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C-4753 - Emergency Repair Contract for Back Bay Trail repair at Back Bay Drive
EMERGENCY REPAIR CONTRACT WITH GCI CONSTRUCTION, INC., FOR BACK BAY BIKE TRAIL REPAIR AT BACK BAY DRIVE THIS CONTRACT FOR IMPROVEMENT OF PUBLIC STREETS ( "Contract ") is made and entered into as of this Z day of 4 .r ; 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and GCI Construction, Inc., a California corporation ( "Contractor ") whose principal place of business is 245 Fischer Avenue, Suite B -3, Costa Mesa, CA, 92626, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to repair a portion of the channel bank below the Back Bay Bike Trail, that was severely eroded in December 2010 rainstorms. C. City desires to engage Contractor to perform the restoration of the damaged section of the channel bank and the AC (asphaltic concrete) bike trail at Back Bay Drive ( "Project "). D. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. E. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of fifteen (15) business days commencing on March 21, 2011 or upon issuance of the "Notice to Proceed." NOW, THEREFORE, City and Contractor agree as follows: 1. TERM The term of this Contract shall commence on the above written date and shall terminate on April 21, 2011 unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. As such, Contractor shall perform all the work as described in the Request for Proposals dated January 14, 2011 ( "RFP "), and the Contractor's Proposal all attached hereto as Exhibits "A" and "B" and incorporated herein by this reference (the "Work" or "Services "). As a material inducement to the City entering into this Contract, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Contract, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of services under this Contract and Contractor shall complete the Work within 15 business from the date of issuance of the "Notice to Proceed." Failure to complete the work in the time allotted may result in termination of the Contract by City. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work, in accordance with the provisions of this Section and the Proposal, attached hereto as Exhibit "B ", City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Ten Thousand, Two Hundred Dollars and no /100 ($110,200.00). Contractor shall not receive any additional compensation unless approved in advance by the City's Project Administrator (as defined below in Section 6) in writing. The City shall make full payment to Contractor no later than thirty (30) days after acceptance of Work by City. F� a: T 8 P 1 X 4l 2 u GL is M A c 7 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Richard Tirrell to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. ADMINISTRATION This Contract shall be administered by the Public Works Department. Tom Sandefur, P.E., or his designee shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Contract. GO Construction, Inc. Page 2 of 21 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials and equipment as described in Exhibits "A" and "B" in performing Services under this Contract. Any deviation from the materials or equipment described in Exhibit "A" and "B" shall not be utilized unless approved in advance by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Services in a manner commensurate with Highest Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 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. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 8.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the GCI Construction, Inc. Page 3 of 21 sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 12. INSURANCE 12.1 Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own GCI Construction, Inc. Page 4 of 21 expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 12.2 Coverage and Limit Requirements. 12.2.1 Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 12.2.2 General Liabilitv. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 12.2.3 Automobile Liabilitv. 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 Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 12.2.4 Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of-loss with limits equal to one hundred percent (100 %) of the completed value of Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 12.3 Other Insurance Provisions. 12.3.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a GCI Construction, Inc. Page 5 of 21 waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.3.2 General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 12.3.2.1 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 12.3.2.2 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. 12.3.2.2 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. 12.3.3 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. 12.3.4 Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for GO Construction, Inc. Page 6 of 21 thirty (30) days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. 12.3.5 Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to.City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 12.3.6 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 Contract. 