HomeMy WebLinkAboutC-8197-2 - Central Avenue Plaza RevitalizationFebruary 13, 2019
GMC Engineering, Inc.
Attn: Gennady Chizhik
1401 Warner Avenue, Suite B
Tustin, CA 92780
Subject: Central Avenue Plaza Revitalization — C-8197-2
Dear Gennady Chizhik:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
On February 13, 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
February 14, 2018 Reference No. 2018000053407. The Surety for the contract is
Western Surety Company and the bond number is 30003833. Enclosed is the Faithful
Performance Bond.
Sincere y,
r
Leilani I. Brown, MMC
City Clerk
Enclosure
Br --d No.: 30003833
Premium: $4,104.00
/:11511th
CITY OF NEWPORT BEACH
BOND NO. 30003833
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $4.104.00 , being at the
rate of $ 10.80 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of Califomia, has awarded to
GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for
Central Ave. Plaza Revitalization 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. (Contract No.: 8197-2)
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 Western Surety Company
, duly authorized to
transact business under the laws of the State of Califomia as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Eighty Thousand 00/10ollars ($ 380,000.00 ) lawful money of the United States of
America, said sum being equal to 100% of the estimated amount of the Contract, to be
paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
Page B-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 11th day of October 120 17
GMC Engineering, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
1455 Frazee Road, Suite 801, San Diego, CA 92108 David B. Sandiford, Attorney -in -Fact
Address of Surety Print Name and Title
(619)682-3550
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: U lY
By:
Aaron C. Harp
City Attorney
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
=1
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of/ Orange }
On before me, Rosemarie Geiger
ere nsert name and We of the officer)
personally appeared David B. Sandiford
who proved to me on the basis of satisfactory evidence to be the person*whose
name*is/aFe-subscribed to the within instrument and acknowledged to me that
hefshekhey executed the same in his/la�authorized capacity{i , and that by
his/herkheir-signaturefc4on the instrument the person{sj; or the entity upon behalf of
which the persons}acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.ROSEMARIE GEIGER
;' Commission #2101454
y ;-s s, Notary Public -California z
m'',^., Orange County n
My Comm. Expires Feb 26, 2019'
Notary Public Signature (Notary Public Seal)
11111rl a IIPlPIG1S9 J I leJ@/-1171►9 lil,1111,11 ill
IlI�AE:IJIC�.'�CC31. � � ��.i:� Vie! .til:►I
(Title or descriµion detached doarret)
(T�Ile or description datached document continued)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
e
❑ Partner(s)
R) Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING TIES FORM
ON Ibis form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from otter states maybe completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
Mate and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
mate of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
Mrhe notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
[]Print tie names) of document signer(s) who personally appear at the time of
notarization.
111ndicate the correct singular or plural forms by crossing off incorrect forts (i.e.
he/stte/8uey- is /are) or circling the correct fors. Failure to correctly indicate this
information may lead to rejection of document recording.
Anne notary seal impression must be clear mrd photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
ITISignaturc of the notary public must match tie signature on file with die office of
the county clerk.
IN Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages mid date.
i4 Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e, CEO, CFO, Secretary).
.'Securely such this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On October 11, 2017, before me, Sheila McCourtie , Notary Public,
personally appeared Gennady Chizhik
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/&heAhey executed the same
in his/heOtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
XSHEILA MCCOUME
CQMM.02171734 z
a Notary Public • California a WITNESS my hand and official seal.
Orange County
Can", k" Nov. 13, 2020
SIGNATURE. &
PLACE NOTARY SEAL ABOVE
..........................................................................................................................................................................................................................................................................................................................
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document
Signer(s) Other than Named
of Pages: _
V 'astern Surety Corr,, any
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it dos by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jeffrey R Gryde, David B Sandiford, Individually
of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused dim presents to be signed by its Vice President and its corporate seat to be
hereto affixed on this 19th day of July, 2016.
g,,.+�`sURa"{y'wn WESTERN SURETY COMPANY
dj0D _
s
+�*C `PE AV r�r
"�4irN CA�aa
°"'�*.. • ^aul T. Binflat, Vice President
State of South Dakota l
JJ as
County of Minnehaha
On this 19th day of July, 2016, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
J. MOHR
June 23, 2021 S�vweuc,G;?,
Mohr, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this I I tly day of OCtoher .— Z01-7_.
'''Erroo WESTERN SURETY COMPANY
�3ai�pPOggt\;a
rah.. sa
u:onP,F'
Fornr F4280-7-2012 L. Nelson, Assistant Secretary
April 20, 2018
GMC Engineering Inc.
Attn: Gennady Chizhik
1401 Warner Avenue, Suite B
Tustin, CA 92780
Subject: Central Avenue Plaza Revitalization C-8197-2
Dear Gennady Chizhik:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1949-644-3039 FAx
newportbeachca.gov
On February 13, 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
February 14, 2018, Reference No. 2018000053407. The Surety for the bond is Western
Surety Company and the bond number is 30003833. Enclosed is the Labor & Materials
Payment Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
Bond No.: 30003833
Premiuh,. included
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 30003833
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for
Central Ave. Plaza Revitalization 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. (Contract No.: 8197-2)
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,
Western Surety Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Eighty Thousand 00/100 Dollars ($ 380,000.00 ) lawful money of the United States of
America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Page A-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 11th day of October 2017 .
GMC Engineering, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
1455 Frazee Road, Suite 801, San Diego, CA 92108 David B. Sandiford, Attorney -in -Fact
Address of Surety Print Name and Title
619-682-3550
Telephone
I_1:2 :2:Ta1Tl=157sFAktel37 V F
CITY ATTOR EY'S OFFICE
Date:
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Page A-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 1 112 D before me, Rosemarie Geiger
ere mart name and title of the officer)
personally appeared David B. Sandford
who proved to me on the basis of satisfactory evidence to be the persons whose
name*is/&+e-subscribed to the within instrument and acknowledged to me that
he/sheMieyexecuted the same in his/,ho4ieiFauthorized capacity{iee) and that by
hisfherAheiFsignature*s on the instrument the personfej, 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. ROSEMARIE GEIGER
?0 Commission # 2101454 z
-® Notary Public - California z
Notary / iL9Y ' Orange County n
�..,
My Comm. Expires Feb 26, 2019
Public Signature (Notary Public Seel)
AUU1 I IUNAL UP I IUNAL INFURMAT
(Title or description d attached domrrent)
(Title cr description d attached
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
le
❑ Partner(s)
® Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NoteryClasses.com 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
3N This form complies with current California statutes regarding notarywording and,
if needed should be completed and attached to the document. Acknowledgments
from other states maybe completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
Mate and County information must, be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
Gate of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
Orhe notary public must print his or her name as it appears within his or her
commission followed by a comma andthen your title (notary public).
I nt the names) of document signer(s) who personally appear at the time of
notarization.
Medicate the correct singular or plural fors by crossing off incorrect fors (i.e.
he/she/the)` is /ere ) or circling the correct farms. Failure to correctly indicate this
information may lead to rejection of document recording.
Mrhe notary seal impression must be clear and photographically reproducible.
Impression must not cover text or Imes. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
QSignamre of the notary public must match the signature on file with the office of
the county clerk.
I] Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
0 Indicate title or type of attached document, number of pages and date.
ED Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the tine (i.e. CEO, CFO, Secretary).
MSecurely attach this document to the signed documentwith a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On— October 11, 2017, before me, Sheila McCourtie Notary Public
personally appeared Gennady Chizhik
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/shefthey executed the same
in his/herAheir authorized capacity(ies), and that by his/hertthetr signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
SHEILA IICCOURTIE
COMM. M2171734 a
z Notary Public California WITNESS my official hand and ocial seal.
= Ounpe County
0-
6 Comm, iron Nov. 13 T020
SIGNATUR&: /te�
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named
V bstern Surety Corr_, )any
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jeffrey R Gryde, David B Sandiford, Individually
of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instmments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 19th day of July, 2016.
rsopEr, WESTERN SURETY COMPANY
voq "e0
"i�SE AM.:P Taw/[
�"'.hrfi OPMd
""^�••�FPaul T. Bmflat, Vice President
State of South Dakota 1
County ofMinnehaha )J ss
On this 19th day of July, 2016, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
,q J.MOHR
June 23, 2021 �b'"tilr noruvrauuw� ^tel/�`�1 / ,
6CUrt1 OTA
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my time and affixed the seal of the said corporation this 1-1-t1'L--day of October 701.7
+"`r"� WESTERN SURETY COMPANY
StipJrpPOAq���1`q
s
6r
` p�µllµOFN
Form F4280-7-2012
L. Nelson, Assistant Secretary
,
Document -4819999 -Page -1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
I1IIIIIIIIIIIIII11111111111111111111111I11I11111111111111111I11 NO FEE
+$ R 0 0 0 9 8 8 9 9 6 2$
2018000053407 4:13 pm 02114118
105 406 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 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 GMC Engineering Inc., Tustin,
California, as Contractor, entered into a Contract on October 10, 2017. Said Contract set
forth certain improvements, as follows:
Central Avenue Plaza Revitalization - C-8197-2
Work on said Contract was completed, and was found to be acceptable on
February 13. 2018, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Western Surety Company.
BY f r
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 FPM AO 14 , gl y at Newport Beach, California.
J
BY 46° k Jf •
City Clerk
Page 1 of 1
about:blank 02/14/2018
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 GMC Engineering Inc., Tustin,
California, as Contractor, entered into a Contract on October 10, 2017. Said Contract set
forth certain improvements, as follows:
Central Avenue Plaza Revitalization - C-8197-2
Work on said Contract was completed, and was found to be acceptable on
February 13, 2018, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Western Surety 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 / r/rd� ��8 at Newport Beach, California.
BY �S/ - J • kw—
City
Clerk
CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City
Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
by 11:00 AM on the 26th day of September, 2017,
at which time such bids shall be opened and read for
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
$ 265,000
Engineer's Estimate
Approved by
Mark Vuko evic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
hftp://www.planotbids.com/portal/portal.cfm?CompanvlD=22078
Hard copy plans are available via
Santa Ana Blue Print (949) 756-1001
Located at 2372 Morse Ave. Irvine, CA 92614
Contractor License Classification(s) required for this project. "A"
For further information, call Peter Tauscher, Project Manager at (949) 644-3316
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
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.....................................................16
ACKNOWLEDGEMENT OF ADDENDA........................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER............................................................................22
CONTRACT...................................................................................................................22
LABOR AND MATERIALS PAYMENT BOND ............................................
Exhibit A
FAITHFUL PERFORMANCE BOND...........................................................
Exhibit B
INSURANCE REQUIREMENTS.................................................................
Exhibit C
PROPOSAL...............................................................................................................
PR -1
SPECIAL PROVISIONS............................................................................................SP-1
4
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received electronically by
the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL (LINE ITEMS to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the
Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's Check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. (original Bid Bonds
must be submitted to the City Clerk's Office.)
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract. The securities shall be
deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
739091 A, B
Contractor's License No. & Classification
1000003957
DIR Reference Number & Expiration Date
GMC Engineering, Inc.
