M. Orange County Great Park One Civic Center Peze Interim Infrastructure Irvine, CA 92623 1 Capital Improvement Proect -CIP No. 371406 949 7247554 Location: listreetsifircurvift.cisu Orenge my Great Park Barmance Pill & Technology Drive, Irvine MOULTON NIGUEL I VATER DISTRICT Job No. 428 $457,878 January 20151 Ray McDowell, P.E. La Paz / Moulton PW System 26161 Gordon Road Reconfiguration - CIP Pm). No. 2012.034 Lagum Hills, CA Location: h 949 4253527 La Paz Road, Mouton Parkway. fax 949 643-2489 & various IocaBons, Laguna Hills I OF ANAPOINT Job No. 437 $195,596 January 207 Robert French, PE I Zarzitc Formosa Storm Drain 33282 Golden Lantern EmergencyRepair Dana Point, CA 92629 Location: h 949 337-0520 Zarzito St. B Formosa Dr. Dana Point CITY OF TUSTIN Job No. 425 $850,373 December 2014 Edo Johnson, P.E. Williams Street Storm Drain 300 Centennial Way Pro'. CIP No. 50037 Tustin, CA 92780 Location: ph (714) 5733320 Williams Street, Tustin fax 774 734$997 ORANGE COUNTY WATER DISTRICT Job No. 431 $ 99,218.00 December 2014 Audrey Perry, PM Santiago Pipeline Access Project 18700 Ward Street Contract No. SC-2014-1 Fountain Valley, CA 92708 Location: ph (714)378-8245 CollinsStreet at Tustin Avenue fax 714)378-3373 Orange COSTA MESASAITARY DISTRICT Job No. 439 $ 68,400.00December2014 Rob Hamers, P.M. I Emergency Sewer Force Main Repair 628 W. 19thStreet I President Place, Costa Mesa Costa Mesa, CA 92627 ph 949)831-1731 fax 948 548-6516 SADDLEBACK COLLEGE Jab No. 433 $ 96,555.00 November 2014 Louis Sessler, Prot. Mgr. Emergency Waterline Repair 28000 Marguerite Pakway Saddleback College Mission Vie o, CA 92692 ph (949) 582-4947 MO LT N NIGUEL WATER DISTRICT I Job No. 428 $63,000 September 2014 Ray McDowell, P.E. I Via Lomas PipelineSlope Repair 26161 Gordon Road Contract No. 13-14.037 Laguna Hills, CA Location: ph 949 425-3527 1 Via Lomas, Laguna Hills fax 949 843-2489 COUAIdESASAITAR ISTRIC Job No. 407 $602.972 Se [ember 2(114 Rob Hamm, P.M. Installation of Backup Power 8 628 W. 19th Street Backup Pumping Capacity Costa Masa, CA 92627 Pr 'ect No. 196-A h 849 631-1731 1 Location: fax 948 5485516 Victoria, Mendoza and Mesa Drive Costa Masa CIIX QE LAGUNA NIGUEL Job No. 421 $298,971 Au st 2014 Nick Renn, P.E. I Crown Valley Park Water 8 Sewer 30111 Crown Valley Parkway Improvements Laguna Niguel CA 92677 Cash Contract No. 14-05 ph 949-3624337 1 Location: fax 949-3624385 1 Craven Valley Community Pam 29751 Crown Vall Povy, Laguna Niguel I CITY OF NEWPORT BEACH Job No. 426 $ 19.650.00 hugust2014 100 Civic Center Drive IrriatIon Services, Meters 8 Newport Beach, CA 92660 Backliow- Dover Drive Mike Sinacori Newport Beach ph(949)644-3311 LAGUNA BEACH CO. WATER DISTRICT Job No. 423 $111.694 July 2014 Dave Rusk, P.E. Emerald Bay Waterline 306 Third Street I Replacement-1425 rilkenny Road Laguna Beach, CA 92652 Location- ph 949494-1041 1425 Kilkenn Road Laguna Beach fax 949-497-1021 COSTA MESA SAI ARV DISTRICT IJob No. 424 $90.652 July 2014 Rob Hamers, P.M. Force Main Replacement at 628 W. 19th Street 1 Mendoza Pump Station Costa Mesa, CA 92627 Project No. 200-A ph 949 631-1731 Location: fax 949 648-6516 Mendoza Drive, Costa Masa CITY OF NEWPORT BEACH Job No.-427 $ 11,477.00 Jul 2014 100 Civic Center Drive Hydrant Relocation at Newport Beach, CA 9266D Cornwall 6 Dover Drive Mike Sinacod I New ort Beach Ph 949 644-3311 CITY OF SAN CLEM Itf Jab No. 410. Sarmenloso Pressure $204,686 May 2014 Ken Knatr, P.E. Reducing Station Rehabilitation 910 Calle Ne oco Project No. 13406 San Clemente, CA 92673 Location: ph(949)361-6139 Sormentoso & Riachuelo fax (949) 361-8316 San Clemente IRVINE RANCH WATER DISTRICT Job 405 - Initial Disinfection Facility 15600 Sand Canyon Avenue Chlorine Injection Lina Replacement $1,087,178 Aril 2014 Irvine, CA 92618 I PR 11669 Alex Murphy, P.E. Location - ph 949 4535863 Susan Steet beNreen Warner Ave. fez B49 4961244 & Segerstrom Ave., Santa Ana DANA POINT HEADLANDP NO Job 416 - Sewer Pump Station $122,722 April 2014 Pravin Mody Dana Strand 34385 Dana Strand Road Location: Dana Point, CA 92627 34385. Dana Strand Road Consultant Robin 8 Hamers & Associates Inc. Dana Point h 949 548-1192 fax 949-548-8516 CITY OF SAN CLEMENTE Job 415- Avenida Vista Hemxrsa $134,248 April 2014 Amir Iikhani ur, P.E. Emergency Water Line Repair 910 Calle N 'o Project No. 24401 San Clemente, CA 92673 Location: h 949) 3615140 Avenida Vista Hermosa tax 949) 361-8316 San Clemente CITY OF SAN CLEMENTE Job 402 -Los MaresMa uero $901,906 December 2013 Amir IlkhaN our, P.E. Stone Drain Upgrade 910 Calle Ne ocio . Project No. 16001 San Clemente, CA 92673 Location: ph (949) 361-6140 Camino De Los Mares & fax 949 361.8316 Avenida Vaquero, San Clemante HARDY & HARPER.INC. Job 400 - Saddleback Church Steve Krischner Parking Lot &Sim Utilities $519,183 September -2013 1312 E. Warner Avenue Location: Santa Ana, CA 92705 Saddleback Church ph 714-4441851 1311 Cale Bafido, San Clemente fax 714-444-2801 LAGUNA BEACH CO. WATER DISTRICI Job 396-MamaNta Drive $387,296 Au ust 2013 Dave Rusk, P.E. I lWatedine Improvements 306 Third Street I Locafion: Laguna Beech, CA 92652 Mamantta Drive, Laguna Beach h 949-0941041 fax 949-497-1021 LAGUNA BEACH CO. WATER DISTRICT Job 397 -2 -Inch PVC Waterline $496,581 August 2013 Dave Rusk, P.E. Improvements -Various Locations 306 -third Street i Location: Laguna Beach, CA 92652 various locations in the ph 949494-1041 1 CRY of Laguna Beach fax 949.497-1021 CITY OF MSTMINST98 Job 392 - Residential Area 1 $1,294,522 May 2013 Tuan Pham, P.E. Storm Drain Improvements Projel 8200 Westminster Blvd. Location: Westminster, CA 92683 Wes(minsterAvenue, Beach Blvd., h 714 54&3456 1 Pacific Avenue, 23rd Street, fax 714 895-4499 1 Westminster CITY OF SAN CLEMENTE 395- Well Treatment Backwash $187,631 May 2013 Ken Knatz, P.E. Pipeline and Vaquero Watedine 910 Celle N ocio Replacement -Pro. No. 24401 San Clemente, CA 92673 Location: ph 949) 361-6139 Celle Bahia &Ave. Santa Ma arta, fez 949 36t-8316 and Ave. Vaquero, Sen Clemente CITY OF SAN CLEMENTE 391 -Vista Cayenta Pressure $174.401 April 2013 Ken KnaK, P.E. i Reducing Station Rehabilitation 910 Calle Negocio San Clemente, CA 92673 Looaeon: ph 949) 361-6139 Vista Ca errta at Ave. Buena Suene fax (949) 361-8316 San Clemente I CITY OF WESTMINSTE 388- Storm Drain and Water $254,700 February 2013 Tuan Pham, P.E. Improvements for Well No.4 at 8200 Westminster Blvd, Elden F. Gillespie Park Westminster, CA 92683 Location: ph (714) 5484456 1 McFadden Ave., Westminster fax 714)895-4499 CITY OF SAN CLEMENTE 386-Alameda Sion Drain $131,698 Febma 2013 Greg Deist, P.E. Rehabilitation - Pro. No. 10011 910 Calle Ne ocio San Clemente, CA 92673 Location: ph(949)361.6154 Alameda Lair) tax 949 361-8316 San Clemente CITY OF LA HABRA 390. Ponols Well Pipeline $543,127 December 2012 Brian Jones, P.M. Pro'ect - Pro. No. 2-W-12 201 E. La Habra Blvd. La Habra, CA 90633 Location: ph (562)905-9792 Walnut St. & Acacia St., fax 562 