12.3.7 Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 12.3.8 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 12.3.9 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 12.3.10 City's Remedies. City shall have the right to order the Contractor to stop work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 12.3.11 Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. GO Construction, Inc. Page 7 of 21 12.3.12 Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of the coverages. i[cIIIIIIIIIIIIIIIIII *Q 01QI ►10 13.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract and in the form attached hereto as Exhibit "C" which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Contract in the form attached hereto as Exhibit "D" which is incorporated herein by this reference. 13.2 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 13.3 The Contractor shall deliver, concurrently with execution of this Contract, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 14. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of 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 GO Construction, Inc. Paoe 8 of 21 available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 15. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any Work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 16. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 17. CONFLICTS OF INTEREST 17.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 17.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 18. NOTICES GCI Construction, Inc. Page 9 of 21 18.1 All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Tom Sandefur, Project Administrator Public Works Department City of Newport Beach PO Box 1768 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Phone: (949) 644 -3312 Fax: (949) 644 -3318 E -mail: tandefur@newportbeachca.gov 18.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Richard Tirrell GCI Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Phone: 714- 957 -0233 Fax: 714- 540 -1148 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. GCI Construction, Inc. Page 10 of 21 20. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 21. STANDARD PROVISIONS 21.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 21.2 Waiver. A waiver by City of any term, covenant, or condition in the Contract shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 21.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Contracts of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 21.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and the Exhibits attached hereto, the terms of this Contract shall govern. 21.5 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 21.6 Effect of Contractor's Execution. Execution of this Contract 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 taken into consideration these factors in submitting its Project Proposal and Scope of Work. 21.7 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this GCI Construction, Inc. Page 11 of 21 Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange. 21.8 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 (Govt. Code §§ 900 et seq.). 21.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 21.10 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 21.11 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. GCI Construction, Inc. Page 12 of 21 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: OFFIC Date: Assistant City Attorney ATTEST: Date: ATTORNEY By: vw`6 � Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, A California municipal corporation Date: ylalIN By: � C�V\.. EIM Kiff City Manager CONTRACTOR: GCI Construction, Inc., a California corporation Date: 3 -14- -1 l �74 By: L �/ -�� ichard Tirrell Vice President Exhibit A — Request for Proposal — Scope of Work Exhibit B — Proposal Exhibit C — Labor and Materials Payment Bond Exhibit D — Faithful Performance Bond f. .iuserslpbwlsharedicontractsfin formal confracts1201 flemergency repair of back bay bike trailtback bay bike trail repair.00u GCI Construction, Inc. Page 13 of 21 EXHIBIT A Request for Proposal - Scope of Work ■ T, PUBLIC WORKS DEPARTMENT Sc <P Stephen G. Badum, Director CI FORK January 14, 2011 SUBJECT: BACK BAY BIKE TRAIL AT JAMBOREE ROAD EMERGENCY REPAIR REQUEST FOR QUOTE. Dear Mr. Tirell: Thank you for meeting me at the site and discussing the proposed project. As we discussed, the storms of December 2010 caused severe erosion of the slope supporting the Back Bay bike trail. The City is concerned that left unmitigated the slope could fail and collapse the bike trail. We are soliciting quotes to construct a repair of the facility. Your quote should include the following information: 1. Mobilization for the project. 1 Traffic control and detours for the pedestrians and bicycles that utilize the trail. We anticipate the closure of the trail for the period of construction. 1 Half -ton rip rap in the void. The void measures approximately 30 feet wide, 75 feet long, and 15 feet deep. Please provide a unit price. 4. Unit price for grout to secure the rip rap in place. 