Bidder
q� v rfl � -
Genna�dy z i ,P e
y resident
September 26, 2017
Date
City of Newport Beach
CENTRAL AVENUE PLAZA_ REVITALIZATION
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 oity, In the principal SUM Of _ Ten Percent of the Total Amount Bid
Dollars ($ 10% , to be paid and forteted to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of CENTRAL
AVENUE PLAZA REVITALIZATION, Contract No. 8197.2 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 forms)
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
ONotification 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 14th day of September 2017.
GMC Engineering, Inc.
Name of Contractor (Principal)
Western Surety Company _ _
Name of Surety
1455 Frazee Road, Suite 801, San Diego, CA 92108
Address of Surety
619-682-3550
Telephone
Ah
David B. Sandiford, Attorney -in -Fact_
Print Name and Title
(Notary acknowledgment of Princloal & SUr0tV must be attached)
See attached
Wt riai certificate
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jeffrey R Gryde, David B Sandiford, Individually
of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be
hereto affixed on this 19th day of July, 2016.
WESTERN SURETY COMPANY
�aS'%acr,.eo
3i�pPPOgg14
%15 SE AV"
/-
��rM OPr��p
...aul T.Bruflat, Vice President
State of South Dakota 1
JI
County of Minnehaha ss
On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
,,¢�ya� J.MOHR
June 23, 2021 `�r"�8p1"1°�°f"da—,/V�,� A
J. Mohr, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 14th day of QPptPmhPr 201 Z
WESTERN SURETY COMPANY
SE AV I0
`.o /
L. Nelson, Assistant Secretary
Form F4280-7-2012
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 Los Angeles
On September 14, 2017
before me, Lourdes Anderson
(insert name and title of the officer)
personally appeared David B. Sandiford
who proved to me on the basis of satisfactory evidence to be the per n )whose name( s e
su cribed to the within instrument and acknowledged tome tha he h /thp9 executed the same in
hi e�Ahei�/authorized capacity(, and that by hi ergheif/signatureW on the instrument the
persol(, or the entity upon behalf of which the personwacted, 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.
SA
LOURDESANDERSCN
WITNESS my hand and official seal. ri commission # 2057889
- Notary Public • California
„e
La .;.;'° Pz
• 'nr,. Los Angeles County
A'-")
MyComm Expres Feb 1442010
wr
Signatu a (Seal)
ACKNOWLEDGMENT
...............................................................................
State of California
County of Orange ) ss.
On September 19,
personally appeared
before me, Sheila McCourtie Notary Public,
I Chizhik
proved to me on the basis of satisfactory evidence to be the person(t*whose name(&}is/are.
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/he#tkeif•authorized capacity(ies� and that by his/herkheir signatures(e} on the instrument
the person(sT, 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. :t:::
���2A �rAlZlhl4 ) Signature 3, 2020
...............................................................................
OPTIONAL INFORMATION
Date of Document Septeamber 14, 2017
Type or Title of Document Bidder's Bond
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
X Personally Known with Paper Identification
_ Paper Identification
Credible Witness(es)
Capacity of Signer:
_ Trustee
_ Power of Attorney
CEO/CFO/COO
x President / Vice -President / Secretary / Treasurer
Other:
Other
11
Thumbprint of Signer
JC Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors have been
used in formulating the bid for the project and that these subcontractors will be used subject to the approval of
the Engineer and in accordance with State law. No changes maybe made in these subcontractors except with
prior approval of the City of Newport Beach. (Use additional sheets if needed.)
Subcontractor's Information
Bid Ilem
Description of Work
%of
-LANDSCAPE
Number
Total Bid
BUENA VISI A
1472 N. HARDING ST.
Le --If
ORANGE, CA 92867
714-771-2563 LIC. # 614472 C27
DBE # 35257 Landscape / Irrigation
Contractor's Registration #: 1000004770
DIR Reference:
Email Address:
MACADEE ELECTRICAL
4755 Lanier Road
Chino Hills, CA 91710
G�
1
909-627-1336
Lic. # 583125 Electrical
Contractor's Registration # 1000002174
DIR Reference:
Email Address:
PAVER PLUS, INC.
P.O. Box 39732
Downey, CA 90210
562-622-3309
Lia # 934 121
\ ��
DIR Reference: \ 00000 2S`6,&
Email Address
GMC Engineering, Inc. r")M .-
Bidder Authorized PSigntture/Tit
Gennady hoz ik, President
9
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name GMC Engineering Inc.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $100,000, provide the following information:
No. 1
Project Name/Number Beach Blvd. Median & Traffic Signal Impvts, Project #592
Project Description Stamped concrete, Traffic signals Median curb Landscape/Irrigation
Approximate Construction Dates: From Sept. 2015 To: August 2016
Agency Name City of Buena Park
Contact Person Jeffrey Townsend Telephone (719 562-3680
Original Contract Amount $ 934,000Final Contract Amount $ 1 ,020,902.93
If final amount is different from original, please explain (change orders, extra work, etc.)
City requested 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.
N/A
10
No. 2
Project Name/Number The Tracks at Brea Segment 3 P/roject No 7873
Project Description Electrical/lighting system, Grading, AC/PCC Improvements
Approximate Construction Dates: From Sept. 2015
Agency Name City of Brea
To: April 2016
Contact Person Raul Using Telephone ( 714 671-4450
Original Contract Amount $1.5 mil Final Contract Amount $1,610,098.38
If final amount is different from original, please explain (change orders, extra work, etc.)
City requested 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.
N/A
No. 3
Project Name/Number 15th St/Balboa Blvd Revitalization, Project No. 6341
Project Description AC/PCC improvements, Pavers, Site furniture, Landscape/Irrigation
Approximate Construction Dates: From January 2016 To: August 2016
Agency Name City of Newport Beach
Contact Person Mike St. Clair Telephone (947 270-8133
Original Contract Amount $2.7 mil Final Contract Amount $2,995,815.88
If final amount is different from original, please explain (change orders, extra work, etc.)
City requested 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.
N/A
11
No. 4
Project Name/Number Newport Boulevard Widening Project No 4881
Project Description Demo, AC. PCC Impvts, Storm Drain/Sewer, Electrical, Landscape/ Irrig.
Approximate Construction Dates: From February 2016 To: September 2016
Agency Name City of Newport Beach
Contact Person Andy Tran Telephone (949 644-3315
Original Contract Amount $3.9 mil Final Contract Amount $ 4,174,891.08
If final amount is different from original, please explain (change orders, extra work, etc.)
City requested 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.
N/A
No. 5
Project Name/Number Foothill Parkway Widening, Project No. 2014-07
Project Description Storm drain/Sewer, AC/ARNM, Lighting, Landscape/Irrigation
Approximate Construction Dates: From October 2016 To: April 2017
Agency Name City of Corona
Contact Person Nelson Nelson Telephone (95) 817-5765
Original Contract Amount $1.7 mil Final Contract Amount $1,837,169.95
If final amount is different from original, please explain (change orders, extra work, etc.)
City requested 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.
N/A
12
No. 6
Project NamelNumber Hetzler Road Pedestrian Trail Improvements
Project Description Grading, Masonry, Concrete, Signing
Approximate Construction Dates: From December 2016 To: July 2017
Agency Name City of Culver City
Contact Person Mate Gaspar Telephone (31g 253-5602
Original Contract Amount $1.2 mil Final Contract Amount $ 1,312,557.62
If final amount is different from original, please explain (change orders, extra work, etc.)
City requested 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.
N/A
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
GMC Engineering, Inc. P1,
&X1.1
Bidder Authorized Signaturelritl
Gennady Chizhik, President
13
GSC
aNGdfl6ERIGut
GENERAL ENGINEERING CONTRACTOR
I.i, No 719091 A. R
Re: Central Avenue Plaza Revitalization
City of Newport Beach, Contract No. 8197-2
CONSTRUCTION MANAGEMENT TEAM
MAY BE ASSIGNED FOR THE ABOVE REFERENCED PROJECT
Gennady Chizhik — President
Involved in Construction since 1979
Served as: Foreman, Superintendent
Currently serving as: Estimator, Project Manager, and Field Engineer
Oversees all aspects of GMC Engineering, Inc.
J. Michael LaVoie — Estimator, Project Manager I Engineer
Involved in Construction since 1990
Served as: Laborer, Field Engineer, Estimator, and Project Manager
Currently serving as: Project Manager, Estimator, and Field Engineer
Ernie Beas — Superintendent
Involved in Construction since 1978
Served as: Laborer, Operator, Foreman, Superintendent
Performed work in Grading, Concrete, AC and Wet Utilities
Currently serving as: Superintendent in charge of selected GMC Field Operations, as
well as scheduling and supervising
Art Sanchez — Superintendent
Involved in Construction since 1985
Served as: Laborer, Operator, Foreman, Superintendent
Performed work in Grading, Concrete, AC and Wet Utilities
Currently serving as: Superintendent in charge of selected GMC Field Operations, as
well as scheduling and supervising
1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of Orange )
Gennady Chizhik , being first duly sworn, deposes and says that he or she is
President of GMC Engineering, Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California hat the foregoing is true and correct.
GMC Engineering, Inc. _
Bidder Authorized Signature/Tit
Gennady Chizhik, Presidnet
ubscribed and sworn to (or affirmed) before me on this day of 7
by pro o me on the basis of
satisfactory guide s To be the person(s) who appeared b me.
I certify under PENALTY OF PERJURY and flaws of the State of California that the foregoing
paragraph is true and correct.
[SEAL]
**SEE ATTACHED JURAT*-*
14
My Commission
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
Subscribed and sworn to (or affirmed) before me on this 26th
day of September , 20 17, by Gennady Chizhik
proved to me on the basis of satisfactory evidence to be the
person(g) who appeared before me.
SHEILA MCCOUME
COMM. #2171734 z
No Public:• California c
zorange County
Comm.j *!t Nov. 13, 2020
(Seal) Signat
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
DESIGNATION OF SURETIES
Bidder's name GMC Engineering, 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):
Western Surety Company
1455 Frazee Road, Ste. 801
San Diego, CA 92108
JRG Surety and Insurance Agency
24382 Hilton Way
Laguna Niguel, CA 92677
(949) 448-7910
David Sandiford, Agent
15
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name GMC Engineering Inc.
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
M
Current
Record
Recordr2014
rd
Record
Record
Year of
for
for
for
for
Record
2016
2015
2013
2012
Total
2017
No. of contracts
4
5
7
6
11
3
36
Total dollar
Amount of
Contracts (in
6.7 mil
13.4 mil
16.5 mil
12.4 mil
7 mil
5.3 mil
rok.3 mil
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
permanent
0
0
0
0
0
0
0
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.
M
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
State Contractor's License No. and
Classification:
Title
GMC Engineering, Inc.
1401 Warner Ave., Ste. B, Tustin, CA 92780
(714)247-1040
739091 A, B
President
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
K
aGIflL+ERIIIGwr.