9055643 La Habra IRVINE RANCH WATER DISTRICT 382- Modeska Canon Road $224,957 November2012 15600 Send Canyon Avenue Domestic Water Pipeline Relocabb Irvine, CA 92618 Tom Bonkowski, P.M. Location: h 949 453-5692 Mod elks Canyon Road east of fax (949)496-1244 Santiago Canyon Road GITY F JAN GLEMENTE 380- San Gabriel Force Main $477,157 October 2012 Greg Deist, P.E. Rehabilitation - Proj. No. 12203 910 Calle Ne oclo San Clemente, CA 92673 Location: h 949 3611154 El Camino Real from Ave. Cabrillo fax (949) 361-8316 to Ave. Junipero, San Clemente CITY OF INDUSTRY 371 - Industqry Hills Lake Loop Road $153,790 July 2012 John Ball" Potable Water System Booster 15625 E. Stafford Street. Ste. 100 Purnp Station City of Indus, CA 91744 Location: ph (626) 333-2211 1 HandorfRoad & Temple Ave. fax 626 9611795 1 City of Industry En ineer/Pro'.M r. CNC Engineering Gerardo Perez, P.E. 255 N. Hacienda Blvd.. Ste. 222 City of Industry, CA 91744 ph 626 333-0336 fax (626) 336-7076 i COSTA MESA SAITARY DISTRICT 377. Canyon Force Main $104,540 July 2012 Rob Hamem, P.M. 628 W. 19th Street Location: Costa Mesa, CA 92627 Wilson St. from Canyon Drive ph 949) 631-1731 to Republic, Costa Mesa fats 949 548.6516 CITY OF LAGUNA B EACH 357-Circle Way Stonn Drain & $1,050,702 Feb. 2012 Lisa Penna, P.E. Stairs Re air-CIP 364 505 Forest Avenue Location: Laguna Seem, CA 92651 Circle Way, Laguna Beach h 849 497-0792 faz(949)497-0771 City of Newport Beach NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE PROJECT Contract No. 8309-1 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. NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE CONTRACT NO. 8309-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of February, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GCI CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031 Calle Recodo, Suite D, San Clemente, California 92673, 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 mobilization; providing traffic control; distributing construction notices, preparing and implementing Best Management Practices (BMPs); loading sand from a stockpile site at the mouth of the Lower Santa Ana River (LSAR); transporting, unloading, placing and grading sand at beach locations on Balboa Island, China Cove, and near Balboa Pier. The volume of sand to be transported is approximately 25,000 cubic yards (CY) (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. 8309-1, 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 Seven Hundred Fifty Three Thousand Four Hundred Seventy Five Dollars ($753,475.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Terry D. Gillespie to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. GCI Construction, Inc. Page 2 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: Terry D. Gillespie GCI Construction, Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the GCI Construction, Inc Page 3 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 insurance of the type, amounts, terms and conditions described in the GCI Construction, Inc. Page 4 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 or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers 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 GCI Construction, Inc. Page 5 responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project 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 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. GCI Construction, 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 GCI Construction, Inc. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 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, GCI Construction, Inc. Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] GCI Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTq RNEY'S OFFICE Date: Z/20? By: /" I =,t ,Z -f ' Aaro C. Harper Cm A4torney ATTEST:�� Date: By: U�� 4J. l Nm� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: 7 • `7 By: G Kevin Muld Mayor CONTRACTOR: GCI Construction, Inc., a California corporation Date: Signed in Counterpart Terry D. Gillespie President Date: Signed in Counterpart By: Janet Gillespie Secretary [END OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements GCI Construction, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTQRN Y'S OFFICE a California municipal corporation Date: 2 / ?- Date: By:_ By: Aaro C. Harp K� Kevin Muldoon C' ttorney Mayor ATTEST: CONTRACTOR: GCI Construction, Inc., a Date: California corp tion Bata• March Y2017 IN Leilani I. Brown City Clerk a March 1, 2017 By: ( IdIAAROPie Jae Gillespie Secretary [END OF SIGNATURES] Attachments: Exhibit A - Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements GCI Construction, Inc. Page 10 EXECUTED IN DUPLICATE EXHIBIT A PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH BOND NO. 0608935 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GCI Construction, Inc. hereinafter designated as the "Principal," a contract for the mobilization; providing traffic control; distributing construction notices, preparing and implementing Best Management Practices (BMPs); loading sand from a stockpile site at the mouth of the Lower Santa Ana River (LSAR); transporting, unloading, placing and grading sand at beach locations on Balboa Island, China Cove, and near Balboa Pier. The volume of sand to be transported is approximately 25,000 cubic yards (CY), 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, INTERNATIONAL FIDELITY 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 Seven Hundred Fifty Three Thousand Four Hundred Seventy Five Dollars ($753,475.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. GCI Construction, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of 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 named Principal and Surety, on the 28th day of FI GCI Construction, Inc. Name of Contractor (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 2400 E. KATELLA AVE. STE 250 ANAHEIM,.CA 92806 ress of Surety (714) 602-9170 Telephone APPROVED AS TO FORM: CITY ATTORNE)CS OFFICE HarpV� 31V executed by the above tY .2017 _ Terry D. Gillespie -President MICHAEL D. STONG, ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED GCI Construction, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O riXlQ�2) ) ss. On II`Yl CVL ( , 20 IF' _ before me, lPgII2i, Notary Public, personally appeared TP -f U b.. 6 i t I P Cn i e2 who proved to me on the basis of satisfactoryevidence to be the persorLM whose name(a'i is/are subscribed to the within instrument and acknowledged to me that he/,aheMey executed the same in his/ber/tiaeir authorized capacity(iW, and that by his/JW/their signatures(s) on the instrument the person(ej, or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------- Notary Public - California i Orange County 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. (seal) State of CaliforniaalifCounty 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) GCI Construction, Inc. Page A-3 JANET GILLESPIE Commission # 2049968 My Comm. Expires Dec 21, 2017 t 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. (seal) State of CaliforniaalifCounty 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) GCI Construction, 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 County of Riverside On 91 agl17 before me, R. Naooi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL- D.STONG Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(o whose name(8) is/axe subscribed to the within instrument and acknowledged to me that he/ske/tNq executed the same in his/her/their authorized capacity(iae), and that by his/Ivar/their signature(ts) on the instrument the person(v), or the entity upon behalf of which the person(s) acted, executed the instrument. RNA 15 Z cOMM. # 2752652 m m #..;. NOTAAY PUBUC•CALIFUANIA z '+-- RNEASIUECUUNTY My Comm. Exp. June 7. 