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Home My WebLink AboutC-4840 - Bay Avenue West Pavement RehabilitationCITY OF NEWPORT BEACH 11 January 15, 2015 GMC Engineering, Inc. Attn: Gennady Chizhik, President 1401 Warner Avenue, Suite B Tustin, CA 92780 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Bay Avenue West Pavement Rehabilitation — C-4840 Dear GMC Engineering, Inc.: On January 14, 2014 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 27, 2014. Reference No. 2014000032628. The Surety for the contract is Western Surety Company and the bond number is 58708002. Enclosed is the Faithful Performance Bond. Sincerely, /� - 4, w—� Le9%Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 58708002 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 11,448.00 , being at the rate of $ 1 • thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the 'Principal," a contract for Bay Avenue West Pavement Rehabilitation 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 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 Three Hundred Ninety Nine Thousand Nine Hundred Ninety Nine so/(m ($1,399,999:50) 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. GMC Engineering, Inc. Page C-1 1. $500,000 @ $10.80 per thousand and $899,999.50 @ $6.72 per thousand 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 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 24th day of July 2013 GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, - San Diego, CA 92108 Address of Surety 619-682-3550 Telephone ft';"IM Authorized SignaturelTitl Gennady Chizhik - President Z° v4r- h rized AgErnt Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GMC Engineering, Inc. Page C-2 Vlrestem Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kaon Ah Men By These Presents, That WESTERN SURETY COMPANY, a South E dsota corporation, is a duty organized and existing corporation havmg its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the sigadnm and seal herein affixed hereby make, cossfitute and appoint Jeffrey R Gryde, Individually of LagumiNiguel, CA, its oma and lawful Anorney(s)-in-Fact with full power and audarityhereby ounferred to sign, sed and execute for and on its behalf bonds, undcrm4dnP,sand otherobligebryinsaumrnts of &cnilarrutuve - In Unlimited Amounts - and to bind it thereby as fully end to she same orient as if such srstramentswere signed by a ddy authorized oficer of the corporation and all the aces of said Aftomey, paaonttothe authority hereby given, arehereby ratifiedasd confirmed. This Power of Attorney is made god executed purma t to and by authority of the By-law printed an she reverse hcre4 duly adopted, as indicated, by the shareholders of the mspanion. In Wimps Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Yice President end its corporate sed to be hereto affixed oe this 1&h day of October, 2012. WESTERN SURETY COMPANY �� auk T. Brutat, Vim President State ofSomh Dakota County ofMmrhehaha 3 ss On this 18th day of October, 2012, before me personalty come Pau] T. Bmflak to rue know, who, being by me duly sworn, did deposc and say: that he resides in the City of Sioux Fats, State of South Dakota; dint he is the Vice President of WESTERN SURETY COMPANY dtsenlced in and which excepted the above instrument; thu be knows the seal of said eeupuratio n; that the seal affixed to the said instrument is such corporate sed; that it was so affwzd penman to authority given by the Board of Directors of said corpomtiun and that he signed his name thereto pursuant to like adtsority, and aclonowledgas sane to be the act and deed of said corporation. My commission expireJ. MOHR'""""^^"' J. pHR lune 23, 2015 arae thaxma J. Mohr, Notary Public CFBTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Atamey hereinabove set foath is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In tmthoony whereof I have hernmto subscribed my name and athxed the sed ofthe said corporwion this 24th day of July 2013 WESTERN `TSURETY COMPANY • �4 PMf F� � fL.L= pya� wJll L. Nelson, AssOmaSecoaary Fare F4�fl0-7-20h CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. P.1EIS WITNESS m hand and official seal. :., . COMM. a19�4os9 z y s ...� Notary Public - California A Orange County My Comm. Expires AE. 29, 2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE AT'T'ACHED DOCUMENT (Title o, description aronmhed aeounent) {ride or description of attached dnesuneux eemtiauosl) Number of Pagts Document Date _ i Addi[uwial informanims) CAPACITY CLAIMED By THE SIGNER L_ Individual (S) C Corporate Offit"r {Tntel L Partner(s) Artorncy-in-Fact ❑ puler _ INSTRUCTIONS FOR COMPLETING THIS FORM Ant, orAwMeledgmene eamptesed in Catotnla roust COA14M rerrbiage exactly .0 alspears aiow in the noUry .rection or a witiarare arknowiedgmeal form mvsr be p,opeety completed and armched to drat doeument. The onas erceprian is of a documem a lo be tecnrded onrsidr ofC.'rdrfenna. ht sarh instanees. Moro aherman e arkftuie4lnent Pr ,'Pee as may be printed on such a doeomear so long as (fir imrlrmge dos not regwre tae noarn- to do something ohm to rR±g:d for a aorarr in Cerfifornra 6--eeemf)n'ng sire authorized capaehr of rhe ngner%. Piewe check she document rarefuilyfnr proper noxrrtal m,udorg tend Munch thrs farm if required. • State and Cattle, information Dugas be the Slate and County where she dxumew signers) personally am ared. before the hoary public fox acknnwleRgmens. • pate of n ritia,on owir be. The date tint the signaer(s) persore)ly appeared which must slso be use ourre date the acknsnvledgtnent is eompleted. • The notary public must print big or her name as ii appears within his Or her commission fol k)wed by a Comma andthen your tirle(ns+wy public). • Print the Mantels) of doeumtnt 51"aFs) who persasatly aprncu at the time of Milan zation. • Indicate the correct singular or plural kwms by cntyxinb off inwrrai fanny Is.e_ ho;ahciilwyr is lege ) or c.rclmg use carnet (imus. Fallnrr In correctly indicate this infomretion nay lead to rejecticwn (ddoeurnrni regarding. • ncc MOLD" seal impressiaa taus[ be clear and phowgraphicaliv repruducthle, Imprnsim Imes, not euro test tit hues. Ff seal impressirn pisudges, t�l Lf i sufrmien, area permits, olherwib-e Complete a differrmt acknnwledgmax form, • Sier a,ure of the notes) paW rust n ateb the sip stere on fiat Willi lis office of the manly clerk. °+ AMtitimmal infmnnttcn is " rtgalttd bus Otsuki help la aasu,c ibis acknowledgment is not misteied or attached to a different docm,unt. ;+ Indicate raft ,x type ofattaghed document, number ofpnges and date. i Indicate the e4pacity clawed by the signer If the elaiined capacity is a consteale oetwer, andtcate the tale(i.e CEO, CFO. Swraary). • Securely attach this ducuuaent w the signed dtx.ument CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 beforeme, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the persorl whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/skit;/%hey executed the same in his/.kterlhei'r authorized capacity(ias), and that by his/1re dwtT signattl on the instrument the personl or the entity upon behalfof 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. 8Aa9AAA A. OWS WITNESS my hand and official al. Commpdon 0ION419 NoMy PWBe • CWPo1111111 Or&W C"* Signature of Votary Public (Notary Seal �n11nR 1 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT 'aithful Performance Bond (Title or description of attached document) Ave. West Pavement Rehab. ('Title or description Number of Pages 2 Document Date 7/24/13 4UYV - LVO (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) X Corporate Officer President (Tiue) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 1009 Version CAPA v12. 10.07800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in C'alfornia onea contain verbiage eradlr as appears above in the notmy section or it separate acknowledgment firm must be properly completed and attached to that doamtent. The only exeep to, ev (/ rr document is to be recorded outside of California. In such urvia ce.s, mm allernalire aeknovledgment verbiage as may be printed on such a document sn long as the rerbtage does not require the notary to do something that is illegal for a non" I el Cahfarnia (i.e, certifjing the authoriced capacity of the signer). Please check the document carefully for proper notarial wording mrd attach thisform lfrequired • State and County information must be the .State and County where the dncmncrn signers) personally appeared before the notary public for acknowledgment • Date of notarization must he the date that the signer(s) personally appsuied which must also be the same date the acknowledgment is completed • The notary public must print his or her nano as it appears within his or her commission followed by a comma and then your title (notar) public)_ • Print the names) of document signer(s) who personally appear at the lime of notarization • Indicate the correct singular or plural forms by crossing orf incorrect forms (iC. ke/she/grer is /are ) or circling the correct forms- Failure to correctly indicate this information may lead to rejection ofdocumenl recording. • 'nie notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges., re -seal if n sufficient area permits, otherwise complete a different acknowledgment form_ • sianamre of the notary public must match the signature on file with the sit itt ul' the county clerk. Additional information is not required but could help to ensure thrc acknowledgment is not misused m attached too different document Indicate title or tvpe of attached document, number ofpages and dale Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i. e_ CEQ CFO, Secretary) • Securely attach this document to the signed document OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC April 2, 2014 GMC Engineering, Inc. Attn: Gennady Chizhik, President 1401 Warner Avenue, Suite B Tustin, CA 92780 Subject: Bay Avenue West Pavement Rehabilitation - C-4840 Dear GMC Engineering, Inc.: On January 14, 2014 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 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 27, 2014, Reference No. 2014000032628. The Surety for the bond is Western Surety Company and the bond number is 58708002. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Premium: Included in the Performance Bond EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 58708002 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Bay Avenue West Pavement Rehabilitation 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, 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 and firmly bound unto the City of Newport Beach, in the sum of One Million Three Hundred Ninety Nine Thousand Nine Hundred Ninety Ninebo)toe ($1,399,999.50) lawful money of the United States of America, said sum being equal to 100% of theestimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to.the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Band shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as . required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. GMC Engineering, Inc. Page B-1 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 24th day of July , 20 13 . GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone Authorized Signatur &Title Gennady Chizhik L President ,Ku o zed A6erft Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GMC Engineering, Inc. Page B-2 V\egem Surety Comparry POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know 411 Men By That Presents, Thal W ESTFRN SURETY COMPANY, a South Deketa corpoWdon, is a duty organized and existing corporation havom its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signamne and scat hacin affixed hereby make, eonstinat and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its oma and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign, seal and execuk for and on its behalf bonds, wdertakmgs and other obligatoryinsmumcmts of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to die same OMA as if such etstmments were signed by a duly authorized offca of the corporation and all the acts of said Attorney, pursuant to the authority hereby giw:n, are hereby ratifiedand omfiioned. This Power of Amenity is made and executed pursuant m and by authority of die By-law printed on the reverse bereoL duly adopted. a9 indicated, by the shareholders ofthe corporation. In Wihas Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Via President and its corporate seal to be la vetaffixedonthis 111thdayof0meber,2012. WESTERN SURETY COMPANY �'—JTWA T. Brutat, Vice President SM of South Dakota ss Comfy o!Mvuehaha On this Ift day of Omber, 2012, before me personalty cane Paul T. Bmfla% to me known, who, being by me duly sworn, did depose and say: that he raider in the. City of Sioux Fags, State efSoioh. Dakota, dint be is the Vice President of WESTERN SURETY COMPANY described in and which executed die above irattrranert: dont be knows the sell of said cooperation; that the seal al fixed to the said instrument. is such wrpmaac seal; that it was so affixed paman to authority given by The Board of Directors of said oorpmation ed that he signed his name thereto pursuant to like authority, and acknowledges same to be die WA and deed of said ompoadon. Mycouunissionexpires +'^^ J. MH'"^""'""� J. apHR lone 23.2015'se w.w✓.rw�w.'t•h..r..rnwr [{ JY ��J/\/ 1+1 J. Mohr, Notary Public CFXTIFICATE 1, L. Nelson, Assistant Secretary 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 hcrewm subscribed my name and affixed We seal ofibe said corporation dts 24th day of J UIY 2013 WESTERN SURETY COMPANY �.. L. Nelson, Assistant Secretary Form F42W-100 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. Signature P. LEIS1. comm. #1974059 z ge �< Notary Public • California C Orange County My Comm. Expires Apr. 29,2016? (Notary Sean ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description a£a(taehed dfcunentl (Title or descripricm of attached dncumrnt Cbmiauod) Number of Pales Document Dace (Additional mformation) CAPACITY CLAIMED BY THE SIGNER O Individual (s) ❑ Corporate Officer {Tale) Cl Partner(s) I9 Attorney -in -Fact ❑ Tntsten(s) ❑ Grier INSTRUCTIONS FOR COMPLETING THIS FORM Ars, oe'k'ruhvledgAleMt completed in CalOmis met contain verbiage exactly as appears above in she notary section or a separae dchnowledigreeni form must be pmpnrty campieted and attacked to that dooumsar. rke aegis exception is if is document a 10 be recorded oa;afde of caghfenrva la seek iasrmrces. my altemai" a Iff"Iedgment nerbtage as may be printed on and, a dacnareat so long as the serNew does not regnim the rmmry ro do rometkhrg Agar is illegal, for a nurarp in Colffornia (Le. certlJyieg Ike aathmazed capachr of the signer). Please check the dorsrme a amefnlly Jnr proper r[omrial worrfing and attack this form iifrequard. • state and County infamuoms