GENERAL ENGINEERING CONTRACTOR
Lic. No. 739091 A, e
RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY
PRESIDENT GENNADY CHIZHIK
At a Meeting of the Board of Directors of GMC Engineering Inc. (hereinafter
sometimes called Corporation), a corporation organized and existing by virtue of
the laws of the State of California, duly called and held on the 5'1i of January, 2017, a
quorum being present, consisting of the President and Secretary of the Corporation,
Gennady Chizhik, the following Resolution was adopted:
BE IT RESOLVED by the Board of Directors of this Corporation that its
President, Gennady Chizhik, is hereby authorized, empowered, and directed to
execute on behalf of this Corporation, and in its name, any contract.
BE IT FURTHER RESOLVED, that any prior acts of said officer of the
Corporation, in connection with the execution of any contract on behalf of the
Corporation, are hereby confirmed and ratified.
1, Gennady Chizhik, hereby certify and declare that I am the regularly and
duly acting President and Secretary of GMC Engineering, Inc., a Corporation; that
the Resolution above set forth was duly and regularly adopted by the Board of
Directors of said Corporation at a Special Meeting of said Board of Directors, held
in Tustin, California, on the 5" day of January, 2017; that the whole number of
Board of Directors of said Corporation is one; that there were present at said
meeting one Director; that all Directors present voted in favor of said Resolution,
and that thereupon the Resolution was declared regularly adopted.
Corporate Seal
Gennady Chizhik
President & Secretary of GMC Engineering Inc.
Notarization Attached
1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247-1040 • Fax (714) 247-1041
Notary Acknowledgment
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Orange
On September 26 . 20 17, before me, Sheila McCourtie , Notary Public, personally
appeared Gennady Chizhik who proved to me on the basis of satisfactory
Names) of Signer(s)
evidence to be the person(&') whose name(O is/are subscribed to the within instrument and acknowledged to
me that he/shehher executed the same in hisilhelI44sk authorized capacity( a&), and that by his/her/iheir
signature(s)-on the instrument the person*, or the entity upon behalf of which the person(4acted, 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.
SHEILA NCCOHRTIE WITNESS m hand and official seal.
COMM. 02171734 zz y
°aNotary Public • California o
I Orange County -
Comm. faMea Nov, 13,2D20
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
®Corporate Officer
President
Title(s)--...............—
❑Partner(s) ❑ Limited
❑ General
❑ Attorney -I n -Fact
❑ Trustee(s)
❑Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
GMC Engineering, Inc.
—__
Title or Type of Document -
- - -- --
Number of Pages
Date or Document
NOTE: This acknowledgment is to be completed for Contractor/Principal.
61147.02100\20950242.3 -26-
Named
00 4143 - BID FORMS
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name GMC Engineering Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents,
Addendum No. Date Received Sigpature
1 9/12/2017 VI
2 9/19/2017
E
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
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: GMC Engineering, Inc.
Business Address: 1401 Warner Ave., Ste. B, Tustin, CA 92780
Telephone and Fax Number: (714)247-1040 (714)247-1041 fax
California State Contractor's License No. and Class: 739091 A, B
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 8/11/1997 Expiration Date:_ 8/31/2019
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:
Gennady Chizhik, 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
Gennady Chizhik,_President 1401 Warner Ave., Ste. B, Tustin (714)247-1040
Corporation organized under the laws of the State of California
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
GMC Engineering, Inc.
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have
you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain.
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 co lance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? M No
W
Are any claims or actions unresolved or outstanding? Y49 &
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
Gennady Chizhik
(Print name of Owner or President
of Corporation/Company)
�
GMC Engineering, Inc.
Bidder Authorized SigridturefFitWe
before me,
be the
acknowledged to me th`afhe[sh,
by his/her/their signature(s) on t
acted, executed the instrument.
President
Title
September 26, 2017
Date
, Notary Public, personally
who proved to me on
n(s) whose name(s) is/are subscribed to the w
j0imlinstru
executed the same in his/her/their authori apacity(ies
moment the person(s), or the entity u ehalf of which the
I certify under PENALTY OF PERJURY under
paragraph is true and correct. ,
WITNESS my hand and official
tor said State
Expires:
21
(SEAL)
-basis of
ment and
and that
person(s)
State of California that the foregoing
**SEE ATTACHED ACKNOWLEDGEMENT**
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Orange )
I. On September 26. 2017 before me, Sheila McCourtie, Notary Public_
personally appeared Gennady Chizhik
who proved tome on the basis of satisfactory evidence to be the persorl whose nameWis/ace subscribed to
the within instrument and acknowledged to me that he/skefthey executed the same in hisAlaeF,their
authorized capacity(4e -, and that by his/ba;4keir signature(9) on the instrument the person(* or the entity
upon behalf of which the person(.Oacted, 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.
�� SHEILA HCCOURTIE
a • COMM, 02171734 z
Notary Publit • CalHornia z
z Orange County °
Comm, es Nov. 13, 2020
(Seal)
Optional Information
information in this section is not required by rr n.. i 1 ) and reattachment oP[his acknowledgment to an
document and may prove useful to persons wl. I - e atrachao doc,.ment-
Attached Document
The preceding Certl to of Acknowledgment is attached to a document
titled/for the purpose of _
containing pages, and date
The signer(s) capacity or authority is/are as:
Individual(s)
Attorney -in Fact
_1 Corporate Officer(t)
nrlelsl
Guardian/Conservator
^i Partner-Limited/General
frustee(s)
Other:
representing:
—.. _
Namelsr of Perdntsl m Entdvlies) SirI, P.epresenbny
ethod of Signer Identification
Pro\onbasis or satisfactory evidence:
ircatioc .. credible witnessies)
Ntailed in notary journal on:
Entry If
No
Additional Signers)
*humbi;natts)
`-C t,o1 h'0720,.--N"I I,,tUtary n, PC Bui 4I C00, pro NI -1 'PI I� 5111 N]50' 111 Fig Its Reserved Item Numbet I pl 7 72 Please Cnnta(r you, 4ulnOPJPtl Re II_ IS C+vPa,2 'A4-501 this:pm`
CENTRAL AVENUE PLAZA REVITALIZATION
CONTRACT NO. C-8197-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 10th day
of October, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City'), and GMC Engineering Inc., a
California corporation ("Contractor"), whose address is 1401 Warner Ave, Suite B, Tustin,
California 92780, 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 providing all labor,
material, equipment, and supervision as required for preparing shop drawings;
mobilizations/demobilization; temporary construction fencing; distributing
construction notices; surveying; grading; preparing as -built drawings; constructing
the contract -specified plaza improvements; and all other items and services
required to complete the work prescribed in the Contract Documents, as outlined
herein (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. C-8197-2, 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.
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 Three Hundred Eighty Thousand Dollars ($380,000.00).
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 Gennady Chizhik to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
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
GMC Engineering, Inc. Page 2
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
Public Works Department
City of Newport Beach
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: Gennady Chizhik
GMC Engineering Inc.
1401 Warner Ave, Suite B
Tustin, CA 92780
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
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.
GMC Engineering, Inc. Page 3
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 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
GMC Engineering, Inc. Page 4
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any of
the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
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,
GMC Engineering, Inc. Page 5
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 and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
GMC Engineering, Inc. Page 6
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
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.
GMC Engineering, Inc. Page 7
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
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.
GMC Engineering, Inc. Page 8
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]
GMC Engineering, Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S PFFICE
Date: Lo ZW Z17
By: �bT
Aaron C' Harp!�i,i�
City Attorney
ATTEST: 10 19.11
By: Aj/)I
—bm'—�
Leilani 1. Brown
City Clerk..,
Attachme
CITY OF NEWPORT BEACH,
a Galitornie
Date: /
Mayo
CONTRACTOR: GMC Engineering Inc.,
a California corporation
By:
Gennady Chizhik
Chief Executive Officer and Secretary
[END OF SIGNATURES]
a -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
GMC Engineering, Inc. Page 10
Bond No.: 30003833
Premium: Included
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 30003833
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for
Central Ave. Plaza Revitalization 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. (Contract No.: 8197-2)
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,
Western Surety Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Eighty Thousand 00/100 Dollars ($ 380,000.00 ) lawful money of the United States of
America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 at seq. of the Civil
Code of the State of California.
Page A-1
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 11th day of October 2017 .
GMC Engineering, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
l
Authorized Sign ture/Title
Gennady Chizhik, President
A orized n Ig
1455 Frazee Road, Suite 801, San Diego, CA 92108 David B. Sandiford, Attorney -in -Fact
Address of Surety Print Name and Title
619-682-3550
Telephone
APPROVED AS TO FORM:
CITY A-FrORt4EYS OFFICE
Date: l a 7
By:
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Page A-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange }
On 0 /% , 20 / before me, Rosemarie Geiger
( ereinsert name an d e o e o Icer
personally appeared David B. Sandiford
who proved to me on the basis of satisfactory evidence to be the person(e}whose
nameje} IsfeFesubscribed to the within instrument and acknowledged to me that
he/shefthey executed the same in his/"��'� authorized capacityf4e); and that by
hisHteOtheif signature} on the instrument the personka} or the entity upon behalf of
which the persorotacted, 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. ROSEMARIE GEIGER
Commission # 2101454
a' =m NotaryPublic- California z
z �" Orange County n
My Comm. Expires Feb 26, 2019
Notary Public Signature (Notary Public Seal)
AUDI I IUNAL UP FIUNAL INFURMATI
(Tile or description of attached docu rmt)
(TNe ar descriiption of atted)ed document continued)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
le
❑ Partner(s)
® Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www. NolaryClasses. cm 800-873-9865
INSTRUCTIONS FOR COMPLETING THIS FORM
DIN This form complies with current Cal iforniastatutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states maybe completed for documents being sent to that state so long
as the wording does not require the California nolaryto violate California notary
law.
[Estate and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
Gate of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
MThe notary public must print his or her name as it appears within his or her
commission followed by a comma andthen your title (notary public).
IQPrmt the name(s) of document signer(s) who personally appear at the time of
notarization.
Mridicate the correct singular or plural forms by crossing off incorrect fonts (i.e,
ho/she/the),, is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
nhe notary seal impression must be clear and photographically reproducible.
Impression must not cover text or Imes. If seal impression smudges, re -seal if a
sufficient area permits, oth crwise complete a different acknowledgment form.
ESignamre of the notary public must match the signature on file with the office of
the county clerk.
I Additional information is not required but could help to ensure this
acknowledgment is notmisused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
St Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
ESSecurely attach this document to the signed document with a staple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On October 11, 2017, before me, Sheila McCourtie , Notary Public,
personally appeared Gennady Chizhik
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) isiare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/heb4heir authorized capacity(ies), and that by his/hen4he4 signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
SHEILANCC60TIE
COMM. p2171734 s WITNESS m hand and official seal.
i Notary Public • California o Y
Orange County
Comm, Es Nes Nov. 13 1020 & Zf'
SlGNATURk
PLACE NOTARY SEAL ABOVE
.............................................................................................................................................................................................................................................................................................................................
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURM COMPANY, a South Dakota corporation, is a duty organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jeffrey R Gryde, David B Sandiford, Individually
of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 19th day of July, 2016.