5. A unit price for reconstructing any part of the AC trail damaged by the work. Should you have any questions, please contact me at (949) 644 -3312. Sincerely, Tom Sandefur, , Associate Civil Engineer q \Dacumenls antl lar Back Bay washowdoc 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 - Fax: (949) 644 -.3318 www.newportbeachca.gov I WK: 11 1r9 =3 PROPOSAL aci ✓� �,(7NS't t•Il1C'I "if_'N INC, Attn: Mr. Tarn Sandefur City of Newport Beach Project: Back BaV. bike trail repair (Per plan sheet prepared by , Dater,' ) NONE GCI CONSTRUCTION, INC, License No. 755356.A 245 Fischer Ave. Suite 8-3 Costa Mesa, CA 92626 Phone (714)957 -0233 Fax(714)540 -1148 ITEMS OTY i 1 MOBILIZATION 1 LS 2 TRAFFIC CONTROL 1 LS 3 Place 112 ton Rip Rap in void 1400 TN 9 Grout Rip Rap, Pea Gravel grout 70 CY 6 R & R AC Trail 500 SF 5 Clean up 1 EA Richard Tirrell, Vice President (714) 957-0233 x -217 216/11 1:11 KI UNIT TOTALS 541700.00 $4,700.00 $1,500.00 $1,500.00 $62.00 $66.600.00 $140.00 $0,600.00 $10.00 $5:000.00 $2,400.00 $2,400.00 GRAND TOTAL: $110,200.00 Data Excludes: Inspection, Peimils, Fees, Testing, Bond, Survey, Night Work, Construction water, Demo I Clearing & Grubbing, Export of Dirt, Rock Blasting / Handling, Joining to Building I Roof Drain, Subdrains, Restoration of AC paving, interiorlexterior of Manholes or Catch Basins, Raising MH I Valves I orates / inlets / Drains, Landscape or Irrigation Removals or replacement. Gas Lines, Electric or Electrical Connection, Dewatering, Erosion Control (except to protect our ovin work), SWPPP plans or Implementation, Any and all items or. Plumbing plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above. EXHIBIT C EXECUTED IN DUPLICATE P:>?EMIUPi = NCLUUE3" --N CITY OF NEWPORT BEACH BOND NO. 04743:2 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GCI Construction, Inc., hereinafter designated as the "Principal," a contract for the Back Bay Bike Trail Repair located at Back Bay Drive, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 'NT ERNAT 0;aa FIDELITY 1SU:8ANCE. 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 Hundred Ten Thousand, Two Hundred DOLLARS AND NO /100 ($110,200.00) 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. 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 EXHIBIT C required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder 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 1f t day o t 2011. P� GCI Const uction, Inc. (Principal) Authorized Signa ure/TitIeC9wZ1Lm freJj Name of Surety 1,133 W =1 Sd :Ar. s7. STE 0 SAiVTA C:u.LsCA CA 90401 Address of Surety (310) 1-95 -7587 Telephone - 'SjIAh' R COMPANY VIca KesW jAk -- �, Olf 1W A thorized Agent Signature MIC:IAEL D. STUNG, ATTO?N..Y- tt -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Coun of Orange On �WaX&L before me, Janet L. Russell - Notary Public Dale I Mere Insert Name and Tills at We 011ker personally appeared Terry D. Gillespie and Richard L. Tirrell JANET L. RUSSELL Commission #f 1872135 i •� Notary Public . California i Orange County My Comm. Expires Oec 21, 2013' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))ikare subscribed to the within instrument and acknowledged to me that )WMfaRhey executed the same in )QM%r /their authorized capacity(ies), and that by)%/D&/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and official he 1 Signature Signature of N.1&rNZ=r OPTIONAL J9 Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIG"T7HUMOPR'NT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Assodabon•9350 Da Solo Ave.,P.Oemr 2402•Chalswnh.CA 91313-2402•wew NationalNntaryo'g Item #5907 Reorder. CallTou -Free 1.e00,8768B27 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title tribe oRccr) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persogWwhose name(Jr�is/aressubscribed to the within instrument and acknowledged to me that he /sheAltey executed the same in his/keFkfteir authorized capacity(lt:4 and that by his/hw4hair signatureKon the instrument the persons or the entity upon behalf of which the personKacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NR COMM. #1796916 NOTARY PUBLIC• CALIFORNIA N cc d RIVERSIDE COUNTY Sigrumurc ofNotnry Public (Notary Sea]) a My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) ❑ Partner(s) ❑ Anomeyin -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl 2.10.07800- 873 -9865 owse.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment cornplered In Califomia mast conmin verbiage exactly as appears above in the notary section or a separate acknmeledgrnent fomr must be properly completed and attached to that document, Tire only exception is if a document is to be recorded outside of California. /it such mulateces, any alternatire acknmrledgrnno verbiage as arm• be printed on such a document so long as the verbiage does nor require die notary to do something Char is illegal far a notary in California (Le. certifying the oulhorlced ngxmi0• of the signer). Please check die document carefullyforpropernmarial wording and attach drisfornt frequired. • 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 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 time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the morels) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e