Loading...
HomeMy WebLinkAboutC-4472 - San Miguel Drive Street ImprovementsOFFICE OF THE CHTY CLERK Leilani I. Brown, MMC March 23, 2011 Mr. Gennady Chizhik Gass Construction Company 1401 Warner Avenue, #B Tustin, CA 92780 Subject: San Miguel Drive Street Improvements (C -4472) Dear Mr. Chizhik: On February 8, 2011, 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 February 15, 2011, Reference No. 201000084235. The Surety for the contract is the Western Surety Company and the bond number is 58675523. Enclosed is the Labor& Materials Payment Bond. Sincerely, 4 M- xM. 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 Premium: Included in the Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAT MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 BOND .NO. 58675523 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Gass Construction Co., Inc., hereinafter designated as the "Principal," a contract for construction of SAN MIGUEL DRIVE STREET IMPROVEMENTS, Contract No, 4472 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. 4472 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Seventy Thousand and 001100 Dollars ($1,170,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. M The Bond shall inure to.the benefit of any and all persons, companies, and corporations entitled to file 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 10 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 11 th day of June , 2010. Gass Construction Co:, Inc. (Principal) Authorized S Gennady Chizhik - president _Western Surety Company Name of Surety 1455 Frazee Road, Suite 801 San Diego, CA 92108 Address of Surety 619 - 682 -3512 Telephone Ati til Ageht Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Titte NOTARY ACKNOWLEDGMENTS QF CONT ACTOR AND S.URKr"U'T' MUST BE ATTACHED 29 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. - This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of June, 2009. vaE. WESTERN SURETY COMPANY a �4pPnq 0, .uh 10 .0 ,'S CA a Paul F BruflaL Senior Vice President State of South Dakota as County of Minnehaha On this 171h day of June, 2009, before me personally came Paul T. Bacillar, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he. knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 6.444..444.44.....4..4444 r D. KRELL $ November 30, 2012 s 8 c NOTARY PUBLIC SEtL rr i SOUTH DAKOTA r r �.h4444444444444444444446 CERTIFICATE D. Krell, NcBryry Public 1, L. Nelson, Assistant Seeretery of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation. this 11th _ day of June 2010 3 WESTERN SURETY COMPANY ANA C AV n j/A 4p 2y lry�'ppllo� Form F4280 -0906 v/ L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 11, 2010 personally appeared before me, Kathy L. Burnum, Notary Public (Hire mser name and rate ofthz officer) frev R. Grvde who proved to me on the basis of satisfactory evidence to be the person%) whose name( is/M subscribed to the within instrument and acknowledged to me that h0efy " executed the same in his /p000VyK authorized capacity(W, and that by his/bKwduidK signature(g) on the instrument the person(A), or the entity upon behalf of which the personW acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a WITNESS my hand and official seal. �a/9",L� Sienatuse of Nalary ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (title dMriptionofattacheddoctuilcuo (Title or description ofanached document continued) Number of Paces Document Date (Additional hrfomrution) CAPACITY CLABvfED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ('title) — ❑ Partner(s) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other _ mu8 verSlnn CAYA v12.10.0? 800- 873 -9865 wmv.NotaryClasses.con] INSTRUCTIONS FOR COMPLETING THIS FORM Ant, ncknmrledgment Completed in California must emrtabe verbiage greenly as appears obara in the note"• sesiion or a separate ackuoraledgment form mnvt be properly completed and amiched to that doctmient. The only exception is if a dorm near is to be re.ronled outside of California. In such instances. ary alter,,ai , acknowledginmv verbiage m OUT be printed on such a document so long as the verbiage does not require the naary to do something that is illegal for it noran• ill California (i.e. cenifring the Who med capacity of 'die signer). Please check the do manna carefidly forlomper notarial awrditg and attach this forni if required. • State and Cowry information must be the State and County where the document sismer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that tite signer(s) Pcaswnany appeared which must also be the same date the acLuowledgmrnt is completed. • The notary public must print tits or her name as it appears within his or her conmrission followed by a comma and then -vote title (notary public). • Paint flit names) of document siper(s) who personally appeal at the lime of notarivation. • Indicate the correct singular or plural fours by crossing off mcomct forms (i.e. Fte:'s11eRAEy -is late ) or cirding the correct forms. Failure to conatly indicate this infonnatioumay lead to miectiou of docuureat recording. • The notary seal impression must he clear and photographically mploducible. Impression must not cover text or tines. If sea] impression smudges, re -seal if a sufficient area Peurtits, otherwise complete a different acknowledgment form • Sieuatttre of the notary public must match lite signanuz mr file with the office of the county clerk. • Additional information is not required but could help to clause this acknowledgnreut is not misused or attached to a dill ocid docmm m. Lrdicate title or type of attached docwnent, another of pages and date. t• 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 tills document to the signed docwnent CALIFORNIA ALL-PURPOSE CERTIFICATE O F ACKNOWLEDGMENT State of California County of d e_ On _T te_ 19, 9010 before me, name personally appeared G e Mto" who proved to me on the basis of satisfactory evidence to be the person( whose naml is /We— subscribed to the within instrument and acknowledged to me that hem /they executed the same in his /Fyer/t4e-irauthorized capacity(1es), and that by his /)ae tlwC signature(gJon the instrument the person(*), or the entity upon behalf of which the personFs) 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. KATHY 1. BURPIUAA t WITNESS my hand and official seal. commission 0 1705388 0 Notary Public • CollfarMo ' orange County {} Srguatur try Public �IA^ (Notary Se9ff''- +r- •!•%vft- INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cohilo nia mast coolant verbiage esacli, a.r appears above in the notary section ar a separate acknowledgment fount oursi be properly completed and attached to that document. The anlp sce.plion is if a document is to be recorded ouisun, of California, In such instances, arty alternative acknon ledgmew verbiage as may be printed on such a document so lang as true verbiage doer not require the notary to do something that is illegal for a reap' /n California (i.e. certifying the authorised capacity of the signer). Please check the dommuen( carefully for proper notarial a ording and atach this fa'm ifrequired. • 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 notarization must he the date that the signers) 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 amimission followed by a comma and then your title (notary public), • Print the names) of document signers) who personally appear at the dine of notarization. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.c. he /she/Biey, is lure ) or circling the correct loos, railue 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 u sufficient area permits. otherwise complete a different acknowledgment lot In. • 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. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFO. CFO, secretary). • Second) attach this document to the signed document DESCRIPTION OF THE ATTACHED DOCUMENT Labor a_Nj_Acj, (Title Ior description of attach d document) ,e I DC \Ve �-i-ro P'i- Qcei or desunphon of attached document c tinned) Number�of�Pages 9 Document Date I c�1 �u!¢dl3el c� Pn -ACf —may% 2 1 (Addrhonal information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer ('rule) O Partner(s) ❑ Attorney -in -Fact ❑ "frustee(s) ❑ Other 2008 Version C.APA v12.10.07800- 873 -986.5 www.NotaryClasses.com RECEIVED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO.�CIlPE9 23 AN 0 59 City Clerk C6 OF City of Newport Beach THE C. K Newport Beach, CA 92663 3300 Newport Boulevard CITY OF R�;'.�CIRj 13EA�,;H "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 GASS Construction Company, Inc. of Tustin, California, as Contractor, entered into a Contract on June 8, 2010. Said Contract set forth certain improvements, as follows: San Miguel Drive Street Improvements — (C-4472) Work on said Contract was completed, and was found to be acceptable on February 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. is W'or s- irector of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �lJ�/�►�l�l r "' , at Newport Beach, California. BY E y �� City Clerk a R � /L - CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT FE.3 U 6 611 Agenda Item No. 9 February 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 or ftse @newportbeachca.gov SUBJECT: SAN MIGUEL DRIVE STREET IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4472 ISSUE Staff requests approval to accept the San Miguel Drive Street Improvements Project, Contract No. 4472 as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 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 one year after this Council acceptance. DISCUSSION Summary of Completed Construction Contract Awarded Final Cost at Benchmark Actual Contract Time Contract Amount Completion Target Contract Time Under ( -) or Change (days) Over ( +) $1,170,000.00 $1,202,390.00 Contract +2.77% 90 -32 Plus 10% On June 8, 2010, City Council authorized the award of the San Miguel Drive Street Improvements contract to GASS Construction Company, Inc. for a total contract cost of $1,170,000.00 plus a 10% allowance for contingencies. The focus of this project was to widen the portion of San Miguel Drive between MacArthur Boulevard and approximately 500' westerly of Avocado Avenue so as to increase the roadway capacity as well as to install a third left -turn lane for eastbound San Miguel Drive traffic to get onto northbound San Miguel Drive Street Improvements Completion and Acceptance of Contract No. 4472 February 8, 2011 Page 2 MacArthur Boulevard. Other associated project work included new traffic signals; relocation of The Irvine Company's Fashion Island entry monument sign and trees; new sidewalks, curbs, access ramps,,and raised median; new roadway pavement and striping; new landscaping; and the relocation and extension of existing underground facilities. The contract has now been completed to the satisfaction of the Public Works Department. Two change orders in the amount of $32,390.00 were approved to account for the numerous plan revisions and other changed conditions encountered in the field. A summary of the contract cost is as follows: Original bid amount $1,170,000.00 Cost of contract bid item quantity changes $ - 73,478.00 Plan changes $ 105,868.00 Final contract cost: $1,202,390.00 A summary of the project schedule is as follows: Estimated Completion Date per July 2010 Schedule November 3, 2010 Project Award for Construction June 8, 2010 Contract Completion Date per Notice To Proceed December 29, 2010 Substantial Completion Date November 