Suarr'}
� fs WESTERN SURETY COMPANY
? w • C
pV °qq °3
EA`',�±
�QrM OPi<�P
+�•�� aul T. Bruflat, Vice President
State of South Dakota l
ss
Jj
County of Minnehaha
On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
J. MOHRPUB
June 23, 2021
1. Mohr, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this I l th day of October 2017
asuair
��---••' WESTERN SURETY COMPANY
�L$�pVOggij=s
P
�M I1Fas
•xnm
Form F4280-0-2012 L. Nelson, Assistant Secretary
Bond No.: 30003833
Premium: $4,104.00
F*1.wW: k&--1
CITY OF NEWPORT BEACH
BOND NO. 30003833
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $4,104.00 , being at the
rate of $ 10.80 per thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for
Central Ave. Plaza Revitalization 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. (Contract No.: 8197-2)
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 Western Surety Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
Three Hundred Eighty Thousand 00/10ollars ($ 380,000.00 ) lawful money of the United States of
America, said sum being equal to 100% of the estimated amount of the Contract, to be
paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
Page B-1
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 11th day of October 20 17
GMC Engineering, Inc.
Name of Contractor (Principal)
Western Surety Company
Name of Surety
1455 Frazee Road, Suite 801, San Diego, CA 92108 David B. Sandiford, Attorney -in -Fact
Address of Surety Print Name and Title
(619)682-3550
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 10 (V17
By: Com!
Aaron C. Harp 14�
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Page B-2
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of/ Orange }
On 7before me, Rosemarie Geiger
ere insert name and tifle of the officer)
personally appeared David B. Sandiford
who proved to me on the basis of satisfactory evidence to be the person fe}whose
namefe)-is/afe-subscribed to the within instrument and acknowledged to me that
hefsheitheyexecuted the same in his/"a•'..e,,.:e;rauthorized capacityf4r+and that by
his" ,n„eif signature fs4 on the instrument the personjgj, or the entity upon behalf of
which the persofn(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. ROSEMARIE GEIGER
g ; Commission # 2101454
Notary Public - California z
Orange County n
My Comm. Expires Feb 26, 2019
Notary Public Signature a (Notary Public Seal)
AINSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION
'Ihisformco lieswith current Californiastatutesro ch to d' d
(Title a desaiptim of attached document)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
le
❑ Partner(s)
® Attorney -in -Fact
❑ Trustee(s)
❑ Other
rap gar mg no ry wor mg an ,
if needed, should be completed and attached to the document. Acknowledgments
from other states maybe completed for documents being sent to that slate so long
as the wording does not require the California notarylo violate California notary
law.
IUState and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
Ebate of notarization must be the dale that the signer (s) personally appeared which
must also be the same date the acknowledgment is completed.
EIThe notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notarypublic).
I rint the names) of document signers) who personally appear at the time of
notarization.
Mhdicate the correct singular or plural forms by crossing off incorrect forts (i.e.
he/sire/lhi is /ere ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
nhe notary seal impression must be clear and photographically reproducible.
Impression must not cover text or Imes. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
ESignamre of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is nolmisused or attached to a different document.
I❑ Indicate title or type of attached document, number of pages and date.
O Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, militate the title (i.e. CEO, CFO, Secretary).
2015 Version vww..NotaryClasses.com 800-873-9865 QSecurely attach this document to the signed documentwith astaple.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On October 11, 2017, before me, Sheila McCourtie . Notary Public.
personally appeared Gennady Chizhik
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/hen4he4 signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
I-" SHEILA MCCOURTIE
COMM. #2171734 z
Nolay Public • Callfornia o WITNESS my hand and official seal.
Orange County
MY Comm, Wkes Nov. 13, 2020 ��//////// � /�//�� //��//
SIGNATURE jL� &i 2� ' / ,e P
PLACE NOTARY SEAL ABOVE
...........................................................................................................................................................................................................................................................................................................................
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document
Signer(s) Other than Named
umber of Pages:
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Jeffrey R Gryde, David B Sandiford, Individually
of Laguna Niguel, CA, its two and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 19th day of July, 2016.
yUM..' WESTERN SURETY COMPANY
01. vOF115
,pi^�Sn
�'�rhrN OF�dP
..,,..rflaul T. Bmflat, Vice President
State of South Dakota 1
County of Minnehaha
I ss
On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires ,,�meqq J. MOHR
June 23, 2021
J. Mohr, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in Force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 1 I th day of October 2017 .
WESTERN SURETY COMPANY
?E°�VOAq�oi
a
��N UPN
Form F4280-7-2012 L. Nelson, 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
occurrence, two million dollars ($2,000,000) general aggregate and two
GMC Engineering, Inc. Page C-1
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Builders Risk Insurance. For Contracts with property exposures during
construction, Contractor shall maintain Builders Risk insurance or an
installation floater as directed by City, covering damages to the Work for "all
risk" or special causes of loss form with limits equal to 100% of the
completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees, and
volunteers, 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, and
volunteers, shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractors insurance and shall not contribute with it.
GMC Engineering, 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 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
GMC Engineering, Inc. Page C-3
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self-insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
GMC Engineering, Inc. Page C-4
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.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
GMC Engineering, Inc. Page C-5
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 10/9/17 Dept./Contact Received From: Edwin
Date Completed: 10/16/17 Sent to: Edwin By: Jan
Company/Person required to have certificate: GMC Engineering, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION
DATE: 10/1/17— 10/1/18
A.
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++ / XV
C.
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?) N/A
include): Is it included? (completed Operations status does
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes ® No
COMPLETED OPERATIONS ENDORSEMENT (completed
NOTICE OF CANCELLATION: ❑ N/A
0 Yes ❑ No
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
IL AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/17 —10/1/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A-: VII or greater) A++/ XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes ® No
H.
NOTICE OF CANCELLATION: ❑ N/A
0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/17 —10/1/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A++ / XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
10/16/17
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION
Contract No. 8197-2
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
City of Newport Beach
CENTRAL AVENUE PLAZA REVITALIZATION (C-8197-2), bidding on September 26, 2017 11:00 AM (Pacific)
Bid Results
$40,000.00
Bidder Details
Vendor Name
GMC Engineering Inc.
Address
1401 Warner Avenue
1 $42,750.00
Suite B
3 Grading and Drainage
Tustin, CA 92780
United States
Respond"
Gennady Chizhik
Respondee Title
President
Phone
714-247-1040 Ext.
Email
Gennady@gmceng.net
Vendor Type
Lump Sum
License #
$9,750.00
CADIR
Bid Detail
Bid Format
Electronic
Submitted
September 26, 2017 10:31:06 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
117178
Ranking
0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
Bid Submittal Package
BID SUBMITTAL C-8197.2 GMC Engineering Inc.pdf
Bid Bond
Central Ave Plaza Revitalization - Bid Bond.pdf
Line Items
Type Item Code
UOM City Unit Price
Section 1
1 Mobilization / Demobilization
File Type
General Attachment
Bid Bond
Line Total Comment
Page 1
Lump Sum
1 $40,000.00
$40,000.00
2 Selective Demolition and Cleadng
Lump Sum
1 $42,750.00
$42,750.00
3 Grading and Drainage
Lump Sum
1 $23,145.00
$23,145.00
4 Removal and Reinstall of Guardrail
Lump Sum
1 $9,750.00
$9,750.00
5 New Concrete and Special Paving
Lump Sum
1 $107,700.00
$107,700.00
Page 1
City of Newport Beach
Description
License Num
CADIR
CENTRAL AVENUE PLAZA REVITALIZATION (C-8197.2), bidding on September 26, 2017 11:00 AM (Pacific)
Bid Results
583125
1000002174
CONSTRUCTION
Type Item Code
UOM
City
Unit Price
6 Irrigation System
CHINO, CA 91710
Lump Sum
1
$33,810.00
7 Landscape Planting
Paver Plus, Inc
PCC Pavers
Lump Sum
1
$31,345.00
8 Site Furnishings & Acknowledgement Plaque
Downey, CA 90239
Lump Sum
1
$30,000.00
9 Lighting/Electrical System
Buena Vista Landscape, Inc.
Landscape/Irrigation
Lump Sum
1
$45,000.00
10 Project Close Out and Record/As-Built Drawings
Orange, CA 92867
Lump Sum
1
$1,500.00
11 Provide Allowance for Unforeseen Conditions
Lump Sum
1
$15,000.00
Subtotal
Total
Subcontractors
Name & Address
Description
License Num
CADIR
MACADEE ELECTRICAL
Lighting/Electrical
583125
1000002174
CONSTRUCTION
4821 LANIER RD
CHINO, CA 91710
United States
Paver Plus, Inc
PCC Pavers
934121
1000002585
PO Box 39732
Downey, CA 90239
United States
Buena Vista Landscape, Inc.
Landscape/Irrigation
674472
1000004770
1472 N. Harding St
Orange, CA 92867
United States
Line Total Comment
$33,810.00
$31,345.00
$30,000.00
$45,000.00
$1,500.00
$15,000.00
$380,000.00
$380,000.00
Amount Type
$45,000.00
$61,020.00
$65,155.00
Page 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
CENTRAL AVENUE PLAZA REVITALIZATION
CONTRACT NO. 8197-2
DATE: September 12, 2017 BY:
CITY E1111GINEER
TO: ALLPLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
SPECIAL PROVISIONS:
This Addendum No. 1 replaces the Special Provisions with a revised/corrected copy in PDF
format.
Remove. SPECS C-8197-2
Replace with. SPECS C-8197-2 REV
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.
GMC Engineering, Inc.
Bidder's Name (Please Print)
September 12, 2017
Date
Authorized Signature & Title
Gennady Chizhik, President
Wsers:pbw156aretl mnlYac154y`7-18..nenl pmiecb;1400 - parks na r Cors and beaches'bai boa island seawall coping repair - 07066-1 - 15hl 1
176111 pdd..r&dn nd 11100
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 2
CENTRAL AVENUE PLAZA REVITALIZATION
CONTRACT NO. 8197-22�
DATE: September 19, 2017 BY: ✓/I 4,1
CITY fiNGINEER
TO: ALLPLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
ENGINEER'S ESTIMATE
1. DELETE Engineer's Estimate of $265,000 has been REPLACED with Engineer's
Estimate of $280,000.
PROPOSAL
2. ADD Bid Item #11 Provide Allowance for Unforeseen Conditions:
SPECIAL PROVISIONS
3. DELETE Section 6-7 TIME OF COMPLETION in its entirety and REPLACE with
the following:
6-7.1 General. Add to this section: "The Contractor shall complete all work under
the Contract within 46 consecutive working days after the date on the Notice to
Proceed that shall be issued on October 24, 2017. In addition, the Contractor shall
complete all work including site demolition; grading; constructing storm drain
system; all hardscape and flatwork; installing irrigation, lighting electrical system
(conduits, pull boxes, and conductor, and foundations), all trees and site furnishings;
and re -installing the guardrail system in 34 working days. Failure to complete all
work, or the work in the designated areas, within the allotted time will result in
liquidated damages being assessed.
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."
