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HomeMy WebLinkAboutC-3954 - 38th Street Tidal ValveCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 14, 2010 Mr. Terry D. Gillespie GCI Construction, Inc. 245 Fischer Avenue, Ste B3 Costa Mesa, CA 92626 Subject: 381h Street Tidal Structure /Tide Valve (C -3954) Dear Mr. Gillespie: On June 23, 2008, the City Council of Newport Beach accepted the work for 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 August 7, 2009. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08872045. Enclosed is the Faithful Performance Bond. Sincer Leilani I. Brown, 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 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC August 7, 2009 Mr. Terry D. Gillespie GCI Construction, Inc. 245 Fischer Ave, Ste B3 Costa Mesa, CA 92626 Subject: 38th Street Tidal Structure /Tide Valve (C -3954) Dear Mr. Gillespie: On June 23, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 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 July 03, 2009, Reference No. 2009000353321. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 08872045. Enclosed is the Labor & Materials Payment Bond. Sincerel GtJ/1SF�inI�,J Leilani 1. Brown, MMC r y CZVK 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 0 9 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PREMIUM INCLUDED IN PUBLIC WORKS DEPARTMENT PERFORMANCE BOND 38TH STREET TIDE VALVE REP CEMENT CONTRACT NO, 3954 BOND NO. 08872045 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 35TH STREET TIDE VALVE REPLACEMENT, Contract No, 3954 In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the offloe 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. 3954 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used In, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the taws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Ninety -Two Thousand, Eight Hundred and 001100 Dollars (S92,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Prtncipars subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified In this Bond. and also, In case suit Is brought to enforce the oblotions 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. 26 41 The Bond shall Inure to the benefit of any and all persons, companies, and corporationts entitled to file Balms under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. W. 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 specificatiorts 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, afteraWns 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 duty executed by the above named Principal and Surety, on the 3rd day of JUNE 2008. GCI Construction, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone ROSEMARY CISNEROS Print Name and Title NOTARY ACKNOWLEDGMENTS of CONTRACTORANDSURETYMUSTSE ATTACHED 27 • •. State of California COUnty Of n/�% % On or. personally appeared who proved to me on the basis of satisfactory evidence to be the persoroy whose name(9�Wawsubscribed to the within Instrument and acknowledged to me that he/shWtbey executed the same in fhisllwMeir authorized capacklies1, and that by his/ber/Ibeir signaturei*on the instrument the person*, or the entity upon behalf of which the person("cted, executed the it sMunent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea PWO MMMr saw Signature � a ito OPTIONAL TlkxVh the adarmaflen below is nor required bylaw, It may prom valuable to petsois mly ft an me document and could pre wN h8udWent removal and reatfadvnent of-dfa form to anoerer document. t . Description of Attached 'Document Title or Type of Document: Document Dale: Signers) OMter Than Named Above: Capacity(Iles) Claimed by Signer(s) Signet's Name: ❑ Individual • Corporate Offioer — TMIe(s): _ • Partner — ❑ Umited ❑ General • Attorney in Fad • Trustee • Guardian or Conservator ❑ Odw.. Signer Is Representing: Top d ft" here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — T7Me(s): • Partner — ❑ Umfted ❑ General • Attorney In Fad • Trustee • Guardian or Conservator Signer Is Representing: Top of MUM here CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On JUNE 3, 2008 personally appeared before me, MICHAEL D. STONG "NOTARY PUBLIC" (Here insert nsmc and title ofthe officer) ROSEMARY CISNEROS who proved to me on the basis of satisfactory evidence to be the person(4 whose name(sl is/are subscribed to the within instrument and acknowledged to me that Jlti /she /thtby executed the same in his/her /their authorized capacity(.ies), and that by his/her /their signature(g) on the instrument the person(4, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHAEL D. STONG COMM. #1788943 WITNESS )my hand and o cull s I. NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY ^� k4' Comm. Emma Jan. t7, i072 (Notary Stall ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of enacted document) (Title or description of attached documem continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual(s) ❑ Corporate Officer ❑ Partner(s) ❑ Anomey -in -Fact ❑ Trustee(s) ❑ Other 2008Venion CAPAv12.10- 07800- 873.9865 www.NaaryClassescom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknwfedgment campkwd in California msm consults verbiage e>actly as appears above in the notary section or a sepvrote arbrenr/edgment form must be properly com#ered and anotched to that docuenu. 1M only exception is rf a docwnrni is to be recorded outride of California. fn such inswrres, any alternstme csc*m: r1edgmrnt verbiage as may be printed on such a document w Amg at the verbiage does trot require de notary to do soanrdatrg that a illegal for a muory in Calrfonua fir cenifymg the amfwrtad colwctty of the .signer). Plrose check the dorwrm enrefitfly for proper nwtorwl wording and attach this fain if-il-red • State and County information mum be the State and County wtere the document signcr(s) personally appeared before the notary public for acknowledgment • Date of nmanralm must be the date that the sipar(s) personally appeared which mast also be the same date the ackrowiedgrtem a completed. • TM notary public mum prim his or her name as it appears within his or her commission fo]lowed by a mama and then you title (notary public). • Prim the name(s) of document signeris) who personaph appear at the time of notarization • Indicate the correct singular on plural forms by crossnig off incorrect Joints (i.e hdshelthey- is /ace) or circling the cosecs forms. Failure to conecOy Indicate this information may lead to rejection of document recording. • The rotary sap impression mist be clear and phowltraphically reproducible Impression must not coven tan or Ives. If seal impression smudges, re -seal if a sufficient area permits, otherwise compete a different acknowledgment fomr • Signature of the notary pudic must match the signature on file with the office of the merry clerk. • Additions] information is non required but could help to ensure this acknowledgment is not misused or attached to a different dmwnem • Indicate tide or type of attached document, number of pages and date. b Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO. Secretary) • Securely attach this document to the signed document L RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re. :nrd.d u, Ofhn.r(orda. (lr.rnuc County Von, n.dy. Clerk Recuider li I I,Ij'll I i IL'If Till f I II'll ,l of Nl rio F E r 2J0900035332109 04am 01/03/09 119 11 N12 1 ,)00 11 00 not) 0 00 000 000 060 000 "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, of Costa Mesa, California, as Contractor, entered into a Contract on June 10. 2008. Said Contract set forth certain improvements, as follows: 38th Street Tidal Structure/Tide Valve (C -3954) Work on said Contract was completed, and was found to be acceptable on January 14, 2009, 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. Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. T Executed on U �� 1�7, I at Newport Beach, California. M � D 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT JO 2'I 20r,g Agenda Item No. 6 June 23, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949 - 6443312 or tsandefur @city.newport- beach.ca.us SUBJECT. 38TH STREET TIDAL STRUCTURE / TIDE VALVE— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3954 RECOMMENDATIONS: 1. Accept the completed contract work and Authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 10, 2008, the City Council authorized the award of the 38'h Street Tidal Structure / Tide Valve project to GCI Construction, Inc. The contract provided for removing interfering portions of existing valve vault, removing and replacing sluice gate, installing electric actuator, constructing valve vault modifications, installing new valve vault hatch, installing conduits, pulling conductors through existing streetlight conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements. 