HomeMy WebLinkAboutC-8901-1 - Contract for the Improvement of Public Work Jamboree Road and University Drive 16-Inch Valve Replacement0
CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE REPLACEMENT
' WITH GCI CONSTRUCTION, INC.
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract") is
made and entered into as of this 4th day of August, 2022 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and GCI Construction, Inc., a California corporation ("Contractor"), whose principal place of
business is 1031 Calle Recodo, Suite D., San Clemente, California 92673, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform the work necessary for the
completion of this contract, including traffic control, removal of existing deteriorated
valves and interfering portions of existing pipe, fittings, concrete thrust block and
appurtenances, installation of (3) new 16-inch RWGV's, piping and fittings,
potholing, excavation, shoring, dewatering, backfilling, pavement restoration, and
striping, as more fully described in the Contract Documents ("Project").
C. City has solicited and received a proposal from Contractor and desires to retain
Contractor to render services under the terms and conditions set forth in this
Contract.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, and is familiar with all
conditions relevant to the performance of services and has committed to perform
all work required for the price specified in this Contract over a period of 15
Consecutive days commencing upon issuance of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on August 1, 2023, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, and
Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached hereto
as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials
Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto
as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings,
Plans and Special Provisions for Contract No. 8901-1; Standard Specifications for Public
Works Construction (current adopted edition and all supplements); and this Contract, and
all modifications and amendments thereto (collectively the "Contract Documents").
Exhibits A, B, C, D and E, and all other named Contract Documents, 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.
2.2. 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
as identified in the Contract Documents ("Work" or "Services").
2.3. All of the Work to be performed and materials to be furnished shall be in
strict accordance with the provisions of the Contract Documents. Contractor is required
to perform all activities, at no extra cost to City, which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract and
Contractor shall complete the Work within 15 Consecutive days from the date of issuance
of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in
termination of the Contract by City and assessment of damages as outlined in Section
3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for in
this Contract within 15 Consecutive days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One
Thousand Dollars ($1,000.00) for each calendar day beyond the date scheduled for
completion.
4. COMPENSATION
4.1. As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of One Hundred Nineteen Thousand Five Hundred Dollars
($119,500.00), less any money deducted pursuant to Section 3.2. Contractor shall not
receive any additional compensation unless approved in writing in advance by City's
Project Administrator as defined herein. City shall make full payment to Contractor no
later than thirty (30) calendar days after acceptance of the Work by City.
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4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. 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.
5. 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 Alan Aristondo 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.
6. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Director
of Public Works, 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 Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall not
be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Contract, and that it will perform all Work in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances.
7.4. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
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Contract, all applicable federal, state and local laws, and legally recognized professional
standards.
7.5. Contractor represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. 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.
8.3. 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.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
9.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3. 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'
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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).
9.4. 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.
9.5. 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.
9.6. 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.
9.7. 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.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. 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.
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11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to ensure
the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. BONDING
14.1. 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 E 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 D and incorporated herein by reference.
14.2. 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.
14.3. 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.
15. 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 this Contract, policies of insurance of the
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type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not
less than the general prevailing rate of perdiem wages including legal holidays and overtime
Work for each craft or type of workman needed to execute the Work contemplated under
the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract by the Contractor and any subcontractor. In accordance with the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the
general prevailing rate of perdiem wages in the locality in which the Work is to be performed
for each craft, classification, or type of workman or mechanic needed to execute the
Contract. A copy of said determination is available by calling the prevailing wage hotline
number (415) 703-4774, and requesting one from the Department of Industrial Relations.
The Contractor is required to obtain the wage determinations from the Department of
Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall
be the obligation of the Contractor or any subcontractor under him/her to comply with all
State of California labor laws, rules and regulations and the parties agree that the City shall
not be liable for any violation thereof.
17. PREVAILING WAGES
If both the Davis -Bacon Act and State of California prevailing wage laws apply and
the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or co -tenant 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.
19. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project are
identified in the Proposal attached as Exhibit B. 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
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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.
20. OWNERSHIP OF DOCUMENTS
20.1. Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Contract, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by City
or others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Contractor
will be at City's sole risk and without liability to Contractor. Further, any and all liability
arising out of changes made to Contractor's deliverables under this Contract by City or
persons other than Contractor is waived against Contractor and City assumes full
responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
21. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this Contract. All
such records and invoices shall be clearly identifiable. Contractor shall allow a
representative of City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Contractor shall allow inspection of all Work,
documents, proceedings and activities related to the Contract for a period of three (3) years
from the date of final payment to Contractor under this Contract.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or designee with respect to such disputed sums. Contractor
shall be entitled to receive interest on any withheld sums at the rate of return that City earned
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on its investments during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
23. CONFLICTS OF INTEREST
23.1. Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2. If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
24. NOTICES
24.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor 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.
24.2. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at-
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3. All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Alan Aristondo
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
25. NOTICE OF CLAIMS
25.1. Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
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City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract, except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. 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 (Govt. Code §§ 900 et seq.).
25.2. To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1. 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.
26.2. 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.
27. 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 as defined by the Contract
Documents, 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.
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28. STANDARD PROVISIONS
28.1. Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
28.2. 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 and City.
28.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4. 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.
28.5. Conflicts or Inconsistencies.
inconsistencies between this Contract and
terms of this Contract shall govern.
In the event there are any conflicts or
any other attachments attached hereto, the
28.6. 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.
28.7. 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.
28.8. 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.
28.9. 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.
28.10. 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,
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ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11. No Attorney's Fees. In the event of any dispute or legal action arising under
this Contractor, the prevailing party shall not be entitled to attorneys' fees.