DELETE Section 6-9 LIQUIDATED DAMAGES in its entirety and REPLACE with
the following:
6-9 LIQUIDATED DAMAGES.
Revise sentence three to read: "For each consecutive working day after the times specified
in Sections 6-1 and 6-7-1 (34 working days and 46 working days) for completion of the work,
the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$1,500.00.
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."
5. Section 9-3 PAYMENT. After Bid Item No. 10, ADD the following:
"Item No. 11 Provide Allowance for Unforeseen Conditions: An amount of $15,000.00
is to be included in the Contractor's Bid for unknown or unforeseen field conditions,
as directed and approved by the Engineer. Payment for this item shall be based on
time and materials."
REQUEST FOR INFORMATION
Will the current construction conflict with the Central Avenue Plaza Revitalization
Project, Contract #8197-2?
Answer: No, this project is on schedule to be completed prior to October 10, 2017.
Will the dock be open during construction?
Answer. During Contract #8197-2, access to the Central Avenue Dock via the
gangway must be provided on the weekends from Friday at 4:30 p.m. to Monday at 7:00
a.m. and specked holidays unless otherwise directed by the Engineer
Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 2 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
GMC Engineering, Inc.
Bidder's Name (Please Print)
September 19, 2017
Date
thoraze S n tine & Rll
enna y i r I si en
i'userslpbM0areftontractskfy17.18 current proleclst<00 - parks harbors and oeaches'cenlral averue publ,C per -0-8197.1 17h I Zbldd.og
bccumentsreniral avenue plazataddendum no 2 C-8197-2 doe.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CENTRAL AVENUE PLAZA REVITALIZATION
CONTRACT NO. C 8197-2
INTRODUCTION
SP 1 OF 30
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the attached supplemental provisions (3) the Plans
(Drawing No. P -5243-S Central Avenue Plaza Revitalization); (4) the City's Standard
Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition),
including Supplements; (5) 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. online at:
www.bnibooks.com
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2 ---SCOPE AND CONTROL OF THE WORK
1-2 TERMS AND DEFINITIONS Add to this section "For additional Terms and Definitions,
see Section 01 4200 Reference Standards and Definitions."
2-5.3 SUBMITTALS Add to this section "All submittals shall be transmitted electronically
and be in .pdf format." ."
2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this
contract consists of providing all labor, material, equipment, and supervision as required for
preparing shop drawings; mobilizations/demobilization; providing temporary construction fencing;
distributing construction notices; surveying; grading, preparing as -built drawing; constructing the
contract -specified plaza improvements; and all other items and related services to complete
required the work prescribed in these Contract Documents.
SP 2 OF 30
2-9 SURVEYING
2-9.1 Permanent Survey Markers.
Delete this section and replace with the following: "The Contractor shall, prior to the
beginning of work, inspect the project for existing survey monuments and then schedule
a meeting with the City Surveyor to walk the project to review the survey monuments.
The Contractor shall protect all survey monuments during construction operations. In the
event that existing survey monuments are removed or otherwise disturbed during the
course of work, the Contractor shall restore the affected survey monuments at his sole
expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or
Corner Records with the County of Orange upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or monuments
damaged by the Work."
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.
SP3OF30
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
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, 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."
5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box
or cover is damaged by the Work and is not re -useable, the Contractor shall provide and
install a new pull or meter box or cover of identical type and size at no additional cost to
the City."
5-7 SALVAGED MATERIALS. The Contractor shall salvage existing streetlights,
streetlight poles, conductors, signs, sign posts, parking meter equipment; and irrigation
equipment. Salvaged materials shall be delivered to the City's Utilities Yard at 949 W.
16"' Street. Unless directed otherwise or shown otherwise on the plans, the Contractor
shall make arrangements for the delivery of salvaged materials by contacting, Municipal
Operations Department at (949) 644-3011.
SP 4 OF 30
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.'
Work related to the preparation of the Central Avenue Plaza shall be completed by
December 13, 2017. This work shall include, but not limited to, site demolition;
grading; constructing storm drain system; all hardscape and flatwork; installing
irrigation and lighting systems, all trees and site furnishings; and reinstalling the
guardrail system. To accomplish this, the following schedule shall be maintained:
• Tuesday, October 10, 2017 Council will consider awarding Contact 8197-2.
• The contractor who receives the award shall expedite all required contract
documents, submittals, construction notifications, insurance, bonds, and
contract shall be full executed by October 20, 2107.
• Monday, October 23, 2017, is the anticipated pre -construction meeting with
City staff and contractor (project manager and superintendent).
• Tuesday, October 24, 2017, the 'Notice to Proceed, shall be issued with all
work outlined above completed on December 13, 2017.
• Friday, December 29, 2017 all remaining work items, not related to the
December 13, 2017 deadline shall be completed.
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."
SP5OF30
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
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 1st
(New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday
in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first
Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday
and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas
Eve), December 25th (Christmas), and December 31St (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 am to 4:30 pm,
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 $1500.00
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."
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The intent of this section is to emphasize to the Contractor the importance of prosecuting
the work in an orderly preplanned continuous sequence so as to minimize inconvenience
to residences, businesses, vehicular and pedestrian traffic, and the public as a result of
construction operations."
SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services.
Add to this end of this section: "If the Contractor elects to use City water, he shall
arrange for a meter and tender a $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 quantity charge
for water usage and repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc.
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 on-site.
Delete the first paragraph and add the following: "Construction materials and equipment
may only be stored on site 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 or Newport Harbor. The Contractor
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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 wastewater or storm water runoff from the project site including, but
not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP 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,
7-8.7.2 Steel Plates.
Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards.
In addition, steel plates utilized on arterial highways shall be pinned and recessed flush
with existing pavement surface.
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
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and install signage, barricades, delineators, yellow safety ribbon, and any other measures
deemed necessary by the Engineer to safely direct the public around areas of
construction, and into (and out of) the affected establishments. Such measures shall be
shown on the Detailed Traffic Control Plans (see Section 7-10.3)
7-10.2 Street Closures, Detours and Barricades
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 Contract Manager, at (949) 718-3466 and all
affected property owners.
5. At a minimum, the Contractor shall maintain one lane of traffic in each direction
when completing their work.
6. The Contractor will be allowed to close street to complete the work. The
Contractor shall make special accommodations to provide access for
pedestrians with disabilities in the closed streets.
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."
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Add the following Section 7-10.6: Notice to Residents and Businesses
7-10.6 Notices to Residents and Businesses.
Ten working days prior to starting work, the Contractor shall deliver a construction notice
to businesses and residents within 500 feet of the project, describing the project and
indicating the limits of construction. The City will provide the notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
businesses and residents a second written notice prepared by the City clearly indicating
specific dates in the space provided on the notice when construction operations will start
for each block or street, what disruptions may occur, and approximately when
construction will be complete. An interruption of work at any location in excess of 14
calendar days shall require re -notification. The Contractor shall insert the applicable
dates and times at the time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
Add the following Sections 7-15 and 7-16:
7-15 CONTRACTOR'S LICENSES.
At the time of the award and until completion of work, the Contractor shall possess a
California Contractor's "A" License. At the start of work and until completion of work, the
Contractor and all Sub -contractors shall possess a Business License issued by the City
of Newport Beach.
7-16 CONTRACTOR'S RECORD DRAWINGS.
A stamped set of approved plans and specifications shall be on the job site at all times.
In addition, the Contractor shall maintain "Record" drawings of all work as the job
progresses. A separate set of drawings shall be maintained for this purpose. These
drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill
is submitted. Any changes to the approved plans that have been made with approval
from the Engineer shall be documented on the "Record" drawings.
The "Record" 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
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this time, the material shall be made available to the Engineer. Suitable facilities are to
be provided for access, inspection, and copying of this material.
SECTION 9 ---MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General.
Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on
the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment
and doing all the work, including restoring all existing improvements, to complete the item of work
in place and no other compensation will be allowed thereafter. Payment for incidental items of work
not separately listed shall be included in the prices shown for the other related items of work. The
following items of work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization/Demobilization: Work under this item shall include, but not be
limited to, all labor, materials, equipment and transportation necessary for providing
submittals, bonds, insurance and financing; attending all meetings; establishing a field
office (if necessary); all construction surveying; providing and maintaining 6' high
construction chain link fence with screen, traffic control; preparing the BMP Plan and
construction schedule; and all other work related items as required by the Contract
Documents. This payment item shall include work to demobilize from the project site
including but not limited to site cleanup, removing construction chain link fence and all
USA markings, restoring pavement surfaces to pre -construction conditions and providing
any required documentation as noted in the contract documents
Item No. 2 Selective Demolition and Clearing: Work under this item shall include, but not
be limited to, all labor, equipment and transportation necessary for clearing and grubbing
the existing site improvements, plant materials, irrigations system unclassified materials
as directed by the Engineer, drainage materials, debris, trees and tree roots to a depth of
18 -inches below ground surface as shown on the project drawings; sawcutting concrete
sidewalks, reinforced concrete, and asphalt; disposing of all materials in an authorized
disposal site; and all other related work as required by the Contract Documents.
Item No. 3 Grading and Drainage: Work under this item shall include, but not be limited
to, all labor, materials, equipment and transportation necessary for grading the project
site including fine grading and compaction of the sub -grade in areas to receive surface
paving; furnishing and installing the drainage system; coring and connecting to existing
curb inlet catch basin and all other related work as required by the Contract Documents.
Item No. 4 Remove and Reinstall of Guardrail: Work under this item shall include, but not
be limited to, all labor, equipment and transportation necessary for removing the recently
installed guardrail system mounted over the bulkhead wall while preserving the bolts;
storing the guardrail system and materials safe from damage during the construction
activities; drilling holes in new pavers; reinstalling the guardrail system over the new
concrete pavers using the existing bolts and all other related work as required by the
Contract Documents. The placement of the guardrail system shall use the same surface
connections points with minimum embedment of 4 -inches.
Item No. 5 New Concrete and Special Paving: Work under this item shall include, but not
be limited to, all labor, materials, equipment and transportation necessary for furnishing,
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constructing and installing all concrete, brick, precast concrete, ADA pavers; placing
materials including sub -slabs, grout and brick overlay of the existing concrete wall; placing
and compacting base; restoring brass survey benchmark in accordance with Orange
County restoration requirements; and all other related work as required by the Contract
Documents.
Item No. 6 Irrigation System: Work under this item shall include, but not be limited to, all
labor, materials, equipment and transportation necessary for furnishing and installing the
irrigation system materials and related appurtenances; connecting to existing water and
electrical facilities; excavating and backfilling pipe trenches; installing sleeves beneath
hardscape; testing the irrigation system; maintaining and adjusting the irrigation system
during 90 -day plant establishment period; providing contractor guarantee for the irrigation
system components; and all other work items as required to complete the work in as
required by the Contract Documents.
Item No. 7 Landscape Planting: Work under this item shall include, but not be limited
to, excavating and backfilling of planting pit; placing plant material; providing clean-up
operations within the limits as shown on the contract documents; testing soil and providing
soil amendments; maintaining landscape during 90 -day plant establishment period; and
all other work items as required to complete the work in place per contract documents.