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: $92,800.00 Actual amount of bid items constructed: $92,355.00 Total amount of change order: $6,340.80 Final contract cost: $98,695.80 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the increase of sidewalk needed to provide access to the tidal structure and the decrease in the number of plants that had to be relocated for the project. The net result was a decrease of $445.00 in bid items. There were three • 3e Street Tidal Structure 1 Tide Vatve . Complet0and Aoceptance of Contract No. 3954 June 23, 2009 Page 3 Funding Availability: Funds for the construction contract were expended from the following account: Account Description Tide and Submerged Lands Prepared by: Tom Sandefur Associate Civil Engineer Account Number Amount 7231- C2502001 $98,787.87 Total: $98,787.87 Submitted by: WG. -Badum Works Director ! • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC June 24, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 38'" Street Tidal Structure/Tide Valve (C -3954) Ocean Pier Repairs (C -3973) Balboa Village Alley Replacement (C -3944) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, Califomia 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • 0 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, of Costa Mesa, California, as Contractor, entered into a Contract on June 10, 2008. Said Contract set forth certain improvements, as follows: 38°i Street Tidal Siructure/Tide Valve (C -3954) Work on said Contract was completed, and was found to be acceptable on Janua 14, 2009, 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. "orks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. T 1L n �,p Executed on U O � �'f , ' �'� 1 , at Newport Beach, California. rin 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10 :00 AM on the 27th day of May, 2008, at which time such bids shall be opened and read for 38TH STREET TIDE VALVE REPLACEMENT Title of Project Contract No. 3964 $119,000.00 Engineer's Estimate A prove y 5,4-o? Stephen G. Badum Public Works Director Prospective bidders may 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 Tom Sandefur, Project Manager at (949) 644- 3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newg)ort-beach.ca,us CLICK: e- onlineservices /e- bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 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 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 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 AFFIDAVIT 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 1.. 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). 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. 1553!50 ; OjaSS k1k Contractor's Lice se No. & Classification � Cbnis-fri�f ion��x�c. Bidder -� ,iii _ � .'T►'�. El • - • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 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 38TH STREET TIDE VALVE REPLACEMENT, Contract No. 3954 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within Thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 20th day of MAY . 2008. GCI CONSTRUCTION, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 MICHAEL D. STONG, ATTORNEY -IN -FACT Address of Surety Print Name and Title Telephone (Notary acknowledgment of Principal 8, Surety must be attached) 0 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �a..:m.�S: State of California County of OC� rJ �1 On mil C "&C pp s before me, Data I -�•-� �Nme Mail None TMe of the oer personally appeared f-1�( �i &1Ur I JANET L RUSSELL Comml Ca # 1624297 z -� Notary Public - Califcmla 5 Orange County rdyComm. Expires Dec 21, 2 who proved to me on the basis of satisfactory evidence to be the person(eywhose name* Ward subscribed to the within instrument and acknowledged to me that he/sh bW executed the same In hisl11@Mhetr- authorized capacity(ies), and that by hishlerRbeirsignature(s)-on the instrument the person(s); or the entity upon behalf of which the person("eted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea Signature Place Notary Seal ALwe Sig Aura of N ary Pudic OPTIONAL Though the information below is not required by few, 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(les) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact iffimplaw • Trustee Top of thumb here • Guardian or Conservator • Other: Signer Is Representing: Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 6 RIGHT T'd UMBPRINT CF SIGNER i • CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On ��� before me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to he the personWwhose nameeis /are- subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in IIW4erAlteir authorized capacity(.ies), and that by hisAw 4beir signature(oon the instrument the personX or the entity upon behalf of which the personj<acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sumo of Nolay Public R. CISNEROS COMM. #1488731 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY (N�v) Comm. Expires June 7 2008 ADDITIONAL OPTIONAL INFORMATION DESCRRMON OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofanached document continued) Number of Pages _ Document Date (Additional interaction) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey4n -Fact ❑ Trustee(s) ❑ Other 2008Vmiou CAPAva2 .(0.07800-8739865 www.NouryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknonrkdgtaernr completed in Callfo"da agar cannon verbiage exaaty os apprarr above in the army, section or o separate ocknowledgnem form raw be properly completed and attached to tMr docnamrm. The ady exception it if a document is to he recorded owde gfCalfbn0a In such ha wncea. my akenwive ackxmvkdgmew verblage as may be printed as arch a dOCmnent so long as the verbiage does amt require the nowy to do sonewhing alm is illegal far a nomry to CaVomia (Le certifying tke oudmrl ed capacity of doe signer) . Planar check the docunaw carefullpfor prepernormml uwvNPgand arsoch ahtaform tfrequked. • State and Conroy infurnatun most be the Stale and County where the doamxnl signan(s) personally appeared before the way public far acknowledgment. • Dale of notarization must be the date that the sigoer(s) personally appeared which must also be the same dole the ack nowkdgmenl a campkred. • The nerery public must print his or her name as it appears within his a her connotation fullevved by a came and than your Ode (notary public). • Print the notne(s) of docunad signer(s) who ptasanally appear at the time of nomrizaeon • Indicate the correct singular or pWral forms by crossing air inure fors (i.e. WAcAdhM is lase) or circling the cases farms. Failure to correctly indicate this infmnnation may lead to rejaxion efdocument ramrding • The notary seal impression must be clear and phaogmplikally repmdmrbk. hnpression must rat cwt lest or lines. If seal impression smudges, re -seal if a sufficient area permits, ahawirecomptae s different andmowledgment tam. • Signature of the musty public most match to signature on rile with the office of the county clerk. 4r Additional infennmion is net required but could help to ensue this acknoatrdgmem is not misused or attached to a difrerenl demand. a Indicate tide or type ormadned docmruem, number of pages and date. fi ImScam to capacity chaored by the signer. H the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Sccreuuy). • Securely anala this documenn to the sued document L • 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, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute and appoint Michael D. STONG, of Riverside, California, its true tto -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and : ar a ° d undertakings, and the execution of such bonds or undertakings in pur ° en g upon said Company, as fully and amply, to all intents and purposes, a kedged by the regularly elected officers of the Company at its office in ih ' ns. This 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 VI, Section 2, of the By- y, and is now in force. IN WITNESS OF, the said Vice - President and Assistant Secretary 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: FL State of Maryland i ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND f", Z), - Eric D. Barnes Assistant Secretary 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 hand and affixed my Official Seal the day and year first above written. 8 '('� � Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA -F 012 -0029 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article V1, 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 instmmems in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do firther 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 I Oth 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 ;t6A day of C'e-ao-, AssisWat Secreiary 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 seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I 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 Attorney-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 A day of O (2 L")07-all� Assismat Secretary Best's Rating Center - Corn y Information for Fidelity and Dep Company ... Page 1 of 1 Rat" Center � YN Ratings: Financial SOengih lssuczcredil Securities Advanced Search Rating Method Z Rating: A(Excellent) Industry Research AHlllation Code: a (Group) Rsflrlge Deftntlbns / Fidelity and Deposit Company of Maryland search B is ROtlrip eavrlol taukr,Flrr r ranicesi AM.east #:.1130] NNC.: vus. FIN ii: 13M46677 Press Releases Address: 1400 American lane Phone: 847605 -6000 Related ProdlCi3 P Schaumburg, It 60196 -1056 Fax: 847 -605 -6011 Well: www.zunch n @.S_om Best's Ratings Ctx+ltry Risk rm4ured t 18lICC Financial Strength Ratings View Definitions Rating: A(Excellent) `ow to tiff Read AHlllation Code: a (Group) Financial Size category: "($2 Billion or greater) CorYed en St 'dal Outlook: Positive Action Affirmed Efra,u a Date' December 11, 2007 * Denotes Under Review Best's Ratings Other W.b Centers r.g eta Th „reY^s,, .,, %turf lc wapanwe r,v,�pn a, «.ibm.kaly ro mw w argovy cM'gaew b NM1Cyl,oloorc. Issuer Credit Ratings yleW Pgtinitior s Long -Term: a+ Outlook: Positive Action: Armed Date: December 11, 2007 Reports and News Visit our NewaRCOm for the latest news and press releases for this company and its A.M. Best Group. AMB Credi! Report - Insurai Professional (Una_br dged) (formerly known as Beefs Company Report). includes Best's Fin; rationale along with comprehensive analytical commentary, detailed business overview and key financial data r Report Revision Date: 12111/2007 (represents the latest Significant change), -' 16storical Reports are avadaWe in AMB_Cfad[Regoo:. Insurance Professi naL(Unebr'doed)Archwe. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity and reserve analysis. � t Data Status: 2008 Best's Statement File -Pic, US. Contains data compiled as of 5/24/2008 (Quality Cross Checked). k Single Comp_ a_ ny - five years of financial data specifically on this company. a Comparison side -by -side financial analysis of this company with a peer group of up to five other companies you select. a Cgmpgaitle - evaluate this company's financials against a peer group composite. Report displays both the average and total composite group. L AMB CredRR rt - B P f sill - provides three years of key financial data presented Win colorful charts and tables. Each m Wrest Best's Ratings. Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of W2412008 (Quality Cross Checked). Beet's Key"ng.4Wde Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Beers Key Ra Data status: 2606 Financial Data (Quality Cross Checked). 4 Financial and Analytical Products Best's Property/Casuahy Center - Premium Data & Reports Best's Key Rating Guide - PIC. US $ Canada Bests Statement File - PIC, US Basi's Statement He - Global Best's Insurance Reports - PIC, US & Canada Best's State Line PIC, US Best's InsuranQa-Exjdmse Exhibit 0EEJ31C. -t18 Best's Regulatory Center Market Share Reports Best's Schedule P (Loss Reserves) PIC, US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Polic I Secu I Terms of Use I Legal & Licensing Copyright eadqu AM. Best Company, Inc All rights reserved. A,M. Best WotldMtle Headquarters. Amber[ Road.Oklwick. New Jersey, 0608, U.S.A. http: / /www3. am be st. co m/ ratings /F u I I P rofi le. asp? B I =O&AM B N u m= 387&AltS rc =1... 05/27/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 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: �t Address: ('i9 C4 9d -175 Phone: State License Number. _M 5q 34- Name: Wc�YI� Address: Phone: (56;163 804-18 00 State License Number: Name: Address: Phone: State License Number: rr- c 'd-Si r �Gr ; �� 'cr 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name GCI 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 Orange -Olive Rd. & Heim Ave. Street, Sewer & Storm Drain Improvmts. Project Description Street. Sewer and Storm Drain Improvements Approximate Construction Dates: From April 2006 To: October 2006 Agency Name City of Orange Contact Person Randy Nauven Telephone (714) 744 -5531 Original Contract Amount $ 989.920 Final Contract Amount $ 989,920 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. 0 0 No. 2 Project Name /Number 226`h Street Extension & Storm Drain Project Description Street and Storm Drain Improvements Approximate Construction Dates: From April 2006 To: September 2006 Agency Name City of Hawaiian Gardens Contact Person Jacki Niemi Telephone ( 562) 420 -2641 Original Contract Amount $ 1.376.054 Final Contract Amount $ 1.418,373 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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 Knox Avenue Street. Sewer and Storm Drain Improvements Project Description Street. Sewer and Storm Drain Improvements Approximate Construction Dates: From August 2005 To: February 2006 Agency Name City of Fontana Contact Person Albert A. Webb Assoc./ Phil Limoine Telephone (951) 686 -1060 Original Contract Amount $ 2.120.965 Final Contract Amount $ 2.178,022 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order 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 9 0 No. 4 Project Name /Number Mariners, China Cove and 62nd Street Wastewater Puma Station Project Description Pump Station Improvements Approximate Construction Dates: From November 2004 To: January 2006 Agency Name City of Newport Beach Contact Person Mike Sinacod Telephone (949) 644 -3311 Original Contract Amount $ 1.582.170 Final Contract Amount $ 1,668,545 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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 Domestic Water Interconnection (IRWD Zone 4 /LAWD Zone 1 Project Description Domestic Waterline Improvements Approximate Construction Dates: From October 2007 To: February 2008 Agency Name Irvine Ranch Water District Contact Person Billy Stewart Telephone (949) 453 -5610 Original Contract Amount $ 678.670 Final Contract Amount $ 694.154 If final amount is different from original, please explain (change orders, extra work, etc.) Chanae Orders 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 0 No. 6 Project Name /Number Project Description 0 Approximate Construction Dates: From To: &OiWnk2' a�f'f Agency Name Contact Person 1< rd;+1h . geiq :� Telephone*) 4-38 Original Contract Amount $Final Contract Amount $a�Ut9ldq amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. C-.c= &n.S*L '0V Bidder Autho ized ignature/Title TZV wftff V . 10 0 0 General Engineering Contractor Lic. No. 755356 City of Newport Beach May 27, 2008 Office of the City Clerk 3300 Newport Boulevard Newport Beach, CA 92663 Re: 3e Street Tide Valve Replacement Contract No. 3954 Bid Project Subject: Experience Resume I would like to take this opportunity to introduce G C I Construction, Inc.. For 16 years we had been doing business as Gillespie Construction, Inc. as a General Engineering Contractor specializing in underground utilities, storm drain, sewer, water, street & grading improvements, provide emergency repair for all of the services mentioned. In 1998 we began G C I Construction, Inc.. We are still engaged in the same type of work. Combined we have over 26 years of experience as a General Engineering Contractor in this field. We have also worked for the City of Newport Beach on this type of work for years on various projects. Our key individuals would be Terry Gillespie, President; Richard Tirrell, Vice President; and Floyd Bennett, Secretary Treasurer. Terry Gillespie has over 35 years experience in this industry. Richard Tirrell and Floyd Bennett both have over 45 years experience in this industry. Present commitments would be Terry Gillespie overseeing certain projects in a supervisory/superintendent capacity. Richard Tirrell also oversees projects in the same capacity. Floyd Bennett oversees the office staff and all financial matters including extensive job costing. All officers participate in the bidding of new projects. All officers are very hands on in all aspects of the business operations. GCI Construction, Inc. also employs a number of highly experienced key employees who act as Superintendent/Foreman and Project Managers on all of our projects running them from start to finish. They too have many years experience in this industry as well as with GCI Construction, Inc.. GCI Construction, Inc. is a full service general engineering contractor with many years experience working with numerous Public Works agencies, Water Districts as well as County and State agencies. We look forward to the opportunity to work with you in the future. Sincerely, GCI Construction, Inc. Terry D. Gillespie President 245 FISCHER AVENUE, STE. B -3, COSTA MESA, CALIFORNIA 92626 (714) 957 -0233 FAX (714) 540 -1148 0 - • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 NON - COLLUSION AFFIDAVIT State of California ) ss. County of 10 rte) being first duly sw rn, deposes and says that he erske is P of 6=bR * ilk. , the party making the foregoing bid; at the bid is not made in the interest of, or on behalf of, any undisclosed sed 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 t foregoing is true and correct. C CZQD't1s�i�i0r1.SX1C Bidder T Author" d a ure/fitle z.CTftAS Subscribed and sworn to (or affirmed) before me on thise-Rdiday of 2008 by 0014d E QI-n (.A r e oF proved to me on the basis of Satisfactory evidence to be the person(s -} who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANE". RUSSELL PU611c a 6\W'MVC0'nm.E)Pl1GsDGc2,2 COMMUOn # 1624297 Notary Public • Calif ornia [SEAL] orange county tn° My Commission Expires: 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 DESIGNATION OF SURETIES Bidders name GCI Construction, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Insurance: Seltzer Insurance Bryan Seltzer- 714 -665 -9800 140 Centennial Way, Tustin 92780 Bonds: Stong Insurance Services Mike Stong - 951 - 343 -0382 4850 Arlington Avenue, Ste. B, Riverside 92504 12 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name GCI 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 2007 2006 2005 2004 2003 Total 2008 No. of contracts 25 25 16 17 9 15 1 on Total dollar Amount of Contracts (in $5,250,991 $8,061,315 $13,534,969 $10,535,592 $9,759,446 $7,058,895 '26tJ;r8 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 Workday Cases No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder Qax-GqnswuaHmac. Business Address: 0-?Q.?grjSO' pr t4g M41SUftZ 2088► Business Tel. No.: +7W-gs -.0,7 -op-3 3 State Contractor's License No. and rr Classification: 4 Title r The above information was compiled from the records Mat are w7ailable 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 0 r r s' ;'<ic.<.c�✓c�f.; .y...� :.a.!� �K N�it_sat_sa3,.:a• >...:a. sa:,:.a..:at..=. <.T._=;:Lat a>,.atiav�tG�:',.�.• �i sF,.:at,.:aL!