18, 2010 Due to a delay in contract execution, the start of construction work did not occur in July 2010 as staff as hoped. Once work started, however, our field inspection and traffic engineering staff teamed with the Contractor and worked many nights to complete the work that otherwise would have required daytime traffic lanes and street closures. Although the team encountered field issues, changed parameters, and rain delays, they managed to deliver the finished product within budget and before the start of the 2010 holiday shopping season. ENVIRONMENTAL REVIEW This project was included within the Final Environmental Impact Report for the City Hall and Park Development Plan, SCH209041010, which was certified by the City Council on November 27, 2009. PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared construction informational notices were distributed by the Contractor to residents and businesses within the work vicinity. San Miguel Drive Street Improvements Completion and Acceptance of Contract No. 4472 February 8, 2011 Page 3 FUNDING AVAILABILITY Total project expenses, including incidentals, are summarized as follow: Construction $1,202,390.00 Consultant Project Design 233,945.98 Project Advertisement 95.00 Reprographics 139.04 Materials Testing 4,811.50 Extra Work Requested By The Irvine Company 3,808.00 Total Proiect Cost $1.445.189.52 Of the total project cost above, The Irvine Company (TIC) cost share portion is $1,355,649.52. Of that amount, $450,330.00 is funded by CIOSA that the City has received. The remaining $905,319.52 will be reimbursed by TIC as part of the $2.5 million allocated for construction of transportation and circulation improvements within the Newport Center in accordance with the "Newport Center Transportation Improvement Program Agreement'. The City is responsible for $89,540 of the total project cost. See below summary: Account Description Newport Beach City Hall CIOSA Contributions Prepared by: F n se PI ipal Civil Engineer Attachment: Location Map Account Number Amount 7251- C1002025 $ 89,540.00 7432- C2002038 450,330.00 7251- C2002038 905,319.52 Total Project Cost $1,445,189.52 Submitted by: Director 1 11 AMR FARALLON LLI rj %ju LOCATION MAP NOT TO SCALE SAN MIGUEL DRIVE STREET IMPROVEMENTS .1 4412 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 A.M. on the 27th day of May, 2010, at which time such bids shall be opened and read for SAN MIGUEL DRIVE STREET IMPROVEMENTS Contract No. 4472 $1,750,000 Engineer's Estimate G. Badum rks Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classifications required for this project. "A" license For further information, call Fong Tse, Proiect Manager (949) 644 -3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.Newi)ortSeachCA.-q CLICK: Online Services /Bidding & Bld Results I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 TABLE OF CONTENTS NOTICEINVITING 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................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 K CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 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 QASS Cmdnw t Company Inc. 1401 Waawr Avmmh SuAe B Ttwon; CA 82780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 INSTRUCTIONS TO BIDDERS 1. 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the word: "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. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in SASS ConetrucWn Company Inc. 101 Wamar Avenue, Suit B Tusdn, CA 82M 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) 703-1774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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. 816579 A, B Contractor's License No. ✓3< Classification GASS Construction Co. Inc. Bidder - CEO /vp /Sec. AuthoriM Signaturefritle May 26, 2010 Date OW GASS Construction Cotapafty Inc. 1401 Warner Avenue, Suite B Tustin, CA 92M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally hold and firmly bound to the City of Newport Beach, a charter city, In the principal sum of Ten Percent of the Total Amount Bid Dollars ($ 10% 1, to be paid and k0efted to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of SAN ROGUEL DRIVE STREET IMPROVEMENTS, Contract No. 4472 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 pr*d within thirty (30) calendar days after the date of the mailing of'Nctiflcation of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Band 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 26th day of May 2010. GASS Construction Company, Inc. �_CEO /VP /Sec. Name of Contractor (Principal) Authorize gnaturelidle Marina Chizhik First National Insurance Company of America Name of Surety 333 Blvd. West, Suite 300 Orange, CA 92868 Address of Sreety 714-937 -1400 Telephone Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) POWER First National Insurance Company of Amer ca 10014th Avenue Ivlucatl. OF ATTORNEY suite 1700 Sea81o. WA 98184 KNOW ALL BY THESE PRESENTS: No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint "'"**`"""--- *-- JEFFREY R.GRYDE; Laguna Niguel, California *""***"**'....""****"****** its true and lawful attomey(s)mm -fact, with full authority to execute on behalf of the company fidelity and surety bands or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had bean duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21st day of March 1 2009 jux* Dexter R. Legg, secretary Timothy A Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Artde V, Section 13. - FIDELITY AND SURETY BONDS... the President, any Vice President, the Semetary, and any Assistant Vim President appointed for that purpose by the officer in charge of surety operations, shag each have authority to appoint IndMduals as ado"94h.fea or under other appropriate Was with authority to execute an behalf or the company fidelity and surety bonds and other documents of stmllar character issued by the company In the course of its business... On any instrument making or avidentlng SUM eppolMlr er t, the Slgrtaturas may be affixed by facsimile, On any Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, fhel the seal shag not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary m an assistant secretary of the Company setting out, () The provisions of Article V, Section 13 of the By -Laws, and () A copy of the power- of- attomey appointment, exetxned pursuant ttrereto, and (iii) Certifying that said power- obaltomey appointment is in full force and shot, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' 1, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certgy that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporaton, and of a Power of Attorney Issued pursuant thereto, are hue and correct, and that both the Bylaws, the ResoWtion and rte Power of Attorney are atll in full force and affect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of sold corpgratbn this 26th days May 2010 SEAL . �f sa6 Baxter R. Legg, SQCMtary 9- 1049MF 3109 — WEe Pop A CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On May 26, 2010 before me, Kathy L. Burnum, Notary Public (Here insert line and title of the officer) personally appeared Jeffrey R. Gryde who proved to me on the basis of satisfactory evidence to be the person(X) whose namepq isla t subscribed to the within instrument and acknowledged to me that he,)WWs*; executed the same in his/RYAWX authorized capacity(W, and that by his/6( k signature(it) on the instrument the person(k), or the entity upon behalf of which the person(o acted, executed the instrument. I certify tinder 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. /: aC... &A.' curt- - signetuleofN is ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACKED DOCUMENT (Title or desaiplion of atlasbed docanent) (Tide or description of attached docuutt r com{artd) Number of Pages _ Document Date (Additional ¢dorntation) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (S) ❑ Corgtsrate Officer (Tice) ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(&) ❑ Other 2008 Version CAPA vl2.10.07 a00.872.9865 ttarw.NoraryClasscccom INSTRUCTIONS FOR COMPLETING THIS FORM Am• acknowledgment complaled in California mast eonarrn wrbloge exactly as appears abar-e in the ratan• section or o sWamfe eraknowle4ment jomi mast be properly eompleeed mid attached to 'hat doremrent. The oaf} exception h if a dorwnaur is to he recorded oviside, of Cabfornia 7n such instances, airy• altennarbv. neknoWedgmeut sesbinge or croy be printed on surd a donanent so long as the awrbmge does not require the notary o do something that is illegal for o notary in Cahforriia (Le. cemAing the aathorired mpaeay of the signer). Please cheek the dannnenr rxuefidlyjorpnper noraria! )roxliug and attach this jomr tfrequned. • State and County infommation most be the State and County where the document signers) personally appeared before the notary public for aclolowledguient • Date of notarization must be me date fiat die s0m(s) personally appeared which muv also be the same dam the acknowledgment is completed. • The uotahy public mist print his or her name as it appears within his or her connuissioafollowcdbyacomumaodthniyoiu tide(lkvugpubhc). • Print the same(s) of docuw ill siewer(s) who personally appear at the time of noliuiranar. • Indicate tire couecr singular ar plant forms by crussi rg off incorrect forms (.c. ltarshep6eyr is /roe) or circling Ott correct fomvs. I diem to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and phorographically reproducible. lmpreision list not cover text or fines. If seal inryression soon". reseal if a suffidem area permits, otherwise camptete a different acknowledgment form. • SignaArre of the notary public mist match the signantre an file with the office of tie colmry cleric. O Additional information is not required but could hdp to costive thix ackmwtedgnxnt is rat taisased oraemebed ro a riiffettntdocmncit. O Indicate Otte or type of attached docuuxnt, armibw of pages and dam. O ludicate Ow capacity claimed by the signer. If me claimed capacity is a corporate officer, indicate the tide (Lt. CEO, C170.9ecretary). • Securely attach this document to the signed docanem CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 0ta�0 On ft y a G1 7 PO before me, Ko,+hy ).• 8 ur l �m F No rxi P. _'r'e (Here msen name and tale nt the a leer) personally appeared motr'No, C {yitk who proved to me on the basis of satisfactory evidence to be the personjK) whose names agj islaW subscribed to the within instrument and acknowledged to me that.k+tr7she /they executed the same in,4Kher /t4er authorized capacityoeS), and that bylr'fs7her /y4ei1- signaturcko on the instrument the personO, 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. •ire.' KA W L. BURNUM CommHefon B 1706366 Notary PUM - CaB1orMC Orange County 30 MyCams 12610 (Notary Seale+ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Sant liliaua� Or y� S� ..