2020 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 Signatur o Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: '✓h G<✓ a'G`ai'v�'y •y .o0.U'eiC<5".y - vCo ✓ ✓R� -✓�-u 0 r • • • • • • 5• • i�r a i�� •fit EXHIBIT B CITY OF NEWPORT BEACH BOND NO.0608935 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,441.00 , being at the rate of $13.68/10.26 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GCI Construction, Inc. hereinafter designated as the "Principal," a contract for the mobilization; providing traffic control; distributing construction notices, preparing and implementing Best Management Practices (BMPs); loading sand from a stockpile site at the mouth of the Lower Santa Ana River (LSAR); transporting, unloading, placing and grading sand at beach locations on Balboa Island, China Cove, and near Balboa Pier. The volume of sand to be transported is approximately 25,000 cubic yards (CY) 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 INTERNATIONAL FIDELITY 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 Seven Hundred Fifty Three Thousand Four Hundred Seventy Five Dollars ($753,475.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included • costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the GCI Construction, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 en, duly exec d by the Principal and Surety above named, on the 28th day of FEBRUA 20 17 . GCI Construction, Inc. of Contractor (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 2400 E. KATELLA AVE. STE 250 ANAHEIM, CA 92806 Address of Surety (714) 602-9170 Telephone APPROVED AS TO FORM: Terry D. Gillespie -President MICHAEL D. STONG, ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GCI Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of (3aYl xJ } On (YIaY I 20s . � before me, d2 I q 6114trj Notary Public, personally appeared T?XlfV D. C!!7 -i 1IP-S,Ute-) who proved to me on the basis of satisfactory 6vidence to bete persoq(s) whose nameW is/arersubscribed to the within instrument and acknowledged to me that he/Ore/tirey executed the same in his/her/theif authorized capacity(ies), and that by his/4er/their signatures(s) on the instrument the person(.e), or the entity upon behalf of which the personw 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. __ :1-1 - _ e - JANET GILLESPIE 'Commission # 2049968 WITNESS my hand and official seal. -- z a Notary Public - California z Z v i.a D - Orange County My Comm. Expires Dec 21, 2017 ig ature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) GCI Construction, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE MW.��.�.�_0��a.. 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 Riverside ) On 94907 before me, R. Naopi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($%) is/atre subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(i(M), and that by his/hsr/their signature(s) on the instrument the person(a), or the entity upon behalf of which the person(x) acted, executed the instrument. _ R NAPPI 000MM. # 2152852 N NO TAR PUBLIC•CALIFORNIA ��m RIVERSIDE COUNTY ` My Comm. Exp. June 1.2020 l 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 le, / !GG>e� Sig�f 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -d{"aT"v '✓ -✓SV�{✓Av � _ -_ 'u{"v '✓<\v •d<'d<'wi-a.-d ei«ti{C+/G��/ 'e/ Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: the laws of the State of New Jersey, and Pennnysylvania, having their principal office MICHAEL D. STONG, JEREMY PENDERGAST Riverside, CA. FIDELITY INSURANCE COMPANY , a corporation organized and existing under .TY COMPANY a corporation organized and existing under the laws of the State of aw Jersey, do hereby constitute and appoint their true and lawful attorneys}in-fact to execute, seal and deliver for and on its behal and. other wribngs obligatory in the nature thereof, which are or may be allowed, requir and the execution of such instrumant(s) In pursuance of these presents, shall be COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all acknowledged by their regularly elected officers at their principal offices. COMPANY and Awer of LLEGHENY CASUALTY COMPANY and Is granted underr and by a of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du iy held on IF CASUALTY COMPANY at a meeting duly field on the 15th day of August, 2000: f as surety, any and all bonds and undertakings, contracts of indemnity red or permitted by law, statute, rule, regulation contract or otherwise as binding upon the said INTERNATIONAL kIDELITY INSURANCL intents and purposes, as if the same had been duly executed and Of IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Executive Vice President/ChiefOperating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. 0 -+AY VAZ114', *OTAR�.,LF+�� IN TESTIMONY WHEREOF, I have hereunto set ml, hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 `h" .... %r"CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companiesas set forth in said Power of Attorney, with the originals on file in the home office of sold companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF. I have hereunto set my hand this o'28f{1 day of O� I ap(7 MARIA BRANCO, Assistant Secretary 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, 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, 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 GCI Construction, 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. 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, 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, 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 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, 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. GCI Construction, Inc. Page C-2 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 insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 0413. 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 GCI Construction, Inc. Page C-3 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 patty 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. I. 