=v,. =ac!..t_:�+� .v . �u!a >,_av:� State of California County of n(—C% C l On a O before me, (x1f UL oere personally appeared �r y U 11�- JANET L. RUSSELL _ Commission #-16-24297 Notary Public - California .m Orange County QM rn VCam. E>WUes Dec 21, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 4"4shafthey executed the same in histfwitheir authorized capacity(les), and that by- hiatberrtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official al r Signature Place Nolery Seel Above Signature of Ncxh,r714&1c 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(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General _ • Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator • Other: Signer Is Representing: Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): Cl Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGI:TT WCAB KN4 OF SIGNFR LEI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 ACKNOWLEDGEMENT OF ADDENDA Bidders name T 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 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: GCI Construction, Inc. Business Address: 245 Fischer Avenue, B3. Costa Mesa, CA 92626 Telephone and Fax Number: 714 - 957 -0233: fax 714 -540 -1148 California State Contractor's License No. and Class: 755356: Class "A" (REQUIRED AT TIME OF AWARD) Original Date Issued:10 /98 Expiration Date: 10 -31 -08 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Terry D. Gillespie — President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Terry D. Gillespie President 245 Fischer Ave., B3. Costa Mesa (714) 957 -0233 Richard L. Tirrell Vice President " " Floyd Bennett Secretary Treasurer " 11 " Corporation organized under the laws of the State of California 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: GCI Construction, Inc.; Gillespie Construction, Inc. ; WME Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NA Briefly summarize the parties' claims and defenses; NA 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. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes / No 17 0 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. CO. Hres�d i1+ Title #in before me, v personally appeared Notary Public, who proved to me on the basis of satisfactory evidence to be the persoI whose narrI is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /#,er/tlaeirauthorized capacity(ies), and that by his/ber/#aePr signature(e� on the instrument the person(a}, or the entity upon behalf of which the person(&] acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission Expires: •OC1 I 18 JOAN L. RUSSELL Commlaslon * 1624297 motary Public - CalUorMa Orange County My Cantu. E�ires *1:21.2 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 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 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 CONTRACT THIS AGREEMENT, entered into this/O({' day ofJana , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI Construction, Inc., a California Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 38TH STREET TIDE VALVE REPLACEMENT "The work necessary for the completion of this contract consists of removing interfering portions of existing valve vault, removing and replacing sluice gate, installing electric actuator, constructing valve vault modifications, installing new valve vault hatch, installing conduits, pulling conductors through existing street light conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements." 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. 3954, 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 furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 i • 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 Ninety -Two Thousand, Eight Hundred and 001100 Dollars ($92,800.00). 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: Tom Sandefur (949)644-3312 CONTRACTOR GO 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 0 0 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. 4. Other Insurance Provisions 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. v. 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 23 • • amount provided that the Work damaged is built in accordance with the plans and specifications. 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 1. 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 active 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. 5. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 i 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. CITY CLERK APP VED AS TO FORM: -,� C - AA ON C. HARP Assistant City Attorney 25 Cl A B) ,.,ur.,, GCI CONS4*RAJCTIQ3. INC. Officer) '.: :� L TdMI&- 0 0 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PREMIUM INCLUDED IN PUBLIC WORKS DEPARTMENT PERFORMANCE BOND 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 395 BOND NO. 08872045 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 38TH STREET TION VALVE REPLACEMENT, Contract No, 3954 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. 3954 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY 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 bound unto the City of Newport Beach, in the sum of Ninety -Two Thousand, Eight Hundred and 00 /100 Dollars ($92,800.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to Elie claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 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 3rd day of JUNE , 2008. GCI construction, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone �" • c, Authorized AgentObnature ROSEMARY CISNEROS Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of �r� m On personally appeared JANET L RUSSELL _ Cortvnlasion # 1624297 a Nohay Public • Callfointo Orange county My Catrun. E;VM Dec 27, 200 who proved to me on the basis of satisfactory evidence to be the person(eywhose name(s)•is/awsubscribed to the within instrument and acknowledged to me that he(sh&Vxy executed the same in hislJae AWr authorized capacity(ies), and that by hislherAMir signature*on the instrument the personal, or the entity upon behalf of which the person(eYUcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea Signature Place Notary Seal Abe Slgnature of N ry odic 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. ,I Description of Attached `Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IGHTTHUMBPINT SIGNR Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact NEIME ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thump here CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On JUNE 3, 2008 before me, MICHAEL D. STONG "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared ROSEMARY CISNEROS who proved to me on the basis of satisfactory evidence to be the person(4 whose name(jf is /are subscribed to the within instrument and acknowledged to me that J-;ii6/she /t4&y executed the same in his/her /their authorized capacity(. cQ, and that by his/her /heir signature(( on the instrument the person(4, or the entity upon behalf of which the personVacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MICHAEL D. STONG COMM. #1788943 My Comm Expires Jan. 27, 20 12 hand and o cia NOTARY CALIFORNIA COU NTYRIVERSIDE __ _ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10 07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form most be properly completed and attached to that document. The only exception is If a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this farm if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarisation must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must prim his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of not2nzation. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shehhegr is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. .° Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document +e Indicate title or type of attached document, number of pages and date. .° Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 38TH STREET TIDE VALVE REPLACEMENY EXECUTED IN FOUR COUNTERPARTS PREMIUM: $1,670.00 CONTRACT NO. 3954 BOND NO. 08872045 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1, 670.00 , 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, awarded to GCI Construction, Inc., hereinafter designated as the "Principal ". a contract for construction of 38TH STREET TIDE VALVE REPLACEMENT, Contract No. 3954 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in 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. 3954 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 MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety -Two Thousand, Eight Hundred and 00/100 Dollars ($92,800.00) lawful money of the United States of America; said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fall to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 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 specifications 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 3RD day of JUNE '2008. GCI Construction, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BL STE PENTHOUSE GLENDALE, CA 91203, Address of Surety (818) 409 -2800 Telephone - Authorized Agent o ROSEMARY CISNEROS Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F;\UserslPBwlSharecACentractshFY 07.09135th Street Tldal Valve C•3954%CONTRACT- C•9954.dcc 0 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT : i<_ �<(: io. S✓ Lw: i;!.. e•.. i. o. 3v. NtiNvi:.: �.. �.,,:>„ y... a4. rc�v.: �<,. �.', y.,, atC•+. c�: iN,: p_ �...,. ��. a, y': � <:.y<[ji'.a.a•a<L�ii�c:��.v.:i. _tea.- �a.C�t- .