� Tmorn nleet�s (tole or descripunn nfatrachcd doe enQ Coet}cm -cj- No, N921 0 tale or description of attached document continued) Number of Pages I Document Date 4r O C;i,.r err Newpo rt Bea T ( Additional informat ch mn) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) $ Corporate Officer (Title) ❑ Partner(s) J Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008Versmn CAPAV12.10.07g00- 873.986? www NotaryClasses.cunn INSTRUCTIONS FOR COMPLETING THIS FORM Airy acknowledgment rampleled to California mrta contain verbiage exactly as appears ahope in the notary section or a separate acknowledgment form most be properly completed and attached to that document The only excepunn is if a document is to be recorded oatride of California In such instances', any alternative ackmnelediyuent verbiage as rruy he printed on such a document no long as the verbiage does not require the notary to do something that is illegal (or a notary in California (i.e. certifying the authorized capacity of the signer), Please checA the document carefully for proper notarial wording and attach this form tf required. • Stale and Comity information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of nolamauon must be the date that the signer(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 tollowed by a comma and then your ude (notary public) • Print the naarc(s) of document signer(s) who personally appear at the time al' notarization • Indicate the correct singular or plural forms by crossing on incorrect firms (i o hetshehhey- is tare ) 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 muss not cover text or lines If seul impression smudges. reseal il' a sufficient area permits. otherwise complete a different acknowledgment firm. • Signaler, of the notary public must match the signature on file with the office of the county clerk. Additional mlbrmabon is not required but could help to ensure this acknowledgment is not misused or attached to a ddlerent documunt. cc Indicate title or type of atlaehed document, numher of paves and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (ix CFO, CFO, Secretary) • Securel} attach this document to the signed document PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 DESIGNATION OF SUBCONTRACTOR(S) GABS Cvabuctlon Company Inc. 1401 Wanw Avows, Suite 9 Tusdn, CA 92780 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: 38 A' BUENA VISTA LA'NDSC.APF 601 Lakeview Placentia, CA 92870 714 - 779 -1202 P 674472 C27 LANF)'WAPF 1RRICA'1'10N Stale License Number: Name: �a¢7iDNS Quality First Concrete Add 930 Lawrence St. Placentica, CA 92870 (714) 632 -3000 Pho Lic# 646899 C8 State License Number: NaTr NALECTRIC Ad( 4462 Corporate Center Drive 2-1 Los Alamitos, CA 90720 ZZ (714) 828 -7000 License # 550173 A, B C10 jr`-S6 Ph' ELECTRICAL State License Number: GASS Construction Co., Inc. Bidder - CEO /VP /Sec. Author' Signaturemtle Marina Chizhik PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 DESIGNATION OF SUBCONTRACTOR(S) QASS ConsVuction Company Inc. 1401 Wamer Avenue, Suite B Tustin, CA 92780 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: AddSUPERIOR PAVEMENT MARKINGS 14658 Industry Cir. La Mirada, CA 90638 714 -562 -9100 PhoLic. 4 776306 State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: GASS Construction Co., Inc Bidder wtoWl (Zi - CEO /VP /Sec. AuthofiAd Signature/Title Marina Chizhik GABS coon company Inc. 1101 Womer Avenue, Suite B Tustin, CA 92780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlil Please print or type. Bidders Name GASS Construction Co., 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 Pelican Hill Road North & Newport Coast Project Name /Number Southbound Right Turn Improvements Traffic Signal, Grading, Storm Drain, AC Paving Project Description PCC Improvements, Retaining wall Approximate Construction Dates: From Sept. 2008 To: Jan. 2009 Agency Name City of Newport Beach Contact Person Iris Lee /Marcus Puglisi Telephone F1 4) 644 -3323 Original Contract Amount $318.,-31 Ifinal Contract Amount $ 344,305.97 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order and Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. BASS ComlrucBat Con�ry Me. UN WOW Awmu, SWIM B No. 2 Tus%, CA UM Project Name/Number Safe Routes to School Cycle V- Sowers School Project Description Traffic Signal and Wheel Chair Ramos Approximate Construction Dates: From May 2008 To: Sept. 2009 Agency Name City of Huntington Beach Contact Person Eric Charlonne Telephone (71 jt 526 -5430 Original Contract Amount $ 274.6?ffina1 Contract Amount $ 2 9 o 140.65 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 Safe Routes to School Cycle IV - Project Name /Number Mesa View Middle School Project Description Traffic Signal and Wheel Chair Ramp Approximate Construction Dates: From Oct. 2008 To: Feb. 2009 Agency Name City of Huntington Beach Contact Person Eric Charlonne Telephone (71 f 536 -5430 Original Contract Amount $ 170, 0018inal Contract Amount $ 176, 296.75 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. 10 GASS Construction Company Inc. 1401 Wamer Avenue, Suite B No.4 Traffic Signal Upgrades - Tustin, CA 92780 Project Name /Number Chino Avenue at Pipeline Avenue Traffic Signal, Storm Drain, Grading, Project Description Retaining Wall'yPCC Improvements Approximate Construction Dates: From July 2009 To: Nov. 2009 Agency Name City of Chino Contact Person Naghmen Imani Telephone (901 464 -8367 Original Contract Amount $ 164,1 65inal Contract Amount $ 166, 041 .00 If final amount is different from original, please explain (change orders, extra work, etc.) 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. L4Ce1 No. 5 Project Name /Number Kraemer Blvd. Intersection Traffic Signal, Street Lights, Grading, AC Improv. MSE Retaining Wall CalTrans ROW and La Palma Avenue mArovements Project Description PCC Approximate Construction Dates: From Aug. 2009 To: May 2010 Agency Name City of Anaheim Contact Person Robert Luciano Telephone (71 765 -5286 Original Contract Amount $1 , 713 , 01'Mal Contract Amount $ 1 .845, 834.00 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 11 om conwvcMon Gm"w Mc. 1401 Wamer Avenue, Suite B No.6 Oso /Marguerite Intersection Improvemenfustln,CA92780 Project Name /Number Oso Parkway Pavement Rehabilitation Traffic Signal, Retaining Walls, Storm Drain, Project Description Median Islands, AC /PCC Improvements Approximate Construction Dates: From May 2010 To: Current Agency Name City of Mission Viejo Contact Person Mark Chagnon Telephone (949 470 -3091 Original Contract Amount $ 4 , 673 ,ARPA Contract Amount $ To Be Determined If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No 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. GASS Construction.Co., Inc. �.ed - CEO /VP /Sec. Bidder AuthodzWSignaturefTitle Marina Chizhik 12 GISS O caat OENERAL ENOINEERINO CONTRACTOR Me. No. 816578 Re: SAN MIGUEL DRIVE STREET IMPROVEMENT PROJECT CONTRACT NUMBER - 4472 CITY OF NEWPORT BEACH CONSTRUCTION MANAGEMENT TEAM MAY BE ASSIGNED FOR THE ABOVE REFERENCED PROJECT Gennady Chizhik — President Involved in Construction since 1979 Served as: Foreman, Superintendent Currently serving as: Project Manager, Estimator, Field Engineer Oversees all aspects of GASS Construction Co., Inc. J. Michael LaVoie — Estimator, Project Manager Involved in Construction since 1990 Served as: Laborer, Field Engineer, Estimator, Project Manager. Currently serving as: Estimator, Project Manager Michael Irvin - Foreman Involved in Construction since 1979 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Foreman in charge of selected GASS Construction Field Operations, as well as scheduling and supervising. James Williams — Foreman Involved in Construction since 1998 Served as: Laborer, Operator Performed work in Grading, Concrete, AC Currently serving as: Foreman in charge of selected GASS Construction Field Operations, as well as scheduling and supervising. 1401 Warner Avenue, Suite B, Tustin. California 92780 a (714) 247 -1040 • Fax (714) 247 -1041 GISS NORICUM,, GENERAL ENGINEERING CONTRACTOR Lie. No. 816679 GEC ofdRBER1NGIe GENERAL ENGINEERING CONTRACTOR Lie. No. 789091 A, E CONTRACTORS PROPOSAL CURRENT PROJECTS LIST 2ESS 13220 Central Avenue, Chino, CA 91710 JOB# 224.10 TACT Naghmenlmani VE (909) 464 -8367 :RIPTION & CONTRACT JNT Downtown Street Improvements $ 635,000.00 2ESS 200 Civic Center, Mission Viejo, Ca 92691 JOB# 223 -10 I-ACT Mark Chagnon - Director of Public Workqs VE (949) 470 -3091 ;RIPTION &CONTRACT Oso /Marguerite Intersection Improvements - Oso Parkway LINT Pavement Rehabilitation $ 4,673,920.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 • Fax (714) 247 -1041 NONE AINEEEGOt GENERAL ENGINEERING CONTRACTOR GENERAL ENGINEERING CONTRACTOR Lie. No. 818379 Lie. No. 739091 A, 8 CONTRACTORS PROPOSAL REFERENCE LIST ADDRESS 200 E. Anaheim Anaheim, CA 92807 OUR JOB# 173 -03 OUR JOB# 194 -05 PHONE (714) 671 -4450 CONTACT Robert Luciano AMOUNT Central Ave Intersection Impts. $ 1,220,294.48 PHONE 714- 765 -5286 CONTACT Raul Lising PE DESCRIPTION & CONTRACT (714) 671 -4450 DESCRIPTION & CONTRACT (AMOUNT State College Blvd. 1 Ball Road Intersection Improvements $ 1,377,713.00 OUR JOB# 202 -06 CONTACT Robert Luciano 'PHONE 714- 765 -5286 'DESCRIPTION & CONTRACT .AMOUNT Lincoln Avenue Street Improvements $ 1,678,026.00 OUR JOB# 203 -06 CONTACT Robert Luciano PHONE 714 - 765 -5286 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. / Ball Road Intersection Improvements $ 394,010.00 OUR JOB# 204 -06 CONTACT Robert Luciano PHONE 714 - 765 -5286 DESCRIPTION & CONTRACT AMOUNT Lincoln Ave. / Sunkist St. Intersection Improvements $ 421,003.00 OUR JOB# 206 -06 CONTACT Robert Luciano PHONE 714 -765 -5286 DESCRIPTION & CONTRACT AMOUNT State College Median & Landscape Improvements $ 1,687,843.50 OUR JOB# 209 -07 CONTACT Robert Luciano PHONE 714 -765 -5286 DESCRIPTION & CONTRACT AMOUNT Harbor Blvd. Roadway and Parkway Improvements $ 331,785.56 OUR JOB# 221 -09 CONTACT Robert Luciano PHONE 714- 765 -5286 DESCRIPTION & CONTRACT AMOUNT Kraemer Blvd, and La Palma Ave. Intersection Improvements $ 1,713,000.00 ADDRESS One Civic Center Circle, Brea, CA 92621 OUR JOB# 173 -03 CONTACT Raul Lising PE PHONE (714) 671 -4450 DESCRIPTION & CONTRACT State College Blvd. /Lambert Rd Intersection Impts. & Brea Blvd. ! AMOUNT Central Ave Intersection Impts. $ 1,220,294.48 OUR JOB# 189 -05 CONTACT Raul Lising PE PHONE (714) 671 -4450 DESCRIPTION & CONTRACT AMOUNT Lambert & Kraemer Intersection Improvemetns $ 287,506.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 • Fax (714) 247 -1041 cuss MUSEUM lice dfIV6GUt GENERAL ENGINEERING CONTRACTOR GENERAL ENGINEERING CONTRACTOR Lie. No. 816579 Lie. No. 7a9oo1 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Chino ADDRESS 13220 Central Avenue, Chnio CA 91710 OUR JOB# 165 -03 CONTACT Naghmen Imani / Pete Reinheimer PHONE (909) 464- 83671909- 464 -8305 DESCRIPTION & CONTRACT AMOUNT Mountain Ave Water Main $ 338,020.04 OUR JOB# 219 -09 CONTACT Naghmenlmani PHONE (909) 464 -8367 DESCRIPTION & CONTRACT AMOUNT Traffic Signal Upgrades- Chino Ave. at Pipeline Ave. $ 164,164.00 OWNER City of Colton ADDRESS 650 N. La Cadena Drive Colton, CA 92324 -2897 OUR JOB# 157 -02 CONTACT Amer Jakher, PE PHONE (909) 370 -5067 DESCRIPTION & CONTRACT AMOUNT Santa Ana River Project Area - Washington Street Medians $ 617,569.71 OUR JOB# 172 -03 CONTACT Victor Ortiz PHONE (909) 370 -5065 DESCRIPTION & CONTRACT AMOUNT Valley Blvd. Median Improvements $ 351.437.60 OWNER City of Costa Mesa ADDRESS 77 Fair Drive, Costa Mesa, CA OUR JOB# 175 -04 CONTACT Tom Banks PHONE (714) 7545029 DESCRIPTION & CONTRACT Bike Trial @ OC Fairgroungs - Newport Blvd. South, Fair to AMOUNT Arlington $ 193,026.47 OWNER City of Cypress ADDRESS 5275 Orange Ave, Cypress CA 90603 OUR JOB# 164 -02 CONTACT Kamran Dadbeh PE PHONE (714) 229 -6756 DESCRIPTION & CONTRACT AMOUNT Ball Road Parkway Improvements $ 290,325.37 OWNER City of Downey ADDRESS 11111 Brookshire Ave Downey, CA 90241 -7016 OUR JOB# 162 -02 & 162A -02 CONTACT Anthony La PHONE (562) 904 -7118 DESCRIPTION & CONTRACT AMOUNT Paramount Gateway Streetscape S 1,132,265.62 OUR JOB# 205 -06 CONTACT Jim Bautista PHONE (562) 904 -7117 DESCRIPTION & CONTRACT AMOUNT Paramount Blvd. $ 394,771.