All plant submittals shall include a scaled photograph of each representative plant shown
on the drawings.
Item No. 8 Site Furnishings & Acknowledgment Plaque: Work under this item shall
include, but not be limited to, all labor, materials, equipment and transportation necessary
for installing all site furnishings such as benches, trash receptacles, bike rack and tree
grates; removing, storing and reinstalling exiting bike rack, parking meters, and
surrounding signage; bronze plaques acknowledging people and/or organizations
essential to the Central Avenue project on the brick faced wall at a location designated
by the City after all other construction is completed; and all other work items as required
to complete the work in place as required by the Contract Documents. Note plaque
wording and graphics may change or be removed from this contract at no cost to the City.
Parking meter posts, signs and sign posts shall be inspected upon removal and if suitable
for reuse the contactor will store and reinstall. If parking meter posts, signs and sign posts
are not suitable for reuse the City will supply new materials for contractor to install as part
of this bid item.
Item No. 9 Lighting/Electrical System: Work under this item shall include, but not be
limited to, all labor, materials, equipment and transportation necessary for furnishing and
expanding the electrical system; installing new lighting poles, luminaries, conduits, pull
boxes, fuses, conductors, foundations in the plaza; modifying existing foundations in the
parking lot median; removing and delivering two existing light poles and fixtures to the
City's Utility yard located at 949 W. 16th Street, Newport Beach, 92663 and all other items
to complete work in place per Contract Documents and CNB Standards.
Item No. 10 Project Close Out and Record/As-Built Drawings: Work under this item shall
include, but not be limited to, all costs necessary to provide as -built drawings. These
drawings must be kept up to date and submitted to the Engineer for review prior to request
for monthly progress payment. An amount of $1,500 is determined for this bid item. The
intent of this pre-set amount is to emphasize to the Contractor the importance of as -build
drawings.
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Add this Section
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."
PART 2
CONSTRUCTION MATERIALS
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
SECTION 201 - CONCRETE. MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Add to this section: Portland Cement concrete for construction shall be Class 560-C-3250
unless otherwise specified on the contract documents or approved by the Engineer.
201-1.2 Materials
201-1.2.1 Cement
Add to this section: Cement shall be Type IIA/ Portland Cement.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Add to this section:
All concrete reinforcing bars shall be Grade 60 epoxy -coated according to ASTM A775
latest revision with 2 -inch minimum cover unless shown otherwise on the plans. All
concrete reinforcing wire shall be epoxy coated according to ASTM A884 latest revision.
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All epoxy coated rebar patching material shall be compatible with the coating material,
inert in concrete, meet the requirements of Annex Al of ASTM A775, and obtained from
the manufacturer of the epoxy resin that was used to originally coat the rebars.
Ship epoxy -coated rebars with only plastic tags secured to rebars by nylon or plastic ties.
201-7 NON -MASONRY GROUT
201-7.2 Quick Setting Grout
Add to this section: The Contractor shall grout the area between an existing reinforced
concrete structure and the new storm drain pipe with a quick setting grout.
PART 3
CONSTRUCTION METHODS
SECTION 300 ---EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General.
Add to this Section:
"In addition to the work outlined in Section 300-1, "Clearing and Grubbing," of the
Standard Specifications, the following items of work are included under Clearing and
Grubbing unless otherwise covered by a specific bid item:
a) Removal and disposal of all vegetation, trash and other objectionable material from
the affected portion of the project site.
b) Maintain dust control at all times by watering, including developing a water supply
and furnishing and placing all water required for work done in the Contract,
including water used for extra work.
c) Protection and maintenance of existing improvements, including utilities, trees,
plants, irrigation, including temporary capping of facilities as required during
construction, fences, walls and other facilities within the construction zone, except
those specifically shown on the Plans or directed by the Engineer to be removed
or relocated.
d) Maintenance of the site in a neat and orderly condition throughout the construction
period and clearing and removal of debris from site of work.
e) Removal of all USA mark -outs.
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f) Trimming of trees for the Contractor's convenience shall be at the Contractor's
expense and shall be subject to prior approval of the Engineer.
g) Items to be salvaged shall be removed in a manner as to not damage them. Upon
removal, Engineer will review condition of salvaged material and direct to
Contractor to either deliver the salvaged material City's Utilities Yard at 949 West
16th Street, another location with the City, or to dispose of off-site. The Contractor
shall make arrangements for the delivery of salvaged materials the City Utilities
Yard by contacting the City of Newport Beach Utilities Division at (949) 644-3011.
h) In the event that a cultural or paleontological resource is exposed during ground
disturbing activities, construction activities (e.g. grading, grubbing, or vegetation
clearing) should be halted immediately near the discovery and the Contractor shall
information the Engineer.
i) Per State of California Health and Safety Code Section 7050.5, if human remains
are discovered during ground disturbances, all construction activities shall be
halted immediately near the discovery and the Contractor shall inform the
Engineer. Construction activities may not resume until the Coroner has made a
determination of origin and disposition pursuant to PRC Section 5097.98."
Add to this section: .
300-1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City approved
Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved
haulers can be provided upon request or be found on the City's website at:
http://newportbeachca.gov/index.aspx. page=157 and then selecting the link Franchised
Haulers List."
Add the following Section 301.5 Solid Waste Diversion
300-1.5 Solid Waste Diversion.
Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed
of at a facility that crushes such materials for reuse. Excess soil and other recyclable
solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
PART 4
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400-2 UNTREATED BASE MATERIALS
400-2.1 General
400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed
miscellaneous base as the base materials."
PART 8 - LANDSCAPING AND IRRIGATION
SECTION 800 — MATERIALS
800-1 LANDSCAPING MATERIALS.
800-1.1 Topsoil. Delete Section
800-1.2 Soil Fertilizing and Conditioning Materials.
800-1.2.1 General.
800-1.2.2 Manure. Delete section.
800-1.2.3 Commercial Fertilizer. Delete the entire paragraph and substitute with the
following:
Commercial fertilizer shall have a guaranteed chemical analysis of 6 percent
nitrogen, 2 percent phosphoric acid, 4 percent water soluble potash, 5 percent
sulfur and 20% humic acid. Tri -C Soil Conditioner/Fertilizer or approved equal.
Deliver fertilizer in standard bags, marked with weight, analysis, and name of
manufacturer. Keep in dry storage.
Submit 5 copies of manufacturer's printed literature for each product.
800-1.2.4 Organic Soil Amendment. Type 1. After the first paragraph add the following -
delete paragraphs 2 & 3:
Redwood sawdust shall be free of shavings or particles of other woods such as fir
or pine, supplied in bulk and .5% nitrogen stabilized by standard techniques. An
acceptable substitute for above would be nitrogen stabilized fir or cedar sawdust
ground to 0-1/4" particle size - 1.0% Nitrogen stabilized.
Salinity shall not exceed 3.5 millimhos per centimeter at 25 degrees centigrade.
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800-1.2.5 Mulch. Revise section to read: Mulch shall be designated as Type 1 and in
accordance with the requirements herein. Mulch shall be packaged in bales or
bags unless the Engineer approves a bulk source in advance of delivery to the
Work site.
a) Type 1 mulch (ground wood product), shall conform to Type 1
organic soil amendment.
800-1.2.6 Soil Conditioning. Add the following paragraph:
Iron Sulfate. Iron sulfate shall be ferric sulfate or ferrous sulfate in pelleted or
granular form, containing not less than 18.5 percent iron expressed as metallic iron
and shall be registered as an agricultural mineral with the State Department of
Agriculture in compliance with Article 2, "Fertilizing Materials," Section 1030 of the
Agricultural Code.
800 -1.2.7 -Weed Abatement Cycle. Add the following paragraph:
After soil preparation and establishment of final grades prior to any planting, the
Contractor shall irrigate thoroughly for a period of time, two to three weeks, until
the weed seeds have germinated. When there is sufficient weed seed
germination, the Contractor shall apply a post -emergent contact herbicide
according to the directions of the manufacturer, conforming to any and all codes
affecting herbicide handling and use. Contractor shall repeat this "grow -and -kill"
weed control cycle for a minimum of two (2) times, until weed has been eliminated
to the satisfaction of the Engineer.
The Contractor shall then wait an additional two (2) weeks to allow the herbicide
to dissipate, then plant as indicated in the plans and specifications.
The Contractor shall remove any residual foliage. Roots shall be removed except
on slopes 2:1 or greater where they shall remain to add to the slope's stability.
In order to apply an unrestricted herbicide (e.g. Roundup Pro, Rodeo), the
Contractor must have a Pest Control Business License, which requires that at least
one individual employed by the Contractor be in possession of a Qualified
Applicator's License (QAL). If a qualified applicator is not present during treatment,
all applicators must have undergone documented herbicide application training.
All licenses must be issued by the State of California, be registered by the County
of Orange, be of current status, and have been reviewed and approved by the City
of Newport Beach, City Engineer, prior to construction. Only an Environmental
Protection Agency and City of Newport Beach -approved herbicide may be used
for the grow/kill cycle. A City of Newport Beach approved brightly colored dye shall
be used in all applications. The dye shall be mixed with the herbicide at an
approved City of Newport Beach rate. Spraying shall be conducted only when
weather conditions are conducive for effective uptake of the herbicide by the
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targeted species, and when wind conditions are such that herbicide drift is
nonexistent. During herbicide application, protection or avoidance of nontargeted
species is required. Any nontarget species lost within the project site due to
intentional or unintentional application of herbicide shall be replaced as deemed
necessary, and at the direction of the engineer.
0800-1.3 Seed. Delete section
800-1.4 Plants.
800-1.4.1 General. Revise section to read: Plants shall have a growth habit normal to
the species and shall be sound, healthy, vigorous and free from insect pests, plant
diseases, sun scalds, fresh bark abrasions, excessive abrasions, or other
objectionable disfigurements. Plants shall have normal well-developed branch
systems, and vigorous and fibrous roots systems which are neither root -nor pot-
bound and are free of kinked or girdling roots.
800-1.4.2 Trees. Per contract drawings.
800-1.4.3 Shrubs. Per contract drawings.
800-1.4.4 Flatted Plants. Per contract drawings.
800-1.4.5 Sod and Stolons (tun` grass). Delete section.
800-1.4.6 Cuttings. Delete section
800-1.5 Headers, Stakes, and Ties. Add: Delete section.
800-1.5.1 General. Delete section
800-1.5.2 Headers and Stakes. Delete section.
800-1.5.3 Tree Stakes. Per contract drawings.
800-1.5.4 Samples. Add section to read: Within 15 days of award of contract, submit one
sample of each item and two copies of manufacturer's technical data for approval. Submittals
shall include scaled photographs of each representative plant noted on the drawings.
800-2 IRRIGATION SYSTEM MATERIALS.
800-2.1 Pipe and Fittings.
800-2.1.1 General. .
800-2.1.2 Steel Pipe. Delete section.
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800-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings. At
end of first paragraph, add section to read: Pipe shall be purple in color for reclaimed
water applications
800-2.1.4 Plastic Pipe for Use with Rubber Ring Gaskets. Delete section.