�+L:o.. ��� mr State of Califomia s c..j f Not personally appeared who proved to me on the basis of satisfactory evidence to be the person(eywhose name(*is/awsubscribed to the within instrument and acknowledged to me that hethft bey executed the same in htslbe AWr authorized capacity(ies), and that by hisThentpeir signatures }on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify ureter PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officials al. PfeW NOWry 6eW Above Signature 91 dNwry Puak OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent haudulent removal and reattachment of this lorm to another document. Description of Attached `Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Uf SIC'dv hli Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titte(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here r1 ' .ic;r 'y �v �s- .e• ,N �.. u <'e• 'v �v c':i 'y�':✓ � '✓ 'r .r �e•"r'n �r '� CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On JUNE 3, 2008 before me, MICHAEL D. STONG "NOTARY PUBLIC" (Here insen name and title of the officer) personally appeared ROSEMARY CISNEROS who proved to me on the basis of satisfactory evidence to be the person(sl whose name(.4 is /aFe subscribed to the within instrument and acknowledged to me that * /she/tl4oy executed the same in his /her /their authorized capacity(.ies�, and that by his /her / their signature(a'j on the instrument the person(g), or the entity upon behalf of which the person(4acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 17. .:, MICHAEL D. 9T5 my hand d cial al. COMM. #1788943 NOTARY PUBLIC - CALIFORNIA c RNERBtOE COUNTY My Comm. Expires Jan. 27.2012 (Notary Seel) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Anorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v]2.10,07 800- 873 -9865 www NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or o separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as may be printed o,, such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required. • State and County infomtation must be the State and County where the document signer(s) personally appeared before the notary- public for acknowledgment. • Date of notarization must be the date that the signet(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /ere I or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover tad or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •.° Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. +° Indicate title or type of attached document, number of pages and date. •7 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 0 0 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 PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s te, constitute and appoint Rosemary CISNEROS, of Riverside, California, its true and t act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a & takings and the execution of such bonds or undertakings in pursua o s on said Company, as fully and amply, to all intents and purposes, as if x t ged by the regularly elected officers of the Company at its office � i�n �Ba� rr s power of attorney revokes that issued on behalf of RosemarvSiandat uan; 2• r14 n The said Assistant Section 2, of the By Ordfohat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WREP'50F, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of February, A.D. 2004. ATTEST: �w orvos�� '� Wo 0 rIl► i 1? n State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary By: Paul C. Rogers Vice President On this 11th day of February, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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 saitb, 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 hand and affixed my Official Seal the day and year first above written. r a .},rw�.awr -MYp O' POA -F 012 -0629C Dennis R. Hayden Notary Public My Commission Expires: February 1, 2005 L 0 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 Attomeys -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 seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I 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 Attorney -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 '394 day of `-/ 'ago 9 • ou. dolyt_� AssWml Secretary W VYY ACORD CERTIFICAT F LIABILITY INSURAN OF ID AA DATE (MDD Y) GCIC06/03/08 O -1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Seltzer Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 140 Centennial Way ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Tustin CA 92867 Phone:714- 665 -9800 Fax:714- 665 -9801 INSURERS AFFORDING COVERAGE NAIC4 INSURED INSURER A: Lexington Ina. Co. (AIG Group) 19437 INSURER 8: Granite State (AIG Group) R GCI Inc. onstruction, Inc. � , Pacific her ve. LLC 245 Fischer Ave. Ste B3 Costa Mesa CA 92f>26 INSURER C: Nat. Un. Fire Ina Co (AEG Or.) 19445 INSURER D: Redwood Fire & Casualty 11673 INSURER E: Ficnane Fntl /Aes. Co. of Amos. 21873 $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NOR TYPE OF INSURANCE POLICY NUMBER LI EFFECTAIE DATE MMID POLICY MWOOTI N DATE EXPI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A R $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR 1260420 04/01/06 04/01/09 PREMISES (Ea occurelxa $50000 MED EXP (Any one person) $ • Owner's /COnt. Pro PERSONAL S ADV INJURY $1000000 a $ 10,000 • %CU /Deductible GENERAL AGGREGATE 52000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $2000000 POLICY $ PRO- JECT LOC . Ban. 1000000 B AUTOMOBILE LIABILITY ANY AUTO 02 -CA- 009349089 -0 04/01/03 04/01/09 CO MINED COMBINED SINGLE LIMIT $1,000,000 R BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS R HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ R Comp /Coll Ded $1000 R PROPERTY DAMAGE (Peraetldenl) $ % No Liab. Ded /SIR GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ S AUTO ONLY: AGG C EXOESSAIMBRELLALIABILITY $ OCCUR FI CLAIMSMADE BE9219788 04/01/08 04/01/09 EACH OCCURRENCE 54000000 AGGREGATE $ 4000000 S DEDUCTIBLE § § RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS'LUIBILITY ANY PROPRIETORIPARTNERMXECUTIVE 4403006113 -081 03/17/08 03/17/09 - TORY LIMITS X ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE S 100000 OFFICERNEMSER EXCLUDED? 11 yes, describe antler SPECIAL PROVISIONS below E.L. DISEASE - POLICYLIMR §1000000 OTHER E n4- Eqp. /Lesd -Hrd -R M7a98401780 04/01/08 04/01/09 Bob Limit 1.8M /838k/5 CDC - Zurich IBR67425654 04/03/08 04/03/091 Limit 159900 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder along with its officers, officials, employees and volunteers are additional insured with respect to operations of named insured for project: 38th Street Tide Valve Replacement, GCI Sob 274, Contract No. 3954 as per attached blanket endorsements. *10 -day notice of cancellation for non - payment of premium City of Newport Beach Public Works Department Attn: Tom Sandefur 3300 Newport Blvd Newport Beach CA 92663 ACORD 25 (2001/08) CITYONB ( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR 1988 0 0 GCI Construction, Inc. POLICYNUMBER: ENDORSEMENT COMMERCIAL GENERAL LIABILITY 1260420 CG 20371001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Fil lei 66 • • •� i . •i• I I 'r • •, J ! •. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket "As Required By Written Contract" This endorsement applies to work performed on Commercial Projects only and excludes ny and all "Residential Structures" work as defined by LX 9911 (02/00 on the policy. Location And Description of Completed Operations: Additional Premium: III no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products - completed operations hazard ". CG 20 37 10 01 *ISO Properties, Inc., 2000 Page 1 of 1 ❑ LX9604 0 ENDORSEMENT This endorsement, effective 1201 AM 04/01 /2008 Forms a part of policy no.: 1260420 Issued to: GCI CONSTRUCTION, INC. By:LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. Au crized Representative OR Countersignature (in states where applicable) LEXOCC234(111031 000486 ENDORSEMENT This endorsement, effective 1201 AM 04101/2008 Forms a part of policy no.- 1260420 Issued to: GC CONSTRUCTION, INC. By:LEXINGTON INSURANCE COMPANY 0 PRIMARYMON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only Wth respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non - contributing. All other terms and conditions of the policy remain the same. thorized Representative OR Countersignature fin states where applicable) DOWS (081051 0 Commercial Automobile ENDORSEMENT SCHEDULE 0 NAME AND ADDRESS OF AGENCY INSURANCE COMPANY AI Risk Specialists Granite State Insurance Company Insurance, Inc. Member American International Group, Inc 100 Summer St. Executive Offices: 70 Pine St. Boston MA 02110 New York NY 10270 AGENCY 0000090262 NAME AND MAILING ADDRESS OF INSURED POLICY NUMBER GCI CONSTRUCTION INC 02 -CA - 009349089 -0/003 CME INC POLICY PERIOD P.O. BOX 2617 FROM: 04 -01 -08 TO: 04 -01 -09 ORANGE CA 92859 END. DATE: 06 -12 -08 At 12:01 A.M. standard time at the mailing address shown. THESE ENDORSEMENTS MAY MODIFY THE INSURANCE PROVIDED UNDER THIS POLICY. PLEASE REFER TO COVERAGE PART FOR FULL EXPLANATION. * * * THE FOLLOWING COMMON COVERAGE FORMS APPLY TO THIS POLICY * * * CA2001 - LESSOR - ADDITIONAL INSURED AND LOSS PAYEE CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS, PUBLIC WORKS DEPARTMENT JOB: 38TH STREET TIDE VALVE REPLACEMENT, NEWPORT BEACH, CA, CONTRACT NO.3954 CA 92663 0000 06 -12 -08 Page 1 of 1 SIGNATURE OF AUTHORIZED REPRESENTATIVE 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY FORM NUMBER INSURER REDWOOD FIRE & CASUALTY INSURANCE COMPANY WC- 99 -03 -01 CALIFORNIA WAIVER OF SUBROGATION We agree that in consideration of the additional premium charged, the Right of Subrogation Clause contained in this policy is hereby waived as respects the following persons or entities: "Any person or organization to whom you are obligated by valid written contract wherein you have agreed to furnish this waiver." This endorsement applies only to those persons or entities listed in the foregoing paragraph. The insured agrees to maintain contract records in order to determine for which jobs this waiver will apply. That information will be verified by the insurer at final audit. A surcharge of 1% shall be applied to the risk's Standard Premium, subject to a minimum charge of $500, and will be collected upon completion of the final audit. This endorsement changes the policy to which it is attached and Is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective: 03/17/2008 Insured: GCI CONSTRUCTION, INC. (A CORP) Insurance Company Redwood Fire And Casualty Insurance Company Policy No. 4403008113 -081 Endorsement No.: 1 Countersigned by: i Fax #: 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 6/9/08 Dept. /Contact Received From: Shauna Oyler Date Completed: 6/10/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: GCI Construction, Inc. CME, Inc. CIVI AC7_1��GT 711111199 A. INSURANCE COMPANY: Lexington Insurance Co. B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? IM Each Occ/ 2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Granite State B. AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? ® Yes ❑ No $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Redwood Fire & Casualty B. AM BEST RATING (A: VII or greater): A + +XIII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it include ? I ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Aut addi Tonal i Zed is not included. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR1 of 4 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. 3954 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 1. Lump Sum Mobilization, Demobilization and Cleanup @t2QYLld(J�rtL7 Dollars *1 and 140 Cents $ I'sa000.00 Lump Sum 2. Lump Sum Traffic Control @err l>e,hl t MW Dollars and mQ Cents $ 500Go Lump Sum 3. Lump Sum Remove Existing Canal Gate, Rails, Stem, & Concrete_ Mounts J(l Ot @ SA4 , Dollars R6I� and 4 Cents $ oC100. °O Lump Sum 0 5. R 7 n 0 E Lump Sum Remove Hatch & Upper Portions of Existing Concrete Vault & Reconstruct Top of Vault @iQ i flpUf({a Dollars and C Cents Lump Sum Lump Sum Remove Portion of Existing Vault Wall and Construct New Reinforced Concrete Wall with 24" Diameter Opening @a i uscy Dollars No and Cents Lump Sum Lump Sum, Furnish /Install Pressure Slide Gate (Waterman P -30ff, or equal) with Electric Motor Operator @t1bVl -Itol- f Dollars and NO Cents Lump Sum Lump Sum Furnish /Install Actuator Control Pedestal @eve QJQ5bflU Dollars N and U Cents Lump Sum Lump Sum Furnish /Install 4'x6' Double Leaf Aluminum Hatch @ 1 ' Dollars N611� and Cents Lump Sum Lump Sum Furnish/Install #10 Stranded Copper Conductors in Existing Street Light Conduits @ y v said Dollars �` and No Cents Lump Sum J PR2of 4 �a lf� }ICJ.oc $ 5f�000,°Q 'j OR "705 � $ 4 000),oa 10. 11 12 13. 14. 15. • . • Lump Sum Furnish /Install 1 -1/4" PVC Conduit Y<" Nylon Pull Rope & #10 Stranded Copper Conductors @ M 164 370A kawDol lars and Cents Lump Sum . Lump Sum Remove Existing Ladder @ '50( Dollars }�{_ and 1�C.1 Cents Lump Sum Lump Sum Remove Interfering Portions of Existing �PCC_W..a_lIk �t @ IOM �1 rx Dollars and NG Cents Lump Sum Lump Sum Remove & Salvage Two Small Palm Trees @ i r Dollars and Na Cents Lump Sum Lump Sum Remove Interfering Rose Bushes @--ffi .Yak Xd6 Dollars ��/I and N6 Cents Lump Sum Lump Sum Remove and Relocate Irrigation Controller Reset Switch �/ and I d Cents Lump Sum 16. 40 S.F. Construct 4" Thick PCC Walk @ Dollars and No Cents SS.00 Per Square Foot PR3of 4 $ a GO $ 000.06 II $ o?;160•00 • • PR4of 4 17. Lump Sum Furnish and Install Stainless Steel Ladder @ tXY1f Dollars and �d Cents $ 3° Lump Sum 18. Lump Sum Provide Temporary Bulkhead Manual Valve & Pumping @ r4jaw6dKEd Dollars xf and No Cents $ ,_,. I Lump Sum 19. Lump Sum Provide As -Built Drawings @ Ti`U Jt Dollars 6 and lV lV Cents Per Lump Sum it• TOTAL PROJECT TOTAL PRICE IN WRITTEN WORDS Total Price Items 1 —19 (Figures) N% l0i _Ua`WQ(6E'YQ t:jnT T F.UUrQX Dollars y and Iyd Cents $ �%� �CJ�• o Total Price Items 1 - 19 The award of the contact, if made, will be to the lowest responsible bidder as determined solely by the City using the total price bid fohitems 1 through 19 inclusive. fYlav�a�o8 Date Bidder � �445�7- C�3 -33; �71�f X40• -114 -8 Bidder's Telephone & Fax Numbers Bidde s �55354n; 0s ''A `` Bidder's License No(s). Bidder's and Classification(s) Signa e &%Ttit e_ Call %f�Cil4t111�1 � Lislinc�ss I'o�rtal California Business Search 0 Page 1 of 1 .�e�•rt•tnr, i�r�t:!tcL1EP.F�,Et31'VEN DISCLAIMER: The information displayed here is current as of MAY 23, 2008 and is updated weekly., It is not a complete or certified record of the Corporation. Corporation GCI CONSTRUCTION, INC. Number: C2091126 Date Filed: 8/311998 Status: active Jurisdiction: California Address 245 FISCHER AVE STE B 3 COSTA MESA, CA 92626 Agent for Service of Process FLOYD BENNETT 245 FISCHER AVE STE B 3 11COSTA MESA, CA 92626 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca.gov /corpd ata /S howAl iList ?QueryCo rpN umber- C2091126 &pri... 05/27/2008 Check A License: Contracto *License Detail Page 1 of 2 Skip to: CSLB {come I Content I Footer I Accessikiilv earct Department of Consumer Affairs wft :_ *-- •G'OV Contractors State Li �e aard r # # ; . �i:1 }�.� I }} }111 {{k JL '614441 0141; IMIT1.. 11111 1111-4}. U II IIII IIIIII.1 l. ;w;�t}IM9tl!% •_Ii8�1'.1�f1�1{Ad1t "_ .. 11NBNf.ItffO CSLB Newsroom DISCLAIMER., A license status check provides information taken from the Board and Committee Meetings CSLB license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pi CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link c Frequently Asked to obtain complaint and /or legal action information. Questions • Per B &P 7071.1 7, only construction related civil judgments reported to the CSLB are die, Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto If Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 755356 Extract Date: 05/27/21 • Check Application Status Business GCI CONSTRUCTION INC • Search for a Surety Bond Information: 245 FISCHER AVENUE SUITE B -3 Insurance Company COSTA MESA, CA 92626 • Search for a Workers' Business Phone Number: (714) 957 -0233 ..... ...... Compensation Company Entity: Corporation How to Participate Issue Date: 10/16/1998 Expire Date: 1013112008 License Status: This license is current and active. All information below should b, reviewed. Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR .... ....... ..... .. ... Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 206819443 in the am( of $12,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) TERRY DON GILLESPIE certified that he /she owns 10 percent or more of I voting stocklequity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/16/1998 http: / /www2.csl b.ca.gov /Gene ra I -I nformationli nteractive- tools /check -a -lice nse /Li... 05/27/2008 Check A License: Contractor' License Detail • Page 2 of 2 Workers' This license has workers compensation insurance with the Compensation: REDWOOD FIRE AND CASUALTY INSURANCE CO Policy Number: 4403006113081 Effective Date: 03/17/2008 Expire Date: 03/17/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) am listed on other licenses. Consumers i Contractors i Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy i Contact CSLB Copyright © 2007 Stale of California W hftp: / /www2.cslb.ca.gov /General -I nformation/ interactive - tools /check -a- license /Li... 05/27/2008 Encompass Detail Acct. Type: Business Tax License #: BT98040993 Bus. ID: 0023939 Name: GCI CONSTRUCTION INC Owner GCI CONSTRUCTION, INC. Name: Owner C Type: Exp. Date: 2/2812009 S Addy: 245 FISCHER AVE #B -3 S Addy 2: Addr3: COSTA MESA CA Zip: 92626 B Addri: 245 FISCHER AVE #B -3 B Addr2: B Addr3: COSTA MESA, CA B Zip: 92626 Phone: 714 -957 -0233 FEIN: 330819143 SEIN: 2091126 Established: 31311999 SIC: 1511 - GENERAL CONTRACTOR Owner #: 0023939 # of Emps: 1 usr1: 13620 usr2: BT98040993 usr3: usr4: usr5: usr6: usr7: *StM : ® WKIro5OFt... I I@ Microsoft-:.1 i ,j Inbox - ... 1912 Per:.. 0 2 Into...- • 0 1 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 �3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -3 SUBCONTRACTORS 2 -3.1 General 2 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 �3 I-1 • 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6.9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 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 6 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 Businesses and Residents 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201.5 CEMENT MORTAR 11 201 -5.6 Quick Setting Grout 11 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 12 303 -5.1.1 General 12 SECTION 304-5 ALUMINUM DOUBLE LEAF HATCH 12 SECTION 304-6 STAINLESS STEEL LADDER 12 PART 7 - -- ELECTRIC ACUTATED TIDE VALVE AND VAULT LATCH SECTION 700 ELECTRIC ACTUATED TIDE VALVE AND VAULT HATCH 14 700 -1 PRESSURE SLIDE GATE, ELECTRIC ACTUATOR, AND CONTROLS 14 f :\users\pbvASharedlcontracts \fy 07-08\38th street tidal valve c- 3954\specs index c- 3954.doc ri CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 3954 INTRODUCTION SP 1 OF 14 Exp. 12/31/08 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- 5352 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (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 -3 SUBCONTRACTORS 2 -3.1 General. Add to this section: "if and when connecting to an Edison Electrical Pull Box or Vault construction shall be done by an Edison Approved Contractor." 2 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information. Add to 8): "The Contractor's submittals shall include, but not be limited to, the sluice gate, motor operator, electrical controls, pedestal and cabinet, ladder, hatch, epoxy materials, and concrete mixes. Submittals shall be approved prior to ordering any parts or materials." 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 valve vault, removing and replacing sluice gate, installing electric actuator, constructing valve vault modifications, installing new valve vault hatch; installing conduits, pulling conductors through existing street light conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements." 0 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 Contractor's costs and shall constitute the markup for all overhead 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 SP2OF14 added to the and profits: 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. 0 SECTION 5--- UTILITIES SP3OF14 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, electrical pull boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments affected by proposed work. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage existing tide valve, stem, rail guides, and valve vault hatch covers. The Contractor shall remove and salvage existing vault ladder. Salvaged materials shall be delivered to the City's General Services Yard at 592 Superior Avenue. Unless directed otherwise or shown otherwise on the plans, the Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Jim Auger, General Services 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 start date as designated on the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his 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." • 0 SP4OF14 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "the Contractor shall complete all work under the Contract within 125 consecutive working days from the "Notice to Proceed ". Up to 100 consecutive working days shall be granted for shop drawing preparation, review and approval, tide valve manufacturing and delivery. No work shall be done on the site until delivery of the tide valve. After receipt of the tide valve the Contractor shall install and complete all construction activities under the contract within 25 consecutive working days. Unavailability of material will not be sufficient reason to grant the Contractor and extension of time." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1$t t 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 and 5th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25w and 26th (Christmas), and December 31St (New Year's Eve)." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Friday. The Contractor, his 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, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 0 0 SP5OF14 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 settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." "No discharge of concrete, debris, or any construction materials whatsoever is allowed into the harbor waterways. Contractor is responsible for payment of any and all penalties imposed by any agency including the Santa Ana Regional Water Quality Control Board, due to illegal discharges associated with the construction activity, which enter the public waterways" 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 residences within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to all residences 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 areas. 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: 'The Contractor shall identify and obtain City approval for his /her staging areas before start of work or mobilizing equipment and materials. If additional space is needed, it is the Contractor's responsibility to obtain such additional storage areas. No materials or equipment shall be stored on the jobsite site outside of the approved staging area. Prior to move -in, the Contractor SP6OF14 shall take photos of the staging area. After construction the Contractor shall restore the area to its pre- construction condition." 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 and detour plan. The Contractor shall be responsible for processing and obtaining approval of the traffic control and detour plan from the City's Traffic Engineer. This plan shall be conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Contractor shall adhere to the conditions of the traffic control and detour plan. The plan must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7 -10.4 Public 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 -10.5 "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. SP7OF14 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 Businesses and 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 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 "A" Contractor's 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 SP8OF14 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 providing bonds, insurance and financing, establishing a staging area, preparing the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing a detour plans, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing Canal Gate, Rails, Stem, & Concrete Mounts: Work under this item shall include removing existing gate, stem, & rail system and return to the City Yard. Existing concrete mounts shall be removed to the limit of original vault wall and floor and disposed by the contractor. Mounting holes shall be filled flush with epoxy to the satisfaction of the City inspector. Item No. 4 Remove Existing Hatch and Upper Portion of Concrete Vault and Reconstruct Top of Vault: Work under this item shall include removing and disposing upper portions of the existing concrete vault, metal hatch & protection of PCC vault walls to remain, including existing PCC bulkhead, coring existing concrete, placing epoxy coated reinforcing steel and epoxy grout filler, forming and placing concrete, coordinating all dimensions and specifications for accurate placement and mounting of new double leaf hatch, and all other related work items as required to complete the work in place. Item No. 5 Remove Portion of Existing Vault Wall and Construct New Reinforced Concrete Wall With 24" Diameter Opening: Work under this item shall include removing and disposing of portions of the existing concrete vault wall & floor, protection of PCC wall & floor to remain, including existing PCC bulkhead, coring existing concrete, placing epoxy coated reinforcing steel and epoxy grout filler, working in saltwater and tidal fluctuating environment, constructing temporary bulkhead and relief valve to allow work during tide fluctuations, forming and placing concrete, coordinating all dimensions and specifications for accurate placement and mounting of slide gate (tide valve), and all other related work items as required to complete the work in place. SP9OF14 Item No. 6 Furnish and Install 24" Pressure Slide Gate (Waterman P -30ff, or equal) with Electric Motor Operator: Work under this item shall include full compensation for procuring and delivering slide gate and electric motor operator to the site, installing slide gate and electric motor operator; conductors, and connections for electric service; and for furnishing the labor, materials, tools and equipment to install the gate, operator, controls and electric service, complete and in place, including testing and certification of installation, setup and operation by representatives from Waterman Industries, Inc. The electrical service shall extend to existing 1201240 single phase service as shown on the plans. Item No. 7 Furnish and Install Actuator Control Pedestal. Work under this item shall include full compensation for procuring and delivering control cabinet, pedestal, constructing concrete pad and all connections for the electric motor operator; components, #14 stranded copper conductors, and connections for controller to actuator; and for furnishing the labor, materials, tools and equipment to install the control cabinet, complete and in place, including testing and certification of installation, setup and operation by representatives from manufacturer. Item No. 8 Furnish and Install 4'x6' Double Leaf Aluminum Hatch: Work under this item shall include full compensation for procuring and installing hatch, including furnishing the labor, materials, tools and equipment to install the hatch in accordance with the manufacturers recommendations complete in place. Item No. 9 Furnish and Install #10 Stranded Copper Conductors in Existing Street Light Conduits. Work under this item shall include furnishing and installing all new #10 stranded copper conductors and making connections required for electrical service between existing 1201240 service cabinet to the vault, in existing street light conduits, and between existing pull boxes, to power electric motor actuator and control pedestal, and all other items as required to complete the work in place. Item No. 10 Furnish and Install 1 -114" PVC Conduit, %" Nylon Pull Rope and #10 Stranded Copper (Black, Red, & Green) Conductors. Work under this item shall include furnishing and installing all Schedule 40 PVC conduit, 1/4" nylon pull rope, new #10 stranded copper conductors and making connections required for electrical service between existing pull box, control pedestal and electric motor actuator in vault, including additional flex conduit in vault as shown on plans, to power electric motor and control pedestal, and all other items as required to complete the work in place. Item No. 11 Remove Existing Ladder: Work under this item shall include removing existing ladder and return to the City Yard. Mounting holes shall be filled flush with epoxy to the satisfaction of the City inspector. Item No. 12 Remove Interfering Portions of Existing PCC Walk: Work under this item shall include removing and disposing existing PCC walk where shown on the plans and as directed by the City Inspector. SP 10 OF 14 Item No. 13 Remove and Salvage Two Small Palm Trees: Work under this item shall include removal and salvage of two small palms with 20 "x20" root ball into separate 24" wood boxes as directed by the Engineer and deliver to Randy Kearns (Park Maintenance Supervisor). Item No. 14 Remove Trees and Interfering Rose Bushes: Work under this item shall include removal of rose bushes interfering with proposed improvements as directed by the Engineer. Item No. 15 Remove and Relocate Irrigation Controller Reset Switch. Work under this item shall include removing and reinstalling switch as shown on plans or as otherwise directed by the City Inspector, including equipment, labor, and materials necessary to provide an accessible point for relocation to the satisfaction of the City Inspector complete in place and fully functioning. Item No. 16 Construct 4" Thick PCC Walk. Work under this item shall include constructing 4" thick PCC walk at the locations shown on the plans, matching existing grades and as directed by the City Inspector, forming, scoring, and including equipment, labor, and materials necessary to provide the improvements intended on the plan the satisfaction of the City Inspector. Item No. 17 Furnish and Install New Stainless Steel Ladder. Work under this item shall include furnishing and installing new Type 316 stainless steel ladder, including shop drawings to be approved by the Engineer, all Type 316 stainless steel hardware & fasteners, mounting on existing and/or proposed concrete vault wall. Ladder fabrication and installation shall be to the satisfaction of the Engineer and in accordance with OSHA requirements, including any necessary appurtenances. Compensation shall include all submittals, equipment, labor, and materials necessary to provide the improvements intended on the plan the satisfaction of the City Inspector. Item No. 18 Provide Temporary Bulkhead, Manual Valve & Pumping: Work under this item shall include the means, methods, installation and removal to provide a temporary bulkhead device and small diameter valve on the channel side of the existing vault outlet to allow working within the vault during tidal fluctuations. Compensation shall include submittal of temporary mounting methodology to the engineer for approval prior to installation. A temporary vault pump out system shall be included in this item of work. Item No. 19 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer prior to request for progress payment." 