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 • Fax (714) 247 -1041 GISS coisTRUCTIOICame GENERAL ENGINEERING CONTRACTOR Lie. No. 916979 GMC aiGINEBRQIGIt GENERAL ENGINEERING CONTRACTOR Lie. No. 799091 A, E CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Huntington Beach ADDRESS 2000 Main Street Huntington Beach, CA OURJOB# 190 -05 CONTACT Eric Charlonne PHONE (714) 536 -5430 DESCRIPTION & CONTRACT AMOUNT Adams & Brookhurst Intersection Improvements $ 434,974.00 OUR JOB# 195 -05 CONTACT Eric Charlonne PHONE (714) 536 -5430 DESCRIPTION & CONTRACT AMOUNT Underhill Lane Improvements $ 577,577.50 OUR JOB# 212 -08 CONTACT Eric Charlonne PHONE (714) 536 -5430 DESCRIPTION & CONTRACT AMOUNT Safe Routes to School, Cycle V - `.towers School $ 274,688.00 OURJOB# 218 -08 CONTACT Dave Verone PHONE 714- 375 -8471 DESCRIPTION & CONTRACT Safe Routes to School - Cycle IV ;n the vicinity of Mesa AMOUNT View Middle School $ 170,000.00 OWNER City of Irvine ADDRESS One Civic Center Plaza Irvine. CA 92623 -9575 OURJOB# 168 -03 CONTACT Steve 011o PHONE (949) 724 -7562 DESCRIPTION & CONTRACT AMOUNT Harvard Blvd. Bike Trail $ 329,030.31 OUR JOB# 210 -07 CONTACT Louie Martinez PHONE (949) 724 -7343 DESCRIPTION & CONTRACT AMOUNT Michelson Drive Improvements (From Royce to University Dr.) $ 497,710.50 OWNER City of Laguna Hills ADDRESS 24035 El Toro Road, Laguna Hills, CA 92653 OUR JOB# 196 -05 CONTACT Kenneth Rosenfield PE PHONE 949- 707 -2655 DESCRIPTION & CONTRACT AMOUNT Intersect Wide /Pvmt Resurf & Median Impts Motion Pkwy $ 1,064,003.60 OWNER City of La Mirada ADDRESS 15515 Phoebe Ave La Mirada, CA 90638 OURJOB# 155 -02 CONTACT Gary Sanui PHONE (714) 522 -6821 DESCRIPTION & CONTRACT Rosecrans Pavement & Median Reconstruction Valley View to AMOUNT Biola S 525,467.27 OWNER City of La Palma ADDRESS 7822 Walker Street, La Palma, CA 90623 -1771 OURJOB# 216 -08 CONTACT Ismile H. Noorbaksh P.E. I Larry Baldwin PHONE 714- 690 - 3310.!714- 292 -2574 DESCRIPTION & CONTRACT Median Improvements for La Palma Avenue from Denni St. to AMOUNT 240 Feet West of Moody St. $ 380,380.65 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 9 Fax (714) 247 -1041 GASS coASf91C110GCAaa GENERAL ENGINEERING CONTRACTOR Lit. No. 918979 GMC afINEE&IA GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Mission Viejo ADDRESS 200 Civic Center, Mission Viejo, CA 92691 Our Job # 160 -02 CONTACT Marc Changon PHONE (949) 470 -3091 DESCRIPTION & CONTRACT AMOUNT Improvement of El Paseo Roadway & Traffic Signal Impts $ 223,734.33 Our Job # 171 -03 CONTACT Marc Chagnon PHONE (949) 470 -3091 DESCRIPTION & CONTRACT Alicia Pkwy / Trabuco Cyn Intersection Traffic Signal Impts & AMOUNT Alicia Pkwy Median Landscaping $ 396,256.58 OWNER City of Newport Beach ADDRESS 3300 Newport Blvd., Newport Beach, CA 92663 Our Job # 179 -04 CONTACT Robert Stein P.E. / Marcus Puglisi PHONE (949) 644 -3322 1949- 795 -6942 DESCRIPTION & CONTRACT AMOUNT Newport Blvd. / Balboa Blvd. Merger (Mixmaster) $ 273,625.75 Our Job # 211 -07 CONTACT Andy Tran P.E. / Marcus Puglisi PHONE (949) 644 - 33151949- 795 -6942 DESCRIPTION & CONTRACT AMOUNT Superior Avenue Median Improvements $ 634,118.50 OUR JOB# 217 -08 CONTACT Iris Lee / Marcus Puglisi PHONE 949 -644 -3323 1 949 - 795-6942 DESCRIPTION & CONTRACT Pelican Hill Road North and Newport Coast Drive Southbound AMOUNT Right Turn Improvements $ 318,318.00 OWNER City of Paramount ADDRESS 16400 Colorado Avenue, Paramamt, CA 90723 OUR JOB# 167 -03 CONTACT Robert French - Willdan & Associates PHONE 562 - 714 -5599 DESCRIPTION & CONTRACT Street, Traffic & Landscape Impts on Paramount Blvd. & Harrison AMOUNT Streets $ 867,957.00 OWNER City of Riverside ADDRESS 3900 Main Street Riverside, CA 92522 OUR JOB# 174 -04 CONTACT Juan Rojas PHONE (951) 826 -5236 $ 330,076.68 DESCRIPTION & CONTRACT AMOUNT Central Ave to Chicago, Alleys, Fairmount from Strong to 60 Fwy OUR JOB# 176 -04 CONTACT Juan Rojas PHONE (951) 826 -5236 DESCRIPTION & CONTRACT AMOUNT Van Buren Blvd. Median Improvements $ 740,000.15 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 • Fax(714)247-1041 CUSS cossTBOCPIOBCaoc GENERAL ENGINEERING CONTRACTOR Lie. No. 816679 aGIVBGBROiGRc GENERAL ENGINEERING CONTRACTOR Lie. No. 739091 A, E CONTRACTORS PROPOSAL REFERENCE LIST OWNER City of Torrance ADDRESS 3031 Torrance Blvd., Torrance Ca 90503 Our Job # 166 -03 CONTACT Sandy Cohen PHONE (310) 618 -2824 DESCRIPTION & CONTRACT Hawthorne Blvd. / Del Amo Blvd. Traffic Signal and Interesection AMOUNT Improvements $ 336,841.11 OWNER City of Upland ADDRESS 1370 N. Benson Ave Upland, CA 91786 OUR JOB# 177 -04 CONTACT Alex Qishta PE PHONE (909) 931 -0272 DESCRIPTION & CONTRACT AMOUNT Foothill Blvd. Medians $ 110,073.96 OWNER City of Wesminster ADDRESS 8200 Westminster Blvd. OUR JOB# 197 -05 CONTACT Jake Ngo PHONE (714) 898 -3311 x 217 DESCRIPTION & CONTRACT AMOUNT Westminster Blvd. Median Improvements from Beach to Edwards $ 2,100,000.00 OUR JOB# 198 -05 CONTACT Jake Ngo PHONE (714) 898 -3311 x 217 DESCRIPTION & CONTRACT AMOUNT City Hall North Parking Lot Improvements $ 287,287.00 OWNER City of Yorba Linda ADDRESS 4845 Casa Loma Ave POBox 87014, Yorba Linda, CA OUR JOB# 169 -03 CONTACT Fernando Saldivar PHONE (714) 961 -7170 DESCRIPTION & CONTRACT AMOUNT Yorba Linda Blvd. Median Improvements $ 556,270.26 OUR JOB# 207 -07 CONTACT Mark Stowell PHONE 714- 961 -7172 DESCRIPTION & CONTRACT AMOUNT Esperanza Road Mitigation Project $ 4,137,990.00 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 • Fax(714)247-1041 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) 6011 COM&Ue tl Canpmy Ittto. 1101 W mK Awtwv, Sub B TwOn, CA UM Marina Chizhik being first duly sworn, deposes and says that he or she is _CEO /VP��PCretarv__ _ of LASS Construction Co., Inc. , the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of pequry of the laws of the State of Califor is at the foregoing is true and correct. GASS Construction Co., Inc. � -CEO P Sec. Bidder Authori6WJ Signature/Title Marina Chizhik Subscribed and swom to (or affirmed) before me on this day of , 2010 by , personally known to me or pro o me on the basis of satisfactory evidence to be the person(s) who appeared before m I certify under PENALTY OF PERJURY under the laws o State of California that the foregoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: Jurat State of California County ofora Nbe- Subscribed and sworn to (or affirmed) before me on this 21, tx day of M4x y 20_1 -4_ by Mar;Ala� Ck; Zk (- proved to me on the basis of satisfactory evidence to be the personal who appeared before me. 0;44 Signat (Nar,uy seal) KATHY L. BMRNUM Commtalon i 170068 Notary mfr - CaRwr" ftWQ0 County WCOMAN YeaNw1 10 OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM The wordmg )fall Jurats completed in ('alifarnia after January 1. 2008 must be in the fcra, as set forth within this Jurat. There are no exceptions. lfo dural to be comolrled does not follow this form, the notary must correct the verbiage k rasing a jumi damp containing the correct wording or attaching a separate ji.milbrm such as this one which does contain proper wording. In DESCRIPTION OF THE ATTACHED DOCUMENT addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of tire contents of the document. The IJpe1. _Co fl u s Piro A a y } document most be signed AFTER the oath or of rnmuon. if the document vas . (Title or description ofattached document) previously signed. it must be re- signed in firma of the notary public during the jural process. C1 _1 Sw., 1)l uel D e �f122T immro ✓emen>Fs (ll description document • State and County informatnn must be the Stale and County where the or nfaltached ontinued) document signer(s) personally appeared before the notary public • Date of notarization must be the date that the signer(s) personally appeared Number of Pages (___ Document Date )/A _ which must also be the same date the jurat process Is completed. r l • Print the name(s) of document signer(s) who personally appear at the time of 1 kWA2& Be& C!±y n4 / notarization. (Additional infor ation) ' • Signature c' the notary public must match the signature on file with the office of the cost tv clerk. • The notar' snal impression must be clear and photographically reproducible Impressior mist not cover text or lines Ifseal impression smudges, re -seal il'a suflicooil arwt permits, otherwise complete a different juml form. • Acdiaonal information is not required but could help to ensure (his jura, is not misused or attached m a di0brent document • hawdle title or type of attached document, number of pages and date • Securely attach this document to the signed document 2009 Version CA PA v1.9.07 800 -873 -9865 www.NotaryCimses.com digs Candnledw Compmy Inc. 1101 Warr r A"nue, Sub B Tustin, CA 82780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 DESIGNATION OF SURETIES Bidders name GASS Construction Co., Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Western Sure 1455 Frazee Road Suite 801 San Diego, CA 92108 619 -682 -3512 14 MASS CWWkUd" CI>It>p" IN. 1101 Vft w Avw^ Sub B TuWn' CA 82780 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name GASS construction co., 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No, of contracts 3 5 6 6 8 10 38 Total dollar Amount of Contracts (in $7,021,920. $7,793,254. $7,787,573. $102 %6,554.;$9,159,277. $7,732,705. $43,781,313. Thousands of $ No. of fatalities o 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent o 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 15 GA88 Coffin ConPOny ptc. 1401 Wemw Avenue, Subs B Tustln, CA 92780 Legal Business Name of Bidder GASS construction Co., Inc. Business Address: 1401 warner Ave. Ste. s, Tustin, CA Business Tel. No.: 714-247-1040 92780 State Contractor's License No. and Classification: 816579 A, B Title Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Marina Chizhik - Date _ May 26, 2010 Title CEO /VP /Secretary Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title chizhik - 201 0 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 partnershipCoint venture must be provided, followed by signatures of all of the partnersloint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnershipftoint 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 partnersloint 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. 