muni be the Slate and County whet, deo documem signerts) personally appeared before the rmtery public for acknowledemem- • Dale of nnlarizalitro must be the date that the signe[(s) perineally appeared which must also be the same rule the acknowledgnwnt is completed. • The notary public must print hit ar her Mame as it appears within bis or her cnarsnigsiau£allO gxl bye comm and . dim }aur rite(notary truistic). • Prier the aama(s) of document signers) who personally appear or the tinge of nomriratirM • ladieatc she oorrect singular ar plural brass by enrasimg of incrust tonna (i.e 6abhchMheyr is lase ) or circling Wo mrtecn losno, Fosters to cursedly indicate this mtbmmtion [my lead to rejeetlna of documrnl recording- rhe ecordingThe notary seat impression must be clear and photographically reproducible hnPeasion [mat op p)vv hex( or line€. It seal impression prmdges, re-scal if a suiGc icm arcs permits, odreswise comphttc a difboraregu eehnons"Mieat form, • Signanum of she notary puhlic must match the sigmture on file with the once of the couItty clerk. i� Additional infrumatiun is not requited but could help to ensure this acknwviedgment is not misused or attached to a i ifferrns docameai. indtcole hale or type of attached documeo, umber of pager and dage. 0 indiewe the eapt[city claimed by the signer. IF the claimed capacity is a corporate officer, Indicate the tale 0,e. CEO, CF 0, secretary). • Securely attach this document to the signed avgonent CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 beforeme, Barbara A. Myers, Notary Public (Here insert name and title of theofficer) personally appeared Chizhik who proved to me on the basis of satisfactory evidence to be the person(is) whose name( is/,%m subscribed to the within instrument and acknowledged to me that he/Ail executed the same in his/her/Lbeir authorized capacity(. , and that by his/her/t4ehr signature(() on the instrument the person o, 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. aAft6 � A. a: WITNESS my hand and officio onuMuseal: Cbo N 1YIWtY Nobly Pubft • caft"" (Notary Seal) a" C" 1 Signature ofNotary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor_ and Materials Payment Bon (I itle or description of attached document) Bay _Ave. Wast Pavement Rehab. (title or description of attached document continued) Number of Pages 2 Document Date 7 / 24 / 13 Cont.—No. 4840 — Newport Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer President _ (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12-10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Calformo must contain verbiage exactly as appears above in the notary section or a separate aeknovledgmeni form must he properly completed and attached to that document. The only exception is t,'la document is to be recorded outside ofCalifornia. /n such instances. any alternative acknowledgment verbiage as may be printed on such a document .,a long as the verbiage does not require the notary to do something that is diegalfor a notary in California (ie. certifying the authorized capacity of the signet). Please check the document carefully for proper notarial wording and aaach dus, form if regaimd. • State and County information must be the State 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) peramully appeared which must also be the same date the acknowledgment is completed. • 'Che 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 a]- notarization. fnotarization. • Indicate the correct singular or plural forms by crossing off incorrect forms it he/she/ihey- is /are ) treading the correct forms. Failure to correctly indicale (his information may lead to rejection ofdocument recording. • 'the notary seal impression must be clear and photographically reproducible. Impression must not cover text or linestf seal impression smudges_ re -seal i1' a sufficient area permits, otherwise complete a different acknowledgment Rxm. • Signature of the notary public inust match the signature on isle with the oil) cc of the county clerk - •: Additional information is not required but could help to ensure Uric 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. CEO, CFO, Secretary). • Securely attach this document to the signed document �--, -- -y corded in Official Records, Orange County g f y$n, Clerk -Recorder RECORDING REQUESTED BY AICD_ _ ` I IIIII�IIIIIIII�II�IIIIIIIIIIIIIIIIIIIIIIII VIII IIIIIIIII III IIIIIIII NO FEE WHEN RECORDED RETURN TO i G' Ak"OM32 6 4 6 8 7 4 7$ 2628 12:42 pm 41127!14 Cit Clerk _:Ir, 422 N12 1 Y 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach , ;iFl 100 Civic Center Drive V'"r `^ Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GMC Engineering of Tustin, CA, as Contractor, entered into a Contract on July 23, 2013. Said Contract set forth certain improvements, as follows: Bay Avenue Pavement Rehabilitation (C-4840) Work on said Contract was completed, and was found to be acceptable on January 14, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY� Public Works Director City 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 >'� , at Newport Beach, California. 1• BY , Inv/ -- City Clerk i OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 15, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: f Bay Avenue Pavement Rehabilitation (Contract No. 4840) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, &" , qk— Leilani 1. Brown, MMC City Clerk Enclosures Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 www.newportbeachea.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GMC Engineering of Tustin, CA, as Contractor, entered into a Contract on July 23, 2013. Said Contract set forth certain improvements, as follows: Bay Avenue Pavement Rehabilitation (C-4840) Work on said Contract was completed, and was found to be acceptable on January 14, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY '-72��'JZO Public Works Director City 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 J�magJ�� %�, at Newport Beach, California. BY City Clerk �EwvoRr CITY OF °� mz NEWPORT BEACH CqF00.HP City Council Staff Report Agenda Item No. 6 January 14, 2014 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb@newportbeachca.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer 949-644-3316, ptauscher(cDnewportbeachca.00v APPROVED: 0. K /� TITLE: Bay Avenue Pavement Rehabilitation — Notice of Completion and Acceptance of Contract No. 4840 (CAP12-0003) ABSTRACT: On July 23, 2013, City Council awarded Contract No. 4840, Bay Avenue Pavement Rehabilitation, to GMC Engineering, Inc., for a total contract cost of $1,399,999.50 plus a 10 percent allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out the contract. 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 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 3. Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts Account Description Account Number Amount Gas Tax 7181-C2002044 $ 1,392,089.60 Water Enterprise 7521-C2002044 $ 15,000.00 Wastewater Enterprise 7541-C2002044 $ 10,000.00 $ 1,417,089.60 1 of 4 Bay Avenue Pavement Rehabilitation — Notice of Completion and Acceptance of Contract No. 4840 January 14, 2014 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $1,399,999.50 $1,417,089.60 10%orless 1.2% -10.9% 12.1% Allowed Contract Time (days) 118 Actual Time 20 Under(-) or Over (+) The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,399,999.50 Actual cost of bid items constructed: $1,247,755.10 Total change orders: $169,334.50 Final contract cost: $1,417,089.60 The work for this contract included removing and reconstructing concrete streets, sidewalk and curb access ramps, adjusting utilities to grade and new pavement striping. This project also included re -constructing storm drain catch basins, removing and replacing outlet pipes, installing new tide valves, and performing other incidental items of work. The work area is defined as Bay Avenue West from 8th Street to 15th Street. The final construction cost was approximately 1.2 percent above the original bid amount. The actual cost of bid items constructed was less than the original bid amount due to reduction of some quantities items. Three change orders were needed which included placing all fiber-optic conduit beneath the sidewalk using directional drilling, installing a new conduit for future fiber optics line to the lifeguard headquarters, and additional work required to re -construct existing storm drains. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule Project Awarded for Construction Contract Completion Date with Approved Extensions Actual Substantial Construction Completion Date January 3, 2014 July 23, 2013 January 18, 2014 December 20, 2013 2 of Bay Avenue Pavement Rehabilitation — Notice of Completion and Acceptance of Contract No. 4840 January 14, 2014 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (maintenance activities with negligible expansion) 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. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: Public Works Director Attachment: A. Project Location Map 3 of Attachment A I BAY AVENUE PAVEMENT REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4840 1 7/23/13 4 of CITY CLERK CITY'OF'NEWPORT BEACH NOTICE INVITING BIDS ��- Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 am on the 26th day of June, 2013, at which time such bids shall be opened and read for BAY AVENUE WEST PAVEMENT REHABILITATION Title of Project Contract No. 4840 $ 1,400,000.00 Engineer's Estimate by Citv--Enaineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. "A" For further information, call Peter Tauscher, P.E., Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 TABLE OF CONTENTS NOTICE INVITING BIDS .... ........................ ........................... Cover ................... INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES... ... _ ... ................. ......... 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 Illiw-la N-freffilT CONTRACT...................................................................................................................22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................35 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS ..........................___ ........... ___ ...... .... ..... ......... ___ .... ........ SP -1 2 City of Newport Beach GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 82780 BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS.- INSTRUCTIONS IDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication wt 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 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. 3 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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, 739091 A and B Contractor's License No. & Classification ;MC Engineering, Inc. Bidder 1?'1 P AuthoriV Sitl�ature/Titl _ Genna y izhik - President June 26 2013 Date 112 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 City of Newport Beach SAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 SIDDER'5 KIND We, the undersigned Principal and Surety, our successors and assigns, executors, hears and administrators, agree to be jointly and severally held and firmly hound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid Dollars (s 10% ), to be paid and forfeited to the City of N--wport $each if the Gid proposal of the undersigned Principal for the construction of BAY AVENUE WEST PAVEMENT REHABILITATION, Contract No, 4840 in the Gity 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 endarsements for the construction of the project within thirty (30) calendar days after the elate of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an induldual, it is agreed that the death of any such Principal shah* not exonerate the Surety from its obligations under this Bond. Witness our hands this 20th GMC Enggineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone day of June _ , 2013. J Authorized Si nat liitle' Gennady Chizhik — President. T A thoriz d Agent ;signature Jeffrey_ R. Gryde, Attorney -in -Fact Frint Name and T'rfie (Notary acknowledgment of Principal & SUretV must be attached) 5 GMC AINMINGRt GENERAL ENGINEERING CONTRACTOR file. No. 739091 A, B RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GMC Engineering 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 40' of January, 2013, a quorum being present, consisting of the President and Secretary of the Corporation, Gennady Chizhik, the following Resolution was adopted: 13E IT RESOLVED by the Board of Directors of this Corporation that its President, Gennady Chizhik, is 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 of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. 1, Gennady Chizhik, hereby certify and declare that I am the regularly and duly acting President and Secretary of GMC Engineering, 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 4th day of January, 2013; 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 Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 0 (714) 247-1040 • Fax (714) 247-1041 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 26, 2013 before me, Barbara A. Myers, Notary Public , (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(g) whose namepa is/gile subscribed to the within instrument and acknowledged to me that he/$lietbey executed the same in his/Jwf/th it authorized capacity(ieg), and that by his/beet>eir signature(s) on the instrument the perso*), or the entity upon behalf of which the person(,sl 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. BARBARA A. MYERS WITNESS my hand and offici eal. Commission # 1960419 Notary Public - California Z Orange County D =0 m. Ex fres Jun 1, 2016 (Notary Sea]) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder's Bond — Bay Avenue West (Title or description of attached document) Pavement Rehabilitation (Title or description of attached document continued) Number of Pages Document Date Contract No. 4840 — Newport Bea (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ISI Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any ahernalive acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which �hmust 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 off incorrect firms (i.e. tae/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if' a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. te Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kam An Men By These Treaeats, That WESTERN SURETY COMPANY, a South Mota corporation, is a duly organized and existing w PM8600 haves its principal office in the City of Sioux Falls, and Stam of South Dalmts, 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 lawial Attomey(s)-in-Fact with full power and authority hereby conferred to sign, scat and execute for and on its behalf bonds, tadertakiutgs tad other obligabryustruments of similar nature - In Unlimited Amounts - aid to bind it thereby as fully and to the s erne extant as if such hisman ents were signed by a lily authorized officer of the corperetisn and ell the sets of said Ateomey, purntmt to the authority hereby given, arc hereby ratified and wd'irmed. This Power of Attomoy is made and executed pursuant w and by authority of the By -Law printed on the reverse hereat; duly adopted, w indicated, by the shareholders ofthe corporation. In Wif.em W hemk WESTERN SURETY COMPANY has caused these presents to be sigmed by is Vice President and its corpnxae seal to be hereto affixed on fins Igth day of Coaches. 