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 GCI Construction, Inc. Page C-4 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. GCI Construction, 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: 2/23/17 Dept./Contact Received From: Raymund Date Completed: 2/23/17 Sent to: Raymund By: Alicia GCI Construction, Inc. Company/Person required to have certificate: Newport Beach Sand Replenishment Maintenance Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17 A. INSURANCE COMPANY: Great American Assurance Co. B. AM BEST RATING (A-: VII or greater): A+; XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT—please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? 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? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: ® Yes ❑ No $1,000,000 / $2,000,000 ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No ® NIA ❑ Yes ❑ No ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17 A. INSURANCE COMPANY: Wesco Insurance Co. B. AM BEST RATING (A-: VII or greater) A; XIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M 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): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 3/17/16-3/17/17 A. INSURANCE COMPANY: Security National Insurance Company B. AM BEST RATING (A-: VII or greater): A; XIII C. ADMITTED Company (Must be Califomia Admitted): E Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory E Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? E Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: E N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 2/23/17 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach E N/A ❑ Yes ❑ No E N/A ❑ Yes ❑ No E N/A ❑ Yes ❑ No E Yes ❑ No 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 Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE CONTRACT NO. 8309-1 Project 171-1104 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 To whom it may concern: 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. 8309-1 in accordance with the Contract Documents, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization/Demobilization @ l 11(kU�{IYPA LOuseyd Dollars and ZPX() Cents $ 3300.' Per Lump Sum Lump Sum Traffic Control @S ca I.Q. gdred Dollars and Cents $ 0001— Per Lump Sum 13,500 CY. Load, haul, off-load and grade sand from the Santa Ana River mouth to Balboa Island Beaches @ )O Dollars and Cents $ 39.�) $ 433 Per Cubic Yard PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRIT'rEN IN WORDS PRICE PRICE 4. 6,500 CY. Load, haul, off-load and grade sand from the Santa Ana River mouth to Balboa Pier Area @Ti, �P1YlU oylk, Dollars remand Tia 7PJ+l f Ci Uri Cents $ (P -t �� $ Per Cubic Yard 5. 5,000 CY. Load, haul, off-load and grade sand from the Santa Ana River mouth to China Cove Beaches @ Tum I�1VP0� Dollars and o Cents $ .¢ $ I 1 00-0 Per Cubic Yaed 6. Lump Sum Remove, Store, Reinstall Existing Street End Furniture @ jtjr.tittl ((r` Qtz-\A ( Dollars and 7SWZ5 Cents $ Per Lump Sum 7. Lump Sum Provide As -Built Plans and Close out Documents @ nft_Q`i'Vln)(Jw'4 Dollars and zbro Cents $ I�ow.' Per Lump Sum PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and 2—KO Cents February 7, 2017 Date 714-957-0233; fax 714-540-1148 Bidder's Telephone and Fax Numbers #755356; Class "A" Bidder's License No(s). and Classification(s) Bidder's email address: tdg@gciconstruction.com lars $ 153, 4-1 S, 66 Total Price (Figures) GCI Construction, Inc Bidder / Bidder's Authorized Signature Pnd Tittle Te" D. Gillespie - resident 1031 Calle Recodo, Suite D, San Clemente 92673 Bidder's Address The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the deductive alternative bid item below is for the sole purpose of City information. The City may, at any time during the contract, elect to implement the deductive alternative bid item at the direction of the Enaineer. Al. 25,000 CY Loading of Trucks Provided by On Site Contractor @ 8y Q Dollars and til Cents $ I r� $ 3h1, Per Cubic Yard Last saved by PUser01/26/2017 2:39 PM i:\users\pbwlshared\contmcts\fy16-17 current projects\400 -parks harbors and beaches\beach and bay sand management c-8309-1 17h04\templates\m asteryroposal.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT BEACH SAND REPLENISHMENT MAINTE CONTRACT NO. 8309-1 Project 17H04 INTRODUCTION SP 1 OF 11 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M -5451-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. Copies of the City's 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 00 — PRE-BID MEETING All contractors wishing to bid on this project shall be represented by its CEO/Owner who will be signing the contract documents, the Superintendent who will be managing the Project, and/or the foreman who will be overseeing work at this mandatory meeting. Where: 100 Civic Center Drive, Newport Beach (Crystal Cove Conference Room, Bay 2D) When: January 30, 2017 at 2:30 P.M. SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization; providing traffic control; distributing construction SP2OF11 notices, preparing and implementing BMPs; loading sand from a stockpile site at the mouth of the Lower Santa Ana River (LSAR); transporting, unloading, placing and grading sand at beach locations on Balboa Island, China Cove, and near Balboa Pier. The volume of sand to be transported is approximately 25,000 cubic yards (CY)." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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, one (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 (prior to any markups) 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 Add Section 4-1.3.4 Inspection and Testing "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 SP3OF11 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: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated 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 45 consecutive working days after the date on the Notice to Proceed. SP4OF11 The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (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 24tH (Christmas Eve), December 25th (Christmas), and December 31 st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, 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 outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 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 $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages 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." SP 5 OF 11 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any SP6OF11 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. I. Providing a water truck at the Santa Ana River site for dust control. J. Providing rumble plates at the south end of the dirt path so as to not track dirt into the City streets. k. Avoiding damaging the existing vegetation at the Santa Ana River site or beach replenishment locations. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVMENTS. Add the following to the section: "All facilities, docks, boats, water craft, and sea walls damaged by the Contractor, shall be repaired or reconstructed by the Contractor with the same kind of materials as used in the original construction and to the same thickness and other applicable dimensions, so as to restore the facilities to a sound and serviceable condition satisfactory to the Engineer." 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 (W.A.T.C.H.), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to 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 SP7OF11 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)." 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 (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street 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- 3468 and all affected property owners. 5. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 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 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." Add the following Section 7-10.5 "No Parking" Signs 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. SP8OF11 The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 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 License Classification "A"— General Engineering. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid 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 SP9OF11 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 shall be documented on the "As -Built' drawings. The "As -Built' 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." 7-17 TIDAL FLUCTUATIONS. The Contractor is advised that the project site is located within a coastal zone that experiences variable changes in wind, waves, water level, current and weather. During a rainfall event, the work area will be exposed to storm water discharge. Portions of the work specified herein may require that the Contractor schedule his activities during times of most favorable tides. The Contractor shall be satisfied as to the hazards, risks and work conditions likely to arise from weather variations and/or tidal variations and is advised to subscribe to a marine weather and wave forecast service and consults tide tables published by the National Oceanic and Atmospheric Administration. Daily tide elevations may vary from predicted tide elevations due to wind, storms, atmospheric conditions, and other effects. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization/Demobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; maintaining restroom facilities; preparing for all permit requirements; furnishing and installing construction signage; providing and maintaining BMPs; locating and protecting existing utilities; notifying businesses and residents; providing environmental protections; maintaining and updating project schedule; attending all project meetings; SP 10 OF 11 keeping photographic and video records of project site; coordinating with Orange County Public Works and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, providing traffic control and access; coordinating with other agencies. In addition, this item includes preparing traffic control plans required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Load, haul, off-load and grade sand from the Santa Ana River mouth to Balboa Island Beaches: Work under this item shall include, but not limited to, furnishing all labor, tools, equipment, materials, and supplies and for the loading of sand from the Lower Santa Ana River site, hauling, off-loading and placing of sand at locations on Balboa Island per the contract documents. Item No. 4 Load, haul, off-load and grade sand from the Santa Ana River mouth to Balboa Pier Area: Work under this item shall include, but not limited to, furnishing all labor, tools, equipment, materials, and supplies and for the loading of sand from the Lower Santa Ana River site, hauling, off-loading and placing of sand at locations on China Cove per the contract documents. Item No. 5 Load, haul, off-load and grade sand from the Santa Ana River mouth to China Cove Beaches: Work under this item shall include, but not limited to, furnishing all labor, tools, equipment, materials, and supplies and for the loading of sand from the Lower Santa Ana River site, hauling, off-loading and placing of sand at the beach east and west of the Balboa Pier per the contract documents. Item No. 6 Remove, Store, Reinstall Existing Street End Furniture: Work under this item shall include, but not limited to, furnishing all labor, materials, tools, and equipment for removing, storing, and reinstalling existing outdoor furniture located at beach access points. Outdoor furniture may include, but not limited to, benches, potted landscape, trash receptacles. Item No. 7 Provide As -Built Plans and Close out Documents: Work under this item shall include all actions necessary to provide as -built drawings and spreadsheets. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as - build conditions. DEDUCTIVE ALTERNATIVE BID ITEM Item No. Al Loading of Trucks Provided by On Site Contractor: This bid item shall consider a deduct if loading of trucks is provided by current SAR Contractor. The SP 11 OF 11 deductive credit should include, but not limited to, the credit of all labor, equipment and materials for loading trucks at Santa Ana River mouth into the Contractor's trucks for distribution at any of the locations listed on the Contract Documents or as directed by the Engineer. This item may be reduced in the contract at the Engineer's discretion and no compensation shall be made to the contractor for bid item reduction. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." 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." CAUserslphauscher\Desktop\SAR _SPECS_011116.doc Notes N 1. Horizontal Coordinate System is CA State Plane. Zane fi. Feet,O.C. Survey GPS Epoch. 7. Vertical Datumatum Ver is North American Vertical Datuirn (NAVD) 1988. 3. Mooring Lines and tackle Located within beach F71 Areas Are to be Moved By Others During 50' 0' 5d 100' Construction. All Eye Bolts Along the Seawall are to Remain and be Protected in Place. SCALE: 1=100' R. Benches and Trash Receptacles at Street Ends Sholl be Moved by Contractor During Construction. See Specifications for storage location. 5. All Docks to be Protected in Place. LEGEND ® Beach Fill Area KEY MAP I � I tm— 445th ORgW1NC SCALES SNDWtJ BALD ON 11iC17" DRAWING KILROY A-U'URT WAY. ST' 800 LQ4 emit CA 9081)6 � . ; mnYoS1 A nlcf�a'. 562-42fi-9551 D �• . m�v nr. ml.: e.. Sheet C. Fir—Dtn 12 !/is - NEWPORT BEACH SAND REPLENISHMENT UA1NTENAKE Reference Number; 9w! 0— K BALBOA ISLAND K. r .q 0."0` °� ■eoa c. SOUTH BAY FRONT sh-et 1 °1 13 SAL �ATf k .NQ19L N otes N C- rrunplon F2%2l/16 an or..e er 1. Horixontol Coordinate System is CA State Plane, 4661 Zane 6, Feet, O.C. Survey GPS 2007 Epoch. K, Cervcf 2. Vertical Datum is North American Vertical owo seva. NOFraR & L4H0[ Datum (NAVD) 1986. 