800-2.1.5 Copper Pipe. Per contract drawings.
800-2.2 Valves and Valve Boxes. Per contract drawings.
800-2.2.1 General. Per contract drawings.
800-2.2.2 Gate Valves. Per contract drawings.
800-2.2.3 Manual Control Valves. Per contract drawings.
800-2.2.4 Remote Control Valves. Per contract drawings.
800-2.2.5 Garden Valves. Delete section.
800-2.2.6 Quick -Coupling Valves and Assemblies. Per contract drawings.
800-2.2.7 Valve Boxes. Per contract drawings.
800-2.3 Backflow Preventer Assemblies. Per contract drawings.
800-2.4 Sprinkler Equipment. Revise section to read: Spray heads shall be of the
types and sizes shown on the Plans. Equipment of one type and flow characteristic
shall be from the same manufacturer and all equipment shall bear the
manufacturer's name and identification code in a position where they can be
identified in the installed position. Equipment shall have identification for reclaimed
water use.
800-2.5 Action Submittals. Product Data: For each type of product indicated, include
rated capacities, operating characteristics, electrical characteristics, and furnished
specialties and accessories.
800-3 ELECTRICAL MATERIALS. Per contract drawings.
801-1 GENERAL. After the last paragraph add the following:
All existing landscape areas disturbed by the Contractor as part of or as a result of
the work shall be prepared and replanted. Existing irrigation in the park shall be
repaired and restored to operating condition to the satisfaction of the Engineer prior
to planting.
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801-2 EARTHWORK AND TOPSOIL PLACEMENT.
801-2.1 General. Add the following paragraph:
Moisture Content: No soil preparation or work shall occur when the moisture
content is so great that excessive compaction will occur, nor when it is so dry that
dust will form in the air or that clods will not break readily. Apply water, if
necessary, to provide ideal moisture content for tilling and for planting as herein
specified.
801-2.2 Topsoil Preparation and Conditioning.
801-2.2.1 General. Revise section to read: Planting areas shall be free of weeds and
other extraneous materials to a depth of 12 inches (300 mm) below finish grade
before topsoil work.
Soil shall not be worked when it is so wet or so dry as to cause excessive
compaction or the forming of hard clods or dust.
801-2.2.2 Fertilizing and Conditioning Procedures. Add after the second
paragraph:
For all Planting Areas: Uniformly broadcast soil amendments and fertilizer in
planting areas and work in 6-8 inches by means of a rototiller, or equal, to attain
uniform blends of the following:
Item Rate per 1000 Sq. Ft.
Nitrogen -fortified Organic Amendment 4 CY
Calcium Carbonate Lime 100 lbs.
10 lbs
Ammonium Sulfate (21-0-0) 7 lbs
801-2.3 Finish Grading.
801-3 Header installation. Delete section.
801-4 PLANTING.
801-4.1 General. Add the following: The Contractor shall notify the Engineer at least 48
hours in advance of needed inspections.
801-4.2 Protection and Storage. Add the following paragraph: Regularly water all
nursery stock in containers and place them in a cool area protected from sun and drying
winds.
SP 20 OF 30
Do not allow plants to dry out before or during planting operations. Keep exposed
roots moist by means of wet sawdust, peat moss or burlap at all times during
planting operations. Do not expose roots to the air except while being placed in
the ground. Wilted or diseased plants, whether in place or not, will not be accepted
and shall be replaced at the Contractor's expense.
801-4.3 Layout and Plant Location. Add the following paragraphs: Remove all plants
from their containers and set so that, when settled, they bear the same relation to
the required grade as they bore to the natural grade before being transplanted.
Plant each plant in the center of the pit and backfill with prepared soil. Do not use
soil in muddy condition for backfilling. Do not fill around trunks or stems. Cut off
all broken or frayed roots.
In the event that underground construction work or obstructions are encountered
in the planting operations, alternate locations for plant material will be selected by
the Engineer. Operation will be done at no extra cost to the City.
No plant material shall be planted until finish grades have been inspected and plant
material has been "spotted" and approved for proper location. Plant pits must be
dug and inspected before planting. Before "spotting" plant material, the sprinkler
system shall be turned on long enough to "flood" the areas to determine proper
surface drainage. If, due to gradient, the Engineer considers this operation
unnecessary, the Contractor shall so inform the Engineer.
Failure of the Contractor to notify the Engineer for the inspections and approval
before proceeding with any of the above items shall make the Contractor liable at
his own expense to make any changes and/or corrections to the work as directed
by the Engineer.
801-4.4 Specimen Planting. Delete section
801-4.5 Shrub Planting. Replace planting requirements with the following: All planting
procedures shall conform to the applicable Standard Drawings as designated in
the contract documents.
Fill holes with native backfill with no amended mixture of additional
materials. Place slow-release fertilizer tablets in the upper 12 inches of
backfill per the planting details.
2. All plants shall be planted immediately after containers are cut for removal,
or after plants are removed from plastic containers. Containers shall not be
cut prior to delivery of the plants to the planting area.
3. Set plant in upright position in the center of the hole and compact the backfill
mixture around the ball or roots.
SP 21 OF 30
4. Plants shall not be placed in dry soil. Soil in a muddy condition shall not be
used for backfilling. Fill all pits with water and allow to leach out before
adding the native soil for backfill.
5. After watering, backfill the remainder of the hole and tamp the soil in place
until the surface of the backfill is level with the surrounding area and the
crown of the plant is at the finished grade of, or slightly above the
surrounding area.
6. After backfilling, an earthen basin shall be constructed around each plant.
Each basin shall be of a depth sufficient to hold at least six inches of water.
Basins shall be the same size as the container size of each individual plant.
The basins shall be constructed of native soil material.
7. Immediately after planting, apply water to each shrub by means of a hose.
Apply water in a moderate stream in the planting hole until the material
about the roots is completely saturated from the bottom of the hole to the
top of the ground.
8. Apply water in sufficient quantities and as often as seasonal conditions
require to keep the planted areas moist at all times, well below the root
system of grass and plants. Generally, water each day for seven (7) days
in cool seasons; for fourteen (14) days in hot weather.
9. Pruning - Pruning shall be limited to the minimum necessary to remove
injured twigs and branches, and to compensate for loss of roots during
transplanting, but pruning shall never exceed one-third of the branching
structure. Pruning may not be done to the plants before delivery to the site.
801-4.6 Plant Staking and Guying. Delete section
801-4.6.1 Method "A" Tree Staking. Delete section
801-4.6.2 Method "B" Tree Staking. Delete section.
801-4.6.3 Guying. Delete section.
801-4.7 Ground Cover and Vine Planting. Delete section.
801-4.8 Lawn Planting.
801-4.8.1 General.
801-4.8.2 Seed. Delete section.
801-4.8.3 Sod.
SP 22 OF 30
801-4.8.4 Stolon Planting. Delete section.
801-4.9 Erosion Control Planting. Delete section.
801-4.9.4 Sprigging. Delete section.
801-4.9.5 Watering. Add the following: It shall be Contractor's responsibility to maintain
a balanced watering program to ensure proper growth until final acceptance of the
work. Contractor to water a min. of once a week.
801-5 IRRIGATION SYSTEM INSTALLATION.
801-5.1 General. Add to this section: Per the direction of the Engineer, prior to
construction, the Contractor, in coordination with the City, shall perform all shut down of
irrigation water facilities as required within the limits of work. All existing irrigation systems
outside the limits of work shall remain fully functional and operational. If it is necessary to
shut down the irrigation system outside of the limits of work, then the Contractor shall
continue to water the area manually throughout the duration of the shutdown. The
Contractor shall provide the Engineer advanced notice a minimum of seven calendar days
prior to the time he desires the shutdown of water facilities to take place.
801-5.2 Trench Excavation and Backfill. Replace the last paragraph with the
following:
The trenches shall not be backfilled until all required tests are performed.
Trenches shall be carefully backfilled with the excavated materials approved for
backfilling, consisting of earth, loam, sandy clay, sand, or other approved
materials, free from large clods of earth or stones. Backfill shall be mechanically
compacted in landscaped areas to a dry density equal to adjacent undisturbed soil
in planting areas. Backfill will conform to adjacent grades without dips, sunken
areas, humps, or other surface irregularities.
Flooding of trenches shall not be permitted.
If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads,
lawn or planting, or other construction are necessary, the Contractor shall make
all required adjustments without cost to the City.
801-5.3 Irrigation Pipeline Installation.
801-5.3.1 General.
801-5.3.2 Steel Pipeline. Delete this section
SP 23 OF 30
801-5.3.3 Plastic Pipeline.
801-5.3.4 Copper Pipeline. Delete this section
801-5.4 Installation of Valves, Valve Boxes, and Special Equipment.
801-5.5 Sprinkler Head Installation and Adjustment.
801-5.5.1 General.
801-5.5.2 Location, Elevation, and Spacing.
801-5.5.3 Riser and Nozzle Line Installation.
801-5.5.4 Sprinkler Head Adjustment.
801-5.6 Automatic Control System Installation.
801-5.7 Flushing and Testing.
801-5.7.1 General.
801-5.7.2 Pipeline Pressure Test.
801-5.7.2.1 General
801-5.7.2.2 Method A.
801-5.7.2.3 Method B.
801-5.7.3 Sprinkler Coverage Test.
801-5.7.4 Operational Test.
801- PLANT ESTABLISHMENT. Delete the entire text and insert in its place the
following:
801-6.1 General Requirements
Maintain all areas within the work limits of the contract on a continuous basis
until final acceptance.
Furnish all labor, equipment, materials, tools, services, and special skills
required to perform the landscape maintenance as set forth in these
Specifications and in keeping with the highest standards of quality and
performance.
SP 24 OF 30
801-6.1.1 Scope of Work. Maintenance shall include continuous maintenance of
planting area. Maintenance of plant material shall include, but not be limited
to watering, mowing, fertilization, weed control, and pest control. It is
expected that these maintenance practices will keep each site in a state of
healthy, vigorous growth. If the Contractor observes any turf that appears
to be declining due to causes that are beyond his control, he must notify the
Engineer in writing within 48 hours of observance. The Engineer will
investigate, and if in agreement, will provide Contractor with written
validation thereby releasing the Contractor of replacement responsibility.
Landscaped areas will be maintained in a vigorous, healthy, and stress -free
condition at all times.
Failure by the Contractor to immediately take corrective action to eliminate
plant stress due to i.e., lack of water, insect infestation, etc., will result in
penalties assessed against the Contractor.
The City reserves the right to require the Contractor to apply plant dye within
24 hours of notification to landscape that has been stressed due to
Contractor's neglect. The dye will be applied at no extra charge to the City.
801-6.1.3 Maintenance Function Report. Maintain and keep current a report form
that records all ongoing and, and maintenance functions performed on a
daily basis by Contractor's personnel.
801-6.1.4 Personnel
(a) General. Provide sufficient personnel to accomplish the work within the
allotted time frames as indicated in this Specification. Immediately notify
the Engineer when the work force has been removed from the job site
due to inclement weather, or other reasons.