2012. WESTERN SURETY COMPANY au17.8rutlaf, via President State of South Dakota t County of Minutehaha f On this Igth day of Wo her, 2012, befor me personally came Pad T, Riflat to me known, who, being by me duly swum, did depose and say: that he resides in the City of Sioux Fags, Stam of South Dakmt; that he is the vice President of WESTERN SURETY COMPANY dcscnbed in aid which executed die above instrument [hoer he (mows the said of said corporation; Dat the sea] affixed to the said instrument is such corporate seal; that it was so affixed pumuan to authority given by the Board of Directors of mid wrpiration and that he signed his came thereto purauant to like amtbOrity, and aclnwwledges sane to be to net and deed of said corporation, Mycummlssionexpiresa ••^"^""'v"""^'^"'"^^ J. " Jew 23,201 S rtsetta aeaa wawa IV J. Mohr, Nobly Public C"TIFICATE [, L. Nelmn, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove set f"th is still in force, and further artityma don By -Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hercunm subscribed my nameard axed the sed ofMcaid corpornc,this 20th day of June 2013 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Fmm F42W-2012 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 20, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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.amy coMM ZE974059Notary Public - California ZOrange County Comm. Expires Apr. 29, 2016 Signature (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descript ii)n (+f ottsuhGd decumeat t fl-itle or description ofattacked doctunent cartti6u.4) Number of Pages Da urnent Date (Additional information) CAPACITY CLAINIE.D BY THE SIGNER L Individual (s) ❑ Corporate Officer iritic) U Partnef(s) X Artorrfejr-in-Fact ❑ Trustee(s) ❑ Other rNSTRUCTIONS FOR COMPLETING THIS FORM Anv uckhmWedgmteirt completed in Califorrile mast comiaim verbiage eratily as oppeors aboue in fhe +rotary section or a .rt prarnte eje*nun•ledgment farm) must IV pruper4v completed and attached to that doeupreef. Thi mtir excepfiow is rJ' o docuuremt is to be retorvied ojaside of Cattlonria. lm such irtbla IVC& arrT AifernptirP acknotrled g mens verhioge as mu{v be printed on such a docurnew .so long as dte IVehloge lows not require rite oweafy to do sautes/ring Oaf is ilie7 affi - a nufart in Cailorttra (i.e. certifwvng the authari2ed capacity of fhe signer)- Please check the document carefnfly for proper, molarial wa-ding arid ouirch Phis lurm if regtuired. • Stute and County information must be Ilse Slate and County where the document sigrter(s) personalty appeared before the notary public for acknowledgment. • Date of rnatariration must be lite date that the signer(') personally appeared which must alsn he the .same date the ac-Umvledgment is completed. • The notary puhtic must print hie ur ber name as it appeats within his or her crsmmission folktwed by a onmma and then your title (notary public) • Print the name(') of dooumCtn signals) who pmaoatatly appCar nt the time of notarization • Indicate the Correct singulor or plural forms by croysint uff incorrect forms ir.e. hmrshddway,- is lore i or circhng die corioct forms, railure to correctly indi"le this information may lead to rejection of &m;utnenl rmording- • 'fhc notary seal impression must l>c clear and photographically reproducible Impression trout aCt cover text tit lines, if seal impression s-tnuclges, re -seal Ito sufficient arca petmils, 0111tiWiSe complete a different acknnwlttdgmetll font. • Signature of the notary public must match the signature C.M file with the (,trice ol" the ct>un(y clerk, as Additiurial information is not regatied but cuukl help to ensure this acktnowledgment is not misused or attached to a dtfferent documcnt. Indicate title cw type ol'altaelled document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a cMp()rale off►cer, indicate the tit le0 e. CEO. CFO, Secrdaty). • Sec.urdy attach this document to the signed dtxtiment City of Newport Beach GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 48401 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perforin 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 °%et Number Total Bid Name, ! STARLIGHT SURVEYING, INC 17955 Sky Park Circle, Suite F It Irvine, CA 92614-6372 1949-757-0613 State License Number: Name: A BLACK ROCK CONSTRUCTION p r 282 N. St. Crispen Brea, CA 92821 �6 714-412-3106 P He. # 943308 PCC. Concrete T --to State License Number: _ NSTlo STA R LANDSCAPE & MA1NT. 1340 Beechwood Fullerton, CA 92835 t It 714-529-2548 Lic. # 329274 C27 Landscape / Irrig. State License Number: GMC Engineering, Inc. f Bidder Authoriza�d S'c to e/ itle Genna y �.z i - President 8 City of Newport Beach GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 BAY AVENUE WEST PAVEMENT REHABILITATION DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %Of Number Total Bid Name: A SUPER OR PAVEMENT MARKINGS 5312 Cypress Street Cypress, CA 90630 (/1_ P 714-562-9100 Lie. At 776306 STRIPING "9 State License rvumoer Nam- PO„,* 't9' Ad( WATTERS S'I ORM DRAIN STW ('I OWI, 1 16189 {quarter Horse Road Riverside,CA 92504 2 3 951-780-0271 l I Ph' Lic. # 880936 A STRC("ITIRE» State License Number: Name_ Ad MACADEE. ELECTRICAL 2755 Lanier Road � 1 Chino Hills, CA 91710 909-027-1336 ✓�� Ph Lie. # 583125 ELECTRICAL State License Number: GMC Engineering, Inc. Bidder 0 , Authoriza�d Si`c nVzLp le Genna y z i — President GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 City of Newport Beach BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name GMC Engineering, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Jamboree Road Project Description is From Bristol Street to Fairchild Road Approximate Construction Dates: From —10/ 5/12 To: 2/1/13 Agency Name City of Newport Beach Contact Person Andy Tran P.E. Telephone (94T-544-331 5 Original Contract Amount $-L, , 489,Final Contract Amount $ 1 , 449, 037.1 5 907.50 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work added, but significantly reduced total cost to owner through Value Engineering. 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 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 No. 2 Project Name/Number Measure R: N47 at Sepulveda Blvd. I-111 Project Description Project No. B 2012-48 Approximate Construction Dates: From 3/18/13 To: 4/26/13 Agency Name City of Torrance Contact Person Craig Bilezerian P.E. Telephone (319-618-3054 Original Contract Amount $ 18 6 , Final Contract Amount $ 18 6 , 91 5.20 319.00 If final amount is different from original, please explain (change orders, extra work, etc.) Minor final quantity adjustments Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Rancho Parkway Street Improvements Project Description from Hermana Circle to Portola Parkway Approximate Construction Dates: From 3/27/12 To: 12/26/12 Agency Name City of Lake Forest Contact Person Angel Fuertes P.E. Telephone P44f-461-3490 Original Contract Amount $2, 905, Final Contract Amount $ 3,332,158.12 962.20 If final amount is different from original, please explain (change orders, extra work, etc.) Increased Scope of 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. 10 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 No. 4 Project Name/Number Anaheim Canyon Metrolink Project Description Pedestrian Improvements (Phase 1) Approximate Construction Dates; From 9/26/11 To: 8/27/12 Agency Name city of Anaheim Contact Person Robert Luciano Telephone Ull J-765-5286 Original Contract Amount $,2l 51 4, Final Contract Amount $2,900,000 00 473.15 If final amount is different from original, please explain (change orders, extra work, etc.) Extended Limits of Improvements. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Convention Way (Transit Plaza) Street Project Description Improvements from West St. to 1,050' E. of West St. Approximate Construction Dates: From 7 /18 / 11 To: 1/23/12 Agency Name City of Anaheim Contact Person Robert Luciano Telephone (71 f-765-5286 Original Contract Amount $ 1_L9 8 8,_,Final Contract Amount $,_? , 790, 000.00 853.50 If final amount is different from original, please explain (change orders, extra work, etc.) original Contract included allowance for additional that were not done. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 82780 No. 6 Project Name/Number Main Street widening Project Description and Water Improvements. Approximate Construction Dates: From 2/28/11 To: 10/8/11 Agency Name City of Contact Person Alan Truong Telephone (711-744-5567 Original ContractAmount$ 2,905,FinalContractAmount$ 3,071 000 00 938.65 If final arnount is different from original, please explain (change orders, extra work, etc.) Miscellaneous Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary, Attach to this 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. GMC Engineering, Inc. �/- Bidder Authorized Signature/Title Gennady Chizhik - President 12 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 26, 201 3 before me, Barbara A Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(,8) whose narne(e) is/are subscribed to the within instrument and acknowledged to me that he/,-�he/tbey executed the same in histlbaphDwir authorized capacity] ), and that by his/her/tbc4r signature(,e) on the instrument the person(.0, or the entity upon behalf of which the person(eyacted, 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. COMM""CM7 01N9419 WITNESS my hand and officia seal. f0tery Pdk •Celts 14 1%9 Omw Co" D (Notary Seal Signature of otary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Res. Auth. Exec. of any Contrac (Title or description of attached document) Bay Ave. West Pavement Rehab. (Title or description of attached document continued) Number of Pages 1 Document Date N/A Contract # 4840 — Newport Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of 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 off incorrect forms (i.e. be/sheftey;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if' a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the oflice 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 it corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document GMC acUI6ER01GDe GENERAL ENGINEERING CONTRACTOR L.io. No. 739091 A, 8 Re: BAY AVENUE WEST REHABILITATION CITY OF NEWPORT BEACII CONSTRUCTION MANAGEMENT TEAM MAY BE ASSIGNED FOR THE ABOVE REFERENCED PROJECT C;ennadv Chizhik — President Involved in Construction since 1979 Served as: Foreman, Superintendent Currently serving as: Project Manager, Estimator, Field Engineer Oversees all aspects of GMC Engineering, Inc. 1 Michael LaVoie — Estimator, Project Manager 1 Engineer Involved in Construction since 1990 Served as: Laborer, Field Engineer, Estimator, Project Manager. Currently serving as: Estimator, Project Manager, Field Engineer ,lames Williams — Superintendent Involver! in Construction since 1998 Served as: Laborer, Operator Performed work in Grading, Concrete, AC, Underground Utilities, etc. Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising Ernie Beas — Superintendent Involved in Construction since 1978 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising. Art Sanchez — Superintendent Involved in Construction since 1985 Served as: Laborer, Operator Foreman Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising. 1401 Warner Avenue, Suite B, Tustin, California 92780 o (714) 247-1040 • Fax (714) 247-1041 GMC Engineering Inc. 1401 Warner Avenue, Suite B City of Newport Beach Tustin, CA 82780 BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 NON -COLLUSION AFFIDAVIT State of California ) � ss. County of orange ) Gennady Ch i zhik being first duly sworn, deposes and says that he or she is President _ of GMC Engineering, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. GMC Engineering, Inc. Bidder Authorized Signaturefritle � Gennady Chizhik - President Subscribed and sworn to (or affirmed) before me on this day of -'3 20 SEE ATTACHED by proved to on the basis of satisfactory evidence to be the person(s) who appeared before m I certify under PENALTY OF PERJURY under aws of the State of California that the foregoing paragraph is true and correct. Notary Public My Commission Expires: 13 Jurat State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 26th day of ,lune , 20 13 by Gennady Chizhik , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 0�1 Signature (Notary sea]) rAdcasW44A. WN COMMON,I 1106" LON OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurats completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using ajurat stamp containing the correct wording or attaching a DESCRIPTION OF THE ATTACHED DOCUMENT separate jurat form such as this one which does contain proper wording. hu addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The Non-Collusion Affidavit document must be signed AFTER the oath or affirmation. If the document was Title or description ofattached document) previously signed, it must be re-signed in front of the notarypublic during the jurat process. Bay Ave. West Pavement Rehab. (Title or description of attached document continued) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. Number of Pages 1 Document Date N/a • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date thejurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of Contract ## 4840 Newport Beach notarization. (Additional information) • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA 0.9.07 800-873-9865 www.NotaryC]asses.com GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 City of Newport Beach BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 DESIGNATION OF SURETIES Bidder's name GMC Enaineerincr. 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): AGENT: Western Surety Company JRG Surety & Insurance Agency ee Road. Ste. 801. 