16 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Ora A e_ On 01., a(,t aaIO before me, kpfKI L• guru ,�+t IVo�a�� Pkblt'e (Here insert name and title fthe offset) personally appeared M&1 (,;Nc� Gwi7 �1'K who proved to me on the basis of satisfactory evidence to be the persons) whose nameke) is /Are subscribed to the within instrument and acknowledged to me that Mlshe /tWy executed the same in h s /her /their authorized capacityl,4w), and that by b s /her /(befit signaturekg) on the instrument the person(s)r, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of 0 c State of California that the foregoing paragraph is true and correct. ] KAM L. BdRNIiM� W ITN ESS my hand and official seal. 7 o" Pu ue - CONOM Notary Pl>pRa - Catflornte ��w L r oramm County �� Signawre IN P hlic (Notary Se ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Iltle or description of attached document continued) Number of Pages _ Document Date information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer CI Partner(s) '� Attorney-in-Fact Trustee(s) CJ Other 2008 Version CAPA v 121007800- 873 -9865 www.NotaryClasses earn INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mast contain verbiage eracdy a., appears ahm•e in 1he nolary, section or a separate acknawiedgmenl Torn+ must be properly <arnleted and munched to shat document. %he only ercepoon is l(a document :s a be reenrded outside of C'mlifornia. In such instances. any aberruatrr acknowlet(ynem verbiage as may be printed on such a dacament so long as the verbiage ooev not require the nolary a, to something that is illegal for a norary in California (i.e. cerroing the authorized capaclry of the signer). Please chick the document r arefully for proper notarial wording and auoch this form hf required. • State and County information must he 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 signer(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 name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing on incorrect forms (i.e. halshetthey- is(are) or circling the correct forms Failure to correc ly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impresser must not cover text or lines. If seal impression smudges, re :seal if a sulTiciei I urea permits, otherwise complete a different acknowledgment limn. • Signatae +f the notary public must match the signature on file with the office of the coot r: Berk. +> A Iditional information is not required but could help ur ensure this ac %nowledgment is nor misused or attached to a dilrevent daemnent 3 to hcate title or type of attached document, number of pages and dare indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CIO, Secretary) • Securely attach this document to the signed document GASS MONISM& GENERAL ENGINEERING CONTRACTOR Lie. No. 816579 RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY CEO/V.P. /SECRETARY MARINA CHIZHIK AND /OR PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GASS Construction Co., Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 15th of January, 2010, a quorum being present, consisting of the CEO/V.P. /Secretary of the Corporation, Marina Chizhik, and President of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its CEON.P. /Secretary, Marina Chizhik, and/or President, Gennady Chizhik, are hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer(s) of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. 1, Marina Chizhik, hereby certify and declare that I am the regularly and duly acting CEO/V.P. /Secretary of GASS Construction Co., Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held at Tustin, California, on the 151h day of January, 2010; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Corporate Seal Marina Chizfiik CEO/V.P. /Secretary of GASS Construction Co., Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 • (714) 247 -1040 • Fax (714) 247 -1041 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ra>, o� On m?(G Selo beforeme, K urnlum) � (I Jere insert name and title n the offcer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(is) whose nameks) is /orsubscribed to the within instrument and acknowledged to me that,hfishe /tbey executed the same in his/her /their authorized capacityjias), and that by bis /her /abeiY signatureW on the instrument the person(.ej, or the entity upon behalf of which the personfa) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tl-e State of California that the foregoing paragraph is true and correct. WI'T'NESS my hand and official seal. Cammbebn • )?Mao F v/ n Notary PubDo • CGIUMNp y �. �S L(�tnr.�(/✓t'� �'q Cram CCVn1y (Notary Se 4 1 Signature al Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Il lc 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) 11 Corporate Officer --- CJ Partner(s) 1_1 Attorney -in -Fact CJ Trustee(s) CJ Other 2008 Version CA PA v 1210.07900$73 -9665 www NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknrw.'edgmenr completed in California must contain rerhmge exactly as appears atom in the notary section or a separate aelmouledgmenl form must be properly <or.:pleted and attached to that document The only exception is f a document , s to be recorded onside t f Cahfhrnia. In such inslances any alternative acknowled,ment verbiage as may he printed on such a document so Nang as the verbiage dart not require the notary to do something that is illega/ for a notary in California ei.a certifying the atahortzed capacity of the .signer). Please check the document c arefully far proper notarial wording and attach this form f required. • State and County information must be the State and C•ounly where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personal I 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 bw commission followed by a comma and then your tide (notary public) • Print the name(s) of document signer(s) who personally appeal at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect limns (i e helsheRhey; is Jere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocumeni recording. • The no!ary seal impression must be clear and photographically reproducible Impress oil must not cover text or lines. If seal impression smudges, re -scat Wit sunicici t : rea permits, otherwise complete a diffcrem ackmrwledgment harm • Signaane ofthe notary public must match the signature on file with the office of the tour tv clerk. Additional information is not required but could help to ensure this .i,knowledgment is not misused or attached to a diflcrent document. 4 li.dicale title or type ofamached document. number orpages and dale. le Indicate the capacity claimed by the signer. If the claimed capacity is it corporate officer, indicate the title (i.e. CF0. CPO, Secretary) • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 ACKNOWLEDGEMENT OF ADDENDA Bidders name GASS construction Co., Inc. Quill Combud m Gant Inc. 1401 Wmw Avenue, Sine B Tustin, CA 92780 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 1 (One) 5/21/2010 17 BASS Construction Company Inc. 1401 Warner Avenue, Suite B Tustin, CA 92M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREETIMPROVEMENTS CONTRACT NO. 4472 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: GASS Construction Co. , Inc Business Address: 1 401 Warner Avenue Suite B, Tustin, CA 92780 Telephone and Fax Number: 714 -247 -1040 FAX. 714-247-1041 California State Contractor's License No. and Class: 816579 A, B (REQUIRED AT TIME OF AWARD) Original Date Issued: 5/15/2002 Expiration Date: 1/31/2011 List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Gennadv Chizhik - President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Marina Chizhik - CEO /VP /Secretary Gennadv Chizhik - President 1401 Warner Avenue, Suite B, Tustin, CA 92780 714 - 247 -1040 Corporation organized under the laws of the State of California 18 am C"Atudon CompOt Ue. 11401 ftlw, Awns, Subs B Tustin, CA 92780 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: A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /( to Are any claims or actions unresolved or outstanding? Yes /®o 19 GASS Coneftdon Company Inc. 1401 WwM Mom Store B Ttmtht, CA 82780 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Marina Chizhik \ GASS Construction Co., Inc. Bidder On before me, (Print name of Owner or President of C�orporation / ompany) u7� thoriz n ignature/Title MarincY Chizhik CFO /VP /Secretary (51% Owner) Title Date 26. 2010 personally appeared who proved to me on the basis of satisfactory evidence to be the Notary whose name(s) is /are subscribed to the within instrument and ackno dged to me that he /she/they executed the same in his /her /their authorized pacity(ies), and that by his /her /their signature(s) on the instrument the p;rson, or the entity upon behalf of which the person(s) acted, executed the instrum I certify under PENALTY OF PERJU the foregoing paragraph is true and cf WITNESS my hand and offigi4seal. Notary Puffin and for Expires: the laws of the State of California that SEE ATTACHED (SEAL) 20 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stale of California County of _&A, C On MO, V., :I o!b before me, K,,+k L h31.rn)ur� / (Here insen name and Lille of t omcer) personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose narri is /are subscribed to the within instrument and acknowledged to me that lie /she /11LCy executed the same injkis /her /Doir authorized capacity(iesj, and that byla+s/her /tb& signature(.aj on the instrument the personFa }, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of ttc State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Public commtwbn *11 M348 ,19 testacy Iub9a - CONIGMIa Otape count' (Notary Seal} ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('I "ale or description of attached document) (title or description of attached document continued) Number of Pages _ __ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER —I Individual (s) ❑ Corporate Officer 11 Partner(s) CJ Attomey -in -Fact ❑ Trustee(s) C:1 Other 2008Version CAPAvl2.10,07800 -873 -9865 wwwAotaryClassescom INSTRUCTIONS FOR COMPLETING THIS FORM Any ackno ^[edgment completed in California must enamor verbiage emetl) as appears above in the notary section or a separate acknowledgment fmm must be properly coupleted and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternanre acknowledgment rerbioge as may be primed on such o document so long as the verbiage die.: not require the notary to do something that is illegal fora notary in California (i.e. certifying the authorized capacity of the signer) please check the document am efully for proper notarial wording and attach Ihiq form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(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 (hen your tole (notary public) • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing all incorrect Ibrms (i U. helshe(lhe),,- is /are ) or circling the correct firms. Failure to correctly indicate thu information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impress an must not cover text or lines If seal impression smudges, re -seal it it sulLcici i : rea permits, otherwise complete a dif crent acknowledgment form. • Signative vfthe notary public must match the signalure on Ole with the otlice of the couriy clerk. • Additional information is not required but could help (o ensure this acknowledgment is not misused or attached to a dil'I'crent docmnent • Indicate title or type of attached document, number ofpaues and date. a.dicate 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 SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 NOTICE TO SUCCESSFUL BIDDER em Cow Contp> M ML 101 Warner Avenue, Sub B Tustin, CA 92780 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 CONTRACT THIS AGREEMENT, entered into this V day of l ` u�, 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Gass Construction Co., 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: SAN MIGUEL DRIVE STREET IMPROVEMENTS The work necessary for the completion of this contract consists of constructing roadway improvements for street widening, which includes roadway reconstruction, curb & gutter, catch basin, storm drain, sidewalk, curb ramps, traffic signal system modification, raised median construction, signing & striping, and all other incidental work in the specification document. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4472, 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. 22 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 One Million, One Hundred Seventy Thousand and 001100 Dollars ($1,170,000.