be /sheNher is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re -seal ire sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the counh clerk. Additional information is not required but could help to ensure this acknowledgment is net misused or attached to a different document Indicam 00e or type of attached document, number of pages and date. le Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely reach this document to the signed document State of California County of On Public, personally appeared ACKNOWLEDGMENT ss. before me, , proved to me on the basis of satisfactory evidence to be the person(s) whose subscribed to the within instrument and acknowledged to me that he /she /the same in his /her /their authorized capacity(ies), and that by his /her /their sigria instrument the person(s), or the entity upon behalf of which the person(s)2te instrument. I certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct. WITNESS my hand and official seal. ignature State of California County of On Public, personally ap (saal) 4 CKNOWLEDGMENT ss, before me, 7 who me(s) is /are executed the res(s) on the executed the of California that the Notary Prove to me on a basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that helshelthey executed the same in his/ r /their authorized capaciiy(ies), and that by his /her /their signatures(s) on the instrument a person(s), or the entity upon behalf of which the person(s) acted, executed the instrume under PENALTY OF PERJURY under the laws of the State of California that the I paragraph is true and correct. ESS my hand and official seal. Signature (seal) CITY OF NEWPORT BEACH rX:4CUTED IN DUPLICATE BOND NO. 0474312 PRISM -iN: $i,587.00 FAITHFUL. PERFORMANCE BOND The premium charges on this Bond is $l, 587 being at the rate of $ 14.40 price. 00 thousand of the Contract WHEREAS, the City of Newport Beach, State of California, has awarded to GCI Construction, Inc., hereinafter designated as the "Principal," a contract for the Back Bay Bike Trail Repair located at Back Bay Drive in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and iNITIERNATIONAL °iDELITV :??SUZA_;c---; CON:PA ?7 duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ten Thousand, Two Hundred DOLLARS AND NO1100 ($110,200.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. EXHIBIT D Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal nd Surety above named, on the 1st day of ,ARCH 2011. i GCI Cons uolkn, Inc. (Principal) Authorized Signature1Title L I 'VVPJ1 V ( eQ ?1116'cM- INTERNATIONAL FIDETITY INSURANCE COMPANY W1 It Name of Surety Ad orized A-6-YWO ignature 233 WILSHIRE BL STE 820 SAr3N MONICA CA 90k01 SICiiAE- D. STONG, AT-0R? Cy----N1-FACT Address of Surety Print Name and Title (310) 395 -7887 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Coun of Orange On 141 & before me, Janet L. Russell - Notary Public Dale Here Insert Name arM We at the OBKar personally appeared Terry D. Gillespie and Richard L. Tirrell JANET L. RUSSELL Commission • 1872135 ,-. Notary Public - California z Orange County My Comm. Ez ires Dec 21, 2013+ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Mare subscribed to the within instrument and acknowledged to me that )%"/they executed the same in )4iU%d/their authorized capacity(ies), and that byVkM/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my M7h&# Signature Place Notary Seal Abow Slgnalme of Nola r Pude OPTIONAL �. Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — TiUe(s): — ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 1. Number of Pages: Signer's Name: • Individual • Corporate Officer — Tdle(s): • Partner —❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Aswclabon- 9350 De Soto Aw.. P.O. aox 2402 -Chets onh, CA 91313 @402 -,w ..Narmnaftiaryong Ileme5907 Reorder.Ca17bIIFFre914M76 -68Z7 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On I� before me, R. NAPPI "NOTARY PUBLIC" (Hem insert name and title orthe officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persoRKwhose name(eis /arc subscribed to the within instrument and acknowledged to me that he /sheAlt" executed the same in his /keritiieir authorized capacity(it:4 and that by his/Hed4ioir signature(sron the instrument the personK, or the entity upon behalf of which the personjoacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NA EI n * COMM. #179LWGR Z r ¢ NDTARYERSIDE COUNTY DRNIA N J� �/� a RIVERSIDE COUNTY SignatmeofNolary Publ, (Notary Scal) My Comm. Expires June 7,20tt ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Pariner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vemion CAPAvl2.10. 07800 - 873 -9865 wwsv.NwwyClasses.eom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment, cornpltted in Cal/fornra near contain verbiage esacr¢• as appears above in the notary section or o separate arlmotrledgment fore, nuar be properly completed and marched to that document. The on(v exception is if a document is to be recorded outside of California In such instances. art- alternative acknmwledgment verbiage as may be printed art such a document so long as the verbiage does not require lite notary to do sanding dart is illegal for a notary in Calforeia (i.e. certifying the authorised capacity of fire signer). Please clack rise document carefulfyforproper notarial wording and atach thisfornt frequired • Stale and County information most be the Stale and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signer(s) personally appeared which must also be the same dote 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 off incorrect forms (i.c he /sheAkey. is /are ) or circling the correct forms. Failure to correctly indicate this information may Icad to rejection of document recording. • The notary seal impression must be clew and photographically reproducible. Impression must not cover text or lines. If sent impression smudges, re -seal if a sufficient area permits, olheesise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure iris acknowledgment is not misused or auxhed to o different document 0 Indicate title or type of ahached 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.c. CEO, CFO, secretary). • Securely attach this document to the signed document Tel (973)624 -7200 @'r (11 OVNTA P D I I:. to] I :A i I N I i161 10 1 I INTERNATIONAL FIDELITY INSURANCE (COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, . a corporation organized and existin_e laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint MICHAEL D. STONG, JEREMY PENDERGAST Riverside, CA. its true and lawful attoiney(s) -in fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory, in the nature thereof, which are or may be allowed, required or permnted bye law, stature, rule, regulation, contract or otherwise, and the execution of such msh'ument(s) in pursuance of these presents, shall be as bindmg upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on die 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof mid, 12) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is sr ned and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day in &April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of . attorney or certificate bearing such facsimile signatures or facsimile seaPshall be valid and bindin upun the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with tespect to any bond or undertaking to which it is attached. P IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY SEAL m }904 V5 STATE OF NEW .IGRSEI' p County of Essex `�i eaS a� r } a Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known- and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. UOAHO&. IN TESTIMONY WHEREOF, I have_ hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and. year first above written. A NOTARY PUBLIC OF NEW .JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL. FIDELITY INSURANCE COMPANY do hereby certiti• that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -haws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this ' �'I day of 40—k- 4' Assistant Secretary OP ID: AA '40!C CERTIFICATE OF LIABILITY INSURANCE �� NCE DATDnYYY) 2 /25 02/25/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER 714 -665 -9800 Seltzer Insurance Services 714- 665 -9801 140 Centennial Way Tustin, CA 92867 Seltzer Insurance Service CONTACT PNONE FAX Nc o Exe: INC. No: E -MAIL ADDRESS: PRODUCER COS TONER IDd: GCIC0-1 INSURER (S) AFFORDING COVERAGE NAIC 11 INSURED GCI Construction Inc INSURER A As Great American AS nU ce Co. 26344 CME Corporation 245 Fischer Ave., Ste B3 INSURER B: Delos Insurance Company _ _ _ INSURERC: Everest National Insurance Co. i 35408 10120 Costa Mesa, CA 92626 INSURER o: Fireman's Fund Ins Co 121873 INSURER E: Ass. Co. of America (Zurich) 04101111 DAMAGE EN TED PREMISES Ea .I to nre INSURER F NED EXP(Any one person) S COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR rypE OF INSURANCE ADD SUB POLICY NUMBER POLICY MMIDDY EXP LIMITS GENERAL LWBILTY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ox OCCUR X X GLP1679450 04101110 04101111 DAMAGE EN TED PREMISES Ea .I to nre $ 50,00 NED EXP(Any one person) S PERSONAL &ADV INJURY $ 1,000,000 X Owner's/Cont Pro X _ XCUIDeductible GENERAL AGGREGATE $ 2,000,000 $5,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY`FxD PRO- LOC JECT Emp. Ben. $ 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO I DPA5503719 04101110 04101111 COMBINED S INGLE LIMIT $ 1,000,000 eoDILY INJURY (Per person) $ JX ALL OWNED AUTOS BODILV INJURY (Per aaidenq $ _ SCHEDULEDAUTOS HIREDAUTOS PROPERTY DAMAGE (Peracdden0 $ X 1X $ NON- OWNEDAUTOS X Comp /Coll Ded $1000 $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE S 4,000,000 A EXCESS LIAB CLAIMS-MADE UM61679451 04101110 04101111 DEDUCTIBLE $ _ $ RETENTION S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUME YIN C, (Mandatory NH)EXCLUDED? (MOntlato EM ER NIA X 7600001466101 03117110 03117111 I WC STATU- I X OTH- L M E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE- $ 1,000,000 It yes, desaibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT E 1,000,000 ID IM- Egp.ILesd -Hrd -R MX198401780 04101110 04101111 Sch Limit 507k110 E COC - Zurich I BR70078177 02125111 02125112 Limit 110,20 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) Certificate holder along with its elected or appointed officers, agents, officials, employees & volunteers are additional Insured with regards to the operations of the nmaed insured for project: Emergency Repair of Back Bay Bike Trail, GCI Job #345 as per the attached blanket endorsements. `10 -day notice of cancellation for non - a ment of Premium City of Newport Beach, Public Works Dept. PO Box 1768 3300 Newport Blvd Newport Beach, CA 92658 -8915 ACORD 25 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE Seltzer Insurance Service © 1988.2009 ACORD The ACORD name and logo are registered marks of ACORD All rights reserved Great Umarican Assurance Company %nc. Policy # GLP1679450 CG 20 37 Effective: 04/01/10 (Ed. 07 04) 11..: 7 �'�i /'i:: -;!pi C�.i,.1' _� 1 •�.; •''Tye Iii '.�.,'jIZ1.� 6il�c.0 1'�r'.a:',. t f+ 1 "4 =L X1; 4 °o H�3 =�'•:; IEU�Y �f� 1 nx':+t. • �ri.'1. l_ Au f-c�2:r - d�.'A. ik 1 i +3 �c:.�d hn.a� a ca•I rj;'a�C4l ..ri I 'Jua�.c.., j. i . i i . I : ^•1 c .� .I �f; .e r-�.'.. r . Blanket °As Required By Written Contract° This endorsement applies to work performed on Commercial Projects only and excludes any and all OResidential Structures° work. Information remixed to complete this Sdvadule, if not shown move, will be shown m OM Declarations SEC49M H - VJHO 9S ALM MURED is amended to include as an Additional bman -ed the parsonN or orgenizationW shown in the Schadule, but only with respect to liability for 'bodily ingvY or "property damage" cause4 in whale or in part, by "your work" at the location designated and described in the schedaAs of this endorsement performed for that Additional Insured and included in the " products - completed operations hazard" Copyright ISO Properties, Inc; 2006 CG 20 37 (Ed 07104) PRO (Page 1 of t) .9M i- Great American Assurance Company GCI Construction, Inc. Policy # GLP1679450 CG 20 33 (Ed 07 04) Effective: 04/01/10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE (BEAD IT CAREFULLY. —!Lti hlli &a �:�1i 471t •I�d; t; �:CP.i,1:'„1 '�a'i.i a� This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 14 - VAiD IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: t. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured A persons or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed IL With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply This insurance does not apply to: t. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including I a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project 2111 =47NIVI-A Copyright, ISO Properties, inc., 2004 CG 20 33 (Ed 07/04) XS Policy # GLP1679450 Effective: 04/01/10 GM ammmuenow, YIOC. CQv 24 04 (Ed. 10 93) THIS EIIfMSEWMff CUES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO IDS This endorsement modifies insurance provided under the following: CONAERC1AL GENERAL LIABILITY COVERAGE PART T;T19 IT1i>r Mann of Person or Organization: Blanket -As Required W Written Contract:- This endorsement applies to work performed on Commercial Projects only and excludes any and all °Residential Strtactures® work. (lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO IDS Condition (Section IV - Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payment's we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the °products- completed operations-hazard.' This waiver applies only to the person or organization shown in the Schedule above. Copyright, Insurance Services Office, Inc., CG 24 04 IEd. t0193) PRO (Page 1 of 1) Great American Aeeurance Conpany MX COMSTRUCT%OM, IMC. Policy # GLP1679450 SAC 3 Effective: 04/01/10 (Ed 11 06) l�l.i ' , r •r- •.�ao!.- :�Yeh; IR,. +1ig :iq:. FL .. -�� ! ��:7�d�.7�:.'��T�. I. i a �'I '.T7�'� I'i �.' "i.lv�i `; 'i',I�'� Ir, IfR; _' Tr "'U.E�I I I '� :•: r IiFa `.1 b t r; i';iaR1 Ri•i. �.a —. R. :. Cep ".�7 R1 .' C. ��.•:?+ GAC 3649CG (Ed 11/06) XS WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM BLANKET WAIVER OF SUBROGATION THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03 -17 -10 Policy No. 7600001466101 Endorsement No. 001 Insured GCI CONSTRUCTION, INC. Premium $ INCL. Insurance Company EVEREST NATIONAL INSURANCE COMPANY Countersigned By -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. wsuRM covr CITY OF NEWPORT BEACH I FED 2 2 Zllti CITY COUNCIL STAFF REPORT nnm February 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL C'y753 FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3312 or tandefur@NewportBeachCa.gov SUBJECT: EMERGENCY REPAIR OF THE BACK BAY TRAIL AT JAMBOREE ROAD ISSUE During the recent severe storm events in December 2010, the channel bank that supports the Back Bay Trail at Jamboree Road experienced significant erosion and requires immediate repairs. In this area, the bike trail and portions of slope are within a City easement and thus are presumed City responsibility. Staff has applied for and has tentatively been approved for Federal /State Emergency Relief Funds to reimburse most of the City's costs for the channel bank repair. RECOMMENDATIONS 1. Approve Budget amendment No. 11 BA -_ recognizing new revenue from the California Emergency Management Agency and FEMA and appropriating $103,588 to 7014- C2502008 and transferring $6,612 in project savings from 7013- C5200932 (Coast Highway Median Improvements Phase 2) to 7014 - C2502008 to make emergency repairs to the Back Bay Trail at Jamboree Road. 2. Approve entering into an informal contract with GCI construction Inc. for up to $110,200 to provide the necessary repairs consistent with the newly approved Charter limit of $120,000 for informal contracts, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION During the heavy rain storms of December, 2010, the high flows in San Diego Creek attributed to aggressive erosion to a section of the supporting southerly channel bank near mouth to the upper bay, to within 3 feet of the regional Back Bay bike trail pavement. Left unmitigated, the slope could experience continue erosion and failure of the bike trail after another rain event. Back Bay Trail serves as a critical link for both recreational and commuter bicycle traffic. At Jamboree Road, the trail passes under the Jamboree Road Bridge and then parallels San Diego Creek. The area requiring repair work in located in a multi - jurisdictional Emergency Repair of the Back Bay Trail at Jamboree Road March 8, 2011 Page 2 region with most of the repair lying within a city easement. Both Fish & Game and the County of Orange have provided approvals for the emergency repair. Three contractors were contacted to provide bids for the repair. The repair entails placing half -ton riprap rock with concrete grout in the void area of the slope. The following bids were received: BIDDER TOTAL BID AMOUNT Low GCI Construction, Inc. $110,200.00 2nd Beador Construction Company, Inc. $144,840.31 3rd Sunquest General Engineering, Inc. $274,775.00 While the current Council Policy F -5 limits the size of the informal contract to $30,000, the recently approved Charter Amendment allows informal contracts up to a limit of $120,000. If the formal contracting process is used, the repair work could be delayed until May. Due to the probability of rain in the near future and the precarious nature of the trail in its current condition, staff recommends entering into an informal contract with GCI Construction Inc. (GCI) based on its low bid and its successful history on many City project of similar complexity. GCI could mobilize and start the repair in early to mid March. Cal EMA and FEMA are working cooperatively to implement a joint recovery strategy following President Obama's disaster declaration for eleven California counties affected by severe winter storms, flooding, debris and mud flows beginning in late December of last year. The City applied for repair funds offered under a Federal Emergency Management Agency (FEMA) program. Last week FEMA issued a declaration approving the repair with reimbursement up to 94% of the cost. Staff is speaking with FEMA to determine the exact reimbursement percentage for our project. The anticipated reimbursements and cost to the City for this project are shown below: FEMA/Cal EMA reimbursable amount 94% $103,588 City responsibility 6% $ 6,612 ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (d) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. PUBLIC NOTICE Advance warning of the construction shall be posted on the bike path three days prior to construction. Bicyclists and pedestrians will be detoured around the construction area utilizing other sections of the Back Bay Trail and the bike lanes on University Road and Jamboree Road. Emergency Repair of the Back Bay Trail at Jamboree Road March 8, 2011 Page 3 FUNDING AVAILABILITY Upon approval of the budget amendment, there are sufficient funds available in the following accounts for the project: Account Description Account Number Amount General Fund 7014- C2502008 $ 110.200.00 Total: $ 110,200.00 Proposed uses are as follows: Vendor Purpose Amount GCI Construction, Inc. Construction Contract $ $110,200.00 Total: $ 110,200.00 Prepared by: Submitted by: Tom Sandefur, E ep . Badum Associate Civil Engineer P li orks Director Attachments: Project Location Map Site Photos LOCATION MAP EMERGENCY REPAIR OF BACK BAY BIKE TRAIL AT JAMBOREE ROAD B YVIEW WAY G� 5P PROJECT LOCATION m 0 BACK BAY BIKE TRAIL m BACK BAY J �a J r7 City of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates NX Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: X from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 11BA -033 AMOUNT: $110,200.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates to recognize new revenue from the California Emergency Management Agency and FEMA, and to transfer project savings of $6,612 from the Coast Highway Median Improvements project to cover the cost of emergency repairs to the Back Bay Trail at Jamboree Road. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account Description 5100 4894 Public Works: Engineering - FEMA EXPENDITUREAPPROPRIATIONS (3603) Division Number 7013 Street Account Number C5200932 Coast Highway Median Improvements Phase 2 Division Number 7014 Misc & Studies Account Number C2502008 Back Bay Trail Emergency Repairs Division Number Account Number Division Number Account Number Signed: W �j'G Financial Signed: Signed: Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $103,588 $6,612.00 ' Automatic $110,200.00 Date Date Date � d wlloaeov� r" a �\ Lk