3. Mooring Lines and tackle Located within beach Fill Areas Are to be Majed By Others During SD' 0' S0' 100' Construction. All Eye Bolts Along the Seawall ore to Remain and be Protected in Place. SCALE: 1"=i00' 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction. See Specifications for storage location. 5. All Docks to be Protected in Place. LEGEND ® Beach Fill Area KEY MAP 111� . I I t 4" 1r, CIRAWING SCALES SHOWN BASED ON 11 mX17" DRAWNG �f• RM KiLRVc AIRPORT wy, ,rE 600 LAHa MKX CA maw ..man A Nc"Op 5R2-426-955 r sroa m: -� uo-k ax,pw vx� qw. .AL w�yn.d q.. win xe.. C- rrunplon F2%2l/16 an or..e er rax P,�.0 ue. Fr¢mp[an 4661 K, Cervcf ma..;swe nr C- w� owo seva. NOFraR & L4H0[ Fvl xol,c .y N�ird _ NEWPORT BEACH Sheet S+JJ7 eS—LENISHMENT MAINTENANCE Reference Number: BALBOA ISLAND BEACH REPLENISHMENT PROJECT SOUTH BAY FRONT sl -t 2 of 13 1 -sem..-.1 it Y rc .�ry.� �; .., p�• i A•'€ E+,� bad Ji 5 :! � w ,wrrl®wClrJq m 1 ._�,.._,x-� :�'• c .kr'�. . � F -A 1. e 1 Z'w • rr t' 14 R IIIIII 'z-0 fn L , •, � I f� .ss QI f rI a 31 _ p •�•�,_ d 1, i. O r... _'_.�. 'i a�� , ti~ 2hc r '':.��.,..,.-� •O _ �_ � � U M i. � ¢ _.�„ � O 'r 1:I i* � f Yom-• .+:, �I j s Fa i h � At. s IN N 0 59' 0' 50' 100' iiiiiia SCALE: 1"=100' AT I .1 S. Bayfront - �fGR '' • � :-111 .� - ��. �t Jr �' _ `j`.+I ;q j -� _ i �� � i _ �`Ir.ly - `f '� {•. L.� �1�'f - --6 ���_ � � � '�� r 4� � ' ��5___.. 's-.�'a �i, ,•rr d f ��yy � ' � {��,_.":� �;_�� ,�j� I+ I Orr � � 1.' �/ I � :r� �jE .. � �1 � ..r � . '.' •.fir .......: ` .•n .�J 7Y._� � .3iies�'. --`a� ..i s� ei�'"'It:�� --{a�..�. --.. __s._._.. . ._ .+ .. Place •. »ate., r+, ,� Place j 10 CY Place 160 CY Place 27 CY e 3O CY Place 10 CY 7/ i 2 PIG e 50 CY i Y � ,5 Notes 1. HoOzontal Coordinate System is CA Stote Plane, Tone 6, Feet, O.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Mooring Lines and tackle Located within beach Fill Areas Are to be Moved By Others During Construction. All Eye Bolts Along the Seawall are to Remain and be Protected in Place. 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction. See Specifications for storage i0cotion. 5. All Docks to be Protected in Place. LEGEND ® Beach Fill Area KEY MAP M-5451-5 ORAVANG SCALES SHOWN BASED ON 11'7017^ DRAWINC mere° r `A%g5780 uveas APPORT WAY. STE r00 q Cant. RV rK. G s0Ba6 } rn g1jq 11 R niChM 9G7 -S26-9551 --- Wnlrr,d tae: C -8708-t wwk w�qm oee. Hrr. $[aL oes�r,ra er. oar rrn. C. Frgmptoq ii'/$5/16 - v... nr- ua a�� us++ P+elu, vera Frgmpla, 96at rw.: " by- .r. K -� V swmncw or. Q„p eye. c. wane YOfFAi,' & W,GICt PW aeM: N XeIM Sheet NEWPORT BEACH SAND REPLENISHMENT MAINTENANCE Reference Number: BALBOA ISLAND SOUTH BAY FRONT shut 3 or 13 Park Ave -?7 .�' ;�• .l:.s: A��L n ..'li.. ''� t 'i Z..,w• .'_i i �4 1 - i• ,. =1. f I, , n� -71 `, '�ti !' ,fir ... �! _ _ g IS� � .- • __ . i ..� �! N 0 50' O' So' 100' SCALE: 1'•=100' Notes 1. Horizontal Coordinate System Is CA State Plane, Zone 8, Feet, O.C. Survey CPS 2007 Epoch. 2. Vertical Dotum is North American Vertical Datum (NAVD) 1988. 3. Mooring Lines and tackle Located within beach FllAreas Are to be Moved By Others During Construction. All Eye Bolts Along the Seawall are to Remain and be Protected in Place. 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction. See Specif =tans for storage location. 5. All Docks to be Protected in Place, LEGEND ® Beach Fill Area KEY MAP M—rJ4rJ� DRAWING SCALES SHOWN BASED ON 11 X17" DRAWING Ta-RV71' NIA'URT WAY. STE 600 y Ltm 6CACN. CA 90606 . ti1y^ mottalr R 010w, 567-r26-9551 •''crow"'' Cml..cl uo: NEWPORT BEACH Sheet SAND REPLENISHMENT LANTENANCE Reference Number: BALBOA ISLAND SOUTH BAY FRONT Sheel 4 or 13 C. Feemplen ,z/z1�se - fAn Cr: p6 bT 4kN RapeU r�um 9ss1 6Mned bl: �ewSq code F, C—Y C- W.46 HMAY! k NKHQL F4A wwk: M pYM NEWPORT BEACH Sheet SAND REPLENISHMENT LANTENANCE Reference Number: BALBOA ISLAND SOUTH BAY FRONT Sheel 4 or 13 N U* 50' 0' 50' 100' SCALE: 1 •'=100' Notes 1. Horizontal Coordinate System is CA State Plane, Ione 6, Feet, O.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Mooring Lines and tackle Located within beach Fill Areas Are to be Moved By Others During Construction. All Eye Bolts Along the Seawall ore to Remain and be Protected in Place. 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction. See Specifications for storage location, 5. All Docks to be Protected in Place- LEGEND ® Beach Fill Area I'1 9 7 l ^= q* Pork Ave Itp r -q J. KEY MAP M- 5451 —5 DRAWING $CAi_ES SHOWN BASED ON 11"}C17" DRAriING 0 CYE 600NGEACH.550808 my of6 u r Cow—' N C-9309-1 Mrk pucrWa. &h A— o.rg..c vr. oar' 6... Sheet C. Fr pion ']/x1/16 - NEWPORT BEACH Reference o.n br• cm b, M&M a,ci.c1 %- SAND REPLENISHMENT MAIWENANCE Number: rramµc. 961 LITTLE ISLAND 6'9 k.h: c. W.bb �,,,,,,& WId BAST BAY FRONT Srneet s of 13 Pau I . 1 A }'. . . . . . . . . . . iF Notes 1. Horizontal Coordinate System is CA State Plane, Ione 6, Feet, O.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Mooring Lines and tackle Located within beach Fill Areas Are to be Moved By Others During Construction. All Eye Bolts Along the Seawall ore to Remain and be Protected in Place. 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction. See Specifications for storage location, 5. All Docks to be Protected in Place- LEGEND ® Beach Fill Area I'1 9 7 l ^= q* Pork Ave Itp r -q J. KEY MAP M- 5451 —5 DRAWING $CAi_ES SHOWN BASED ON 11"}C17" DRAriING 0 CYE 600NGEACH.550808 my of6 u r Cow—' N C-9309-1 Mrk pucrWa. &h A— o.rg..c vr. oar' 6... Sheet C. Fr pion ']/x1/16 - NEWPORT BEACH Reference o.n br• cm b, M&M a,ci.c1 %- SAND REPLENISHMENT MAIWENANCE Number: rramµc. 961 LITTLE ISLAND 6'9 k.h: c. W.bb �,,,,,,& WId BAST BAY FRONT Srneet s of 13 a C 0 KEY MAP I M-5451-5 pRA4NNG SCALES SHOWN BASED ON 11"X17 DRAWN �Tc� 3760 KILROY AIRPORT WAY, STE 690 • @ 40110 BEACH, G Iowa r<l.rrq I1 A n1Cho1 562.426-9551 Cvn(�A N C-6309-1 ua,A o..bvla. wG o.•�v�w er. Do. Rn• Sheet C. f—pwe 12/21/16 NEWPORT BEACH Reference p.n er d !q: 44N pmjK M. SAND REPLENISHMENT MAINTENANCE Number: rrnmplm 9C111 a.w...e o -r o-e.:.q w= K• �w LITTLE ISLAND am" . b, R �� n & RroI.—A Iwo EAST BAY FRONT Sh"t 6 01 13 N otes LEGEND N 1. Horizontal Coordinate System is CA State Plane, ® Beach Fill Area Zone 6, Feet, O.C. Survey GPS 2007 Epoch.. 2, Vertical Datum is North American Vertical Datum (NAVD) 1988. 3, Mooring Lines and tackle Located within beach Fill Areas Are to be Moved By Others During 50, D' 50' 100' Construction. All Eye Bolts Along the Seawall are to Remain and be Protected in Piace. SCALE: 1'=100' 4, Benches and Trash Receptacles at Street Ends Shall be Majed by Contractor During Construction. See Specifications for storage location, 5. All Oocks to be Protected in Place. KEY MAP I M-5451-5 pRA4NNG SCALES SHOWN BASED ON 11"X17 DRAWN �Tc� 3760 KILROY AIRPORT WAY, STE 690 • @ 40110 BEACH, G Iowa r<l.rrq I1 A n1Cho1 562.426-9551 Cvn(�A N C-6309-1 ua,A o..bvla. wG o.•�v�w er. Do. Rn• Sheet C. f—pwe 12/21/16 NEWPORT BEACH Reference p.n er d !q: 44N pmjK M. SAND REPLENISHMENT MAINTENANCE Number: rrnmplm 9C111 a.w...e o -r o-e.:.q w= K• �w LITTLE ISLAND am" . b, R �� n & RroI.—A Iwo EAST BAY FRONT Sh"t 6 01 13 7 M a Al LEGEND ® Beach Fill Area KEY MAP M—rj451 -S DRAWING SCALES SHOWN BASED ON 11"X17 DRAVANG ®bjq3790 LOHa BEACH. CA 90806E E41) �� mottylf Ae nlChvl 562-426-9551 ciarnn+"t ConirerA ND: m.. nor. CNMQ w q: WI.: rsn. Sheet C, Rempten tz/21/16 — NEWAORT BEACH w� br- a.a ori Reference -6.-rwi.0 M. SAND REPLENISHMENT MAINTEWWCIE r.a„ota. 9641 Number: wM.w er om.x�y tee.: N- �rnr BAL80A ISLAND s.emas.e er. oy �ar.� �,ue..� NORTH SAY FRONT sheel 7 of 13 HDrrATT h NICHOL Nates N i. Horizontal Coordinate System is CA State Plane, Zone 8, Feet, O.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Mooring tines and tackle Located within beach Fill Areas Are to be Moved By Others During 59' O' SO' laa' Construction. All Eye 8odts Along the Seawall are to Remain and be Protected in Place. SCALE: 1"=100* 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction, See Specifications for storage location. 5. All Docks to be Protected in Place, LEGEND ® Beach Fill Area KEY MAP M—rj451 -S DRAWING SCALES SHOWN BASED ON 11"X17 DRAVANG ®bjq3790 LOHa BEACH. CA 90806E E41) �� mottylf Ae nlChvl 562-426-9551 ciarnn+"t ConirerA ND: m.. nor. CNMQ w q: WI.: rsn. Sheet C, Rempten tz/21/16 — NEWAORT BEACH w� br- a.a ori Reference -6.-rwi.0 M. SAND REPLENISHMENT MAINTEWWCIE r.a„ota. 9641 Number: wM.w er om.x�y tee.: N- �rnr BAL80A ISLAND s.emas.e er. oy �ar.� �,ue..� NORTH SAY FRONT sheel 7 of 13 HDrrATT h NICHOL 1i t.� Ballbou d AV �. 0,111110 7R Fil�•p Do ss ."601 LEGEND ® Beach Fill Area KEY MAP i M- 5452 —S pftASNNC SCALES SHOWN &45E0 ON 11'SL17" 6RAVANG �j7RG 61LRaY MRPORT w►r. 55E 600 [Af•G SEPC". CA 90806 } monarr a nicho 562-426-9551 Cvnl•ovl No: _� araro" M. Frvr. o.l;�d W. oma w.- Sheet C. F—pk- 52/24/x6 - NEWPORT BEACH Reference v.n�Y w br x N Ami! ram. SAND REPLENISHMENT MAINTENANCE C. Fromplen 9W5 Number: aK c. SALBOA ISLAND G �WOh NORTH BAY FRONT 5���1 8 of 13 M rRTr ak W"Pa! acde-,q Nu' 1 Notes N 1. Horizontal Coordinate System is CA State Plane, Zone 6, Feet, O.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Mooring Lines and tackle Located within beach Fill Areas Are to be Moved By Others During 50' 100' Construction. All Eye Bolts Along the Seawall are to Remain and be Protected in Place. SCALE. 1"=100' 4. Benches and Trash Receptacles at Street Ends Shall be Moved by Contractor During Construction. See Specifications For storage location. 5. All Docks to be Protected in Place. Do ss ."601 LEGEND ® Beach Fill Area KEY MAP i M- 5452 —S pftASNNC SCALES SHOWN &45E0 ON 11'SL17" 6RAVANG �j7RG 61LRaY MRPORT w►r. 55E 600 [Af•G SEPC". CA 90806 } monarr a nicho 562-426-9551 Cvnl•ovl No: _� araro" M. Frvr. o.l;�d W. oma w.- Sheet C. F—pk- 52/24/x6 - NEWPORT BEACH Reference v.n�Y w br x N Ami! ram. SAND REPLENISHMENT MAINTENANCE C. Fromplen 9W5 Number: aK c. SALBOA ISLAND G �WOh NORTH BAY FRONT 5���1 8 of 13 M rRTr ak W"Pa! acde-,q Nu' 1 LEGEND ® Beach Fill Area KEY MAP M-5451 —5 DRAWNG SCALES SHOWN BASED ON 11"X17" DRAWN $10a KluloV AdWFV WAY. STC 600 1;l p L13NO BEACH, CA 130806 ,tn fond 5 nlch Cl 562-426-5551 Ca 1—t a.: C - 8309-t urr drNpr. ar. Mo•- 6EAL Notes N 9+ Ey. C•d br W11 Wojecl tta. 1. Hor12cntol Coordinate System is CA State Plorle. 96x1 Zone fi Feet. D.C. Survey GPS 2007 Epoch. N—, eed•� 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 0•C 3884• 3. Mooring Lines and tackle Located within beach Pel Ie•1e: ,b HN -ed Fill Areas Are to be Moved By Others During 50' a' 100' Construction, All Eye Bolts Along the Seawall are to Remain and be Protected in Place. SCALE: 1"=100' 4. Benches and Trash Receptacles of Street Ends Shall be Moved by Contractor During Construction. See Specifications For storage location. 5. All Docks to be Protected in Place. LEGEND ® Beach Fill Area KEY MAP M-5451 —5 DRAWNG SCALES SHOWN BASED ON 11"X17" DRAWN $10a KluloV AdWFV WAY. STC 600 1;l p L13NO BEACH, CA 130806 ,tn fond 5 nlch Cl 562-426-5551 Ca 1—t a.: C - 8309-t urr drNpr. ar. Mo•- 6EAL NEWPORT BEACH Sheet SAND REPLENISHMENT MNNTENANCE Reference Number: BALBOA ISLAND NORTH BAY FRONT Sheet 9 of 13 a, from➢Ion 12721716 9+ Ey. C•d br W11 Wojecl tta. . Fremplen 96x1 fdr h.M br N—, eed•� K C4rvw A Ikled br C. w.hb 0•C 3884• LKffA1T Y N�HN Pel Ie•1e: ,b HN -ed NEWPORT BEACH Sheet SAND REPLENISHMENT MNNTENANCE Reference Number: BALBOA ISLAND NORTH BAY FRONT Sheet 9 of 13 Benchmark. Benchmark: Tidal -2 Elevation: 9.970 NAVA 88 Found 3 3/4" Brass U.S. Coast and Geodetic Survey Disk Stomped 'No 2 1926" Flush in Sandstone Rock Outcropping. Monument is Located Southwest of the T—Junction of Oceon Boulevard and Dahlia Avenue, at the Newport Bay Entrance Channel, in Top of a Rock Ledge Which Extends South from the William 0. Kerkorr Laboratory, 12 Meters (39.4 ft.) South of the South Corner of the Lab, 8.1 meters {26.6 ft.} South End of the Rack Ledge, 3.2 Meters (10.5 ft.) South of the South Edge of a Stone and Cement Wall Around the Southwest End of the Lob, the Station is 1.8 Meters (5.3 Feet) Below the Height of the Top of the Wall, Elevations Shown Are Based on NAW 88 Notes: 1. Horizontal Coordinate System is CA State Plane, Zone 6, Feet, O.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (MAW) 1988. 3, Chino Cove Shall Receive Approximately 5,000 CY of Clean Beach Compatible Sandy Material to be Placed at Least 15 Feet Away from Existing Eelgrass Beds. 4, Protect Existing 12" CMP. Place Flexible Rubber Stake in Sand Fastened to Pipe to Mark Outlet Location. 5. All Docks and Residential Structures to be Protected in Place. �f LEGEND ® Beach Fill Area Spat Elevation Existing Contour lei 5O' 0' 5D' 100' SCALE: 1 "- 100' M-5451 —S ORAVANC SCALES SHOWN BASED ON 11"%17" DRAWING S�rjia 6u ROT AIRpf]Rr WAY. S% 60 LONG BEACH. CA 90606 m Tr¢tt k MCAM 562-426-7551 0 z ..1 vo.s n"uno+� ooa wr• Sheet C. F.o to 12/21/16 NEWPORT BEACH Reference c.e q: — r.&mac w SAND REPLENISHMENT MAINTENANCE Number: Frwnpmn Rr41 NEWPORT BEACH swmin.a q- o.y Sems: SE AOFFw R & NILHO Mt rc :& W, d CHINA COVE sh"i 10 of 13 12+33 End North Fill Sto 12+33 N—X6.448.50 E=6,058,014.00 slope to Grade •'a ° Angle pt Sta 7+80.28 N =�2,d86,289.50 E = 5.05&437.50 iv 4,1 • �. .hr c�,� •-r y, - dry; > • ti•' •,- ' � �.�.r: _ .tea - I, i•�' �• .�i `� Al AA , tl w � Y 9 �•41 i x '• N N 60' 0 6D' 120' SCALE: 1'=120' Nates 1. Horixantal Coordinate System is CA State Plane, Zane 6• Feet. D.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Estimated North Side Fill Volume = 3,600 CY (For Crest Elevation = 18 Feet). 4. Under the Direction of the City, the Contractor May Modify the Orientation and/or Configuration of the Winter Dikes. 5. All Fire Rings. Poles, and Asphalt Paths Stall be Protected in Place. LEGEND —+ -+ Station Line -------- Proposed Daylight Line 15 Proposed Contour EAsting Contour Existing Spot Elevation ® Thin Layer Deposit Area (Fire Ring Area) Tog Number Reference for Line / Curve Geometry on Alignment ti r`+00 Beg. Romp ; 0+00 Beg. Ramp . y." . X00 $ 0+5$ i 1 M-5451 S DRAWING SCALES SHOWN BASED ON 11"X17' DRAWING A manaft a nwnol t��v o�Nr INSERT SUB -CONSULTANT LOGO AND INFO HERE Co�S.acl No: SIAL Oeslgned b�: 9o,s; Rrv. C. rre.np[an 1y�19/16 — C�. GY- C.d br YAH Roie[i Ne. . r.ompion 9Wf Rrieeed bt: txorwq case: y e6 b1r- arq S:eN+ Aa reohd C. W. C. Webb >�FFATr & NICFI�L PM ft M:Aa W d s Angle Pt Sto 5+90.29 N = 2,166,025.91$ E = 6,059,055.10 N Berm North Side Angle Pt Stn 5+90.29 Number Radlua Length Line/Chord 6irec6on Start Northing End Northing Start Eaeting End Easting N = 2,166,009.57 E = 6.1059,073.18 CIO 50.00 5.95 Nei, 09' 10.21"W 2,166,086.00 2,166,088.88 6,058,959.90 8,058,954.88 _ Beg. Norih FN L12 510.34 N69' 10' 00.17"H 2,166,108.00 2,$66,289.56 6,058,914.47 8,058,437.54 Sto 0+00 1.13 35.51 N83'11' 1&10'W 2,165,969.99 2,165,986.61 6,059,145.53 8,059,113.84 N=2,165,989.! E=6,059,145.: L14 48.99 N59' 54' 50.65'W 2,165,986.01 2,186,009.57 8,059,713.84 8,059,073.16 End South Fill LIS 24.37 N47' 53' 23.85'W 2,166,009.57 2,166,025.91 8,059,073.18 8,059,655.10 Sto 7+54.0' N=2,165, E=8,059,1 1_18 112.58 N57' 44'24.09'W 2,166,025.91 211554086.00 8,059,055.10 6,058,959.90 L17 44.52 N6V 33' 56.33W 2,566,088.88 2,188,108.00 8,058,954.68 8,058,914,47 LIS 194.73 N58' 55' 47,D7•W 2,$66,289.50 2,188,359.51 8,058,437.50 8,058.255.79 L19 257.64 N69. 47',36.82'w 2,168,359.51 2,166,448.50 5,058,255.79 6.058,014.06 N 60' 0 6D' 120' SCALE: 1'=120' Nates 1. Horixantal Coordinate System is CA State Plane, Zane 6• Feet. D.C. Survey GPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 3. Estimated North Side Fill Volume = 3,600 CY (For Crest Elevation = 18 Feet). 4. Under the Direction of the City, the Contractor May Modify the Orientation and/or Configuration of the Winter Dikes. 5. All Fire Rings. Poles, and Asphalt Paths Stall be Protected in Place. LEGEND —+ -+ Station Line -------- Proposed Daylight Line 15 Proposed Contour EAsting Contour Existing Spot Elevation ® Thin Layer Deposit Area (Fire Ring Area) Tog Number Reference for Line / Curve Geometry on Alignment ti r`+00 Beg. Romp ; 0+00 Beg. Ramp . y." . X00 $ 0+5$ i 1 M-5451 S DRAWING SCALES SHOWN BASED ON 11"X17' DRAWING A manaft a nwnol t��v o�Nr INSERT SUB -CONSULTANT LOGO AND INFO HERE Co�S.acl No: SIAL Oeslgned b�: 9o,s; Rrv. C. rre.np[an 1y�19/16 — C�. GY- C.d br YAH Roie[i Ne. . r.ompion 9Wf Rrieeed bt: txorwq case: C. Webb e6 b1r- arq S:eN+ Aa reohd C. W. C. Webb >�FFATr & NICFI�L PM ft M:Aa W d NEWPORT BEACH Sheet SAND REPLENISHMENT MAINTENANCE Reference Number; WINTER DIKE NORTH SIDE PLAN Sheet 11 of 13 rel 60' a' 60' 120' SCALE: 1 "=120' Nates 1. Horizontal Coordinote System is CA State Plane, Zone 6, Feet, O.C. Survey CPS 2007 Epoch. 2. Vertical Datum is North American Vertical Datum (NAVD) 1988. 1 Estimated South Side Fill Volume = 2,600 CY (For Crest Elevation = 18 Feet). 4. Under the Direction of the City, the Contractor May Modify the Orientation and/or Configuration of the Winter Dikes. 5. All Fire Rings, Poles, and Asphalt Paths Shall be Protected in Place. LEGEND + Station Line --------- Proposed Daylight Line 15 - Proposed Contour Existing Contour Existing Spat Elevation ® Thin Layer Deposit Area (Fire Ring Area) Tag Number Reference for Line / Curve Geometry on Alignment FM-- 5-4 5-1 -S ORAWING SCALES SHOWN BASED ON 11"X17" DRAWING V t INSERT SUB -CONSULTANT LOGO AND INFO HERE CO�I�OCh Nv: -1 uv>: �c,uy,oDay MW. SEAL u.�- by, W.: Tu... C. Fwmplen Berm South Side Berm South Side uan r j.. ha. Number Number Radius Length Line/Chord 06ecton Start Nothing End Northing Stat Eaathg End Enating C4 50.00 43.21 S82' 51' 47.731W 2,165,938.43 2,165,933.22 6,059.295.14 8,059,253.58 C5 20.00 30.87 N77' 41' 02.701M 2,585,933.21 2,165,939.16 6,059,323.57 6,059,296.32 C6 35.00 20.17 N49' 58' 45.0919 2,165,918.35 2,165,931,14 6,059,344.17 6,059,324.94 C7 100.00 16.87 N71' 19' 12.24'W 2,164764.62 2,185,770.02 6,059.697.05 6,059,681.08 C8 100.00 29.17 N58' 29' 10.4f'W 2,165,722.77 2,165,737.96 8,059,78&48 8,059,763.70 C9 1 50.00 1 22.71 1 1483' 08' 28.6819 2,165,745.07 24165,755.25 6,059,755-19 6,059.735-10 FM-- 5-4 5-1 -S ORAWING SCALES SHOWN BASED ON 11"X17" DRAWING V t INSERT SUB -CONSULTANT LOGO AND INFO HERE CO�I�OCh Nv: -1 uv>: �c,uy,oDay MW. SEAL u.�- by, W.: Tu... C. Fwmplen Berm South Side c... cr cm er: uan r j.. ha. Number Radio Length Line/Chad OFectkn Start Harding End Northing Stat fasting End Carting L5 72.45 N72' 22' 39.2714 2.165,933.22 2,165,955.16 6.059,253.58 8.059,184.53 LS 371.78 N66' 29' 10,04'W 2.165,770.02 2,165,978.35 8,059,681.08 8,059,340.17 L7 39.19 N76' 09' 14.44 11 2,165,755.25 2,165,764.02 8.059,735.10 6.059,697.05 L8 92.25 N66' 50' 37.90'W 2.165,686.49 2,165,722.77 6,059,873.30 8,059,788.48 L9 11.09 N50' OY 42.9314 2,165,737.96 2,165,745.07 8,059,763.70 8,059,755.19 L10 1.39 SW 06' 10.7414 2,165,939.18 2,165,95&43 I 8.059,296.32 6,059,295.14 FM-- 5-4 5-1 -S ORAWING SCALES SHOWN BASED ON 11"X17" DRAWING V t INSERT SUB -CONSULTANT LOGO AND INFO HERE CO�I�OCh Nv: -1 uv>: �c,uy,oDay MW. SEAL u.�- by, W.: Tu... C. Fwmplen 12/19/16 1 - c... cr cm er: uan r j.. ha. -Rvmpwn 961 Rrv..a h: o,as.y ion.: G. few Liminw h% C. feta 0.4 SfW� b cb,w ]m1FFATT & NiCHCI Lehb:� Sheet NEWPORT BEACH Reference SANG REPLENISHMENT MAINTENANCE Number: WINTER DIKE SOUTH SIDE PLAN Sheet 12 of 13 STA Ocean Land - - �- f _----------- __-________ Ocean 0 _5 -50 5+00.00 STA f 20' j1P. 1 10 t tit i I -20 D 3+00.00 STA I STA Ocean Lon --- ---- " -'-- ---------------- -au - m u 10+00.00 3D Ocean Lond 20 20 ------------------ ---- --- i------- --------------- ------------ 10 -- - 1D If a I 30 30 Ocean 20 20 10 - - - - ----- r f `�- - - - - - - - - - - - - - - - - - - - 10 50 0 -100 -80 -60 -40 -20 n 70 4n fin -S 1+50.00 North Side Nates 1. Elevatlons are In Reference to NAW 1988, 2D' 0' 20' 40' 2. All Units Are in Feet. SCALE: V'_40' 40' -ev u 8+50.00 STA 30 Ocean c. rampk.. 12/59/16 - 0.n bT vaH Project 1h. . P.vmvlp� 9641 w.ne.ee br 20 C, N.bb s.czbn br- t. w.bb -- ucr>•nit a r+.cHaL PW . 1i;A. ?*W 10 Y ----------------------- --- ---` ----J_--------- f` II - D )Go -00 -DO -60 -40 -20 4 20 7+00.00 LLGEND -- Existing Grade Proposed Grade -1a Land STA-. I 4s an 1., i Elegy. -.18` a I STA 1 Ocean LOA _ ---- - -' -- -- --- 30 -6a -40 -20 _ 20 4n- 69 S 3+50.00 STA I Ocean L --- 1 RO -60 -40 -20 0 20 40 60 81 40 60 1 +00.00 South Side M —5451 —S DRAINING SCALES SHOWN BASED ON 11"X17" DRAWING Q INSERT sue-CO"SULTANr loco _ AND INFO HERE C-1 ... k Nv: o..io.ao ori oea: rtc.- c. rampk.. 12/59/16 - 0.n bT vaH Project 1h. . P.vmvlp� 9641 w.ne.ee br o,o.sy tea.: C, N.bb s.czbn br- t. w.bb o+v seem �. xdd ucr>•nit a r+.cHaL PW . 1i;A. ?*W NEWPORT DFACH Sheet SAND REPLENISHeMEMTT MAINTENANCE Reference Nuumbember: CROSS—SECTIONS Sheer 13 or 13