24382 Hilton San Diego, CA 92108 Laguna Niguel, CA 92677 619-682-3512 CONTACT: Jeffrey R. Gryde 14 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 City of Newport Beach BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name crtC Engineering, 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 2012 2011 2010 2009 2008 Total 2013 No. of contracts 3 2 3 2 5 6 21 Total dollar Amount of Contracts (in 2,200,000 5,500,000 7,409,265 7,250,823 7,793,284 7,787,573 37,940,945 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No, of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of em 1gyment 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 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Legal Business Name of Bidder GMc Engineering, Inc. Business Address: 1401 warner Ave., Ste. B, Tustin,CA Business Tel. No.: 714-247-1040 State Contractor's License No. and Classification: 739091 Title President / _Secretary 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 Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Chizhik - June 26, 2013 President N/A Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI ILS CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Oran On June 2 6, 2 013 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person whose name(' is/pe subscribed to the within instrument and acknowledged to me that he/fie-/Ihcy executed the same in his/her/fir authorized capacity(y�), and that by his/4ar4thzir'signature(a) on the instrument the person(s), 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 and and official Y_%� - (Notary Sea]) Signature of Notary Public EAABARS A boo mmission tlr 1980419 tary public • California orallp County >mM. III Jun 1 2216 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Contractors Ind. Safety Record ('Title or description of attached document) Bay Ave. West Pavement Rehab. ('Title or description of attached document continued) Number of Pages 2 DOCUlnent Date6 / 2 6 / 13 Contract # 4840 — Newport Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Vcrsion CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM .Any, acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment fibrin must be properly, completed and attached to that document. The only exception is f a document is to be recorded outside of California. In such instances, city alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signet). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of 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 off incorrect forms (i.e. tae/she/Ehey- is /are ) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 City of Newport Beach BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 ACKNOWLEDGEMENT OF ADDENDA Bidder's name GMC Engineering, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature N/A 17 GMC Engineering Inc. 1401 Warner Avenue, Suite B City of Newport Beach Tustin, CA 92780 BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 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 o Cor oratio GMC Engineering, Inc. Business Address: 1401 Warner Avenue, Suite B, Tustin, CA 92780 Telephone and Fax Number: 714-247-1040 / 714-247-1041 California State Contractor's License No. and Class: 739091 A and B (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/11/97 Expiration Date: 8/31/13 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Gennady 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 Gennady Chizhik - Pres. 1401 Warner Ave. Ste. B 714-247-1040 Tustin CA 92780 Corporation organized under the laws of the State of California IE GMC Engineering Inc. 1401 Warner Avenue, Suite 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: A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: GMC Engineering, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; "L.1 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 /U 19 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Are any claims or actions unresolved or outstanding? Yes AQ If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. GMC Engineering, Inc. Bidder Gennady Chizhik - President (Print name of Owner or President of Corporation/ C mpany) i Authorized Signatureffitle President Title June 26, 2013 Date On before me, Notary Public, pers y appeared who proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscrib o the within instrument and acknowledged to me that he/shelthey executed the same in erlthen authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the paragraph is true and correct. WITNESS my hand and official seal. Notary Public in Expires: 20 State of California that the foregoing SEE ATTACHED (SEAL) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On June 26, 201 3 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik , who proved to me on the basis of satisfactory evidence to be the personW whose namefs) is/,att subscribed to the within instrument and acknowledged to me that he/slae/tjey executed the same in his/ber/thc r authorized capacity(;es), and that by his/l;ecr/tkir signature(o) on the instrument the person(s), or the entity upon behalf of which the person(acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officia al. 1;�BBAARRSNA-VA- A.MYE gg'n" dasinn n►19aagt9 V me Notary f►ublk . CaNfornla C orange County (Notary Sea]) COIITn1• E kes Jun t Signature of Notary Public , zots ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Info. Required from Bidder ('title or description of attached document) Bay Ave. West Pavement Rehab. ('title or description of attached document continued) Number of Pages 3 Document Date 6/ 2 6/ 13 Contract # 4840 — Newport Beac (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer President ('title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryC]asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknoivledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this,lbrm if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of 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 off incorrect forms (i.e. tie/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal il' a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and dale. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 City of Newport Beach BAY AVENUE WEST PAVEMENT REHABILITATION Contract No. 4840 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS 0 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 BAY AVENUE WEST PAVEMENT REHABILITATION CONTRACT NO. 4840 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of July, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMC ENGINEERING, INC,, a California corporation ("Contractor"), whose address is 1401 Warner Avenue, Suite B, Tustin, CA 92780, 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 has advertised for bids for the following described public work: Bay Avenue West Pavement Rehabilitation. The work necessary for the completion of this contract consists of removing existing concrete streets, sidewalk, curb access ramps and constructing new concrete streets, adjusting utilities to grade, sidewalk, curb access ramps, street end improvements which includes furnishing and installing TideFlex tide valves and CheckMate check valves, removing existing corrugated cutlet pipes, installing new outlet pipes, connecting to existing storm drain systems, pavement striping, constructing catch basins, placing beach sand, and constructing concrete wall sections with skate stoppers, and performing other appurtenant and incidental items of work as required to complete the work in place (the "Project" or "Work"), C. 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, it is mutually agreed by and between the undersigned parties as follows: 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 Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4840, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. 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. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Three Hundred Ninety Nine Thousand Nine Hundred Ninety Nine Dollars and 501100 ($1,399,999.50). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4, 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). GMC Engineering, Inc. Page 2 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, 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. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Peter Tauscher, P.E. City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Gennady Chizhik, President GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 6. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. ►J11IIIIIIIIIIIIIN*11*67.U7«3e7:Al2pill MA 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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, GMC Engineering, Inc. Page 3 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the `Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7.5 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. 7.6 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. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. GMC Engineering, Inc. Page 4 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. 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. 14. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] GNiC Engineering, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEI 'S OFFICE Date: 315 / 3 as-" By: i — r Aaron C. Harp City Attorney ATTEST: Date: -7.30•/3 By: P. k7� Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California un .cp I c� orporation Date: By.- Keith y:Keith D. Curry Mayor CONTRACTOR: GMC Engineering, Inc., a California corporation Date: July 23, 2013 By: �Z4 �" --- Gennady Chizhik President Date: July 23, 2013 By:_ Gennady Chizhik Secretary [END OF SIGNATURES] Exhibit A – Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond GMC Engineering, Inc. Page 6 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 23, 2013 before me, Barbara A. Myers, Notary Public personally appeared Chizhik (Here insert name and title who proved to me on the basis of satisfactory evidence to be the person(e whose name(e) is/axe subscribed to the within instrument and acknowledged to me that heLskelt4ey executed the same in his/iter/(heir authorized capacity(ies), and that by his/.b t4eir signature(g) on the instrument the persona, or the entity upon behalf of vi, hich 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. WUNESS my hand and official sea[. J, Signalurc of Notary4"z4= -� A. WEBS canw I" ♦ 19M19 Nowt' Pubft - CMMa 01111111" comm (Nafary Seal) Comm. 1 2916 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT or description of Rehabilitation of attached docmnent continued) Number of Pages 6 Document Date 7/23/13 'ity of Newport Beach (Additional infnmratit'rn) CAPACITY CLAIMED BY THE SIGNER J Individual (s) a$ Corporate Officer President/Secretary fitic) ❑ Partneus) 0 Attorney -in -Fact CI Trustee(s) ❑ Other 2008 Vcrs,on ('APA v 12.10.07 800-873-996,5 www.NotaryClasscs nom INSTRUCTIONS FOR COMPLETING THIS FORM Any ackntin krigment completed in California must contain verbiage exactly Cts appears above in the notary section qr a separate cab iilrtedgmeol form meat be property completed and attached to that document. The only excepnon is f it document is to be recorded oueNde of California. In inch instances, any also nanve acknmviedgment rerbtage as mqy be printed on such a drn:rmmni so Ong as the verbrage does not require the lsa an) to no somefhrng that is t1fegat jar a notal)) in Catifanda f(.e.. cerupang the authorised capacity of the signer), locate chccA far document <.-an fully for proper notorial wording and uuarlr this form ifrequfred. • Stale and County information must be the State and County where the documMl signer(s) personally appeared before the notary public liar acknowledgment. • Date of notarization must be the dale 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 commission followed by a comma and then your title (notary public}. • Print the nioneto of document signer(s) who personally appear at the nme of notarization. • Indicate the correct singular or plural forms by crossing oil incorrect forms ire. he/she/okay- is /are) or eirclinp tho eorrect forms. Failure to correctly indicate this information may lead to rejection of document recording. • 'fire notary seal impression trust be clear and phritaraphieally reproduclhle. Impression must not cover text or fines , if seal impression smudges, re -seal if It sufficient area permits, mherwfsc complete a different acknowledgment foam. • Signature ofthe notary public must match the signature on file with the ofhce of the county clerk. Additional information is not required but could help to ensure tMs acknowledgment is not misused or attached to a i iIrcrent document. Indicate title or type of attached document, number of pages and dale Indicate the capacity claimed by the signer tf the claimed caroms 1, a corporate officer, indican: the title (i e CEO, CEO, Secretary), • Securely attach this document In the signed document EXHIBIT A INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide. and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 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. 3. Coverage Requirements, A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000;000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an GMC Engineering, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 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 City with a copy of the policy. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed GMC Engineering, Inc. Page A-2 officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of 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. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. GMC Engineering, Inc. Page A-3 E. Requirements not. Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from GMC Engineering, Inc. Page A-4 Contractor's insurance agent to th insurance and/or additional insur specifications applicable to the provided to City with five (5) c coverages. is effect is acceptable A certificate of ed endorsement as required in these renewing or new coverage must be alendar days of the expiration of the K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. GMC Engineering, Inc. Page A-5 Premium: Included in the Performance Bond EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 58708002 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Bay Avenue West Pavement Rehabilitation 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, 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 and firmly bound unto the City of Newport Beach, in the sum of One Million Three Hundred Ninety Nine Thousand Nine Hundred Ninety Nine"100 ($1,399,999.50) lawful money of the United States of America, said sum being equal to 100% of the.estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. GMC Engineering, Inc. Page B-1 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 24th day of _ Ju1y , 20 13 . GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone Authorized Signatur JTitle Gennady Chizhik - President Auffbified Aoerft Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GMC Engineering, Inc. Page B-2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Mea by That Presents, Thai WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in tie City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signati re and seat herein affixed hereby make, rwnslitufa and appoint Jeffrey R Gryde, Individually of LagunaNigwd, CA, its true and lawful Attomey(5)44add with full power and authority hereby conferred to sign, scat and execute fa and on its behalf bandh, undertakings and otber obligaaxy foSmdmtnta of similar mare - In Unlimited Amounts - and W bind it thareby as fully and to die sure extent as if such instruments were signed by a lily authorized offrer of the mrporalion and all the acts of said Attoracy, pursuing to the authority hereby given, are hereby ratified and :oinfirmed. This Power ofAtmmey is made ud rum" pursaam ro and by authority of the By -Law printed on the reverse hereof,duty adopted, as indicated, by the therchold&ns of she corporator. In Wilaras W hereod WESTERN SURETY COMPANY has caused these presents to be signed by its Vice Presideat and its corporate sad to be hated affixed on his 18th day of October, 2012. WESTERN SURETY COMPANY 0hu 1 T. SnaflN, Vice Prcaidtnt Stat: of South Defeat County ofMinn:halm On this iBe day crOcinber, 20I2, before >M personally came Pact T. Bruflat, to me Imowa, who, beim by out duty sworn, did depose and say: that he resides in the City of Sioux Falls, Stec of South Dakota; That tie is the Vice President of WESTERN SURETY COMPANY desoibed in and which exteotad die above inarturtcot that he knows the sed of said cospwation; that the sial affixed to the said instrument is such corporate scat; that it was so affixed invasion to audwity given by due Board of Distaurs of said oorpotation and that he signed his came thorcto pursuant to like andwrity, and aeknewladges same to be to act and deed of said corporation Myommninsionespires HR luno 23.201F �� osawra 1PAL •nwwnwwwwvw,rrrw+wr.t _ J. hiohr, Noto y Puhti: CERTIFICATE C L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby comfy, that the Power of Attorney haaeinabuve set ioAA is still in force, and fhnha certify that the By -Law of tree corponthon paurad on the rererse htnof is still in forces. In testuoeny whereof i have htrctnsta wbsaibtd fey ranit and affixed The seal of1he aid corporation this 24th day of J UIY 2013 WESTERN SURETY COMPANY O —+ L. NNitson, Assistant Secretary Form F4280 -?.204 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. If uEIS -.� WITNESS my hand and official seal. Signature P. 2 COMM. #1974059 X Nola ry Public -California Orange County litty Comm. E- fres r. 29 2016 (Notary 5eao ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF 'THE ATTACHED DOCUMENT {Title or description t+Eaam:iad dacurn<tn} tl We or description ofattacked docmnent continued) Number of Pages _ Document Date lAdditimal mftumation) CAPACITY CLAIMED BY THE SIGNER L Individual (s) L• Corporate Officer iTiael L Partner(s) 29 Attomay-in-Fact ❑ TNBrce(s) ❑ Otllcr INSTRUCTIONS FOR COMPLETIP G THIS FORM Anv acknvadtcrip mr completed in Californra must wrlhow terbiage exactly as appears aborti in the nature seedou or a separate awknowtrdgment fra'm mast be properbv completed and attacked sur that docametet. ike unit, exception n V' o document it to be recorded atattde of C'ahfarrda- to such iasttrees, carts auximatine uct:nawttdgmtnt verbiage as may be ,printed on such 4 doctoreor so tang as the terhtali tows not "tum tar notary to do sametk ing that a iblegai jar a mom" to Cat farmu fix oerdfjing rlre audtori:ed caporlte of the sijquerl. Pfeare check the dommeat carefW1y far proper nouarial wording arab attack this forma tf reqs "vet. • Stale and Coutly infanmrian must be the Slott and County whcm the tkseumat rigour{$) personally appeared before the notary public irr acknowledynent. • Dart of attatrtelion musr he the tate that the sigirta l personally appeared which must also he the same dater the acknowtedgmrnt is completed. • The nrnary public must print his or her name as b. appears within his or her .nnnission followej bye Cornua andtion your tidettricavy public), • Print the Annals) of document sipnats) who personally appear at the tittle of no[miaotion • Indicate the Correct Singular or plural famous by coiesing Vhf irwrreal. forma 0'e hm'ahtlshs,Yr is Jere d or circler, to cmcNvL keno, Fnriuro to correctly indicate this information tray head to rejection of docuetont rrcordrit- the notal seat itoprezeicm must be clear and photographically reproducible hntmcs ik+n Buss ata tvvp teat or area. It scat Tropical :snudgea, re--5at if a surficicnt rano permits, oths+wise complete a diffusor acknpwledgmen form. • Signature of Inc noel public must Itioch the signors tar file with the office of the coaory clerk. -p Addiliunel infarma[icn is art requavil bub Could help Io moat this ackn owhrdgment a trot tnishnad os atlachM to a drife¢nt docuu mt. o'• Intonate title or typeofanachad d�t, auurberafpages and date. o dtdinate the capacity shoal by the signor. Ir the claimed capacity is a ccnpnratt oifteer, indtenr the tale{i-r. CEO, t�E't7, Sxtetary]. • Securely uth ick this docuncat 40 Or signed dueueenh CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 before me, Barbara A Myers Notary Public (I [ere inscrt name and title of the oii'icer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(.ts) whose nari ls) islpec subscribed to the within instrument and acknowledged to me that he/,%K/v4Cy executed the same in his/per/their authorized capacity(ilo5), and that by his/bet/ther signature(e) on the instrument the person(.aJ, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS any hand and official seal. Signature of l Public ,�, � • •IVYiIM sr ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Materials Payment Bi (Title or desenption of attacheddocumart) -- Bay Ave. Wast Pavement Rehab. (Rifle or description of atrached document aor ued) NumberofPages_ 2 Document Date 7/24/13 Cont._ No. 4840 — Newport Beach (Additional information) CAIIACITY CLAIMED BY THE SIGNER 1 lndividuat (s) X Corporate Officer _President (title) A Partner(s) U Attorney -in -Fact I Trustee(s) 1 Other >009 Version CAPA 02. 10.07800-873-9865 w,vi NiriaryCtlassesco, tNSTRU'CftONS FOR COMPLETING TI 1S FORM Any acknorrieriameni siorpica'd fn Catrforne, toast contain renhusge e�Noefiv as appears above tit the nimary section ar a separate acknrnrledgmenf Reim nury lie property comphaed and attached to that document. The only ea'cephon Is if a document is to be vtorded onakh, oscahiir'ar In such rnsrams"r. on, at4v'rratn, acknowledgment verbiage as pray be printed on such a doormen it, long as fire verbiage does not require the notary to do .something rhat " illegalfor o notary in California 0.e. certifying are authorized capacity of the signer). Fleece check the document carefully./tit proper notarial nmrding and attach thisform Ifrequired. • Stale and County httilrmation must he the State and County where rhe document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signeds) personally appeared which must also be the same dale the acknowledgment is completed. • 'rhe notary public must print his or her name as it appears within his or her commission followed by a comma and then your lith. (notary public). • Pont the natne(s) of document signals) who personally appear at the time of natar17ation. • Indicate the correct sitgular or plural {owns by crossing otf incoi; act ' ones (i_i_ hershelthe: isinr8)orcnclingthecorrect('onns Failure -u'. correctly indiceteihis mcnamation may had to rejection or document rccurdine_ •lire notary .ural impression must be clear and photographically oploduciblc. Impression must not cover text or lines. If seal impression smudges, iu-soul it Still area permits, otherwise complete a different acknowledgment form_ • Signature of the notary public nmsl match the signatwm on file with the offcc of the county clerk Additional inhumation is not required but could help to ensure this acknowlotgment is not inisused or attached to a different document. Indicate title (rt typo ofattached document, number of ping" and date. Indicate the capacity claimed by the signer. If tire claimed capacity is it corporate officer, indicate the title (i e. CEO, Cl Secretary), • Securcl,% attach brig document to the signed document w EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 58708002 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 11,448.00 , being at the rate of $ 1, thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Bay Avenue West Pavement Rehabilitation 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 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 Three Hundred Ninety Nine Thousand Nine Hundred Ninety Nine So/tw ($1,399,999.56) 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. GMC Engineering, Inc, Page C-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 241h day of July ,2013 . GMC Engineering, Inc. Name of Contractor (Principal) Authorized Signature/TitIeV Gennady Chizhik - President Western Surety Company Name of Surety h rized 4gernt Signature 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone Jeffrey R. Gryde, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED GMC Engineering, Inc. Page C-2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men Sy Thor Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty organized and existing corporation having its principal office m the City of Sioux Falls, and Stain of South Dakoa, and that it does by virtue of she signature end seal herein affixed hereby make, ocnsdnae and appoint Jeffrey R Gryde, Individually of Laguna Miguel, CA, its true and lawful AttornMs)4n-Fact with full power and aWxrrity hereby eonfesral on sign, seal and exxsde for and on its behalf bonds, undertaism6s an6 otherobligauryinshu cnn of similaenatare - In Unlimited Amounts - said tobind h thereby w fully and to the same extent as if such instruments win signed by a ddy authorized offxar of the corporation and all the acts of sold Attorney, pursttant to the authority hereby gisen, are hereby ratifiedand oonfimsed. This Power afAthueey I$ made mrd executed pasoad ea and by authority of the By -Law pdhted an the reverse bereoE duty adopted, as indicamd, by the shareholders of the mrpacs:on. In Witoesa Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vicc President and its corporate sed to be hereto affixed on his I ft day ofOcMber, 2012. WESTERN SURETY COMPANY .tnmrtC �� 7' wl T. Brugat, Vice President Studio of South Dakata County OfMinnehsha ffi On this Ikth day of Ddober, 2012, before me personalty tame Paul T. Bmffat, to one known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State nfSouth Dakota; that he is the Yrce PKsidetn of WESTERN SURETY COMPANY described in sad which executed dw above intreur¢nt that he knows the sed of said cosporatim; Hort the Road affrxed to the said instrument is such corpasatt seek, rhes it was so affixed pursuant to audacity givco by tlw Board of Dircctom of said corporation and that he signed his name thereto pursuant to litre audrority, and acknowledges acme to be he us and deed of sad corporation. Myonmmirdooexpires M^ww^"v^'^""'"�"^^�ew^ � ftR Inns 23.2013 L{{f nW_W oaxma scat ,,, I. Mohr, Novy public CERTIFICATE L L. Nclocor Assistant Secretary of W$STERN SURETY COMPANY do hereby minify that do, Power of Attorney hezemahovs sa fish is still in form, and further certify than the By -taw of the corporation printed on she reverse herwf is still in form, In testimony whereof I have hereunto subscribed my nary and affhxad the wA ofMc aid eorporaion thds 24th day of July 2013 WESTERN SURETY COMPANY r a L. Nelson, AssislanuSecratwy Form F4280-9.201' CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 before me, P Zeiss Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. P. ZEIS � COMM. #1974059 z x�a:n _ Notary Public • California a" z :4+ Orange County "? M Comm, Ez rces r. 29, 2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOC;ME.Nl (Title at descr itionofattachod dtaunemi 1-T de or description of attached doemnant continu d) Number of Pages __ Document Date (Additional mitt malmn) CAPACITY CLAIMED BY THE SIGNER L, Individual (s) ❑ Corporate Officer JAW LI Partner(s) �1 Attorney -in -Fact ❑ Ttustec(s) ❑ tither fNSTRUCTIONS FOR COMPLETIN(j THis FARM Any at'%n[nVledgmEn( eemsplered in Califorma mwt i?anrsin verbiage exiiandw as atwors atoce in dee notary section err a separate acknouledgmmt fcsm .mats? be propettp eomrpteted and attacked to that doentaent. The omit exrepriom a if' a dornmext it to be reroniied outside oCCattjorm'a, In seek instwiff, ons otterm ettre acknowledgment verb nge as mets, be printed on sruk a doneaeffr so tong as the ifetnage does not rffqui a Ow notary to do something Ow is iflegnf for a meaty In Gdiforma ri'..e certifWhg the audtonsed cattar'i(a of the .signer%. Please chwi the rfacumort careiidly for proper xonarrsd wording tend aerach tkis,form ifrequazd. • Sure and County mforrnalmis mtart be the Slate and Comey where the document signers s) personally appeased Wore the meaty public frac acknowleetyment • Date of sestriration must he the date thin the sumcoi) personally appeared which most also he the wee date the nCknowtedgrtteni is complete& • The notary public must print his or her name as it appears within his or bar comm iga un Fol low..d by a comma and then your title (notary public). • Print the names) or documam aipmerfs) who peascnony appear at the time of nfnartaantin • Indicate the correct. singular of plural krats by entysiag off inwucci forma (tea hwah aleir, is lee s or co-chrig the eorm:t (runss. Failure in Cotretly intimae this mfornensur may lead no txj oction of document recording, • 'ihc musev seal impression must be tient and Photographically reproducible impression insist nca cover tela tit lines. 1( seal imjaracicin sntidgts, re -seal if a suffieicnt arca permits, otherwise complete a diifucm ackppwledgmen form • Signature of the notary public max[ unich the sematim on file with the office of the cranny teat*. 