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." SP 11 OF 14 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, and for concrete walkway construction shall be 560 -C -3250. 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 A615, A775 and D3963 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new tide gate flange with a quick setting grout as recommended by the gate manufacturer and as approved by the city." 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. 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. Joins to existing concrete vault lines shall be 2 -inch full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers, 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. SP 12 OF 14 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1 '/2 inch" of the last sentence with the words "two (2) inches ". 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. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." ADD THESE SECTIONS: 304-5 ALUMINUM DOUBLE LEAF HATCH Furnish and install 4'x6' Double Leaf Access Door Hatch Type JD -AL (300 PSF) as manufactured by Bilco, or approved equal. Hatch shall have all Type 316 stainless steel accessories and hardware. Locking device shall be the recessed type capable of inserting pad lock within a hinged cover. 304 -6 STAINLESS STEEL LADDER Furnish and install Type 316 stainless steel ladder for mounting in existing concrete vault at the location indicated on the plan unless otherwise directed by the Engineer. Ladder shall be custom fabricated to fit in the vault, free from encumbrances, accessible and functional to the satisfaction of the Engineer, and in accordance with OSHA requirements. Ladder design shall be 1s1 submitted to the engineer for approval, including all dimensional data and mounting methodology. SP 13 OF 14 PART 7 SECTION 700 - -- ELECTRIC ACTUATED TIDE VALVE AND VAULT HATCH 700 -1 PRESSURE SLIDE GATE, ELECTRIC ACTUATOR, AND CONTROLS Install 24" Waterman Industries, Inc., medium duty P -30ff sluice gate, or equal approved by the.Engineer, with Type 316 non - rising stainless steel stem to fully open gate, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel rails and yokes, flush bottom closure, primed and epoxy coated gate and flangeback frame for wall mounting against grout pad, all primed and epoxy coated by the manufacturer and all Type 316 stainless steel hardware. Install AUMA, or equal approved by the Engineer, heavy duty operator with torque and limit switches, reversing starter, local 3 button /2 light pushbutton station, local -off- remote selector switch, declutchable handwheel, all primed and coated by the manufacturer. Power source is 1201240 volt, single phase, 60 Hz. Actuator shall conform to the requirements of AWWA C540 -93. Actuator enclosure shall be NEMA 6 IP68 (watertight submersion of 20 feet water column for 72 hours). Manual over -ride shall be by handwheel. Manual operation will be via power gearing to minimize required rimpull and facilitate easy change -over from motor to manual operation when actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. Actuator shall be capable of hand wheel operation if motor control unit is removed. Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. Limit switch drive shall be by countergear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Contacts shall be of silver and capable of reliably switching low voltage DC source from the control system furnished by others. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. All wiring shall be terminated at a plug and socket connector. All actuators in open /close service will be furnished with integral motor controls consisting of reversing starters, control transformer, phase discriminator, monitor relay (to signal fault conditions such as thermal switch trip, torque switch tripped in mid - travel, wrong phase sequence or phase failure), 'open- stop - close" pushbuttons, 'local -off- remote" selector switch in addition to red and green-indicating lights. An interface with i 0 SP 14 OF 14 the control system must be furnished with optical isolators to separate incoming voltage signals from the internal motor controls. Size operator and sluice gate to raise and lower the gate against 50 feet of seating head and 10 feet of unseating head at 9 -to -15 inches per minute. Install electric motor control panel in Type 316 stainless steel waterproof pedestal enclosure, with clear plastic stem cover and Mylar strip type position indicator; and provide `open ", "close" and "stop' controls with red (off) and green (on) indicator lights per A.W.W.A. C- 501 -80, Sections 3.15.13 and 3.15.15, and a 20 AMP circuit breaker. 1 -1/4" Sch. 40 PVC conduit with #10 THWN wiring for motor and #12 THWN wiring for control circuit from existing service & meter to motor in tide valve vault, control pedestal, between existing pull boxes and within existing 1 -114" street light conduits. Install wiring in conduits to meet N.E.C. standards. Install Type 304 stainless steel fasteners and anchor bolts throughout. Shopcoat non - stainless ferrous metals with a polyamide epoxy paint system. Fabricate, assemble and anchor sluice gate, operator, control components, enclosures and attachments with materials that are waterproof, primed, epoxy coated, and certified for long -term exposure and long -term submergence in a salt water environment, and prove to the Engineer's satisfaction that these specifications have been met. Upon obtaining prior authorization of the Engineer, provide a manufacturers authorized representative to certify the installation, setup and operation of the sluice gate, operator and controls. Upon acceptance of the sluice gate, operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice gate, operator and controls. F: \Users\PBW\Shared \Contracts\FY 07- 08138th Street Tidal Valve C- 3954\SPECS C -3954 38th Street Tide Valve.doc 0 F- 1 L is i i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949 - 644 -3312 or tsandefur @city.newport- beach.ca.us SUBJECT: 38s' Street Tidal Structure / Tide Valve - Award of Contract No. 3954 Recommendations: Approve the project plans and specifications. 2. Award Contract No. 3954 to GCI Construction, Inc., for the Total Bid Price of $92,800, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $9,200 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on May 27, 2008 the City Clerk opened and read the following bids for this project: BIDDER Low GCI Construction, Inc. 2 Atlas Allied, Inc. 3 Humphrey Constructors 4 Zondiros Corp. TOTAL BID AMOUNT $92,800.00 $112,380.00 $110,800.00 $196,700.00 * Corrected Bid Amount The low total bid amount is 28 percent below the Engineer's Estimate of $119,000. Slowing of the construction industry contributed to favorable bids. 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 references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary for the completion of this contract consists of removing interfering portions of existing valve vault, removing and replacing sluice gate, installing electric actuator, constructing valve vault modifications, installing new valve vault hatch, installing conduits, pulling conductors through existing streetlight conduits, connecting electrical facilities, miscellaneous concrete improvements, installing new vault ladder, and repairing surface improvements. 38'" Street Tidal Structure / Tide Valve — Award of contract No. 3954 June 10, 2008 Page: 2 Pursuant to the Contract Specifications, the Contractor will have 125 consecutive working days to complete the work. Up to 100 consecutive working days shall be granted for shop drawing preparation, review and approval, tide valve manufacturing and delivery. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical, Material Testing, and Survey Services: Geotechn'lcal, material testing, and survey services are not anticipated for this project. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Tide and Submerged Lands 7231- C2502001 $ 102,000 Total: $ 102,000 Proposed uses are as follows: Vendor Purpose Amount GCI Construction, Inc. Construction Contract $ $92,800 GCI Construction, Inc. Construction Contingency $ 9,200 Total: $ 102,000 Prepared by: Tom Sandefur Associate Civil Engineer Submitted by: Director • Attachments: Project Location Map • • LOCATION MAP 38TH STREET TIDE VALVE REPLACEMENT CONTRACT NO. 3954