28.12. 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 and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �5/ L1 &Z-
By: >
jr
n C. Harp
'�
fty Attorney
ATTEST: d 2q�zoZ Z
Date: D
By:_ E- 9,
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:_ $ 42!t 12D 2,-Z
By: A"
Gra eung
City Manager
CONTRACTOR: GCI Construction, Inc.
a California corporation
Date:
Signed in Counterpart
By:
Alan Aristondo
Chief Executive Officer
Date:
By:_
Signed in Counterpart
Julie Pulley
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Notice Inviting Bids
Exhibit B
— Proposal
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
GCI Construction, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �51 ve'z
a_ By: Pa, >
r n C. Harp
C' Attorney 'sue
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace Leung
City Manager
CONTRACTOR: GCI Construction, Inc.
a California corporation
Date: 1F!) ( U / Z2
By:
Alan Fr-istondo
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Notice Inviting Bids
Exhibit B - Proposal
Exhibit C - Insurance Requirements
Exhibit D - Labor and Materials Payment Bond
Exhibit E - Faithful Performance Bond
GCI Construction, Inc. Page 13
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 08-10-2022
before me,
Koosha Rashidian Notary Public
(insert name and title of the officer)
personally appeared Julie Pulley and Alan Aristondo
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
r...nror►•��rlS��i+idin'�T rr•••.�
WITNESS my hand and official seal. CCMM.023456M
NDlnttr PUBLIC - CALIFOMMA
ORANGE COUNTY
....:7.... r...••f:t::3r.•.r•.••r.•.>R
Signature (Seal)
EXHIBIT A
NOTICE INVITING BIDS
GCI Construction, Inc. Page A-1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS (INFORMAL)
Sealed bids shall be submitted via PlanetBids to
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 181 day of July, 2022
at which time such bids shall be opened and read for
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE
REPLACMENT
Contract No. 8901-1
$100,000
Project Estimate
Contractor License Classification(s) required for this project; "A"
For further information, calf Alfred Castanon, Project Manager at (949) 644-3314
City of Newport Beach
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE
REPLACMENT
Contract No. 8901-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City via
PlanetBids in accordance with this INFORMAL NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
DESIGNATION OF SUBCONTRACTORS
ADDENDA ACKNOWLEDGMENT
NON -COLLUSION AFFIDAVIT
INFORMATION REQUIRED OF BIDDER
PROPOSAL
The Public Works Department will open and read the bid results from immediately following
the bid opening (Bid Due Date).
The Bid Results may be made available to the public following the Bid Opening Date (Bid Due
Date).
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. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. If no estimated quantities are provided, the Contractor shall
provide a cost figure representing the total cost that it would take to complete the project scope
specified in this Bid.
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.
5. 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.
6. 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 —
2
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.
7. 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".
8. 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)].
9. 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.
10. This project may be subject to compliance monitoring and enforcement by the California
Department of Industrial Relations.
11. 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. See Proposer Information Form for more details.
12. 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
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
3
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.
GCI Construction, Inc.
Firm Name (Complete, legal name)
755356 A
Contractor's License No. & Classification
1000001150 06/30/2023
DIR Registration Number & Expiration Date
m
- CEO
Authorized Signature/Title
7/15/2022
Date
City of Newport Beach
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE REPLACMENT
Contract No. 8901-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
GCI Construction, Inc.
Bidder
EJ
CEO
Authorized Signature/Title
Fidentity
public or other officer
is certificate verifies only the
e indhridual who signed the
o which this certificate isnd not the truthfulness,
validity of that document.
Cats of Newport Beach
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE
REPLACMENT
Contract No. 8901-1
NON -COLLUSION AFFIDAVIT
State of California )
) SS.
County of Orange )
Alan Aristondo being first duly sworn, deposes and says that he or she is
CEO of GCI Construction, Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
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 that the foregoing is true and correct.
GCI Construction, Inc. G�
Bidder Authorized Signature/Title
i+-
Subscribed and sworn to or affirmed) before me on this % day of yr ` % , 2020
by proved to me on the basis_ of
satisfactory evidence to be the personko"who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
A /A,
T N ubli
\ANTH01i ry �
� COMM. # 2297071 S
[SEAL] �'"; �° `k"�"�` NOTARY PUBLIC iAtffpfc'ilEl �
OtriM. EXPIRES AUG, _79023
My Commission Ex Tres: lJGv�1 t /
A
City of Newport Beach
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE
REPLACMENT
Contract No. 8901-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name GCI Construction, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
7
City of Newport Beach
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE
REPLACMENT
Contract No. 8901-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: GCI Construction, Inc.
Business Address: 1031 Calle Recodo, Suite D San Clemente, CA 92673
Telephone and Fax Number: 714-9570233 (fax) 714-5401148
California State Contractor's License No. and Class: 755356A
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 10/16/1998
Expiration Date: 6/30/2023
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:
Micheal Pindt
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
Alan Aristondo CEO 1031 Calle Recodo, Suite D San Clemente, CA 92673 714-9570233
Julie Pulley Secretary 1031 Calle Recodo, Suite D San Clemente. CA 92673 714-9570233
Richard Kay CFO 1031 Calle Recodo, Suite D San Clemente, CA 92673 714-9570233
Corporation organized under the laws of the State of California
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:
N/A
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
No
Have you ever failed to complete a project? If so, explain.
No
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
0
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
No
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
GCI Construction Inc.
Bidder
Fy public or other officer
is certificate verifies only the
-ie Individual who signed the
to which this certificate is
and not the truthfulness,
r validity of that document.
AL AN A'?z5--TNT
(Print name of Owner or President
of Corporation/Company)
Authorized Signature/Title
ero
Title
7 / 19/z- z
Date
On ! 8Pn4 '13 a-Z�efore me, .,)Notary Public, personally appeared
44,v ���► �csr t�% who proved to me on the basis of
satisfactory evidence to be the person(.&Ywhose nameoj'�/are subscribed to the within instrument and
acknowledged to me that kd/she/they executed the same it b1s/her/their authorized capacityhes), and that
by M/her/their signature(s) on the instrument the person(. ry or the entity upon behalf of whicFi the person((ss�
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.
NotaV Itci in'-nd for said State
My Commission Expires: 454s 'i ?
10
(SEAL)
AN1*1I0NY SCARP0N
0 COMM, A, 2297071
or,�)r:r..t: COUNTY 0
F.XPIRrS AUG.. 7. 2023 '
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE REPLACMENT
CONTRACT NO. 8901-1
PART 1 - GENERAL PROVISIONS
1
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
4
4
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4
6-1.1 Construction Schedule 4
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6
6-9 LIQUIDATED DAMAGES 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6
7-1.2 Temporary Utility Services 6
7-2 LABOR 7
7-2.2 Prevailing Wages 7
7-7 COOPERATION AND COLLATERAL WORK 7
7-8 WORK SITE MAINTENANCE 7
7-8.4 Storage of Equipment and Materials 7
7-8.4.2 Storage in Public Streets 7
7-8.6 Water Pollution Control 7
7-8.6.2 Best Management Practices (BMPs) 7
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 8
7-10 SAFETY 9
7-10.3 Haul Routes 9
7-10.4 Safety 9
7-10.4.1 Work Site Safety 9
7-10.5 Security and Protective Devices 9
7-10.5.3 Steel Plate Covers 9
SECTION 9 - MEASUREMENT AND PAYMENT
9
9-2 LUMP SUM WORK
9
9-3 PAYMENT
9
9-3.1 General
9
9-3.2 Partial and Final Payment.
11
PART 2 - CONSTRUCTION MATERIALS
11
SECTION 200 — ROCK MATERIALS
11
200-2 UNTREATED BASE MATERIALS
11
200-2.1 General
11
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
11
201-1 PORTLAND CEMENT CONCRETE
11
201-1.1 Requirements
11
201-1.1.2 Concrete Specified by Class and Alternate Class
11
201-2 REINFORCEMENT FOR CONCRETE
11
201-2.2 Steel Reinforcement
11
201-2.2.1 Reinforcing Steel
11
SECTION 203 — BITUMINOUS MATERIALS
11
203-5 SLURRY SEAL
11
203-5.1 General
11
203-5.4 Emulsion -Aggregate Slurry (EAS)
11
203-5.4.1 General
12
203-5.4.2 Materials
12
203-6 ASPHALT CONCRETE
12
203-6.5 Type III Asphalt Concrete Mixtures
12
203-11 ASPHALT RUBBER HOT MIX (ARHM)
12
203-11.3 Composition and Grading
12
SECTION 209 — PRESSURE PIPE
12
209-1 IRON PIPE AND FITTINGS
12
209-1.1 Ductile Iron Pipe
12
209-1.1.2 Materials
12
SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES
13
212-5 VALVES
13
212-5.2 Butterfly Valves
13
212-5.2.1 General
13
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS
14
214-4 PAINT FOR STRIPING AND MARKINGS
14
214-4.1 General
14
214-4.3 Preformed Green Thermoplastic Markings
14
214-6 PAVEMENT MARKERS
14
214-6.3 Non -Reflective Pavement Markers
15
214-6.3.1 General
15
214-6.4 Retroreflective Pavement Markers
15
214-6.4.1 General
15
SECTION 215 - TRAFFIC SIGNS 15
PART 3 - CONSTRUCTION METHODS 15
SECTION 300 - EARTHWORK
15
300-1 CLEARING AND GRUBBING
15
300-1.3 Removal and Disposal of Materials
15
300-1.3.1 General
15
300-1.3.2 Requirements
16
SECTION 302 - ROADWAY SURFACING
16
302-5 ASPHALT CONCRETE PAVEMENT
16
302-5.1 General
16
302-5.4 Tack Coat
16
302-5.8 Manholes (and Other Structures)
16
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
17
302-6.7 Traffic and Use Provisions
17
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
17
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
17
303-5.1 Requirements
17
303-5.1.1 General
17
303-5.4 Joints
17
303-5.4.1 General
17
303-5.5 Finishing
18
303-5.5.2 Curb
18
303-5.5.4 Gutter
18
SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 18
306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE MATERIALS, FITTINGS, VALVES, AND
APPURTENANCES 18
306-2.7 Shutdowns of Existing Pipelines 18
306-2.7.3 Temporary Bypasses 18
306-8 PREFABRICATED PRESSURE PIPE 19
306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning 19
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 20
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 20
314-2.1 General 20
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 20
314-4.1 General 20
314-4.2 Control of Alignment and Layout 20
314-4.2.1 General 20
314-4.4 Thermoplastic Traffic Striping and Pavement Markings 21
314-4.4.1 General 21
314-4.4.2 Surface Preparation 21
314-4.7 Application of Preformed Green Thermoplastic Markings
21
314-5 PAVEMENT MARKERS
21
314-5.1 General
21
SECTION 315 - TRAFFIC SIGN INSTALLATION
21
PART 6 - TEMPORARY TRAFFIC CONTROL
22
SECTION 600 - ACCESS
22
600-1 GENERAL
22
600-2 VEHICULAR ACCESS
22
600-3 PEDESTRIAN ACCESS
23
SECTION 601— WORK AREA TRAFFIC CONTROL
23
601-1 GENERAL
23
601-2 TRAFFIC CONTROL PLAN (TCP)
23
PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
24
SECTION 700 — MATERIALS
24
700-5 TRAFFIC SIGNAL MATERIALS
24
700-5.8 Detectors
24
SECTION 701— CONSTRUCTION
24
701-17 TRAFFIC SIGNAL CONSTRUCTION
24
701-17.6 Detectors
24
701-17.6.3 Inductive Loop Detectors
24
APPENDIX
A. PLANS.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
JAMBOREE ROAD & UNIVERSITY DRIVE 16-INCH VALVE REPLACMENT
CONTRACT NO. 8901-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Appendix A) (3) the City's Design Criteria
and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard
Specifications for Public Works Construction (2015 Edition) including supplements. The
City's Design Criteria and Standard Drawings for Public Works Construction are
available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks.com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class "A" license. At the start of work and until completion of work, the Contractor and
all Subcontractors shall possess a valid Business License issued by the City.
Page SP 1 of 24
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of:
• Traffic control
• Removal of existing deteriorated valves and interfering portions of existing pipe,
fittings, concrete thrust block and appurtenances
• Installation of (3) new 16-inch RWGV's, piping and fittings
• Potholing, excavation, shoring, dewatering, backfilling, pavement restoration
• Striping
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs and shall constitute the markup for all overhead and
profit:
1) Labor ............................................. 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
Page SP2of24
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
applied by the Subcontractor to the actual costs and shall constitute the markup for all
overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48-hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not
Page SP3of24
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes. During asphalt
paving operation, manholes and utility boxes within paving area shall be temporarily
lowered and covered. Upon completion of paving operation, manholes and utility boxes
shall be permanently adjusted to finish grade. The Contractor shall adjust all temporarily
lowered manholes and utility boxes to the new finished grade within five (5) calendar
days of completing the AC finished course.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies to have their existing utilities adjusted to finish grade. The Contractor
shall coordinate with each utility company for the adjustment of their facilities in advance
of work to avoid potential delays to the project schedule. The Contractor shall provide
the necessary survey control for all utility companies to adjust boxes and vaults to the
final grade. The Contractor will be required to coordinate with these companies for
inspection of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule and
has demonstrated the ability to maintain the schedule in the future. Such stoppages of
work shall in no way relieve the Contractor from the overall time of completion
Page SP 4 of 24
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 15 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. Unless
otherwise approved by the Engineer, construction shall start on [date].
Normal working hours are limited to 6:00 a.m. to 3:00 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
For those locations where night work is allowed in order to minimize disruption to the
community, the following requirements shall apply:
A. Night work hours shall be considered to be from 8:00 p.m. to 6:00 a.m.,
Sunday night through Friday morning. No work is allowed Friday or
Saturday nights.
B. The Engineer must approve all requests for night work.
C. The Contractor shall notify the Engineer two weeks prior to the start of any
requested night work.
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
Page SP5of24
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for
completion of the work, the Contractor shall pay to the City or have withheld from
moneys due it, the daily sum of $1,000.00.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the
deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a
charge for water usage and any repair charges for damage to the meter.
Page SP6of24
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
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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 will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and back -charging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP)
Contactor shall retain a Qualified SWPPP Developer (QSD) to prepare a SWPPP for
the project. The contractor shall implement and maintain the requirements of the
SWPPP, including all required BMPs during all phases of the work. The implementation
of the SWPPP shall be performed by a Qualified SWPPP Practitioner (QSP) to be
retained by the Contractor. SWPPP implementation shall be subject to inspection by
the City and any identified deficiencies shall be corrected by the Contractor at the
Contractor's expense.
The SWPPP shall be amended by the Contractor whenever there is a change in design,
construction, operation or maintenance which has a significant effect on the potential for
discharge of pollutants. The SWPPP shall also be amended by the Contractor if it
proves to be ineffective in significantly reducing pollutants from the construction site.
Each submittal shall include two (2) hard copies and one (1) Adobe Acrobat "pdf' copy.
The SWPPP must be kept at the construction site during construction and also be
available for review when requested by the Regional Water Quality Control Board
(RWQCB) or the City.
Contractor is not responsible for filing a Notice of Intent (NOI) for permit coverage or a
Notice of Termination (NOT) at project end. City will file the NOI and NOT through the
State Water Resources Control Board (SWRCB) SMARTS system.
The Contractor shall prepare and electronically submit all reports required by General
Permit (including the Annual Report) to the City throughout the duration of the project
for the City's review and submittal to the SWRCB SMARTS system. The Annual Report
shall be submitted no later than August 1 st of each year and must include a summary
Page SP 8 of 24
and evaluation of all sampling and analysis results, original laboratory reports, chain of
custody forms, a summary of all corrective actions taken during the compliance year,
and identification of any compliance activities or corrective actions that were not
implemented.
In the event the City incurs any administrative civil liability (fine) imposed by the
RWQCB as a result of Contractor's failure to fully implement the provisions of this
section, the Engineer may withhold from payments otherwise due the Contractor a
sufficient amount to cover the fine.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Page SP9of24
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
schedules as requested by the Engineer, attending construction progress meetings as
needed, and all other related work as required by the Contract Documents. This bid
item shall also include work to demobilize from the project site including but not limited
to site cleanup, removal of USA markings and providing any required documentation as
noted in these Special Provisions.
Item No. 2 Traffic Control: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all
costs incurred notifying businesses and residents, providing the traffic control required
by the project including, but not limited to, signs, cones, barricades, flashing arrow
boards, K-rails, temporary striping, and flag persons. This item includes providing four
(4) CMS and updating messages on the CMS as requested by the Engineer. This item
also includes furnishing all labor, tools, equipment and materials necessary to comply
with the W.A.T.C.H. Manual, latest edition, and City requirements.
Item No. 3 & 4 Construct 12-inch and 16-inch PVC, C-900 Water Main: Work under
this item shall include, but not be limited to, all labor, tools, equipment and material
costs for removing and disposing existing pavement and conflicting improvements,
temporary and permanent support and protection of existing utilities, potholing and
exposing utilities in advance of work, excavating, temporary patching or plating,
controlling ground and surface water, trenching, shoring, bracing, grading, compacting,
furnishing and installing water main, fittings, couplings, thrust blocks, installing metallic
warning and locator tape, placing bedding and backfill material, repaving to match
existing pavement structural section, restoring all existing improvements damaged by
the work, and all other work items as required to complete the work in place.
Item No. 5 Furnish and Install 16-inch Ductile Iron Resilient Wedge Gate Valve:
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for furnishing and installing a 16-inch ductile iron resilient wedge gate
valve including the valve operator, valve box and cover and valve extension, removal of
existing valve and interfering portions of existing pipe, fittings and thrust block, restoring
all existing improvements damaged by the work, and all other work items as required to
complete the work in place.
Page SP 10 of 24
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
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
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch
minimum cover unless shown otherwise on the plans.
SECTION 203 — BITUMINOUS MATERIALS
203-5 SLURRY SEAL
203-5.1 General
Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4.
203-5.4 Emulsion -Aggregate Slurry (EAS)
Page SP 11 of 24
203-5.4.1 General
Emulsion -aggregate slurry (EAS) shall be Type I-CQS-1 h conforming to 203-3
203-5.4.2 Materials
203-5.4.2.2 Emulsified Asphalt
Emulsified asphalt shall be of quick set type.
203-5.4.2.4 Latex
Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc.,
or equal approved by the Engineer in advance of ordering the latex additive. It shall be
added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of
2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be
kept in a suspended state by an agitating mixer and mixed every three days.
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20%
max RAP). Asphalt concrete base course shall be Type III-B2-PG 64-10 (20% max
RAP).
203-11 ASPHALT RUBBER HOT MIX (ARHM)
203-11.3 Composition and Grading
Asphalt rubber hot mix finish course shall be ARHM-GG-C.
SECTION 209 — PRESSURE PIPE
209-1 IRON PIPE AND FITTINGS
209-1.1 Ductile Iron Pipe
209-1.1.2 Materials
All flanged pipe joints shall be joined utilizing Type 316 Stainless Steel nuts, washers
and hex -head bolts. Gasket shall be full-faced, cloth reinforced Buna-N rubber.
Flex and transition couplings used to join pipes in water main construction shall have all
threaded parts and joining hardware fabricated from Type 316 Stainless Steel.
Pipe harness assemblies, valve and fitting restraints and shackle -clamp assemblies
shall be joined utilizing Type 316 Stainless Steel all -thread rod, nuts, bolts and washers.
Page SP 12 of 24
Clamps, shackles and other hardware may be carbon steel or ductile iron where
appropriate, but must be coated liberally with corrosion protective mastic compound.
Bolted connectors fabricated from stainless steel shall have threaded parts coated
liberally with an approved anti -seize compound.
All bolted and threaded fasteners shall be manufactured in the United States of America
and shall conform to the minimum requirements for strength, material construction and
dimension as established by the ASTM and the ANSI Specifications. All fasteners shall
be accompanied by written certification from the manufacturer stating compliance with
the appropriate specification.
All mechanical joints shall be restrained joints.
Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10)
and shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings
(AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings
shall be manufactured in accord with AWWA C110 and shall have retainer glands. All
flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges
shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall
be Type 316 Stainless Steel. Threads shall be coated with a liberal amount of anti -
seize compound. Flange gaskets shall be full-faced Buna-N, nylon impregnated rubber.
Ductile iron pipe fittings and valves buried underground shall be protected with a
polyethylene encasement (plastic film wrap) in accord with AWWA C105 (ANSI A 21.5).
Wrap shall be loose 8-mil thick polyethylene.
SECTION 212 — WATER AND SEWER SYSTEM VALVES AND APPURTENANCES
212-5 VALVES
212-5.2 Butterfly Valves
212-5.2.1 General
All butterfly valves shall be of the tight -closing, rubber -seat type, conforming to the
design standards of ANSI/AWWA C504 latest revision, except where noted herein.
Valves shall be bubble -tight at the rated pressure in either direction and shall be
suitable for throttling service and/or operation after longs periods of inactivity.
Manufacturer shall be ISO 9001 Certified or have similar certification up and above
AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be
manufactured by the Henry Pratt Co. or approved equal.
All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1
flange drilling. All valves shall have 316 stainless steel exterior body bolts. Discs shall
be of the concentric design. Valve discs shall be constructed of ductile iron ASTM
A536, Grade 65-45-12 with a 316 stainless steel edge. Valves shall have a one piece
Page SP 13 of 24
through shaft of 18-8 stainless steel, corresponding to the requirements of AWWA
C504, latest revision. The shafts shall fasten to the disc by means of a threaded disc
pin or through pin providing a positive leak proof connection of the shaft to the disc.
Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior
surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or
epoxy coated. Valves with the rubber seat located on the valve disc will not be permitted.
Seats shall be designed so that no adjustments or maintenance is required.
All shaft bearings shall be of the self-lubricating, corrosion -resistant, sleeve type.
Bearings shall be designed for horizontal and/or vertical shaft loading. Shaft packing
shall be self-adjusting and suitable for pressure or vacuum service. The flow path for
valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated
with an AWWA NSF-61 coating system or liquid epoxy on wetted interior surfaces 16
mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be
painted at the factory by the valve manufacture.
All valves shall be hydrostatic and leak tested in accordance with ANSI/AWWA C504,
latest revision with the following modification: Valves shall be tested and rated at 200
PSI to facilitate field system hydro -test. All valves to be tested with the actuator
installed as a complete unit by the valve manufacture. Provide certified test reports with
all valve shipments. Manufacturer furnishing valves shall present proof of compliance
with ANSI/AWWA C504, latest revision. The valve actuators are to be installed and
tested at the factory by the valve manufacture. All actuators shall be provided with 316
stainless steel exterior body bolts.
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic.
Add Section 214-4.3 — Preformed Green Thermoplastic Markings
214-4.3 Preformed Green Thermoplastic Markings
Green background bike lane legends shall consist of preformed thermoplastic markings
and be the PreMark product by Ennis -Flint or approved equal. The background/marking
shall include the ViziGrip anti-skid treatment. Background shall be EF Bike Lane Green.
214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard
Specifications.
Page SP 14 of 24
214-6.3 Non -Reflective Pavement Markers
214-6.3.1 General
All new non -reflective pavement markers Types A and AY shall be ceramic.
214-6.4 Retroreflective Pavement Markers
214-6.4.1 General
All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces,
or approved equal.
SECTION 215 - TRAFFIC SIGNS
Signs shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum
(0.08 inch thickness).
New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge
2 '/4 inch unistrut (OD) base.
Sign mounting hardware and brackets shall be stainless steel. Unless otherwise
specified, mounting hardware shall be 5/16"-18.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway
removal and replacement shall have a minimum trench width of 3-feet to facilitate
maximum compaction. Contractor shall meet with the Engineer to mark out the areas of
roadway removal and replacement.
Page SP 15 of 24
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.
The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley
Intersections. Concrete shall be removed from existing joint to existing joint.
Alternatively, with prior approval from the Engineer, existing concrete may be neatly
sawed to form straight edges to join proposed concrete improvements. Saw cuts on
concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt
pavement shall be full depth. Final removal between the sawcut lines may be
accomplished by the use of jackhammers or sledgehammers. Pavement breakers or
stompers will not be permitted on the job. The Engineer must approve final removal
accomplished by other means.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
All cracks %-inch or greater in width shall be cleaned, have weed kill applied and sealed
with a hot -applied crack sealant approved by the Engineer. In residential areas, no
highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and
trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The
top layer of asphalt concrete (finish course) shall be placed in a separate lift.
Longitudinal joints between two passes of asphalt concrete shall be along a lane line.
Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to
95% minimum. The pavement shall then be cleaned with a power broom.
302-5.4 Tack Coat
Tack coat shall be trackless.
302-5.8 Manholes (and Other Structures)
Page SP 16 of 24
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in 302-5.6.2.
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
The Contractor shall not allow vehicular traffic on new concrete until the concrete has
attained a minimum compressive strength of 3000 psi. High early strength concrete
may be attained to meet the time constraints by the use of additional portland cement or
chemical admixtures in accordance with Section 201-1 and with prior approval of the
Engineer. The cost of high early strength concrete shall be included in the unit prices
for all concrete bid items.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Sidewalks and curb access ramps shall be opened to pedestrian access on the day
following concrete placement. In addition, all forms shall be removed, irrigation systems
shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72
hours following concrete placement.
Contractor shall provide field survey elevations twenty (20) feet on either side of the
proposed concrete improvements along the flowline to confirm positive drainage. If
positive drainage is not attainable, Contractor shall notify the Engineer prior to
completing the concrete improvements.
Concrete replacement shall extend from existing joint to existing joint.
303-5.4 Joints
303-5.4.1 General
The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side
of centerline, over the entire length of the alley. The Contractor may also sawcut the
Page SP 17 of 24
property lines, adjacent to the alley, in lieu of scoring the pavement along the property
lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2
inches.
303-5.5 Finishing
303-5.5.2 Curb
The Contractor shall repaint any red curb that is damaged or removed. The curb shall
be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry",
Product Code 181 manufactured by American Traffic Products, Inc. or approved equal.
Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889.
The Contractor shall repaint any blue curb that is damaged or removed. The curb shall
be repainted to match the original blue curb lengths.
Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs.
Contractor shall place Temporary No Parking ANYTIME signs on barricades where red
curb marking has been removed and maintain the signs until the curb marking has been
replaced.
303-5.5.4 Gutter
The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations
shown on the plan.
SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION
306-2 DELIVERY, STORAGE, HANDLING, AND PROTECTION OF PIPELINE
MATERIALS, FITTINGS, VALVES, AND APPURTENANCES
306-2.7 Shutdowns of Existing Pipelines
306-2.7.3 Temporary Bypasses
The Contractor will be responsible for the installation of a temporary by-pass system as
described in these special provisions and the plans.
The Contractor can commence installation of new mains once the temporary by-pass
system is in place and has passed a disinfection test. The Contractor shall have the by-
pass line inspected by City personnel prior to commencing the project.
If at any time, the temporary by-pass water system is damaged, it will be the
Contractor's responsibility to repair and replace any damaged or destroyed section to
the satisfaction of the City.
Page SP 18 of 24
The Contractor shall adhere to the following special provisions when installing
temporary by-pass systems:
1. Water service shall be maintained to all customers at all times except as
necessary to install the temporary by-pass system. The Contractor's method of
providing such continuous service shall be approved by the City prior to
construction.
2. It is recommended that two (2) 2-inch steel by-pass lines shall be installed, one
on either side of the alley adjacent to the meter boxes. All temporary piping
crossing streets shall be buried and paved flush with the existing surface.
3. The Contractor shall make arrangements with the City's Utilities Division for
disinfection, bacteriological testing and certification of the by-pass systems. The
Contractor shall be responsible for disinfection and flushing the by-pass systems
as well as pulling the bacteriological samples and running the incubations tests
for coliform bacteria.
4. The Contractor will then remove meters and connect services to temporary by-
pass systems. Upon acceptance by the City of new water mains, after the water
services have been reinstalled by the Contractor, the Contractor will disconnect
the temporary by-pass system at each service connection and reinstall meters.
The temporary water main by-pass system installed at any given time shall not exceed
the water services between any single alley section (from local street intersection to
local street intersection) unless approved in writing by the City in advance of the work,
including specific limits of the proposed by-pass.
306-8 PREFABRICATED PRESSURE PIPE
306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning
The Contractor will be responsible for pressure testing, disinfection and flushing of the
new water mains. The Contractor shall adhere to the following special provisions for
pressure testing, disinfection and flushing of new water mains and services.
1. Water service shall be maintained to all customers at all times except as
necessary to transfer service from the old main to the new main. The
Contractor's method of providing such continuous service shall be approved by
the City prior to construction.
2. Contractor shall pressure test new main lines including any services prior to
disinfection.
3. The Contractor shall make arrangements with the City's Utilities Division for
disinfection, bacteriological testing and certification of the new main and services.
The Contractor shall be responsible for disinfection and flushing the main and
Page SP 19 of 24
services as well as pulling the bacteriological samples and running the incubation
tests for coliform bacteria.
4. Upon successful completion of the pressure testing and disinfection, the
Contractor shall thoroughly flush all mains and services prior to connection to
customers. Flushing of services shall be done at the new angle stop and fittings
shall be utilized such that the meter box is not flooded by the flushing operation.
SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND
PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS
314-2.1 General
The Contractor shall remove all existing traffic striping and pavement markings by
grinding. Other methods such as sandblasting will not be allowed. Temporary painted
striping shall be placed within 24 hours of removal.
314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT
MARKINGS
314-4.1 General
Temporary painted traffic striping and markings shall be lane marking paint applied at
15 mil in one coat, as soon as possible and within 24 hours after the level course, finish
course or slurry seal has been placed. The width of the temporary lane line stripes shall
be one-half the width of the permanent final stripes. Temporary crosswalks and stop
bars stripes shall be full width and shall be placed prior to opening the street to traffic.
Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to
traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping.
Upon completion of AC base or leveling course, temporary striping shall be installed.
314-4.2 Control of Alignment and Layout
314-4.2.1 General
The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be
responsible for the completeness and accuracy of all layout alignment and spotting.
Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on
the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and
pavement markings within 24 hours after the removal or covering of existing striping or
markings. No street shall be without proper striping over a weekend or holiday. Stop bars
and crosswalks shall not remain unpainted overnight.
Page SP 20 of 24
314-4.4 Thermoplastic Traffic Striping and Pavement Markings
314-4.4.1 General
The final reflectorized thermoplastic striping shall not be applied until the finish course
pavement or slurry seal has been in place for at least 10 days but no later than 15 days.
The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for
all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm
(120 mil) thickness. Striping shall be applied by extrusion method. Sprayable
thermoplastic striping shall not be allowed.
If the Contractor fails to perform striping as specified herein, the Contractor shall cease
all contract work until the striping has been properly performed. Such termination of
work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and
re -notify the affected residents, at the Contractor's sole expense. In addition, if the
Contractor removes/covers/damages existing striping and/or raised pavement markers
outside of the work area, he shall re-stripe/replace such work items at no cost to the
City.
314-4.4.2 Surface Preparation
Primer shall be applied to concrete surfaces prior to application of thermoplastic
striping. The primer shall be formulated for the intended application. The concrete
surface shall be roughened along the thermoplastic striping. The width of the roughened
concrete surface shall match the width of the striping.
Add Section 314-4.7 — Application of Preformed Green Thermoplastic Markings
314-4.7 Application of Preformed Green Thermoplastic Markings
Install preformed green thermoplastic markings per manufacturer's recommendations.
314-5 PAVEMENT MARKERS
314-5.1 General
Raised pavement markers shall not be placed until the finish course pavement or slurry
seal has been in place for at least 10 days but not later than 15 days.
SECTION 315 - TRAFFIC SIGN INSTALLATION
Location of traffic signs shown on plans is approximate and shall be approved by the
City prior to installation. Signs shall be installed at a clear height of seven feet at
minimum unless otherwise shown on plans.
Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt.
Contractor shall USA location prior to installing sign.
Page SP 21 of 24
Anti -seize lubricant shall be applied to hardware/fasteners prior to installation.
Refer to CNB DWG 924 for typical sign installation.
Signs shall be reinstalled within 72 hours of removal. Regulatory signs, including but
not limited to "STOP", "YIELD", Lane Designation and/or "No Parking" signs, shall be
installed on barricades and placed where the removed sign was installed. Contractor
shall maintain the temporary sign(s) until the sign(s) are reinstalled. Temporary "No
Parking" signs, printed with specific information regarding the no parking zone, may
temporarily replace removed "No Parking" signs.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 GENERAL
Five (5) working days prior to starting work, the Contractor shall distribute construction
notices to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notices.
Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to
the residents a second written notice prepared by the City clearly indicating specific
dates in the space provided on the notices when construction operations will start for
each block or street. An interruption of work at any location in excess of 14 calendar
days shall require re -notification. The Contractor shall insert the applicable dates and
times at the time the notices are distributed.
The written notices will be prepared by the City, 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.
600-2 VEHICULAR ACCESS
The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which shall be posted at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
Page SP 22 of 24
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at
the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
600-3 PEDESTRIAN ACCESS
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction.
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, changeable message signs (CMS), and any other measures deemed
necessary by the Engineer to safely direct the public around areas of construction, and
into and out of the affected establishments. Messages for the CMS shall be updated by
the Contractor as directed by the Engineer.
601-2 TRAFFIC CONTROL PLAN (TCP)
The Contractor shall provide traffic control and access in accordance with Section 7-10
of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK
(W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following
items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street or alley during its trash collection day, it
shall be the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3466 and all affected property owners.
Page SP 23 of 24
5. At a minimum, the Contractor shall maintain one lane of traffic on University
Drive and two lanes of traffic on Jamboree Road at all times when completing
the work.
6. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED
signs on barricades at the closure and SIDEWALK CLOSED USE OTHER
SIDE signs on barricades at the closest crosswalk or controlled intersection.
7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure.
PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 700 — MATERIALS
700-5 TRAFFIC SIGNAL MATERIALS
700-5.8 Detectors
Loop wire shall be Type 2. Loop detector lead-in cable (DLC) shall be Type B. Loop
sealant shall be Hot -Melt Rubberized Asphalt Sealant.
SECTION 701 — CONSTRUCTION
701-17 TRAFFIC SIGNAL CONSTRUCTION
701-17.6 Detectors
701-17.6.3 Inductive Loop Detectors
All installed loop detectors shall be completely functional to the satisfaction of the
Engineer within five consecutive working days after placement of pavement finish
course.
Page SP 24 of 24
EXHIBIT B
PROPOSAL
GCI Construction, Inc. Page B-1
EXHIBIT B
LINE ITEMS
Item
Quantity
UOM
Unit
Total
Mobilization
1
LS
$6,300.00
$6,300.00
Traffic Control
1
LS
$5,300.00
$5,300.00
Construct 12-Inch PVC,
2
LF
$9,200.00
$18,400.00
C-900 Water Main
Construct 16-Inch PVC,
4
LF
$9,250.00
$37,000.00
C-900 Water Main
Furnish and Install 16-
Inch Ductile Iron Resilient
3
EA
$17,500.00
$52,500.00
Wedge Gate Valve
TOTAL NOT TO EXCEED TO COMPLETE THE WORK $119,500.
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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 VI (or larger) in accordance with the latest
edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
employee for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code. In addition, Contractor shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with California law for all of the subcontractor's
employees. The insurer issuing the Workers' Compensation insurance shall
amend its policy by endorsement to waive all rights of subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers. Contractor shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its elected
or appointed officers, agents, officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with coverage
at least as broad as provided by Insurance Services Office form CG 00 01, in
an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate and two million dollars
($2,000,000) completed operations aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
GCI Construction, Inc. Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this Contract,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit
for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against City,
its elected or appointed officers, agents, officials, employees 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
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten (10)
regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
GCI Construction, Inc. Page C-2
insurance shall be kept on file with City at all times during the term of this
Contract. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its
behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been
renewed or extended shall be filed with the City. If such coverage is cancelled
or reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required insurance
policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of insurance
required by giving Contractor ninety (90) calendar days advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees. Contractor shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Contractor
shall ensure that City is an additional insured on insurance required from
subcontractors. For CGL coverage, subcontractors shall provide coverage
with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended
by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Contractor maintains higher limits
than the minimums shown above, the City requires and shall be entitled to
coverage for higher limits maintained by the Contractor. Any available
proceeds in excess of specified minimum limits of insurance and coverage
shall be available to the City.
GCI Construction, Inc. Page C-3
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.
Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof that
policies of insurance required herein expiring during the term of this Contract
have been renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Contractor's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional
insured endorsement as required in these specifications applicable to the
renewing or new coverage must be provided to City with five (5) calendar days
of the expiration of the coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
GCI Construction, Inc. Page C-4
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
GCI Construction, Inc. Page C-5
THE FINAL PREMIUM IS Executed in two original counterparts. Bond No. 0823554
PREDICATED ON THE
FINAL CONTRACT PRICE
CITY OF NEWPORT BEACH
BOND NO.0823554
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to GCI
Construction, Inc. hereinafter designated as the "Principal," a contract for the
Improvement of Jamboree Road & University Drive 16-Inch Valve Replacement located
at Jamboree Road & University Drive, in the City of Newport Beach, in strict conformity
with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the Work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set
forth.
NOW, THEREFORE, We the undersigned Principal, and,
Harco National Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein as
"Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One
Hundred Nineteen Thousand Five Hundred dollars ($119,500.00) 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.
GCI Construction, Inc.
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 8th day of August , 2022 .
GCI Construction, Inc.
Name of Contractor (Principal)
Harco National Insurance Company
Name of Surety
2400 E. Katella Ave., Suite 250, Anaheim, CA 92806
Address of Surety
(714)602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:�l
By: <�vc
on . Harp 10AG
ty Attorney %�M4%'X
Au orized Signature/Title
Id I) I I 9�L�'
Auth ri-VA%M Signat
Michael D. Stong, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
GCI Construction, Inc.
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 08-10-2022
before me, Koosha Rashidian Notary Public
(insert name and title of the officer)
personally appeared Alan Aristondo
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. .AMMUM•85
468
COMM. N234MM
�ORAAW E COUNTY m
ex " Oy07M026 p
Signature (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )SS.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Riverside } ss.
On August 8 2022 before me, R. Nappi "Notary Public"
Notary Public, personally appeared Michael D. Stong
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. iS R. NAPPI
/) s Notary Public - California
Riverside County
4 Commission # 2327915
(seal)
Sig ature C9(IF00.NP My Comm. Expires Jun 7, 2024
41W 4dW -
GCI Construction, Inc.
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
Bond No. 0823554
j�1 "(� STATE OF NEW JERSEY STATE OF ILLINOIS
r vp� SEAL L A County of Essex County of Cook
/
iy1904 L71
(/��•
1N' E Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA ARNOLD, BEN STONG, DWIGHT REILLY, DANIEL HUCKABAY,
ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI
Orange, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2021 *,,,,,,,,�
,INS(/
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�zs SEAL ro:
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On this 31 st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
II"''�.,
A
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
:S��r.�� •OGj�'.
:.Z� ��. ExP. a10g •. ���
New Jersey the day and year first above written.
CO: TA
oAso 79
. '%•'••...... •'
���JJJ
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April4, 2023
A3=1:i111119L01-1mrol
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day. August 8th , 2022
A00835
Irene Martins, Assistant Secretary
THE FINAL PREMIUM IS Executed in two original counterparts. Bond No. 0823554
PREDICATED ON THE Premium: $1,635.00
FINAL CONTRACT PRICE
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 0823554
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 13,68 , being
at the rate of $ 1,635.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to GCI
Construction, Inc. hereinafter designated as the "Principal," a contract for the Improvement
of Jamboree Road & University Drive 16-Inch Valve Replacement located at Jamboree
Road & University Drive in the City of Newport Beach, in strict conformity with the Contract
on file with the office of the City Clerk of the City of Newport Beach, which is incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and Harco National Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred
Nineteen Thousand Five Hundred dollars ($119,500.00) 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 the City, only in the event the City
is required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
GCI Construction, Inc. Page E-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or to
the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by the 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 8th day of August 2022 .
GCI Construction, Inc.
Name of Contractor (Principal)
Harco National Insurance Company
Name of Surety
2400 E. Katella Ave., Suite 250, Anaheim, CA 92806
Address of Surety
(714)602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Sf / 107-2-
1
By:
-�4
a on C. Harp
y Attorney
��rir )
Authorized Signature/Title
W ( I ) �kl� - —
Auth rized g Signatur
Michael D. Stong, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
GCI Construction, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 08-10-2022
before me,
Koosha Rashidian Notary Public
(insert name and title of the officer)
personally appeared Alan Aristondo
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal."'""""""ih03`f+b'►Idl'i8t'"""811
COMM. p - CAL14
IiOfA ORN
gg
ORANGE COUNTY
$n��i�iY.MMMEX iii� 7/2025�n�
Signature (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )Ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
(seal)
County of Riverside } ss.
On August 8 2022 before me, R. Nappi "Notary Public"
Notary Public, personally appeared Michael D. Stong
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. „r R. NAPPI
Notary Public California z
i ;~ Riverside County
ZLCommission 2327975
Signat re f °^ F�F� My Comm. Expires Jun 7, 2024 (seal)
•4W4W
GCI Construction, Inc.
STATE OF NEW JERSEY STATE OF ILLINOIS
County of Essex County of Cook
Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
POWER OF ATTORNEY Bond No.0823554
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA ARNOLD, BEN STONG, DWIGHT REILLY, DANIEL HUCKABAY
ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI
Orange, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31 st day of December, 2021
�,..ti 1NS1Iq 0, �'•
S•Oa, r pA ti .
0
SEAL
:&
s;�b�<CENO��• D;
On this 31 st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
II1j"I" IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
VVE A: OG,,� New Jersey the day and year first above written.
� �Q; FF• ExF• yob
<, Y Y Y
•(nr
�, •� 0AU Ul9,0
Shirelle A.Outley a Notary Public of New Jersey
I"` My Commission Expires April 4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, August 8th , 2022
A00835
Irene Martins, Assistant Secretary
aV f PORT
August 17, 2022
GCI Construction, Inc.
1031 Calle Recodo
Suite D
San Clemente, CA 92673
City of Newport Beach
Insurance Compliance
PO Box 100085 - FV
Duluth, GA 30096
Reference Number: 8901-1
This Account has moved from non -compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]