Additional Personnel. The Engineer reserves the right to require the
Contractor to provide additional landscape personnel and equipment at
no additional cost to the City in the event the Contractor fails to adhere
to the maintenance schedule or provide and perform landscape work as
specified herein the General Requirements and Maintenance
Specifications of the contract.
Supervisor. Provide an English-speaking supervisor who is fully trained
in all maintenance responsibilities for the areas. This supervisor shall be
onsite at all times while work is being performed.
Dress Code. Employees shall present a neat, well-groomed appearance
at all times. Hair (including facial hair) shall be maintained in a neat, well-
groomed fashion. Employees with tattoos and/or body piercing that are
SP 25 OF 30
determined by the Engineer to be objectionable shall be immediately
replaced with a satisfactory employee.
(b) Conduct. Employees shall act in a courteous, professional manner at all
times while working on the project. Every effort shall be made to perform
the work while creating minimum disturbance to the citizens. Any
employee who is determined by the Engineer to be incompetent,
disorderly, intemperate, or otherwise objectionable shall be immediately
removed from the project and replaced with a satisfactory replacement.
801-6.2 Start of Plant Establishment
801-6.2.1 General. After all work indicated on the plans and herein specified has
been completed, inspected and approved by the Engineer the plant
establishment period will start.
In order to carry out the work, the Contractor shall maintain a sufficient
number of men and adequate equipment to perform the work herein
specified from the time any planting is done until the final approval.
If at any time the Contractor is not performing plant establishment work the
establishment period shall be suspended and not restarted until all
deficiencies have been corrected to the satisfaction of the Engineer. No
payments will be made for work required during the suspended period and
the period shall be extended by the length of time of the suspension.
801-6.2.2 Criteria for Start of Plant Establishment Period. The maintenance
and plant establishment period shall not start until all elements of the project
that impact the landscape are completed in accordance with the contract
documents.
801-6.2.3 Inspections. A written notice requesting an inspection should be
submitted to the Engineer at least 48 hours prior to the anticipated date.
Prior to start of the plant establishment period, the Contractor will be
required to have a complete inspection and approval of all landscape
construction items.
An inspection shall be scheduled at intervals during the landscape
establishment period.
801-6.3 Maintenance Tasks
During the contract period provide all watering, mowing, weeding, fertilizing,
cultivation and spraying necessary to keep the turf in a healthy growing
condition and to keep the planted areas neat and attractive. All shrubs
SP 26 OF 30
planted by Contractor shall be pinched and pruned as necessary to
encourage new growth and to eliminate rank sucker growth as approved by
the Engineer. Do not prune trees without written approval of the Engineer.
801-6.4 General Maintenance
a) Remove trash weekly.
b) Exterminate vertebrate pest's gopher, mole, etc., and repair damaged
areas, as required.
801-6.5 Weed Control
801-6.5.1 Eradicate all noxious weeds from site
801-6.6 Replacement Plantings
During the plant establishment period, all plant materials shall be in a
healthy, growing condition and spaced as indicated on the Plans. All turf
that shows signs of failure to grow at any time during the life of the contract
or those plants injured or damaged from any cause, including vandalism, as
to render them unsuitable for the purpose intended shall be immediately
replaced in kind and size at the expense of the Contractor.
801-6.7 Fertilization
Make two applications of commercial fertilizer with 8 lbs Tri -C Humate 6-2-
4 w/ 5% S per 1000 sq. ft. square feet at the following periods: (The
fertilization must be observed by the Engineer)
Thirty (30) calendar days after the 90 -day establishment period has
begun.
• Just prior to the end of the 90 -calendar day establishment period.
801-6.8 Planting Establishment
All planting areas that do not show a prompt establishment of plant material,
and areas where plant material is missing, shall be replanted at 10 -day
intervals until the plant material is established. If a good rate of growth has
not been demonstrated within 30 days of sodding, Contractor shall be
responsible to determine the appropriate horticultural practices necessary
to obtain good growth. Contractor shall obtain agronomic soils testing of all
areas not showing good growth and shall provide copies of the test results
to the Engineer to verify the appropriateness of all maintenance work
performed. If additional soil amendments are needed, up to a maximum 25
percent beyond the application rate specified, Contractor shall provide such
amendments at no additional cost to City.
801-6.9 Grading and Drainage
SP 27 OF 30
During the plant establishment period all flow lines shall be maintained to
allow for free flow of surface water. Low spots and pockets shall be graded
to drain properly.
801-6.9.1 Damage to planting areas shall be repaired immediately and throughout
the plant establishment period.
All litter and debris generated during the performance of this contract shall
be removed from the site the same day it is generated and disposed of off-
site in the proper manner at the Contractor's expense.
Papers, plant clippings, animal feces, and other debris shall be removed
from sidewalks and other hard surfaces immediately following each
maintenance function.
At no time shall paper, plant clippings, or other debris be blown or swept
from the landscaped areas and/or hard surfaces onto private property,
storm drains or public streets.
801-6.10 Disease and Pest Control
a) Throughout the plant establishment period, all plants shall be
maintained in a disease and pest free condition. A licensed pest control
operator shall be retained by the Contractor to recommend and apply all
pesticides, herbicides, and fungicides. Exterminate gophers, moles, and
all other rodents, and repair damage. The Contractor shall be
responsible for detecting diseases and pests as soon as their presence
is manifested. The contractor shall take immediate action to identify the
disease and/or pest and apply such remedies as are necessary to
control the infestation. The contractor shall remove all rodents, taking
control measures immediately upon discovery.
b) Pesticides. All materials shall be in strict accordance with and applied
within the Standards set forth in the EPA regulations and the California
food and Agricultural Code.
Pesticides shall be selected from those materials which
characteristically have the lowest residual persistence. Use of
emulsifiable concentrates shall be used when possible to limit
windblown particles. The use of adjuvants will be utilized to increase
pesticide efficiency thereby reducing the total amount of technical
material required to gain control.
Contractor is responsible for obtaining all required permits, and
maintaining the required usage documentation with copies sent to the
Engineer.
SP 28 OF 30
Pesticides shall be applied at times which limit the possibility of
contamination from climatic and other factors. Early morning application
shall be made when possible to avoid contamination from drift.
Applicator shall monitor forecast weather conditions to avoid making
application prior to inclement weather to eliminate potential runoff from
treated areas.
All pesticide applications shall be in accordance with written
recommendations provided by a licensed pest control advisor (PCA)
with application performed by a licensed qualified applicator (QAC) with
copies of the written recommendations sent to the City Engineer.
Spray equipment shall be in good operating condition, quality, and
design to efficiently apply material to the target area. Drift will be
minimized by avoiding high-pressure application and using water-
soluble drift agents.
Care shall be taken in transferring and mixing pesticides to prevent
contaminating areas outside the target area. Application methods shall
be used which ensure that materials are confined to the target area.
Spray tanks containing leftover materials shall not be drained on the site
to prevent contamination. Disposal of pesticides and tank rinsing
materials shall be within the guidelines established in the California Food
and Agricultural Code or EPA regulations.
c) Rodent Control. Continuously control all rodents within the boundaries
of the project. Damage as a result of rodent activity shall be repaired at
the Contractor's expense.
801-6.12 End of Plant Establishment Period
801-6.12.1 Request for Inspection. When Contractor believes the plant
establishment period is complete, and the project is ready for final
acceptance, the Contractor shall request inspection of the project. The
Engineer will not inspect the project for final acceptance until all deficiencies
are corrected.
801-6.12.2 Written Acceptance. Final acceptance and assumption of
maintenance responsibilities by City shall occur only upon the Engineer's
written acceptance of the project for maintenance by the City.
801-6.13 Clean Up
801-6.13.1 Remove surplus materials from the site and leave premises in a neat
and clean condition each day.
SP 29 OF 30
801-6.13.2 Remove all tags and labels from all plant material only after the
approval of the Engineer.
801-6.13.3 Prior to acceptance of the project for maintenance, clean up and
remove all remaining debris and surplus materials, leaving the premises
neat and clean.
801-7 MEASUREMENT.
801-8 PAYMENT.
Add the following:
801-8.1 Guarantee.
801-8.1 Contractor Guarantee
All landscape installed under the contract shall be guaranteed for a period of 90
days against any and all poor, inadequate, or inferior materials, and/or
workmanship, for the noted period following the date the Project Notice of
Completion is filed with the County Recorder. During the guarantee period,
irrigation system components, any landscape planting found to be dead, missing,
or in poor condition shall be replaced by the Contractor within 10 days of written
notification. The Engineer shall be the sole judge as to the condition of the
materials. Replacement shall be made in accordance with City standards;
replacement shall be same size, and kind as originally installed. Landscape
materials shall be furnished, planted, and fertilized as specified and guaranteed
within these documents. Contractor shall provide material and labor involved in
replacing landscape and irrigation system at no additional cost to the City.
The Guarantee form shall be re -typed onto the Contractor's letterhead and contain
the following information:
GUARANTEE FOR LANDSCAPE PLANTING
All plant material installed under the Contract shall be guaranteed against any and
all poor, inadequate or inferior materials, repair or replace any defects in material
or workmanship, which may develop during the 90 day period from the date the
Project Notice of Completion is filed with the County Recorder.
Any materials found to be dead, missing, or in poor condition as determined by the
Engineer, during the Establishment Phase shall be replaced immediately, not at
the end of the Establishment Phase prior to inspection. The Engineer shall be the
sole judge as to the condition of material. Material to be replaced within the
SP 30 OF 30
guarantee period shall be replaced by the Contractor within seven (7) days.
GUARANTEE FOR LANDSCAPE IRRIGATION
The guarantee for the irrigation system shall be made in accordance with the
attached form. The general conditions and supplementary conditions of these
specifications, if any, shall be filed with the Engineer prior to acceptance of the
irrigation system.
A copy of the guarantee form shall be included in the Operations and Maintenance
Manual.
The beginning date of the one-year guarantee shall be from the written final
acceptance date established by the Engineer at the end of the Maintenance
Phase. The guarantee form shown below shall be re -typed onto the Contractor's
letterhead and contain the following information:
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the irrigation system we have furnished and installed
is free from defects in materials, equipment and workmanship, and the work has
been completed in accordance with the drawings and specifications. We agree
to repair or replace any defects in material equipment or workmanship which may
develop during the period of one year from the date of acceptance. We also
guarantee to repair or replace any damage resulting from the defects, or the
repairing or replacing of such defects at no additional cost to the City. We shall
make such repairs or replacements within a reasonable time as determined by
the Engineer after receipt of written notice from the Engineer. All repair work shall
completed to the satisfaction of the Engineer. In the event of our failure to make
such repairs or replacements within a reasonable time after receipt of written
notice from the Engineer, we authorize the Engineer to proceed to have said
repairs or replacements made at our expense. We will pay the costs and charges
therefore upon demand. Any temporary repairs made by others to keep the
irrigation system operable, does not void or relieve the Contractor of his
responsibilities during the guarantee period.
PROJECT:
ADDRESS:
LOCATION:
SIGNED:
ACCEPTANCE:
SIGNED:
PHONE: