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HomeMy WebLinkAboutC-3717 - Tidal Valve Replacement at 44th Street1 CITY OF NEWPORT BEACH CITY CLERK. NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 2nd day of December 2004, at which time such bids shall be opened and read for 44TH STREET TIDAL VALVE REPLACEMENT Title of Project Contract No. 3717 $38,000.00 Engineer's Estimate vUh G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: hftp://www.city.newport- beach.ca.us/pbwbidlisVdefault.asp Click: Online Services — Public Works Bid List Prospective bidders mai / obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Stephen Luy, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON- COLLUSION.AFFIDAVtT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from,the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.goo.aov /davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. 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. The signature below represents that the above has been reviewed. Contractor's Licens No. & Classification Bidder Auth rizoth ed Signature/Title F j ab Date r-- 13 ACIy1� .,7e CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT tic. l 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City, of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 44TH STREET TIDAL VALVE REPLACEMENT, Contract No. 3717 in the City of Newport Baach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and Void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18th day of NOVEMBER 2004. GCI CONSTRUCTION, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., STE PENTHOUSE GLENDALE, 91203 Address of Surety _(818) 409 -2800 Telephone Auth rzed Signature>Ttle MIG10 A thonze gen 1 aiure CA MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and TiBe (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of O(a( * } ss. On personally appeared JANET L. RUSSELL Commission# 1335385 i Notary Public- CBtifoml8 i Orange County W 1 Arr i : pve ee2l.20W Fi;Jrsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose nameM is/xlre subscribed to the within instrument and acknowledged to me that he /s*e /they executed the same in his /ber /t4eir authorized capacity(ies), and that by his /tier /ttlffr signature(&) on the instrument the person(e), or the entity upon behalf of which the person(p) acted, executed the instrument. WITNESS my hand a d o 'tai seal. Place N.W y Seat Above Signature of N aispumc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: 0 1899 Nati 1 Notary A ca"ac -9 N Salo Aw. PO. eoa 2&02• Cha%w . CA 9131WQ2•www.nBaaralnofary ag Ro Na. sw FeaNtr. CaQ W PwI 800.eM(MT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Caiifomia ss. County of RIVERSIDE On �) �� %)O ( before me, R. CISNEROS Data Name aad Tifle of office, Ie.9..'Jane Goa, Noary Pease) personally appeared MICHAEL D. STONG Namets} or Signerts) reR. CISNEROS COMM. #1488731 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY M Comm. Ex ire$ June 7,20 08 I personally known to me i:_ proved to me on the basis of satisfactory evidence to be the personX whose name is/roK subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislheF #wrr authorized capacity(iee), and that by his /het:44eir signature(s -ron the instrument the persorge , or the entity upon behalf of which the person((4 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Si4cahae of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Lj Corporate Officer— Title(s): ❑ Partner —❑ Limited Q General Cl Attorney in Fact , I Trustee Ll Guardian or Conservator v Other: Signer is Representing: Number of Pages: I U 1999Naflonal NNary ASxmiabon• 9350 00 Solo Ave.. PO. Box 240 - Chalsw h. CA 9131324,Y2•.nrn aMadeol,,,o, -,W. N. W7 - aeouA.f tab TrhLF,ez 1600 91B6e27 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,,of the By -Laws of said Company, i are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date y nominate, constitute and appoint Michael D.STONG, of Riverside, California, its true and t Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a ngs, and the execution of such bonds or undertakings in pursuan , s on said Company, as fully and amply, to all intents and purposes, as if n xe ged by the regularly elected officers of the Company at its office in Ba ' it Tills power of attorney revokes that issued on behalf of Michael D 1 The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article Vl, Section 2, of the By- y, and is now in force. IN'WITNTES &' OF,. the said Vice - President and Assists t Secrcury_ have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of August, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEYOy.�, row r Ilk 1 '2 / t-' ` Eric D. Barnes Assistant Secretary State of Maryland 1 ss: City of Baltimore f By. William J. Mills Vice President On this 19th day of August, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed my Official Seal the day and year first above written. , o C' . x�wewwY_xny "R1/iyP11�" Dennis R. Hayden Notary Public My Commission Expires: February 1, 2005 POA-F 012 -0629 E EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seat of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify t!tzt the foregoicg Power of Attorney is still in frill fcrce and effect on the date of tt:is certificate; and I do ftrther certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _ 14 day of /V&J* 1 'qew Ct", 9.0-Z Assislant Secretory IK,,Ykw Favorites Tools . + . ®] 61 QSearch a eESr • Wouves 85l�r:oe ae Pes u.... .............. a.wa SEARCH om. c.mv..v.-. PM BwIXUnCn FLU 1wMn mM 1. ia.om revue e�� yA.Y SAAILLY ➢w 4nm. . Accessing the pages on ambest.com consUbAesthe users agreement to our terms M use; Information collected via this Web site is protected by our riP vacv smerns Comments a C=an[S should be directed to our as 4M W HW _ Ar�atb'1004 Cock kereb➢edY! Member of Zurich Financial Services Group A.M. Best S: 00307 NAIC 0: 39306 View a list of arouo members or the group's rating a L BEST Best's Rating A (Excellentp A Financial Size Category XV ($2 billion or more) -Rafts ec of73y0&3004 04:30:06 PM E.S.T. Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright ® 2004 by A.M. Best Company. Inc. ALL RIGHTS RESERVED No pan of this information may be distributed in any electronic form or by arty means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for addiaunal details. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. .Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. ,(Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: W S e ,. i_ ./r ���' 4 Address: 1419 K $.l4 'CA, l7ot Phone: (710 531- 40 State License Number. 347 393 Name: W ' -0 O , /.vo Q Address: 64 Alf'r `0-' O s .A, . ea 'I Phone,- svrf State License Number: Name: Address: Phone: State License Number: Bidder • -• Sidinatureffitle lPb\V azWnfU CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name G C I CONSTRUCTION, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description =iD STREET Impmv 4ms a Job 149 STREET Approximate Construction Dates: From 11/03 To: 5/04 Agency Name CITY OF FULLERTON Contact Person YELONA VORONEL Telephone ?14 ) 738 =6845 Original Contract Amount $984,380 Final Contract Amount $ 913,376 If final amount is different from original, please explain (change orders, extra work, etc.) Contract items changed or deleted bid you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 2 Project Name /Number URBAN STORM WATER RUNOFF TREATMENP _ Job 148 Project Description INSTALL STORM WATER RUNOFF TREATMENT Approximate Construction Dates: From 8/03 To: 3/04 Agency Name Contact Person CITY OF HUNTINGTON BEACH M, Telephone (71A 375 -8471 Original Contract Amount $_670,764 Final Contract Amount $ 635,092 If final amount is different from original, please explain (change orders, extra work, etc.) Contract items changed or deleted Did you file any claims against the Agency? Did the Agency file any claims . against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name /Number FOOTHILL & BARRANCA Project Description MAIN Job 147 INSTALL NEW WATER DISTRIBUTION MAIN Approximate Construction Dates: From 8/03 To: 6/04 Agency Name Contact Person CITY OF AZUSA I 1q Telephone P26) 812 -5208 Original Contract Amount $494,167 Final Contract Amount $ 524,314 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. n No. 4 Project Name /Number Project Description SILVER BULLET UTILITIES REROUTE _ KNOTT'S _ Job 166 UNDERGROUND UTILITIES IMPROVEMENTS Approximate Construction Dates: From 4/04 To: 7/04 Agency Name Contact Person KNOTT'S BERRY FARWCEDAR FAIR LLP MIKE PRINCIATA Telephone (714) 220 -5227 Original Contract Amount $332.972 Final Contract Amount $ 332,972 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number CAMEO SHORES FORCE MAIN REPLACEMENT _ Job 162 Project Description INSTALLATION OF FORCE MAIN Approximate Construction Dates: From -i/04 To: 5/04 Agency Name Contact Person CITY OF NEWPORT BEACH MIKE SINACORI Telephone (949 644 -3342 Original Contract Amount $189,814 :Final Contract Amount $ 209,743 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER FOR EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 0 • No. 6 Project Name /Number PARK SENIOR & COMPIUNITY GENDER; RANCHO CrJCAMONGA ftb 458 Project Description UNDERGROUND UTILITIES IMPROVEMENTS Approximate Construction Dates: From 11/03 To: 6/04 Agency Name DOUGLAS E. BARNHART, INC. Contact Person PAUL REID Telephone (909 948 4.;0999 Original Contract Amount $1,419,610 Final Contract Amount $ 1,481,970 If final amount is different from on final, please explain (change orders, extra work, etc.) GHANE ORDER FOR EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Sid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. G C I CONSTRUCTION, INC. Bidder 10 Autho i d Signature/Title Floyd Bennett Secretary Treasurer License Detail Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 755356 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B &P 7071.17, only construction related civil judgments known to the CSLB are di • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 12/02/2004 * * * Business Information * * * GCI CONSTRUCTION INC 245 FISCHER AVENUE SUITE B -3 COSTA MESA, CA 92626 Business Phone Number: (714) 957 -0233 Entity: Corporation Issue Date: 10/16/1998 Expire Date: 10/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description 0 GENERAL ENGINEERING CONTRACTOR * * * Bonding Information-* * *.. CONTRACTOR'S BOND: This license filed Contractor's Bond number 206819443 in the ai $10,000 with the bonding company http: / /www2,csib.ca.gov /CSLB_LIBRARY /License +Detail.asp 12/02/2004 license Detail Effective Date: 01101/2004 Contractor's Bonding History Page 2 of 2 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) TERI GILLESPIE certified that he /she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 10/1611998 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046- 0013132 Effective Date: 03117/2001 Expire Date: 03/17/2005 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2004 State of California. Conditionsof Use Prlv_acY policy http: / /www2.csib.ca.gov /CSLB_LIBRAR`Y/License +Detail.atp 12/02/2004 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of) d If1 being first duly, swom, deposes and says that he-of She is gS2CYt?AC�" - r -wo(zer of @ t I .--PM • , the party making the foregoing bid,' that td hat 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. Bidder Authorize Signaturemtle o Y1Yi2 �S�Trsia Subscribed and sworn to before me this 24' day of f x.01 em&7 2004. [SEAL] t ry Public JANLT L. RUSSELL carnimssion#i3353m . R Notary Publie- CYIffORIl My Commission Expires: t a ,e couMY 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 DESIGNATION OF SURETIES Bidders name G C I CONSTRUCTION, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Insurance: Seltzer Insurance Services (714) 665:9800 140 Centennial Way, Tustin CA 92780 Bonds: Stong Insurance Services (951) 34340382 4859 Arlington Avenue, Ste. B, Riverside CA 92504 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name G C I CONSTRUCTION, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 26 33 27 39 56 32 213 Total dollar Amount of $12M $13.814 $13.7M $13.8M $13.9M $ 7.5M - $'74477 - M Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder tCS 0.�flSifU�'`h6Y1 S.Y1L. Business Address: Business Tel. No.: f State Contractor's License No. and '75535(0 Classification: "A" Title C- endra,l Fnral&uriAj The above information was compiled from the records t t are avail le to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 ACKNOWLEDGEMENT OF ADDENDA Bidders name 01c=&nsh�-Hon i :D�. 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 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 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: Business Address: 245 FiwhQi- Ate aus.55,, 0as+af'USZ CA QZloZCo Telephone and Fax Number: 1+�Q5?-0 33 : y dX t!714 -540 -I (48 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 10 8 Expiration Date: 10131 f 0C4 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone n z45A*Sr-% �t�e•,B3 _ Corporation organized under the laws of the State of ea l� Drrlla. W, a•�d��.►M[= �r- flilrSR /:7iCJo�iw r �LLr I ••��l Corporation organized under the laws of the State of ea l� Drrlla. W, 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: �i O1 7, A is For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have.been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yest) Are any claims or actions unresolved or outstanding? Yes No 17 ' 4` � • If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. l em, - wsIlespie - P,- essr.(Q&- (Print n me of Ow der or President of Corporation /Com any) Authori ed ignature/Title F� t� o� X V_� rer' Title Date Subscribed and sworn to before me this .2416i'n day of NGyf'.YY1& r 2004. [SEAL) JANET L RUSSELL / 1"—' Ccmm:z. =.:.oni�1335385 r. Notary PU04e- Celffic ('.: z r ae CouMy ( 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 :CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 CONTRACT THIS AGREEMENT, entered: into this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI Construction, Inc., hereinafter °Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 44TH STREET TIDAL VALVE REPLACEMENT Project Description 3717 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3717, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). 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. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and fumish fall the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be perfonned. and materials to be fumished 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. 171a 0 0 C. COMPENSATION 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 Sixty -one Thousand, Four Hundred and 001100 Dollars ($61,400.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Steve Luy (949) 644 -3330 GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 714 -957 -0233 714 -540 -1148 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance. Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions 0 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. 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. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 • 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROYk1D AS TO FORM: CITY ORNEY 25 CI7 AK 0 GCI CONSTRUCTION, INC. • e IL r Wit. r- -I a :..:.>nL.c:.:..:. .. .:.. ...: �. ..: : :< :.. :.a :...�.•:m.- ,.:Wiwi '$ F.. ...:. i:.. n .. :.v;:i.. : :.n`; :R>,:.,;..:,.:..:. . : :..•,.,.•r.„s : : : : ;..Ef :: :a..a :..mot d:i..tr..tl.w ,. tr. :3.cw.. a4:k%m e�; " :'2 :.y...,,tr,, ?i 3:>: `$J %'>E>>Etr;d�. �t ... . :.,.. :. : :...•.;. ate lmm/ Y :,a$3 : :e; :: Nn.:.rni:totk!:ii:':5.. _.. a. p;: ...,:;t..::.. >.. > :...,....a.Y.t .tr .. Pro r 714 665 -9800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 140 Centennial Tustin, Ca 92780 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE company Lexington Insurance Company A Company Lincoln General Insurance Company B Insured GCI M02 -COS GCI Construction, Inc. CMES Inc. Pacific Equipment, L.L.C. Company National Union Fire Insurance Co. 245 Fischer Ave. Suite B -3 Company D = State Compensation Ins Fund a THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS EIN LIABILITY General Aggregate e 2,000, 000 A Commercial General Uabillt� Claims Made Occur 2845342 04/01/04 04/01/05 Products- Completad0 A99 a 2,000,000 Personal & Advenisilg Injury 8 1,000 000 Each-Occurrence Owner's & Contractor's Protective Fire Damage (any 1 tire) 50, 000 Medical Expense lanV one remordl B AUTOMOBILE LIABILITY Any Auto 2510004883 -0 04/01/04 04/01/05 Combined Si gle mn S 1,000,000 Bodily Injury (per person) All Owned Autos Scheduled Autos Bodily Injury (Per accident) s Hired Auras NOrvOwned Autos Property Damage c or�Lp /COII Ded $ 1,000 GARAGE LIABILITY Auto Only - Ea Accident Other Than Auto ON Any Auto Each Accident Aimnegarre XCESS LIABILITY Each Occurrence Aggregate s 1. 000 000 C Umbrella Form BE5683769 04/01/04 04/01/05 Other Than Umbrella Form WORKERS' COMPENSATION Statutory Limit Other i ^= %�?' ^„!' % %= EL Each Accident D EMPLOYERS' LIABILITY 046 - 13132 -04 03/17/04 03/17/05 EL Disease-Policy Limit The Proprietor/ Incl PannerVExecutive Officers aro: Excl EL Disease -Ea Employed Is OTHER E IM / Equipment eased /Hired /Ren MXI98401780 04/01/04 04/01/05 Sch Limit $ 770 000 Limit $100,000/5,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS he City, its officers, agents, officials, employees and volunteers are named dditional Insured(s) as per attached endorsements and with respect to work erformed on Project:44th Street Tidal Valve Replacement located in the ity of Newport Beach. Contract No. 3717 Waiver of Subrogation to be included nsurance shall be primary and noncontributory to any other insurance.GCI #180 iY"RIFf.7A7El1i3f� ..l$N 16 3 GGl%1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EI MAIL 30' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Steve Luy Authorized.Ayprosontative L AOOT2U ^&S �tt435i , ,, , -e -tr loSu eppo S 5iFn5 i w a GEFkiA7N 796.' ,. _.. ENDORSEMENT # 014 This endorsement, effective 12:01 AM: 04/01/2004 Forms a part of policy no.: 2845342 Issued to: GCI Construction, Inc. By: Lexington Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Newport Beach, its officers, agents, Officials, employees and volunteers PROJECT I JOB: 44th Street Tidal Valve Replacement located in the City of Newport Beach. Contract No. 3717 (If no entry appears above, information required to complete the endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the above schedule, but only with respect to liability arising out of your work for that insured by or for you. IT IS FURTHER AGREED THAT THIS POLICY IS PRIMARY AS RESPECT ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON - CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PERFORMED BY THE NAMED INSURED. IT IS FURTHER AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE. aA/:::::I .&Ivo Au orized Representative O LX0889 (01195) countersi ture (in states where app! le) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - BUSINESS AUTO POLICY NUMBER: 2510004883 NAMED INSURED: EFFECTIVE: 04/01/04 GCI CONSTRUCTION, INC. COVERED PARTS AFFECTED: ENDORSEMENT NO. _001 COMPANY: LINCOLN GENERAL, INSURANCE COMPANY AUTHORIZED REPRESENTATIVE: SELTZER INSURANCE SVC �,Z IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING AMENDMENT TO THE DEFINITION OF "INSUREDS" SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THE EXTENT IT FALLS WITHIN THE AMENDED DEFINITION ADDITIONAL INSURED NAME: City of Newport Beach Its officers, agents, officials, Employees and volunteers JOB: 44th Street Tidal Valve Replacement located in the City of Newport Beach. Contract No. 3717 It is further agreed that this policy is primary as respect to any insurance maintained by the additional insured and that such insurance of the additional insured is excess and non - contributory. THE DEFINITION OF "INSUREDS" IS AMENDED TO INCLUDE: "ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE "USE" OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSUREDS PERMISSION" THE TERM "USE" WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPERATING, MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. GA Al 8 98 m®rs M�w/ 4. - aval. j P. . BROILER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -080,7 COMPENSATION INSURANCE FUND cERMICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12/30/04 City Of Newport Beach PEblic Works Department 3300 Newport Beach Blvd Newport Beach ,Ca 92G63 GROUP: 046 POLICY NUMBER: 13132 -2004 CERTIFICATE l6:. 099 CERTIFICATE EXPIRES: 03-17 -2005 JOB: 44th Street Tidal Valve Replace Contract No. 3717 This is to cerfity that we have issued a valid' Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indlcai This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This czrtificats of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, tern or condition of any cont act or outer document with respoct to which this certrYicats of insurance may be issued or may Dertalt, the insurance afforded by the policies descr bed herein is subject to all the terms, exclusions, and oondhlons, of such policies. i+ E SW C EMPLOYER'S LIABILITY LIMIT- INCLUDSNU DEFENSE COSTS: $1,000,060 PER OCCURRENCE. yNr7l1RCF.M£NT #nn15 ENTITLED AiIn2TIONAI, INCiJR£n iSMOi,(IYF.R £FF£f,:TTVF. 12 -30-04 IR ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: The City, its offi-Cers, agents, officials, ewloyees and volunteers ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS, NOTICE EFFECTIVE 12 -30 -04 IS ATTACHED TO AND FORMS A FART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 12 -30 -04 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: TRe'C£ty, its officers, a.gtents, officials, employees and Volunteers eACSFIC EQUIPMENT, LLC AND /OR GCI CONSTRUCTION, INC AND /OR CME CORP AND /OR WME, INC 245 FISCHER AVE STE B3 COSTA MESA, CA 426x6 6CIF 10262E AwepMISMAMkteoMylr,ou xe a fat watm rk shatr ds'OFFICIAL STATE FUND OOCUMENr" °i+r &%:Os. 0=04 PAGE t OF i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3717 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Q 3. 0 Lump Sum Mobilization @ and Cents $ I��OD4•.� $ Per Lump Sum Lump Sum Temporary Chain Link Fence @Mu %tjg Dollars and NQ Cents $ 4 DOC $ 0 UU Per Lump Sum Lump Sum PCC Internal Valve Wall @ 96A=44 Dollars and QUO Cents $ AM $ LLM Per Lump Sum Lump Sum Lockable Cover @i.4.fii Dollars and A10 Cents $ 4 $ d� Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. Lump Sum Remove Existing and Modify PCC Structure Dollars and 4(bg Cents $ d $ Per Lump Sum Lump Sum Remove Existing Tide Gate and Operator &gMitkadd Dollars and y10 Cents $ $ r Per Lump Sum 7. Lump Sum Install Tide Gate and Operator 64^1D o I I a rs and 420 Cents $ v?0 ' $ �%Q, wto, Per Lump Sum 8. Lump Sum Control Switch, Wiring, and Indicator Lights Dollars and x/11 Cents $ �r $-�IJO Per Lump Sum PRICE IN WRITTEN WORDS and v / O Cents I 112C4 Dale r %f 14, STC� -,;> �x bKl�4148 Bidder's Telephone and Fax Numbers -IE5 c Class A" Bidder's License No(s) and Classification(s) 6/, eloo, cc Total Price (Figures) Bidder Bidde s Authoriz d Signature and Title Z*5 R''52)Ur 4Ue.,tg3 CnsA��a ^ A 42tn21a Bidder's Address • • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS TIDAL VALVE REPLACEMENT AT 44TH STREET CONTRACT NO. 3717 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 1 3 -3 EXTRA WORK 1 3 -3.2 Payment 1 3 -3.2.3 Markup 1 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 2 5 -2 PROTECTION 2 5-8 SALVAGED MATERIALS 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 4 SECTION 9 MEASUREMENT AND PAYMENT 9 -3 . PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment 9 PART 2 -- CONSTRUCTION MATERIALS H H SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage_ of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 9 -3 . PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment 9 PART 2 -- CONSTRUCTION MATERIALS H H SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 9 201 -1 Portland Cement Concrete 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 Reinforcement for Concrete 9 201 -2.2.1 Reinforcing Steel 9 201 -5 Cement Mortar 9 201 -5.6 Structural Repair Mortar 9 201 -5.7 Structural Epoxy Adhesive 9 SECTION 206 MISCELLANEOUS METAL ITEMS 9 206 -7 Sluice Gate 9 206 -7.1 General 9 SECTION 209 ELECTRICAL COMPONENTS 9 209 -3 Sluice Gate Electrical Components 9 209 -3.1 Gate Operators 209 -3.2 Gate Operator Controls PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.5 Solid Waste Diversion ill] 10 10 10 10 0 • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS TIDAL VALVE REPLACEMENT AT 44TH STREET CONTRACT NO. 3717 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D- 5263 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section,. "The work necessary for the completion of this contract consists of removing interfering portions of existing structure, removing and replacing sluice gate, removing and replacing electric operator, operator switch, connecting electrical facilities, constructing portions of new vault structure, repairing damaged sod or other park facilities and other incidental items of work. SECTION 3-- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 0 0 SP2OF10 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. 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 his work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -8 SALVAGED MATERIALS. The Contractor shall salvage the existing sluice gate, gate operator, lockable cover and other salvageable material. Salvaged materials shall be delivered to the City's General Services Yard at 592 Superior Avenue. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. James Auger, Storm Drain Supervisor, at (949) 718 -3477. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed'. 0 • SP3OF10 No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet his/her original schedule and has demonstrated that he /she will be able to maintain his/her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his/her overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: °A Notice to Proceed shall be issued as soon as all Contract Documents have been approved. All material shall be obtained and at the job site by May 2, 2005. The Contractor shall complete all work under the Contract within twenty consecutive working days after the May 2, 2005 construction start date. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January V,' the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31' (New Years Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. However adjustments may be made to accommodate favorable tide conditions at the discretion of the Engineer. The Contractor, his /her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above.. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working E 0 SP4OF10 during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. When night work would facilitate the construction and minimize the disruption to the community the following requirements would apply: A. Night work hours shall be considered to Monday through Friday. B. The Engineer must approve all requests Residents within 300 feet of the work area contractor 48 hours prior to the start of a prepared by the Engineer. be from 7:00 p.m. to 1 a.m. for night work. Notification to shall be done in writing by the ny night work. Notice shall be C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in • • SP 5 OF 10 settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 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. • SP 6 OF 10 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractors responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners. 5. The Contractor shall accommodate the City's street sweeping. If the Contractor elects to work on a street during its street sweeping day, it shall be the Contractor's responsibility to make alternative street sweeping arrangements by contacting the City's Street Sweeping Supervisor, Mr. James Auger, at (949) 718 -3477 and all property owners. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The 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 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when • • SP7OF10 construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work 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 delivering all required notifications, post signs, notify residents, providing bonds, insurance and financing, establishing a field office, preparing the SWPPP, traffic control plan and construction schedule, and all other related work as required by the Contract Documents. SP8OF10 Item No. 2 Temporary Chain Link Fence: Work under this item shall include installing, maintaining and removing temporary chain link fence necessary to secure the project site and any other permitted sites in the park area, and all other work items as required for performing the work complete and in place. Item No. 3 PCC Internal Valve Wall: Work under this item shall include removing the existing valve and constructing a new PCC wall inside the existing structure, including excavating, sheeting, shoring, bracing, backfilling, compacting, disposing of materials, and all other items as required to complete the work in place. All rebar shall be epoxy coated. Item No. 4 Lockable Cover: Work under this item shall include full compensation for fabricating and installing the lockable cover (sized to fit City locking devices) and related hardware, and for furnishing the labor, materials, tools and equipment to install the lockable cover, complete and in place. Item No. 5 Remove Existing and Modify PCC Structure: Work under this item shall include removing interfering portion of the existing manhole, including manhole frame and cover, manhole steps and lockable cover, properly disposing of materials, and doweling in new rebar, constructing a modified PCC structure, epoxy adhesive, structural repair mortar, and all other items as required to complete the work in place. All rebar shall be epoxy coated. Item No. 6 Remove Existing Tide Gate and Operator: Work under this item shall include full compensation for removing the existing tide gate, electric motor operator, components for electric service, and for furnishing the labor, materials, tools and equipment to remove the existing tide gate, electric motor operator, and components for electric service, complete and in place. Removed and salvaged material shall be delivered to General Services Yard. Item No. 7 Install Tide Gate and Operator: Work under this item shall include full compensation for furnishing the tide gate, electric motor operator, components for electric service, and for furnishing the labor, materials, tools and equipment to install the tide gate, electric motor operator, and components for electric service, complete and in place, including testing and certification of installation, setup and operation per the manufacturer's requirements. Item No. 8 Control Switch with Indicator Lights: Work under this item shall include full compensation for removing the existing control switch, providing, installing, testing and certifying the new control switch with indicator lights, and installing new wire from the control switch to new gate complete and in place per the manufacturer's requirements. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP90F10 PART 2 CONSTRUCTION MATERIALS SECTION 201. - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for tide gate structure construction shall be Class 650 -C -4000. All cement to be Type IV." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy coated Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. All cut ends of reinforcing bar shall be treated with epoxy repair per manufacture's written instructions." 201 -5 CEMENT MORTAR 201 -5.6 Structural Repair Mortar. The cementitious mortar used for setting the new sluice gate shall be SikaTop 123 Plus or other approved. 201 -5.7 Structural Epoxy Adhesive. The structural epoxy adhesive to bond the sluice gate support wall to the existing reinforced structure shall be Sikadur 32, Hi -Mod or other approved. SECTION 206 -- MISCELLANEOUS METAL ITEMS 206 -7 SLUICE GATE 206 -7.1 General. The Contractor shall remove existing gate, and provide and install a Waterman S 50OF Heavy Duty Sluice Gate, or approved equal, with 36 -inch square opening. Waterman Industries can be reached at (800) 331 -0808. SECTION 209 -- ELECTRICAL COMPONENTS 209 -3 SLUICE GATE ELECTRICAL COMPONENTS 209 -3.1 Gate Operators. The Contractor shall remove existing gate operator and provide and install an E.I.M. Gate Lift Model 2FMG -8 or approved equal. E.I.M. can be reached at (562) 483 -4410. 209 -3.2 Gate Operator Controls. The Contractor shall remove existing gate operator controls and provide and install new E.I.M. Gate Operator Controls or approved equal for the approved gate operator. The control shall indicate "Open ", "Close ", and "Stop" with "Red" (Off) and "Green" (On) indicator lights. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 10 OF 10 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Removal may be accomplished by the use of jackhammers or sledgehammers or chipping hammers.. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. �- 3117 • • ���i ►�0 "ate) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 January 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther @city.newport- beach.ca.us SUBJECT: 44TH STREET TIDE VALVE REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3717 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Approve the appropriation of $58,000 to the Tidal Valve Replacement Program (Account No. 7231- C3170722) from Tidelands unappropriated surplus fund balance. DISCUSSION: On December 14, 2004, the City Council authorized the award of the 4e Street Tide Valve Replacement contract to GCI Construction, Inc. The contract provided the installation of a new automatic sluice gate, electric operator, and operator switch after removal of the interfering portions of an existing storm drain structure and its sluice gate. Unfortunately, after multiple installations of the new tide valve, it was discovered that the old 30 -inch corrugated metal inlet/outlet pipe buried beneath the sand and seawall was leaking, thereby negating any positive closure effect of the newly installed tide valve. The situation created the need for an emergency replacement of this inlet pipe, which was a substantial undertaking, and added time and costs to the project. Since the rainy season • 44th Sheet Tide Valve Replacement - Compl nd Acceptance of Contract No. 3667 January 10, 2006 Page 2 was already underway and some flooding had occurred, this inlet pipe was repaired as an emergency item of additional work and scope to the project. The system is now water tight and serves to greatly reduce the potential of street or residential flooding in the area. The final product is much improved over the original plan and provides protection against flooding in this area along Balboa Boulevard and to adjacent residences during tidal and storm events. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $61,400.00 Actual amount of bid items constructed: 61,400.00 Total amount of change orders: 62,957.38 Final contract cost: $124,357.38 The final overall construction cost including Change Orders was 102.5 percent over the original bid amount. During the course of the project the City Manager gave his written authorization to exceed the original contract by over 10 percent per the City Council Policy F -3. However, additional costs were incurred at the end of the project that increased the final cost to over 25 percent of the original contract. Staff now requests the approval of City Council to make the additional expenditure, also as required by Council Policy F -3. Three Change Orders in the amount of $62,957.38 were issued for the project. They were as follows: Change Order 1 in the amount of $10,373.00 provided for the upgrade of the access door and for the installation of a double access door. 2. Change Order 2 in the amount of $5,645.00 provided for the necessary modifications to the concrete inlet box structure including a raised top elevation. 3. Change Order 3 in the amount of $46,939.38 provided for removal of the deteriorated 30 -inch CMP inlet pipe and for the shoring, dewatering and installation of a new 30 -inch PVC inlet pipe through the seawall and into the concrete inlet box structure. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance 40 Street Tide Valve Replacemen pletion And Acceptance of Contract No. 3667 . January 10, 2006 Page 3 and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project. In addition, several projects in the Tidelands may realize cost savings at the end of the fiscal year which would off -set the increase of this project. Account Description Tidelands - Capital Account Number 7231- C3170722 Amount $124,357.38 The original contract completion date was June 22, 2005. Due to change order work, particularly the need to replace the inlet pipe to the tide valve, the contract was extended to December 2, 2005. All work was completed by the revised completion date. Prepared by: �' R. Gunther, P.E. Construction Engineer Submitted Stepp G. Badum PuP c Works Director • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 11, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3697) Notice of Completion (C -3717) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Since ely, LaVo ne Harkless, MMC !!!!!! City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us i • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on December 14, 2005. Said Contract set forth certain improvements, as follows: 40 Street Tide Valve Replacement (C -3717) Work on said Contract was completed on December 2. 2005, and was found to be acceptable on January 10. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a� ��� at Newport Beach, California. BY 'P / City Clerk "f�.� �L /FpRNJ' • 0 ,I Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder WHENRRECORDE RETURN Y T OAND NO FEE 06 JAN 23 ^.,10 :04 2006000034125 01:53pm 01117106 City Clerk 213 148 N12 1 City of Newport Beach{ o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NewporetBeac,Sz�g26 ?�'�'> iJ'Eacii "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION N NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on December 14, 2005. Said Contract set forth certain improvements, as follows: 44' Street Tide Valve Replacement (C -3717) Work on said Contract was completed on December 2. 2005, and was found to be acceptable on January 10. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a� ! �t%� at Newport Beach, California. BY m V , City Clerk 4gsoaa� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC February 21, 2006 GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 Subject: 44th Street Tide Valve Replacement (C -3717) To Whom It May Concern: On January 10, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council. acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 17, 2006, Reference No. 2006000034125. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08744080. Enclosed is the Labor& Materials Payment Bond. Sincerely, 64166 � Ifflia /� 1, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT CONTRACT NO. 3717 BOND NO. 06744080 BOND No. U8744080 PREMIUM: $1,105.00 EXECUTED IN FOUR COUNTERPARTS LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GCI Construction, Inc., hereinafter designated as the "Principal," a contract for construction of 44TH STREET TIDAL VALVE REPLACEMENT, Contract No. 3717 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3717 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars 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, ELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the "laws of the State of California., as Surety,. (referred to herein as "Surety") are held firmly .txwnd until the City. of Newport Beach, in the sum of Sixty -one Thousand, Four Hpndred and 0'01100 Dollars ($61,400.00) lawful money of the United States of America, said sum' Wing -eg ial'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 hind ourselves, our hairs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, Chet 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 idnd, 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, than 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. KPI The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Califomia 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 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same 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 29th day of DECEMBER . 2004. GCI Construction, Inc. (Principal) FIDELITY AWoDEPOSIT COMPANY OF MARYLAND Name of Surety 11411 RED RUN BLVD.,, STE.300 W OWINGS MILLS..MD 21117 -3251 Address of Surety (800) 817 0645 Telephone MICHAEL D. STONG ATTORNEY -IN -FACT Print'Narne and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Orange I ss. 4 County of On Jai. 5, 2105 , before me, Janet L. Russell � Notary Public Dana Name and Tdle of lacer (e.g., 'Jane Doe, Notary Public's personally appeared Floyd Bennett Na ne(s) of Signerys) 7JANET L. Ri1SSEU pry ommissioni1335M Z Notary Public - CQW=le g Orange County tsy Ca*r•n. Ev�itemDac21,Z005 6e personally known to me ❑ 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. WIT ESS my han an fficial seal. Place Notary Seal Above L Byron ignaWre ry Pub5cMtary Rtlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and roattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited D General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1B9a WIf tblery ASOCCalian•RW De sooAr.. P.O. BOY 202 • CluLL h, CA9131 }2102- r,n*WmLolary,oy Pm6 NO. 59(7 neoitle.Cal) Td F,ee l4aWaM22 01,1 1 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California I ss. County of RIVERSIDE On ( L ( Z1 /0 me, R. CIS_NE_ROS DaW � Name and Ttlle N officer (e.g.,-Jam Dce. Notary Publz') personally appeared MICHAEL D. STONG Name(s) of Signer(s) fi. CISNEROS 'LO�C0 1 #1468731 NOTARY PL - CALIFORNIA RIVERSIDE OUMTY Comm. irewune 7, 2008 CN personally known to me 0 proved to me on the basis of satisfactory evidence to be the personXwhose nameis /vI55� subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /he4thetr authorized capacify(ie ), and that by his /hefAAA Fr signature(,sfon the instrument the person;E'ror the entity upon behalf of which the person(4 acted, executed the instrument. WWnSS my hand and official seal. Place Notary Seal Above .S W/ eo Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached. Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGIn'THUMB71NT OFSIGNER�' 0 1 999 National Notary A96xiBlion • 9350 N Soto Ave.. P.O. Box 2402 • Chnnwanb. CA 91313-2402 • wwx.naliIXNlmlary ory Prod No 5907 Bauder. Call Toll -Free 1- 900.979�6e27 FOR January 18, 2007 GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne A Harkless, MMC Subject: 4411, Street Tide Valve Replacement (C -3717) To Whom It May Concern: On January 10, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 21, 2006. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08744080. Enclosed is the Faithful Performance Bond. Sincerely, LaVorme M. Harkless, MMC City Clerk cc: Public Works Department Michael J. Sinacori, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 44TH STREET TIDAL VALVE REPLACEMENT BOND No. 08744080 PREMIUM: $1,105.00 CONTRACT NO. 3717 EXECUTED IN FOUR COUNTERPARTS BOND NO. 08744080 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,105.00 , being at the rate of $ 18.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted„ awardedito GCI Construction, Inc., hereinafter designated as the "Principal', a contract for construction of'44TM STREET TIDAL VALVE REPLACEMENT, Contract No. 3717 in the City of Newport -Beach. in strict conformity with the plans, drawings, spettificallons, and other Contract - Documents mair*dned in the Public Works Department of the City of Newport Beach, all of which are incorpoi`ated'herein by this reference. WHEREAS, ,Principal has executed or is about to execute Contract No. 3717 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF r duly authorized to transact business unifier the laws of the State of Cakiomia as Surely (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Skly -one Thousand; Four Hundred and 001.100 •Dollars ($61,400.00) lawful' money of the United` States of America, said sum being equal to 100% of the estimated amount of the Contract, to fie paid to the City of Newport Beach, its successors, and assigns; for which payment weti' 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 an 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 perforated at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or Pals to indemnify, defend, and save harmless the City of Newport Beach, As 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. 28 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. 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 or to the specifim ions accompanying the same 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 29th day of DZCEMBER 2084. GCI Construction; Inc. (Principal). FIDELITY.AND.DEPOSIT COMPANY OF MARYLAND Name df Surety 11411 RED RUN BLVD., STE 300 W OWINGS MILLS, MD 21117 -3'251 Address of Surety (SOU) 817 0645 Telephone • Gi r A*um�zegt4ure MICHAEL D. STONG ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On Jarlt=ir 5, 20M , before me, Janet L. Russell _ Notary Public Dare Name and T31e of Dffi. (e.g.. 'Jam Doe, Notary Peelle) personally appeared Floyd Bennett Names) of Sigml(s) JANEr L. RUSSELL Commission i 1335M C Notary Public Public - Cal forma Grange County *MYCmrrf.E)0fasDoc21,20D5 R personally known to me ❑ 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. WIT ESS my an an /ffrcial seal, Place Notary Seal Above L, RIF'.9aUi9.rereo lo]ar PuNklotaty OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Dale: Number of Pages: Signer(s) Other Than Named Above C.apacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of 9turM here ❑ Corporate Officer — T)tle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Nat NdaryASaooiaeoe•RIS0 Oe Sdo Ave., P.O. Box 2902•Chahvvoa, CA 913152402•vmw.nelionaholerycry Pm NO. 5907 Reo Or WTN�.l8'eg)6,692f CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California ss. County of RIVERSIDE On Z 17-1 ,0 q- before me, R. CISNEROS Date Name and Till. 00M.., (e.g..'Jane Doe. Nalary Public-) personally appeared MICHAEL D. STONG Names) of Signers) OLR. CISNEROS COMM. #14""' NOTARY PlBtl CALIFORNIA RIV 810 COUNTY CoMM e5 June 7, 20D8 T personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personwhose nameislv< subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his /her#keir authorized capacity(iwe�, and that by .his /hei:Aheir signature(sr)'on the instrument the person,(ej; or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS•iny hand and official seal. 4- Plato Notary Seal AO a Signature of Nolery Pcblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and 'reattachment of this form to another document. Description of Attached Document TRle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named. Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb nee ❑ Corporate Officer — TRIe(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 Nalp Notary Asmciatim • 9350 De Sob Awe.. P.O. Box 2402 • CiN1fiW h. CA 91313-2402 • www.ruti9nalnvtarv.vy Prvo. No. 580% B9oNeY 04 WW. I4 016.53V ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_ This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year, -for 2004, 10% of direct earned premium in the prior year, and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; I V I I - , .. • - _ . - 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But no act shall be certified by the Secretary as an act of terrorism if the act is committed as part- of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 - 0050749.doc i Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFRCE: P.O. BOX 1227, BALTIMORE, MD 212011727 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice- President, and T. I. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vi, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full fora and effect on the date hereof, does hereby nominate, constitute and appoint Stephen A. Drake, of Pasadena, California, its true and lawful agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pun ce of these p tde hall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly excerr a and edged by larly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. Q The sa id Assistant Secretary does hereby certify that the extract on the ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice- president and Ass' crenny ha ° to subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MAR is 13th e, A.D. 1997. ATTEST: FIDELITY AN" POSIT C 'ANY OF MARYLAND C ° ����GrCaG(IGiLQra 0 T. E. Smith Asseslanl W B. Walbrecher Yrce- President State ofMaryland County offBaltmore On this 13th day of June, A.D. 1997, before the suF r, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice - President and T. E. S stunt Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and o escribed in and who executed the preceding inshmnent, and they each aclarowledged the execution of the same, and being by me duly evcraliy and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the g instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed bscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my.Otficial Seal the day and year first above writ tea �my.ary� ""tort � � Y Car 1J Fader NolaryPablie My Co Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY ARID DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a fall, hue and correct copy, is in full force and effort on the date of this certificate; and 1 do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attamey- in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced sigoature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed " IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this L142"12- )_. /CJ - Amisimrt Secretary 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT �3 - a''`q) V _3Qt'7 Agenda Item No. 14 December 14, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Stephen Luy 949 - 644 -3311 sluy@city.newport-beach.ca.us er SUBJECT: 44:m STREET TIDAL VALVE REPLACEMENT - AWARD OF CONTRACT NO. 37117 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3717 to GCI Construction Inc. for the Total Bid Price of $61,400.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $5,000.00 to cover the cost of unforeseen work. 4. Approve a Budget Amendment appropriating $36,400 from Unappropriated Tide and Submerged Land Surplus Fund Balance, 230 -3605, to the Tidal Valve Replacement Program, 7231- C3170722. DISCUSSION: At 11:00 am on December 2, 2004 the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction Inc. 2 Fleming Environmental Inc. TOTAL BID AMOUNT $61,400.00 67,939.00 The low total bid amount is 62% percent above the Engineer's Estimate of $38,000.00. The reason for the discrepancy between the estimate and bid is due to underestimating the cost of control switches and the reinforced concrete valve wall. The low bidder, GCI Construction Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors Subject: 40 Street Tidal a Replacement —Award of Contract No. 37170 December 14, 2004 Page: 2 references indicates they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities. This project consists of removing interfering portions of an existing storm drain structure and its sluice gate. A new sluice gate, electric operator, and operator switch will be installed. A new storm drain structure will be constructed to replace those portions removed from the existing structure. Per the Contract Specifications the Contractor will have 20 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project. In addition, several projects in the Tidelands may realize cost savings at the end of the fiscal year which would off -set the increase of this project. Account Description Tidelands - Capital Prepared by: f Stephen uy Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number 7231 C3170722 Submitted by: Amount $66,400.00 Step nA. Badum �ubli orks Director 10 1] 0 10nie 0 0 A9 cowsp CITY OF NEWPORT BEAC PUBLIC WORKS DEPARTMENT 44T" STREET TIDAL VALVE REPLACEMENT H/gywq Y PROJECT v 9� v O DRAWN S J'JLy�)fDATE APPROVED_`5 (/ DRAWING N0. EXHi C -3717 aU W 00 H O CL W a LL O F- H U H Z W Q IL w D N Y O 3 U J m M IL d 0 0 i dW o Q op LL! i w F S C h U O W w g Y Y S U O U 0 <7 _O� �O U J O J p m m � J O A � d U w in Z Z W W U 5 W w 5 w J Q > O HQ f Z LU W w C Zw = ~ m Iwo Z OZIr rvwa 0 a 0 x n U i p m 4 0 0 U M H L 3 FECT ON X SOURCE: PX (rty of Newport BeaCo NO. BA- 031 BUDGET AMENDMENT 2004 -05 AMOUNT: $3s,aoo.00 BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AHQ Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for the 44th Street Tidal Valve Replacement, Contract #3717, from the Tidelands Fund unappropriated fund balance. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 230 3605 Tidelands Fund Fund Balance WENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands - Capital Account Number C3170722 Tidal Valve Replacement Program Division Number Account Number Division Number Account Number Division Number Account Number Signed: z�, - (_ . Financi I Approval: Administrative Services Director Oed: Administrative A proval: City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $36,400.00 • Automatic $36,400.00 is 7 —oy Date IA&I'S 1b;4 I Date