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 at seq.). 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: Fong Tse, Proiect Manager (949) 644 -3321 CONTRACTOR Gass Construction Co., Inc. 1401 Warner Avenue, #B Tustin, CA 92780 714 -247 -1030 714 - 247 -1041 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rig or to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 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. 2. Sionature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. P41 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. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: CITY CLERK APPROVED AS TO FO��T"'��JnNrob ;I�>lynet D. ea�u :ef5a p fl //Assistant City;4ttor ` y (? tD 1� CITY OF NEWPORT BEACH A Municipal Corporation By: /4G Mayor CONTRACTOR f By: (Corporate Office# Title: President Print Name: Gennady Chizh k (Fi ncialOfficer) Title: CEO / VP /Secretary Print Name: Marina Chizhik Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO, 4472 BOND NO. 58675523 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is S 9902.00 being at the rate of $ 8.46 thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Gass Construction Co., Inc., hereinafter designated as the "principal", a contract for construction of SAN MIGUEL DRIVE STREET IMPROVEMENTS, Contract No. 4472 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. 4472 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred Seventy Thousand and 001100 Dollars ($1,170,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these prosent. THE CON'OITION OF THIS OBLIGATION 1S SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 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 11 th day of June , 2010. Gass Construction Co., Inc. (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801 San Diego, CA 92108 Address of Surety 619-682-3512 Telephone ff,14�0c Authorized Signature/Titl Gennady Chizhik — President tg�_� fi �_ Mth6hzel Agent i ature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND .SURETY MUST BE ATTACHED 33 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby Croke, constitute and appoint JetiYey R Gryde, Individually of Laguna Niguel, CA, its hue and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as dully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is =its and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 17th day of June, 2009. WESTERN SURETY COMPANY ono f y♦ /� / / ^/ Paul V.r Bruflat, Senior Vice Presidmi State of South Dakota J ss County of Mimrehaha On this 17th day of June, 2009, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say. trot he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY desmbcd in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to lice authority, and acknowledges same to be the act and deal of said cerporation. My camnnssron expires ♦sw4MVMVHAH,1h1aY,NN♦ `r D. KRELL ♦♦ November 30, 2012 $(RNOURY PUBLIC�a r SOUTH DAKOTA 1M4MYN44YrM,YLV WvvAM4 D. Krell, Ne Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereirabove set forth is still in farce, and further certify that the By -law of the corporation primed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11 th day of June 1 2010 ' WESTERN SURETY COMPANY pvi V2� L Nelson, Assistant Secretary F. F428""6 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shat have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 11, 2010 personally appeared before me, Kathy L. Bumum, Notary Public (Here insert name and title of the officer) 0 who proved to me on the basis of satisfactory evidence to be the personoO whose name(I) is /YX subscribed to the within instrument and acknowledged to me that hel)Wtlhq executed the same in hisl)WtVW authorized capacity(W, and that by hisikoubm siguatureQK) on the instrument the personf2(), or the entity upon behalf of which the person(y) acted, executed the instrument. I certify under PENALTY OF PER.TURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AKA1f1Y L WJRWJM cantmpgon p 1708336 Notary PWIC . Callornla Cnalrp6 Cow" 1 (Notary ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or dssaiption of alluhcd doctoncnt) (Title or description ofatmched document crontimtcti) Number of Pages Document Date (Additional infonuetion) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Tide) ❑ Partner(s) ® Attorney -in -Fact • Trustee(s) • Other 2008Venim CAPAvl2.10.07 800.873 -9865 www.NoWyClnm..com INSTRUCTIONS FOR COMPLETING THIS FORM .9m• acknoi4edgmmt completed in California mast confain lwbiage amab as appears abms in the nolan• .,rain, or a sepamlr maknoWedgmanf foam most be properly completed mid atached to drat docmnanf. The omit' exceptiar is if a documa t is to ha mcorded ontside of C hfonria In sneh brstancec, any altanmrive nrbroulydgraarit rerbinge as may be prinfed on such a domnnettl w long as the rvblage doer not eegnhm the notary no do sorneihing dart is illegal foe a nornry in Cnhfomia (i.e. osKAing the aothomal rnpaclrp of the signex) Please cheek roe dornmentrnr Aky farpmper notartal nmtding and match thistwin Itrequired. • State and County information must be the State and Cowry when the Qocumeat sipar(s) persanally appeared before the swtery public for acknowled8utml • Date of moralization must be the date that the sig`nes(s) pasou lly append which must also be the sane date Poe acknuMedgment is completed. • The notary public must print Ili$ or her name as it appears within his or her commission followed by a comma and then yma title (notary public). • Aim the mamas) of dec0mo»t signer(s) who personally appear at the time of nourrundimt. • Indicate the coact singular or plural font; by crossing off htemrect forms l ic. heishephel -is Aff ) or circling the correct forms. Failure m cortudy indicate this information may lend to rejection of document rttording. • nit rotary seal impression must N clear and photograplsically reproducible. Imlaession mast not cover text or lime& it seal impmeisiw nudges, n-seal if a suhciem area permits. otherwise complete a it feremt acknowledgment form • S gnow of the mostly public aunt match due signatme on fik with the office of The colmry clerk. b Additional ivfmmwtion is not required but could help to enstae this ackmwledpment is mot mimed or attached to a diffaxat document, ,% Indicate tide or type of attached document mwber of pages and dare. :4- Indicate the capacity claimed by the sigma. If rose claimed capacity is a osepaate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the sipmed document CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of d rar.l 6,p— On 3r�e {� lyl 9-01 D before me, personally appeared Gina&& [% (I ]ere insert name and title who proved to me on the basis of satisfactory evidence to be the person(s) whose name((a) is /ice subscribed to the within instrument and acknowledged to me that he%eKe /they executed the same in hist'llz tbeifauthorized capacity(ies), and that by his /berJtkeir signature(syon the instrument the person(a), or the entity upon behalf of which the personO 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. Z FLU ). 6tAA1^4A17w" Siimmu t ry Public (Notary Se �iwiry L et►etaaut CommbNrn{ N 170111 8 Notary Putrno • Catllomto Oran(is County ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT L Aer o•,d /Ac: C M (Title or description ofJattacheld document) 1' "9hr 1 /Ijyyrx P.l NMeA ( I nITA, descnption of attached document c tinned) Number of Pages °a Document Dale G 0 Cc _c>S_01e�t1nt��_ (Additional information) CAPACITY CLAIMED BY THE SIGNER [ I Individual (s) 76 Corporate Officer C Partner(s) Attorney -in -Fact `..' Trustee(s) Other 2008 Version CA PA v 121007800- 873 -9865 wwsv NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed at California must contain verbiage exactly as appears above in the notary section or a separate ackrmwledgment.farm must he properly completed and attached to that document. The only exception is tf a document is to be recorded outside oj Caltfornia. for such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require tire notary to do something drat is illegal for a nary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully, jar proper notarial wording and attach this form if required • Slott and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must he the date (hat the signer(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 name(s) of document signer(s) who personally appear in the omc of notarization. • Indicate the correct singular or plural forms by crossing off meorrec( firms (t e helshekhey— is have ) or circling the correct Ibrms. Failure to correctly indicate this mlommbon may lead to rejection of document recording. The notary seal impression must he 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 diterent acknowledgment form • Signature ofthe notary public must match the signature on file with the office of the county clerk v Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate (pile 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 coach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 BOND NO. 58675523 FAITHFUL PERFORMANCE BOND The premium charges on this Bond Is 5 9902.00 being at the rate of $ 8.46 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Gass Construction Co., Inc., hereinafter designated as the "Principal ", a contract for construction of SAN MIGUEL DRIVE STREET IMPROVEMENTS, Contract No. 4472 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, 4472 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, One Hundred SaWnty Thousand and 001100 Dollars ($1,170,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 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 11th day of June 2010. ff,14' Gass Construction Co., Inc. (Principal) Authorized Signature Ifl Gennady Chizhik - President Western Surety Company Name of Surety 1455 Frazee Road, Suite 801 San Diego, CA 92108 Address of Surety 619 -682 -3512 Telephone -: Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND .SURETY MUST BE ATTACHED 33 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein arTixod hereby make, constitute and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its tme and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute far and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as folly and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wtbras Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice Resident and its corporate seal to be hereto mixed on this 17th day of June, 2009. meter„ WESTERN SURETY COMPANY �gtpag9� 7 p� /_ P ' 1'8111 TBruflat, SCIIIOr VICe Pfe9dtllt State of south Dakoa County of Miamhaha ss On this 17th day of June, 2009, before me personally more Paul T. Bruhn, to me known, who, being by me duly sworn, did depose and say: That he resides in the City of Sioux Falls, State of South Dakota; that he is the Sector Wce President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said empamtion and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 4ee444444444444w4444444a i++ D. KRELL i November 30, 2012 — SOUTH AXOTA�! �v 4YM44YM4444YM4YYYY4Y4 e D. Krell, Na CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove set forth is still in force, and further certify that the By -taw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11th day of June 1 2010 WESTERN SURETY COMPANY c4c L Nelson, Assistant Secretary Farm F4280.09.06 Authorlsing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of Ste following By -Law duly adopted by dre shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed m the corporate name of the Company by the President, Secretary, and Assistant Secretary, Tremmer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertaldngs in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertalzings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 11, 2010 personally appeared before tne, Kathy L. Bumum, Notary Public (Here insert slant and mile of the officer) who proved to me on the basis of satisfactory evidence to be the personal whose namept) isrgf subscribed to the within instrument and acknowledged to me that helago" executed the same in his/DM authorized capacity(W, and that by hislb(aftx signature(K) on the instrument the personal, or the entity upon behalf of which the person(o 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. �w R -------------- ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or dmillaon of attacheddoctaneut) (Tide or description of attached document con ianco Number of Pages Document Date (Additional mfomration) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) D Corporate Officer Mile) D Partners) ® Attorney -in -Fact D Trustee(s) D Other 2008Venion CAPAvl2.10.07800. 873 -9863 vmw.NotatyMses.rnm INSTRUCTIONS FOR COMPLETING THIS FORM Airy nekxowlodgmonl completed in California mast canhdn verbiage aenedl)' as appears obnre in the notam .section, or a eopamto ackno"4e*nie 7 form most Ina pmparly completed MA anadied to dhal docmnent. 71tio only ercepfion is if a doenm in is ro be rerorded muside of rahfornia. In stick instances, any altername mblowledgmaw rerbiaga rts may be printed on such a comment so long as the rerblaga dour flat require the nornty to do something that is illegal for a nomryy in Califamia (i.e. rera{'jirng the alwhonwd enparirp of the signer). Please cheek die domnmend oarefrdh,%rpmper notarial ""ding and attach dhis farm if regnimd. • state and County information most be the State aqd County where the document sicaer(n) personally appeared txfare thenotery public for actoowledgnieni • Date of nofariration must be the date drat the sig`ner(s) persumflY appeared which must also be the sine date the admowledgmem is completed. • Tht notary public rmnst print his or her name as it appear within his or her con mission followed by a comma and thenyorn ffae (uotaty public). • Print the anne(s) of dacnmem sigxr(s) who pefsoaally apptm at Ore lime of notarization. • Indicate die corect singtdo-f a plural forms by crossing o8 incorrect forms (Lc NNshC Ayrisl ace) or citcliug the correct fonts. Failure to tvrrecdy indicate this iufonuatiou may lead to rejection ofdocu scut rceord'mg. • The nary sed uupression tint be clear and phologrnphically reproducible. Impression must nut cover text or lines. if seal impresstou samdges, reseal if a sufficient area petal ts. otherwise complete a diffelem acknowledgment farm • Signature of the Rotary public gnat mach the somit re on file with the office of Ouse colmly clerk 4 Additional etaararioa is not required but could help to ensure this ackrmwledgment is not misosed or attached to a different dour. @ Indicate title or type of attached document, ntuuber of pages and data. ` O Indicate are capacity claimed by the sigaer. If (he claimed capacity is a eoryorate officer, indicate the dale (Lt. CEO, CFO. Secretary). • securely attach ibisdomanent to the signed doconent CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 0M T__ On akNe -ly uto _ before me, Ile. Lsv L. (3t�f1uunl +- (�tn�s (I lerc msen name and title personally appeared y_ CJiizk;XC who proved to me on the basis of satisfactory evidence to he the personKwhose nameks) is /axe subscribed to the within instrument and acknowledged to me that he /sketth®y executed the same in his /jeer /ljzeirauthorized capacity,(ies), and that by his /i+er/their signature(g) on the instrument the person(eY, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A�rrfGt r 41 Signature Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT h�k�.. �e.Cspr -A�e,s C2�pMd (I the br descriptwrn ofattact donimenp �AN._Iy �I.O.ISGI_DC�VP JRPN! fMAM VO M /•�C (Til* or description ofallached documcf cmriniucd) NumberofPages aa, Document Date (0 11 1D mfarmalion) CAPACITY CLAIMED BY THE SIGNER I I Individual (s) V Coorp�orattteC�Offficeerr - tile) ❑ Partner(s) Attorney -in -Fact 'frustee(s) ❑ Other 2008 Version CAPA v 121007800- 873 -9865 www.NotaryChoses coin nr, INSTRUCTIONS FOR COMPLETING THIS FORM Any ackrmrvledgment completed in California most contain verbiage exactly as appears above in the notay section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is rf a document is to be recorded outside of California. In such instances, arty ahernatrve acknowledgment verbiage as map be printed on such a document so long as the verbiage does not require the notary to do something that is dtegal for a notary in Cantabrian (i.e. certifying the authorized capacity of the signer). Please check Are document carefullyforproper notarial wording and attach thisjrm frequrred. • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary pubhe for acknowledgment. • Dale of notarization must be the date that the signers) 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 wnhm his or her commission followed by a comma and then your title (notary puhhc) • Pant the name(s) of document signers) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect kams p e helsheltk ey, is /are) or c rchrig the correct firms. Failure to correctly indicate this information may lead to rejection ofdoeument recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges. re -seal d a sufficient area permits. otherwise complete a different acknowledgment limn • Signature of the notary public must match the signature on We 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 diflerent document •+ Indicate title or type ofanached document, number of pages and date Indicate the capacity claimed by the signer. If the claimed capacity is a corpoate officer, indicate the title (i.e. CFO, CFO, Secretary) • Securely attach this document to the signed document CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 06116/2010 Dept. /Contact Received From: Shauna Date Completed: 0611612010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: GASS Construction Co. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co. of CT B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Ej 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 L 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. If. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnitv Co. of CT 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 $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $1,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. 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. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): n!a C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REOUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: lfflckzll& reasa C&& 161 2010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception/waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ® Yes ❑ No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO 4472 DATE: 5/21/2010 BY: Public TO: ALL PLANHOLDERS Page: 1 of 1 The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. PROPOSAL: 1. Item No. 32: Replace the unit of measurement of "Each" with "Linear Foot ". 2. Item No. 60: Replace the Item Description of "Plant Establishment" with "Plant Establishment and 180 -Day Maintenance." 9 -3 PAYMENT 1. Item No. 60: Replace the Item Description of "Plant Establishment" with "Plant Establishment and 180 -Day Maintenance." Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. GASS Construction Co. Inc. Bidder's Name (Please Print) May 26, 2010 Date ithorized Signature & Tittle Marina Chizhik CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GA3A cordon ©off Inc. 1101 Wm w Avn, Sub B Tub, cA 82780 SAN MIGUEL DRIVE STREET IMPROVEMENTS CONTRACT NO. 4472 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4472 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 As -Built Drawings on CD @ Dollars and J O- C90 65,0-0,0 Ae)__ Cents $ Per Lump Sum 2. Lump Sum MobilizatiT" &,*e- �qV,� Wk Dollars and /O /� 30-510 $ Per Lump Sum 3. Lump Sum Traffic pControl vny 2 @ 7wxwSeze-c-Y"7 Dollars and 6)00 80 Cents / $ � Per Lump Sum GABS Caaducdol Company Inc. 1401 IN~ Avenue, Sub 6 Tu0n, CA 9=1 PR 2 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4, Lump Sum Survey Services @ P7'Vz j e" W- Dollars and SAD. B0 fb0 Dp �^ Cents $ Per Lump Sum 5. Lump Sum Clearing and Grubbing z�we.vT y @ Dollars and 2D POD. go 2j pop &0 �` Cents j $ Per Lump Sum 6. 3,500 Unclassified Excavation Cubic Yard @ ✓� Dollars and � Cents Per Cubic Yard 7. Lump Sum Erosion Control @ 7fs Dollars and Cents $ Per Lump Sum B. 6 Transplant Palm Tree Each @�%rVecoP�� Dollars and �R 6V �f � &0 Cents $ �_ $ � Per Each 9. 30 Remove Tree Each @7�10 ��` ��" Dollars and Cents $ ZZ $ 4'po, 00 Per Each QASS Con ruction Company Inc. 1101 Wamer Avenue, Suite B Tusdn, CA 92780 PR 3 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 11,000 Remove Existing AC Pavement Square Foot @ D`�(Zp� - Dollars and Cents $ 3. BD $ 3 3f 890. BO Per Square Foot 11. 1,700 Remove Existing Curb & Gutter Linear Foot @ � Dollars and � -y Cents $ Per Linear Foot 12. 6 Remove Existing Curp Ramp Each Oa c P�c�e�sa a1 @ iXfAf Dollars and Cents $ Per Each 11 15,000 Remove Existing Sidewalk Square Foot @ ®y Dollars and Cents $ � � � � $ /0' • � Per Square Foot 14. 1,100 Remove Existing Median Square Foot @ �—Dollars Per Scf6are Foot 15. 62 Remove Existing Retaining Curb Linear Foot 11 @'G�✓ �Z— Dollars and ie�_ Cents Per Linear Foot $ ZS 60 $ 52Y' (9,0 am cwn ucft Company Inc. 101 Vftw AvWA, Sulte 6 Tuatin, CA MN PR 4 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 3 Remove Catch Basin Eachp and Cents $ $ 00 Each 17. 50 Remove Existing 18" Storm Drain Pipe Linear Foot @ oti e Lem/ Dollars and r Cents $ A6D_ cw $ S eOD. 80 Per Linear Foot 18. 1 Remove Existing Mon ment Sign Each 7q X @ ge '7`1 Dollars —and � �f Cents $ 2� $ �57� • c9� Each 19. 2 Each Remove Exi ting tree] Light @ ch 'VC_— Dollars and Cents $ <W Each 20. 1 Remove and Cap Back Flow Preventer and Water Meter Each 77—Lo 4° @ 916 4,e `Le6�"'( Dollars and e4e�-- Cents $ /6U. 7 $ 2 /eO, Per Each 21. 5 Relocate Street Light Each Two x-7t4p-rset� _/0' @ Dollars and �7e� Cents $ 2 OSb. $ 10 2517• a� Each GA8S Conebution Company Inc. 1401 Warmer Avenue, Sub B Tustin, EA 82780 PR 5 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 5 Relocate Street Light Pull Box Each elv e @_ P1 Ph 1 Dollars and Cents $ % 00 $ Si ' Each 23. 2 Relocate Fire Hydrant Each ' e K @ Dollars and Cents $ r. §m' so $ /� BAD' B7 Each 24. 5 RQlocate Water Service Each THZce 7XWc C",,,SsCZ14e JeveA_ rrce vct'lk CYP Lrii —Dollars Dollars V and ley�_ Cents $ 60 $ ®i / "' 60 Each 25. 2 Adjust Valve Cover Each r— e lv voe9 @ Dollars and .� &0 �r Cents $ Each 26. 1 Adjust Manhole to Gr de Each @ Dollars and Cents Each 27. 450 Construct PCC Curb (Type B, 8" Curb Face) Linear Foot @ ;�X7ecwl-- Dollars and Cents $ $ y2d Per LineaW Foot GASS Consbuction Company Inc. 14o11Narner Avenue, Sure B Tustin, CA 82780 PR 6 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 1,500 Linear Foot 01 31 32 33. Construct PCC Curb & Gutter (Type A, 8" Curb & 24" Gutter) @ Z; Dollars and -A=�;W f Cents $ ZV- C'L- $ :P� &'8W, E40 Per Linear Foot 12,500 Construct PCC Sidewalk (4" thick) Square Foot @ Dollars n and ✓� Cents $ Per Sq6fire Foot 4 Construct PCC Curb R mp (Case H) e � Each BAv 77-c s�z @ � I--" ecl Dollars $ and ee� Cents $ /11W• 60 $ 7Z 210, e0 Each 1 Construct PCC Curb Ramp (Case E) Each eye 77c�Sez� q" i*kc�ec� Dollars and �f Cents $ AW 60 $ fi��. 00 Each 97 Construct Asphalt Concrete Curb (Type B, 8" Curb Face) F.Wf LF @ ✓� Dollars and Cents $ $ 3 Each 2,600 Construct 24" Aggregate Base Ton @y Dollars and J, 39 es�, Cents $ � $ / Per Ton GAn Consmx ft Company Inc. 1x01 YYa�tMr Avwlue, Suite B Tu dht, CA UM PR 7 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 950 Construct 7.5" AC Base Course Ton @ ei ' ✓� Dollars and q Cents $ � $ Jl 4V Per Toff 35. 300 Construct 2412 "AC Surface Course Ton Dollars and Cents ZS?�•� $ � $ ---/ Per To 36. 40 Construct 4 "AC along Avocado Avenue Ton (a3 !/O Dollars V,, Cents $ $ 3 Per T64 v 37. 100,000 Slurry Seal Square Foot @ Dollars and Cents $ 03r $ Per 84bare Foot 38. 750 Construct Integrally Colored Stamped Concrete Square Foot , @ Dollars and 0( Oct 80 Cents $ C 6D $ Per Square Foot 39. 3 Install Dote table Warning Surface Each @ Dollars Cents $ iii- ao $, Per Each UN Conswctlon Company Inc. W Warner Avenue, Sub B TuetlnrCAW60 PR 8 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 17,000 2" AC Grind Square Foot @ Dollars and Cents $ DE Sr $ 9 VPef 84uAfe Foot 41. 17,000 Construct Variable Thickness AC Overlay Square Foot @ 0/-L _- Dollars and cents $ l- ZS' $ Z / Per T49h 42. 30 Install 18" 1250JtCP Storm Drain Pipe Linear Foot 9 Av @ ✓� Dollars and ,�Rr_ Cents $ lds• 00 $ � Per Linear Foot 43. 20 Install 18" D -200 RC Storm Drain Pipe Linear Foot a� ✓� _Dollars and 11�_ Cents $ 13�reo $ 2�9�• 80 Per Linear Foot 44. 20 Install 24" D -1750 RCP Storm Drain Pipe Linear Foot kc�iec� @ Dollars and Cents $ $ Per Linear Foot 45. 2 Each Construct Curb , r''` � 7,w:��u @ i_1 i Dollars and Cents $ 2AP;Py"00 $ Each GASS Corabuedon Company Inc. 1401 Wanw Avanue, Buse 6 Twat CA 82780 PR 9 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 46. 1 Construct Curb Inlet (Type OS) Each i*-v rkx�e r4-ncv retia� Dollars and Cents Each 47 ! 49 51 Each $ Z�S�•&0 $ z Construct Junction Str cture No. 1 FP,c+K >xofega ,?v @ P;ve �hO&eW Dollars and �yy� $ 60 $ y ,D . C9.0 Cents Each 3 Construct Local Depre sion Each r7^'° y ef s a� of @ Dollars 1_6_ and Cents Each 2 Construct Concrete Collar Each ©o-e �cO ul a erg' @me ���� Dollars and Cents Each 1 Install 1 -inch Water Serylce Each F-c"* e oe aAc, @ 4"'0'0 nr�itec� Dollars and Cents Each Lump Sum Traffi�S' al Modification (San G, yxo.yS'nrc Dollars and Cents Per Lump Sum $ $ Z,S`�O, 0\0 Miguel/MacArthur) tugs Construction Company Inc. 1101 Warner Avenue, Suite B Tustin, CA 92780 PR 10 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 52. Lump Sum Taff %Signal otli>ation (San Miguel/Avocado) yxa,r fA+,( @ Dollars and Cents ! �S . `90 $ 13f Per Lump Sum 53. Lump Sum Traffic final Modifi ation (Avocado /Farallon) @ Dollars and PD, Cents $ 90 i0 Per Lump Sum 54. Lump Sum Temporary Wiring - Signal (San Miguel /MacArthur) Dollars and 6 9Jb1 1190 6 ejK Cents I, $ Per Lump Sum 55. Lump Sum Temporary Wirin - Signal (San Miguel/Avocado) @ a —Dollars and Cents $ Per Lump Sum 56. Lump Sum Temporary Wiring - Signal (Avocado/Farallon) @� _6 4"k pew 007 Dollars and 6 W,00 `/ ,f `bJ, 6D Cents $ Per Lump Sum 57. Lump Sum Signin & Striping 007 Dollars and 33f &'DO- e 33,e S1s0. 5D Cents $ Per Lump Sum GABS condnXtion Company Inc. 1401 Warner Avenue, Suite B TUS U, CA 92M PR 11 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 58. Lump Sum Planting �irr�a✓ 7'u-OG� @ Dollars @ Pi ve H "`fc( Dollars �Cf Cents and egD Cents / Per Lump Sum Cents 59. Lump Sum Irrigation Systems @ Dollars and �Cf Cents $ Per Lump Sum 60. Lump Sum Plant Establishment and 180 -Day Maintenance @ yG/2ee rA ouSf 4 /Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS che i ,M and �Jp� Cents May 26, 2010 Date 714- 247 -1040 / 714- 247 -1041 Bidder's Telephone and Fax Numbers 816579 A, B Bidder's License No(s). and Classification(s) 9>�uSa�Gi`' rs $— 01P0 - Total Total Price (Figures) GASS Construction Co., Inc. Bid er I v - CEO /w /Sec. Bidde& Authorized Signature and Title Marina Chizhik 1401 Warner Ave, Ste B, Tustin, Bidder's Address CA, 92780 Bidder's email address: marina @gassgmc.net h:t pdata\ 101070471administration %peacationstid- sheet - proposal c-0472.doc CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 20 June 8, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 orftse @NewportBeachCa.gov SUBJECT: SAN MIGUEL DRIVE STREET IMPROVEMENTS — AWARD OF CONTRACT NO. 4472 RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4472 to GASS Construction Company, Inc. for the Total Bid Price of $1,170,000 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $117,000 (10 %) to cover the cost of unforeseen work. 4. Establish an amount of $12,500 to cover the cost of construction material testing. 5. Establish an amount of $2,500 to cover the cost of printing and incidentals. 6. Approve a Budget Amendment No. to recognize the contribution of funds in the amount of $1,302,000 from Zoning Implementation and Public Benefit Agreement between the City and the Irvine Company LLC dated January 8, 2008 and appropriating $1,302,000 into Capital Project Account No. 7251- C1002025 7. Direct Staff to seek reimbursement for the project funding ($1,302,000) pursuant to the Zoning Implementation and Public Benefit Agreement between the City and the Irvine Company LLC dated January 8, 2008 DISCUSSION: At 10:00 A.M. on May 27, 2010 the City Clerk opened and read the following seven bids for this project: BIDDER TOTAL BID AMOUNT Low GASS Construction Company, Inc. $1,177,000.00 2 All American Asphalt $1,194,194.00 3 Sequel Contractors, Inc. $1,214,012.00 4 RJ Noble Company $1,239,931.00 San Miguel Drive Street Improvements June 8, 2010 Page 2 5 Jezowski & Markel Contractors, Inc. $1,290,049.00 6 1 C E Engineering $1,383,757.00 7 Excel Paving Company $1,477,453.00 The low total bid amount is 33% lower than the Engineer's Estimate of $1,750,000. The received bid prices reflect the current market competitiveness. The low bidder, GASS Construction Company (GASS) possesses a California State Contractors License Classification "A" as required by the project specifications. A check of GASS' references indicates satisfactory completion of similar projects for other public agencies. GASS has successfully completed several similar improvement projects for the City as GMC Engineering. This project will realign both San Miguel Drive northerly and southerly curbs from MacArthur Boulevard to approximately 500' west of Avocado Avenue. The improvements when completed will include new curbs, gutters, sidewalks, raised median with colored stamped concrete, plantings, irrigation, traffic signals, and a third left -turn lane for vehicles travelling eastbound San Miguel Drive onto northbound MacArthur Boulevard. The additional left turn lane will improve the operational efficiency of this intersection by providing more left turn capacity. Additionally, the existing traffic signal at the Avocado Avenue /Farallon Drive intersection will be replaced with a new traffic signal equipped with wireless video detection to monitor and optimize traffic flow. This project also included reconstructing the Fashion Island entry on the northwesterly corner of San Miguel and MacArthur Boulevard intersection. GASS is required by Contract to complete all work (less plant maintenance) within ninety (90) consecutive work days in advance of the November - December shopping season. In case of delayed work completion, GASS will be assessed liquidated damages at the rate of $1,000 per calendar day. Environmental Review: This project is included within the Final Environmental Impact Report for the City Hall and Park Development Plan, SCH2O9041010, which was certified by the City Council on November 27, 2009. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents and businesses. Construction Material Testing Services: In addition to the contract costs, approximately $12,500 in construction material testing services is estimated for this project. The work will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. San Miguel Drive Street Improvements June 8, 2010 Page 3 Funding Availability: This project will be funded under the Zoning Implementation and Public Benefit Agreement between the City and The Irvine Company concerning properties located in North Newport Center. The agreement provides for a circulation enhancement contribution of $2.5 million to reimburse the City for circulation improvements within the Newport Center area. Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project. Funds for this project Account Description Newport Beach Civic Center Proposed uses are as follows: Vendor GASS Construction Company GASS Construction Company Harrington Geotechnical Various Prepared b Fong e Princip I i\ Attachment: I Engineer Project Location Map Account Number 7251- C1002025 Total Purpose Construction Contract Construction Contingency Construction Material Testings Printing and Incidentals Total: Submitted by: Amount $ 1,302,000 $ 1,302,000 Amount $ 1,170,000.00 $ 117,000.00 $ 12,500.00 $ 2,500.00 $ 1,302,000.00 w 0 V� �O �JP Qo�� s92 O�J� F� DFtNE J� FARALLON ORjVF JQ- Q ' O V GQp �Q' JO Q' LOCATION MAP NOT TO SCALE SAN MIGUEL DRIVE STREET IMPROVEMENTS City of Newport Beach BUDGET AMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 1OBA -052 AMOUNT: $1,302,000.00 P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations to recognize funds from the Zoning Implementation & Public Benefit Agreement between the City and the Irvine Company for San Miguel Drive street improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4927 Contribtions - The Irvine Company EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Account Number C1002025 San Miguel Drive Street Improvements Division Number Account Number Division Number Account Number Amount Debit Credit $1,302,000.00 $1,302,000.00 ` Automatic System Entry. Signed: C�ilwt l! I V� Vt[R/1LQ/L & •� �d Financial ADO val: Administrative Services Director Date Signed: Approval: City 1u Date Signed: City Council Approval: City Clerk Date City of Newport Beach BUDGET AMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- IOBA -052 AMOUNT: $1,302,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations from the CIOSA Contnrction Fund and to increase revenue estimates and expenditure appropriations to recognize funds from the Zoning Implementation & Public Benefit Agreement between the City and the Irvine Company for San Miguel Drive street improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 430 3605 CIOSA Construction Fund - Fund Balance $450,329.92 REVENUE ESTIMATES (3601) Division Number Account Number Signed: �\ �l r • y Financial Appro I: Administrative Services Director Signed: Signed: (,IT A Date Date G'14-10 Date Fund/Division Account Description 250 4927 Contribtions - The Irvine Company $851,670.08 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7251 Contributions Account Number C2002038 San Miguel Drive Street Improvements $851,670.08 Division Number 7432 CIOSA Loan Expenditures Account Number C2002038 San Miguel Drive Street Improvements $450,329.92 Division Number Account Number Signed: �\ �l r • y Financial Appro I: Administrative Services Director Signed: Signed: (,IT A Date Date G'14-10 Date