1P Additional infmmanan is nix repursid but ceruhf help to mum this acknowledgment is not nrsisted or attached to a drtferrnt doamnavt. ;s Inikeate tale or type or attacbad document, namber o(pages anti data. "e Indicate the capacity claimed by the agmerIf the claimed capacity is a coryxtate nfTiCer, institute the tate Tie. CEO, CFO, Smremry). • Secualy apach this docuaxnt to the signed document CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On July 24, 2013 before mc,,,Barbara A. Myers, Notary Public _- - (Here insert name and title of the officer) personally appeared chizhik who proved to me on the basis of satisfactory evidence to be the person(()) whose names) is/are' subscribed to the within instrument and acknowledged to me that he/sk</they executed the same in his/.tae 44e+r authorized capacity , and that by his/Aet/tkte r signature(4 on the instrument the person(.K), or the entity upon behalf of which the person(ej 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 9ARlAR+tA.MWS WITNESS m hand and official al, Cort o"" ♦ 1"0415 Nolxy Pu011C - CiNIotMw (Notary Seal Com• 1 1 tiugnan irr. of Nolury Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF ME ATTACHED DOCUMENT aithful Performance Bond ('hide nr description ,I attached document) ay Ave, West Pavement Rehab. (Tale or description of attached document conhnufd) NuntberofPages 2 Document Date 7124/13 4840 - Newport Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER U individual (s) X Corporate Officer President ('rifle) _ I I Pa.rinerts) II Attorney -in -Fact L I I rustee(s) LJ Other 200a Version C.APA v 12,10.07 300-8739865 viv v.NotaiyClasses.con INSTRUCT IONS FOR COMPLETING THIS FORM Any arfinno hottanem completed irr Califrrna. mast Confirm verbiage esarcat; its appears above to the notary section ear a separate acknmrlMe..seat jiutu must he property cont/Meted and attached to that doeamemt the on/v erenptlon is fl it document is to be recoeded in a ole of Cahji)e la_ In such Iteounces. arty colo ah" ocknmvledgment verhlage as +noy he printed on sa h a dna ni nt Io long as on, verbiage does nen require the notes+ to to something foot is illegal flnr a nntmy in Cohlorma (ix eere/jang the authorized capacity of rhe signer;). Pleoeu ohr(k an, document carefally jor proper notarial wording and attach this fim'm iJ requn ed. • State and County information must be the State and County whore the document signets) personally appeared before the notary public for soknowlrnigineIll. • nate of notarization must be the date that the signer(s) fownalb appeared which must also be the same date the acknowledgment is completed. • 'rhe notary public least print his or her name as it appears within his or her commissionfollowed by a comma and then your title (notary public} • Print the names) of doe•Annent signers) who personally flppear to dw tone of notarization. • indicate the correct singular or plural foam by emssing off incorrect forms (i e. #eishelth , is lave) or cireling the correct ferns. Failure to correctly inincine this information may lead to rejection oftimumsnt recording_ • hmry te naseal impression must be clear and phomgraphically reproducible. Impression must not Cover text or lines. If seal impression smudgcw. re -,,cal if it sufficient amu perrnds, otherwise complete a different acknowledgment loon. • Signature of the notary public must match the signature on file a 111 the (11 lice of the county clerk. .Additional information is not required hal could help In CnSurC dri acknowledgment h not misused or attached to a differenl document. Indicate title or type of attached document, number of rytges and date ivi Indicate the capacity claimed by the signer. If the claimed capacity is a corponne officer, indicate the title (i.e. CM CO, Secretary). • Securely attach this doctrmanl to the signed document GMC Engineering Inc. 1441 Warner Avenue, Suite B Tustin, CA 92784 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAY AVENUE WEST PAVEMENT REHABILITATION To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 4844 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 Lump Sum Mobilization ch ee dA.A"UAsa.+d Dollars and Cents $ %i RD Per Lu p Sum - 1 Lump Sum Traffic Control siX�"kn-kh�+sa.ci @_ Dollars and Cents $ Z65SV :0 Per Lu p Sum 3. Lump Sum Surveying Services E. O'jef^ kt'0ti sa.cl @e{ghk VbL,c," .C-�CTDollars and q Cents $ �1 �' 00 Per Lu p Sum GMC Engineering Inc. 9401 Warner Avenue, Suite B Tustin, CA 92780 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 950 L. F. Remove and Reconstruct Type "A" P.G.C. Curb and Gutter Dollars and Cents $ _57 (go $ 2{-D. 00 —i Per Linear Foot 5. 2,900 L.F. Remove and Reconstruct Type "B" P.C.C. Curb 6 a Dollarsand Cents $ ld17 . 9 Per Li'neaf F 7,200 S.F. Remove and Reconstruct 4 -Inch Thick PC C. Sidewalk @ Dollars and Cents $ $! Per Square Foot 5 EA Install 36 -inch Box `Tristania laurina' {Water Gum} /J""' r 04xWSc1' @Vhe e.! d�Dollars v and Cents $ 4 00 $ 1O gym. r� Per Each 30 EA Remove and Construct P.C.C. Curb Access Ramp V -C- Dollars and Bi1 Cents $ � `tJ. $ �- { Per Each 1,000 S.F. Remove and Construct Residential P.C.C. Driveway Approach @ a Dollars and Cents $ �1 • S� $ � P SqtYare&ot GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 123,550 S.F. Remove and Reconstruct 8 -Inch Thick P.C.C. Street Pavement @� Dollars and '-- a ar FootV Cents $ �s $ 01fo' P5? S`0Per S e 11. Lump Sum Remove Drinking Fountain and WaterrPull Box C74 oe-ze @��Dollars 19 -or Cents . Cents Per Lump Sum 12. 100 Tons Install 4 -inch Thick Crushed Miscellaneous Base fta ifs 15. @Dollars and Cents Per Ton 20 EA Remove an Replace_ p Water Meter Box }TWO '.e.Y/d2o @ X' eevv- Dollars and Cents $ 7,15: 00 Per raoch 21 EA Remove and Replace Water Valve Box and Cover to Grade 7-lrc @¢,� Dollars and Cents Per Each 25 EA Remove and Replace Sewer Clean Out Box and Cover to Gra e @;T Dollars and Cents Per :..ach $ 34DD. 60 $ 00 $ 7-00 $�� .&0 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 2 EA 17. 18 EA 18. 3 EA 19. 3 EA 20. 22 EA 21. 185 L.F. Remove and Install Electrical Pull Box @�Uq �\W)G\VC.A Dollars and Cents $ 60 $ q00- Per Eacli Adjust Manhole Frame and Cover to Grade @se,xr�Ywnd 191' 4u Dollars and Cents Per Ea h $ �So• $ 13, 9r.. €l:-) Adjust Telephone Pull Box to Grade @C�z hundcd sere, rhg-Dollars h and Cents $ 71. eo Per Eacfi Adjust Cable Television Pull Box to Grade @ Dollars S0 and Cents Per Eacli Remove, Store and Install Existing Sign on New Post $ s2r to $ 0-60 $ S 2 @ l�rR2. I/lUY4P� Dollars and _Cents $I oo $ Z Per Each Construct Concrete Curb Wall Including Base @ Uxo �I Dollars Sox and Cents $ 40 oo $ VZ %9D, tU Per Lin ar Foot GMC Engineering Inc. 1441 Warner Avenue, Suite B Tustin, CA 92780 i . .' ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 125 C.Y Transport and Install Beach Sand �r,7��"L ollars andoo Cents $ -� $ 6 g' Per Cubic Yard 23. 3 EA Construct Local Depression Dollars and _ Cents $ 00 $ / 00 Per Each 24. 3,500 L.F. Install #10 Green Wire @ Dollars and / Cents $ 0. $ 7-sb —�, 00 P,rLin arf t 25. 8 EA Install #6 Pull Box 7--l" z�--< ^ems @ ANA74.1 Dollars and _ Cents $ $=� Per ach 26. 540 L.F. Install 2.5 -inch HDPE Conduit— Directional Drill @ Dollars and Cents $ %5 s% $� Pe� r rGO 27 ,0i HOPE Open @ __,�)�.Dollars and Cents $ (6i. jb $ �', 2.6c> Per inea F of GMC Engineering Inc, 1401 Warner Avenue, Suite B Tustin, CA 92780 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 2 EA Construct Modified Curb Inlet Type OL -A Dollars and q 33o. Cents 60 (a. Per Ea6h 29. Lump Sum Provide Temporary Manual Valve andLPumpm Dollars and Cents Per Lumo Sum 30. Lump Sum Existing Site Documentation � Lw&- A 4_;_� —Dollars and Cents Per LumSum 31. 6 EA Remove and Replace Sign and Sign Post --�V.00 V\ -6.km - —Dollars and Cents $ $ Per EAch 32, 550 LF. Remove Existing Outlet Pipe _I11y_44q_ _hw Dollars and Cents $ 14-41pa-&D Per Li ar Foot 33. Lump Sum Remove Existing Tide Gate and Vault si 1�w S �& Dollars and Cents $ 14IS—P. 00 Per Ldm-p Sum GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 PR 7 of 8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34, 85 L.F. Install 12 -Inch RCP Storm Drain Pipe @141 °f Dollars and Cents $ Z�00. 60 $r Per Linear Foot 35. 250 L.F. Install 12 -Inch SDR 35 Outlet Pipe and Concrete Pipe Anchor @_ Dollars _ Cents $ �� 00 $�� Per Linear Foot 38, 400 L.F. Install 18 -Inch SDR 35 Outlet Pipe and Concrete Pipe An hor � @ Sw Dollars and Cents $ $ q0. 9ty,19t Per Linear Foot 37. 2 EA Furnish and Install 12 -Inch Tideflex Checkmate Check Valve @ 7��Se?"f'9 Dollars ry and 1-e7 Cents $7� $ Per Each �- 38. 4 EA Furnish and Install 18 -Inch Tideflex Checkmate Check Valve @ y�a,aatTr� Dollars �-�'"and Jnr Cents $� $ i7• Per Each 39. Lump Sum Install Striping, Pavement and Curb Markings @ Dollars and Cents $ -7, Go Per Lump Sum GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 WiffireW. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. Lump Sum Provide As -Built Drawings @ Five Thousand Dollars and Zero Cents $ 5000.00 Per Lump Sum 41. Lump Sum Remove All USA Markings and Restore Pavement Surface @ One Thousand Dollars and Zero Cents $ 1000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and A43Cents June 26 2013 Date 714-247-1040 1 714-247-1941 Bidder's Telephone and Fax Numbers 739091 A and B Bidder's License No(s). and Classification(s) u . am -ram" V II . 11 Total Price (Figures) GMC Engineering, Inc. Bidder Bidder's Authorized Signature and Title Gennady Chizhik - President 1401 Warner Ave., Ste. B. Bidder's Address Tustn, CA 92780 Bidder's email address: gennady@gmceng.net _ 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 n 4 n n h PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAY AVENUE WEST PAVEMENT REHABILITATION CONTRACT NO. 4840 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.4 Line and Grade SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 n 4 n n h 6-9 LIQUIDATED DAMAGES 6-11 CONSTRUCTION PHASING 5 6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 6 7-1-2 Temporary Utility Services 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8.4.3 Steel Plates 6 7-8.6 Water Pollution Control 6 7-8.8 Steel Plates 6 7-8.6.2 Best Management Practices (BMPs) 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.2 Storage of Equipment and Materials in Public Streets 8 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "Na Parking" Signs 9 7-10.5.1 Street Sweeping Signs 9 7-10-5.2 Street Sweeping Signs/"Permit Parking Only Signs' 9 7-10.6 Notice to Residents and Temp Parking Permits 10 7-15 CONTRACTOR LICENSES 10 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment 18 PART 2 ---CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 18 200-1 SAND 18 201-1.5.5 Sand for Beach Replenishment 18 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 18 201-1 PORTLAND CEMENT CONCRETE 18 201-1.1.2 Concrete Specified by Class 18 201-2 REINFORCEMENT FOR CONCRETE 18 201-2.2.1 Reinforcing Steel 18 201-7 NON -MASONRY GROUT 18 201-7.2 Quick Setting Grout 18 SECTION 206 MISCELLANEOUS METAL ITEMS 19 206-7.1 Material 19 SECTION 207 PIPE 19 207-2.1 General 19 207-2.5 Joints 19 SECTION 214 PAVEMENT MARKERS 19 214-4 NONREFLECTIVE PAVEMENT MARKERS 19 214-5 REFLECTIVE PAVEMENT MARKERS 19 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300-1 CLEARING AND GRUBBING 19 300-1.3 Removal and Disposal of Materials 19 300-1.3.1 General 19 300-1.3.2 Requirements 20 300-1.5 Solid Waste Diversion 20 SECTION 302 ROADWAY SURFACING 20 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 20 302-6.1 General 20 302-6.6 Curing 20 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 21 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 21 303-5.1 Requirements 20 303-5.1.1 General 21 303-5.4 Joints 21 303-5.4.1 General 21 303-5.5 Finishing 21 303-5.5.1 General 21 303-5.5.2 Curb 21 303-5.5.4 Gutter 22 SECTION 305 CHECK VALVES 22 304-5 TIDEFLEX SERIES TF -1 AND 35-1 22 304-6 TIDEFLEX CHECKMATE CHECK VALVE 22 304-6.1 Checkmate Check Valve Installation 22 SECTION 310 PAINTING 22 310-5 310-5.6 PAINTING VARIOUS SURFACES WA Painting Traffic Striping, Pavement Markings, and Curb Markings 22 Layout, Alignment and Spotting 22 Application of Thermoplastic 23 Pavement Markers 23 TRAFFIC SIGNAL SPECIAL PROVISIONS SUPPLEMENTAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS Bay Avenue West Pavement Rehabilitation CONTRACT NO. 4840 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6021-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements, and (5) Caltrans Standard Plans (2010). Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing existing concrete streets, sidewalk, curb access ramps and constructing new concrete streets, adjusting utilities to grade, sidewalk, curb access ramps, street end improvements which includes furnishing and installing TideFlex tide valves and CheckMate check valves, removing existing corrugated outlet pipes, installing new outlet pipes, connecting to existing storm drain systems, pavement striping, constructing catch basins, placing beach sand, and constructing concrete wall sections with skate stoppers, and performing other appurtenant and incidental items of work as required to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for SP2OF24 existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Coast Surveying and can be contacted at (714) 918-6266. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Comer Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SP3OF24 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3`d paragraph: "Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, regulator and valve vaults, water valve covers, sewer manholes, sewer cleanouts and survey monuments as per contract documents. The Contractor shall be required to coordinate with other utility companies for adjustments to their respective facilities to avoid potential delays to the Project Schedule. SP4OF24 SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6.1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The City intends to issue the Notice to Proceed on February 15, 2013. The Construction time clock will start on February 18, 2013; it is to the Contractor's advantage to have all contract documents completed, have the pre -construction meeting held, construction schedule and traffic control plans approved so working crews can begin on February 18, 2013 or earlier. No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 consecutive working days. The Notice to Proceed is planned for September 9, 2013. The Contractor shall also adhere to the follow specific construction schedule phasing. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. See Section 6-11 for Construction Phasing." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4tH the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 316t (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 4a! _ 1 J*til 6-7.4 Working Hours. Normal working hours are limited to 7:30 AM to 4:30 PM, Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 PM to 6:30 PM on weekdays or 8:00 AM to 6:00 PM on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be, made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $216.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after June 14, 2013 that Bay Avenue is not fully open for public use, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,500.00 for each calendar day after the 100 -day allotment has expired, liquidated damages shall be $1,500.00 for each calendar day work is not completed for non - roadway work. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6.11 CONSTRUCTION PHASING. A. The Contractor shall complete all roadway items on each block prior to starting construction on other areas. No more than on street section or block shall be under construction at without written permission from the Engineer. B. Construction shall be executed in a manner to ensure unobstructed access to all garages and driveways during non -working hours. C. The Contractor shall schedule his work in order to minimize the inconvenience to the public. SP6OF24 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a monthly $90 charge for the meter, a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for compaction, materials mixing, cleaning, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water." 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the nighttime hours of 11:00 PM to 5:00 AM will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting City of Newport Beach Utilities Division, at (949) 644-3011." 7-8.4.3 Steel Plates 7-8.4.3 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwatemewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. i. Monitor tides and construction activities near the tidal zone. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." SP8OF24 Add Section 7-10.2 Storage of Equipment and Materials in Public Streets 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners." 4. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 5. As directed by the Engineer, the Contractor shall direct traffic and one way signage or flagmen, if necessary, when completing their work. 6. The Contractor shall take special precautions to protect all underground utilities in the streets from heavy vehicular loads especially once the existing P.C.C. surface is removed. 7. All streets shall be poured back within five working days after street demolition, including utility adjustments by others. 8. The Contractor shall provide suitable access to all homes each day and vehicle access to garages on weekends. 9. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed streets. 10.The Contractor shall meet with Southern California Edison (Edison) and determine the most efficient way for Edison to adjust its facilities and prepare a plan for review by the Engineer, and then work with Edison to adjust their facilities accordingly. The Contractor shall remove the entire street, prepare the street base material, and allow a minimum of five (5) working days for Edison to make adjustments if done after demolition." 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rales, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractors safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Warks Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.5 "Street Sweeping Signs" 7-10.5.1 Street Sweeping Signs. After posting temporary "NO -PARKING -TOW AWAY' signs, the Contractor shall cover street sweeping signs, on those streets adjacent to the construction in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall remove SP 10 OF 24 all signs and uncover the street sweeping signs. The Contractor shall be responsible for street cleaning during this period. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. Payment Item No. 7 shall be completed by a contractor with a valid "C-27" license. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings. The "As -Built" marked -up plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing; establishing a field office; preparing the SWPPP or BMP Plan, and construction schedule; coordinating with other agencies, contractors, and utilities; notifying businesses and residents; attending meetings; and keeping records of existing conditions for the Contractor's protection; and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include, but not limited to, delivering all required notifications, temporary parking permits, maintaining parking logs and maps, and posting signs. In addition, this item includes submitting traffic control, detour plans, and typical details prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow signs, temporary striping, changeable message boards, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach requirements. Item No. 3 Surveying Services: Work under this item shall include, but not limited to, construction surveying, removing and replacing new survey monument frames and covers to grade per CNB STD -116-L, protecting survey monuments in frames, restoring all survey monuments and centerline ties disturbed, providing any and all surveying work required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove and Reconstruct Type "A" P.C.C. Curb and Gutter: Work under this item shall include, but not limited to, removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter per CNB STD -182-L with A.C. patchback and tack coat, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall match existing. Item No. 5 Remove and Reconstruct Type "B" P.C.G. Curb: Work under this item shall include, but not limited to, removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb per CNB STD -182-L, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 6 Remove and Reconstruct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing sidewalk, compacting subgrade, constructing the 4 -inch thick P.C.C. sidewalk per GNB STD -180-L, making repairs for damage to private property including, but not limited to, sod, decorative pavement, planters, ornaments, irrigation system and plants of the same type, color and size, and all other work items as required to complete the work in place. Contractor shall protect in place utility vent(s) and re- establish traffic sign(s) in the work area. Item No. 7 Install 36 -Inch Box 'Tristania laurina' (Water Gum): Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for maintaining, furnishing and installing 36 -inch box `Tristania laurina' (Water Gum), transportation, delivery, storage, soil testing, placement, additional soil amendments, and all other work items as required for performing the work complete in place. One color photograph with human or measuring scale shall be provided to the Engineer for approval prior to delivery. A color photograph of the tree shall be taken from the nursery in which the plants will be delivered for submittal. Each tree shall be equipped with a 48 -inch Neenah Foundry Metropolitan Collection Tree Grate type R -8706-1A. Tree installation shall be completed by a C-27 licensed contractor. A 180 -Day plant establishment and maintenance period shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, plant materials, supervision and all other items necessary to establish and maintain the planted tree until Engineer acceptance. This item may be removed or reduced at the City's discretion and no compensation shall be made for this bid item. Item No. 8 Remove and Construct P.C.C. Curb Access Ramp: Work under this item shall include, but not limited to, all labor and materials relating to saw cutting, removing, disposing existing improvements, importing and compacting subgrade, and constructing P.G.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD -181-L or Modified Curb Access Ramp Details on Sheet 9, retaining curbs, curb painting, grooving, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (562) 716-8677 of Southern California. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standards or modified curb access ramp cases required. Item No. 9 Remove and Construct Residential P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -162-L or STD -163-L, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sad, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 10 Remove and Reconstruct 8 -Inch Thick P.C.C. Street Pavement: Work under this item shall include, but not limited to, saw cutting along the flowline, removing existing 8 -inch P.C.C. street, gutter, base and subbase, disposing of excess material, grading, forming work, compacting existing or imported subgrade, constructing depressed flow areas and 8 -inch thick P.C.C. street pavement over compacted native sand or base material per City of Newport Beach STD -108-L, STD -109-L, conducting surface flow test, and all other work necessary to complete the work in place. All flow lines shall have a minimum 4 -inch wide smooth trowel finish. � � a Item No. 11 Remove Drinking Fountain and Water Pull Box: Work under this item shall include, but not limited to, saw cutting the sidewalk, removing existing 8 - drinking fountain and water pull box, capping the water source, disposing of excess material, constructing 4 -inch thick P.C.C. sidewalk per CNB STD -180-L, and all other work necessary to complete the work in place. Item No. 12 Install 4 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include, but not limited to, installing, grading and compacting the roadway with 4 -inch crushed miscellaneous base and all other work items as required to complete the work in place. This item may be removed or reduced in the contract at the City's discretion and no additional compensation shall be made for bid item removal or reduction. Item No. 13 Remove and Replace Water Meter Box: Work under this item shall include, but not limited to, removing, furnishing, and installing all water meter boxes, frames and covers to grade per CNB STD -502 or STD -503-L, match the existing surface, and all other work items as required to complete the work in place. Item No. 14 Remove and Replace Water Valve Box and Cover to Grade: Work under this item shall include, but not limited to, removing, furnishing, and installing all water valve frames and covers to grade per CNB STD -511-L, and all other work items as required to complete the work in place. Item No. 15 Remove and Replace Sewer Clean Out Box and Cover to Grade: Work under this item shall include, but not limited to, removing, furnishing, and installing all sewer cleanout frames and covers per applicable portions of CNB STD - 511 -L, covers shall be marked "Sewer", and all other work items as required to complete the work in place. Item No. 16 Remove and Install Electrical Pull Box: Work under this item shall include, but not limited to, removing existing electrical boxes, furnishing and installing a new #3 %2 F electrical pull box, concrete pull box per CNB STD -204-L and STD -205-L and all other work items as required to complete the work in place. Item No. 17 Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not limited to, adjusting, lowering, raising, and extending during pavement operations all manhole frames, grade ring, and cover to grade per CNB STD 111-L and all other work items as required to complete the work in place. Item No. 18 Adjust Telephone Pull Box to Grade: Work under this item shall include, but not limited to, adjusting telephone {AT&T} pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. The dimension shall be determined to minimize the horizontal relocations in any one alley. AT&T shall provide and replace all pull boxes. Contractor shall coordinate this work prior to adjusting to grade. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. W In 9 , Item No. 19 Adjust Cable Television Pull Box to Grade: Work under this item shall include, but not limited to, adjusting Cable Television (TWC) grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. The dimension shall be determined to minimize the horizontal relocations in any one alley. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. TWC will provide and replace all pull boxes. Contractor shall coordinate this work prior to adjusting to grade. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 20 Remove, Store and Install Existing Sign on New Post: Work under this item shall include, but not limited to, but not limited to, removing and storing existing sign; installing sign on new 2 -inch square Unistrut with 2 -114 -Inch Unistrut sleeve base in 12"x12'k18" deep concrete footing, all other work items as required to complete the work in place. Item No. 21 Construct Concrete Curb Wall Including Base: Work under this item shall include, but not limited to, all labor, equipment, and materials relating furnishing and installing the concrete curb wall with Skate Stoppers and base to elevations on project drawings and other work items required to complete the work in place such as epoxy coated reinforcing steel; compacting subgrade, finishing concrete, placing crushed aggregate base, base compaction; and all other incidentals, and work items as required to complete the work in place. Item No. 22 Transport and Install Beach Sand: Work under this item shall include, but not limited to, all labor, equipment, and materials for furnishing, delivering, and placing, grading, and filling City provided beach sand between newly installed concrete wall and street -end beaches as directed by the Engineer, and other work items required to complete the work in place. Item No. 23 Construct Local Depression: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing local depression; constructing local depression (L= T) per CNB STD -304-L; including any required formwork; all joints as shown in standard plans and construction details; compacting subgrade, finishing, placing crushed aggregate base, base compaction, constructing, adjusting to curb & gutter flow line; and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 24 Install #10 Green Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials required to furnish and install #10 green trace wire per the Plans and Supplemental. This item includes conduit work, if necessary and all other work items as required to complete the work in place. SP 15 OF 24 Item No. 25 Install #6 Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials required to furnish and install #6 Pull Box and lid per the Plans. This item includes conduit work, if necessary and all other work items as required to complete the work in place. Item No. 26 Install 2.5 -inch HDPE Conduit — Directional Drill: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials required to furnish and install 2.5 -inch HDPE conduit at minimum depth of 30 -inches below ground surface using a direction drill method per the Plans, Special Provisions, and Supplemental including any dewatering and all other work items as required to complete the work in place. Item No. 27 Install 2.5 -inch HDPE Conduit — Open Trench: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials required to furnish and install 2.5 -inch HDPE conduit at minimum depth of 30 -inches below ground surface using an open trench method per the Plans, Special Provisions, and Supplemental including any dewatering and all other work items as required to complete the work in place. Item No. 28 Construct Modified Curb Inlet Type OL -A: Work under this item shall include, but not limited to, removing and disposing of the existing curb, sidewalk, and landscape, compacting subgrade, constructing a modified curb inlet per applicable portions of C.N.B. Std. 305-L (L= 7'), including any required formwork or falsework, all joints as shown in standard plans, epoxy coated reinforcing steel, finishing, placing crushed aggregate base, installing new frame and cover, installing the storm drain stub out, connecting to the new storm drain, and all other work items as required to complete the work in place. Item No. 29 Provide Temporary Manual Valve and Pumping: Work under this item shall include, but not limited to, the means, methods and installation to provide a temporary valve to allow work within the vault during tidal fluctuations. Compensation shall include submittal of methodology to the Engineer for approval prior to installation. A temporary vault pump out system shall be included in this item of work. Item No. 30 Existing Site Documentation: Work under this item shall include, but not limited to, submission of photo records of the existing street end sand conditions and the notation of any eelgrass prior to any disturbance of the existing sand, and all other work items as required for performing the work complete and in place. Item No. 31 Remove and Replace Sign and Sign Post: Work under this item shall include, but not limited to, removing and disposing of the existing storm drain outlet sign and post; fabricating and installing a new aluminum sign on Telspar Unistrut square post, and all other work items as required for performing the work complete and in place. SP 16 OF 24 Item No. 32 Remove Existing Outlet Pipe: Work under this item shall include, but not limited to, removing and disposing of the existing storm drain outlet pipe from the tide gate vault to the out fall location, dewatering the trench, backfilling with beach sand as required, and all other work items as required for performing the work complete and in place. Item No. 33 Remove Existing Tide Gate and Vault: Work under this item shall include, but not limited to, removing and disposing of the existing tide gate and tide gate vault per plans and direction of the Engineer, including restoring the pavement surface, filling any mounting holes with epoxy, backfilling with grout, abandoning or protecting interfering portions of existing utilities or improvements, supporting, temporary or permanent, utilities, and all other work items as required for completing the work in place. Contact Tom Miller from the Municipal Operations Department to determine which parts shall be delivered to the City Yard for salvage. Item No. 34 Install 12 -Inch RCP Storm Drain Pipe: Work under this item shall include, but not limited to, installing all pipe material including pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, coring through existing bulkhead, shoring, bracing, temporary patching or trench plates, controlling of ground and surface water, bedding compaction, backfilling, compacting subgrade, installing pipe fittings, couplings, connections, pipe anchors per CNB STD - 314 -L, sealing seawall penetrations with nonshrink grout, potholing of all existing facilities, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, supporting, temporary or permanent, utilities, disposing excess excavation materials, and all other work items as required to complete the work in place. Item No. 35 Install 12 -Inch SDR 35 Outlet Pipe and Concrete Pipe Anchor: Work under this item shall include, but not limited to, installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, coring through existing bulkhead, shoring, bracing, temporary patching or trench plates, controlling of ground and surface water, bedding compaction, backfilling, compacting subgrade, installing pipe fittings, couplings, connections, pipe anchors per CNB STD -314-L, sealing seawall penetrations with nonshrink grout, potholing of all existing facilities, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, supporting, temporary or permanent, utilities, disposing excess excavation materials and all other work items as required to complete the work in place. Item No. 36 Install 18 -Inch SDR 35 Outlet Pipe and Concrete Pipe Anchor: Work under this item shall include, but not limited to, installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, coring through existing bulkhead, shoring, bracing, temporary patching or trench plates, controlling of ground and surface water, bedding compaction, backfilling, compacting subgrade, installing pipe fittings, couplings, connections, pipe anchors per CNB STD -314-L, sealing seawall penetrations with SP 17 OF 24 nonshrink grout, potholing of all existing facilities, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, supporting, temporary or permanent, utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 37 Furnish and Install 12 -Inch Tideflex Checkmate Check Valve: Work under this item shall include, but not limited to, procuring and installing a 12 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware, tests to ensure pipe roundness, verifying water -tight connections using materials and methods pre -approved by the Engineer, and all other work items as required to complete the work in place. Item No. 38 Furnish and Install 18 -Inch Tideflex Checkmate Check Valve: Work under this item shall include, but not limited to, procuring and installing a 18 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware, tests to ensure pipe roundness, ensuring water -tight connections using materials and methods pre -approved by the Engineer, and all other work items as required to complete the work in place. Item No. 39 Install Striping, Pavement and Curb Markings: Work under this item shall include, but not limited to, removing and installing traffic striping, markings and markers and all other work items as required to complete the work in place. Contractor shall perform inventory of all striping, pavement markings, curb markings in the work area, and submit to the Engineer for verification and approval. Item No. 40 Provide As -Built Drawings: Work under this item shall include, but not limited to, all actions necessary to provide as -built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. Item No. 41 Remove All USA Markings and Restore Pavement Surface: Work under this item shall include, but not limited to, removing all USA markings and restore pavement surface in the work area to the satisfaction of Engineer. The intent of this pre-set amount is to emphasize to the Contractor the importance of removing USA markings. The Contractor shall insure all USA markings be made with chalk -based paint. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 --- ROCK MATERIALS 200-1 SAND SP 18 OF 24 201-1.5.5 Sand for Beach Replenishment. Add to this section: "The Contractor shall insure color similarities and the Engineer's approval. The Contractor shall arrange to meet with the Mr. Jim Auger, from General Services — Operations Support, at (949) 718-31477 a minimum of five workdays prior to beginning the work. The Contractor shall provide a detailed plan for review to the Engineer describing how the sand will be collected and transported to the work site." SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560-C-3250, Grade C pump mix per Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. Contractor shall use minimum 4 inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of, pumping required distances with 1 inch hard rock concrete for the Engineer's approval." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy coated Grade 60 steel conforming to ASTM A 615, A775 and D3963 with 3 -inch minimum cover unless shown otherwise on the plans." 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 206 ---MISCELLANEOUS METAL ITEMS 206-7.1 Material. Add to this section: "The Contractor shall use Skate Stoppers FA 902.5 made form 6061-T2 Aluminum. Skate Stopper shall be installed with using two part impact resistant epoxy and Smart Pins Plus." • Add to this Section: "206-7 Sign Posts. The Contractor shall use Telespar Unistrut square posts with pre -galvanized finish. Post shall be installed with Telespar Unistrut single breakaway anchor base system." SECTION 207 ---PIPE 207-2.1 General. These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207-2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845-6962." 210-1- PAINT 210-1.4 Paint Materials. Add to this Section: "All red curb paint shall be 'water base' red traffic paint, manufactured by Ennis Traffic Safety Solutions - (800) 331-8118." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words " 1-'1z inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention" SECTION 302 ---ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT SP 21 OF 24 302-6.4.1 General. Add to this section: 'The Contractor's finish surface will have no ponding. If low spots are identified the Contractor shall replace or rework the street section per the direction of the Engineer." 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Contractor shall use minimum 4 inch hard rock pump. Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303-5.4.1 General. Add to this section: `The Contractor shall make a sawcut parallel to the centerline of the street, unless notice otherwise, over the entire length of the street. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. The Contractor shall saw cut weakened plane joints adjacent to both sides of all utility vaults or pull boxes perpendicular to the street from edge of gutter sawcut/cold joint to property line, in the same manner as required in City of Newport Beach Std. - 109 -L. All sawcuts shall be made to a depth of 3 -inches." 303-5.5 Finishing 303-5.5.1 General. Add to this section: 'The Contractor shall patch back AC, P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." SP 22 OF 24 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must coordinate with the City's Utilities Superintendent." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 304 ---CHECK VALVES 304-6 TIDEFLEX CHECKMATE CHECK VALVE Furnish and install Tideflex CheckMate check valve per Plans and manufacturer's instructions. All metal hardware shall be 316 stainless steel. No substitutions will be allowed. 304-6.1 Checkmate Check Valve Installation Prior to installation, pipe shall be cleaned of any debris that may interfere with the proper seating of the CheckMate valve. Any cracks, holes, or divots created when scraping away debris from the inside of the pipe shall be filled with epoxy so the inside of the pipe is smooth. The Contractor shall verify the roundness of the pipe. The Checkmate valve requires a circular pipe. Any ovaling of the existing pipe will compromise the ability of the Checkmate valve to seal against the side of the pipe. It is the Contractors responsibility to check the pipe prior to ordering any material. If the pipe is found to be out -of -round, the Contractor has the option of installing a next smaller diameter SDR 35 pipe inside the existing pipe. The opening of the SDR 35 pipe shall be as close to the existing RCP opening as possible. The new pipe shall be grouted into the existing pipe to ensure a watertight fit and no movement. Once the valve is installed, the Contractor shall check the valve for leaks. If any leaks around the valve are found the Contractor shall be responsible for sealing the edges to ensure a watertight fit. SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Thermoplastic. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install °NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section 310-5.6.11 Pavement Markers 310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 400 ---ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2.1 General 400-2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." IAU$ere1P8 W1Shared4Contracts\FY 12-131C4840 - Bay Avenue PavemenASPECS C-4840.doc r:lipnttf- 19Ei511137 RT, 14TV1 91d1CN ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE{tAbtDDYYYY 711812013 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(ies) 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 BB&T Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 CONTACT Vanessa Maldonado NAME: PHONE 714,578-7256 aG ", 877.297.1116 AIC, No E 9_ _ E-MAILvmaldanadoQbbandt.com ADDRESS. _ aNSUiRER{sjAFFoamNGCOVERAGE NAtca INSURER A: Great American Assurance Co 26344 NsuREO RNsu,,m 6: Nationwide Mutual Insurance Co 23787 GMC Engineering Inc. 1401 Warner Avenue #B Tustin, CA 92780.6457 INSURER C: Scottsdale Insurance Company 41297 INSURER o: Everest National Insurance Co 10120 INSURER E: Travelers Property Casualty Co 25674 INSURER F X BI1PD Ded $$5000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL SUBR' TYPE OF INSURANCE POLICY NUMBER POLICY�_E_F�F,�� POLICY EXP MMtOwTTTY),(MMRIDI'M _ LIMITS A GENERALUABIUTY GLP4647990 11612512013 061251201 EApCHOCCURRENCE $1,006 60-0 .a. pF�SL $56,000 X COMMERCW.GENERA tAB ITY CLAIM&MADE FX OCCUR MED EXP (Any ate parson) $Excluded X BI1PD Ded $$5000 PERSONAL &ADV INJURY $1000,060 GENERAL AGGREGATE $2 000 PRODUCTS - COMP/OP AGG _000 $2,900000 GEWL AGGREGATE LIMIT APPUES PER: POLICY 7X PRQ LOC $ _ B AUTOMOBILE LIABILITY ACPBA7815631474 6/2512013661251201 EOMaBIINEDSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO X ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON-OWNE. AUTOS BODILY INJURY (Peracddent) $ PROPERTY DAMAGE Per accident $ C .,_..........__. _.v. UIMSRELLA UAB X OCCUR XLS0088994 ..._. 612512613 061251201 EACH OCCURRENCE $3 606 000 X EXCESS UAB CWMS-MADE AGGREGATE $3y00�6660 DED I X RETENTION$6 $ D WORKERS COMPENSATION7660616662121 AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVEYtN OFFICER/MEMBER EXCLUDED? ❑ INIA (Mandatory in NH) 010112012.101011201 X WC STATU- OTH- E.L. EACH ACCIDENT $1000 060 L E.L. DISEASE -EA EMPLOYEE $1,09 _0�66 If "s, desanbe unner DERIPTIONO PERATIONS below O E.L. DISEASE -POLICY LIMIT $1,000,000 E Rented/Leased QT6606069C455TIL13 6/2512013 06/25/201 $150,000 Max Per Item Equipment Deductible: $1,000 DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 181, Additional Remarks Schedule, It... space Is regWred) RE: Bay Avenue West Pavement Rehabilitation. City of Newport, its elected or appointed officers, agents, officials, employees and volunteers are named as additional insured as respects general and auto liability, this insurance is primary and noncontributory with any other Insurance of the additional insured; and waiver of subrogation applies as respects general liability, auto liability and workers compensation as required by written contract, per endorsements (See Attached Descriptions) City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIION ATE EREOF, NOTICE WILL BE DELIVERED IN THE ©1989.2010 ACORD COROORATION. All rinhts reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S107971681M10677646 VLMAL DESCRIPTIONS (Continued from Page 1) attached. Should any policy be cancelled before the expiration date, BB&T Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAGITTA 25.3 (20101051 2 of 2 #S10797168tM10677646 Policy No. GLP4647990 CG 20 37 07 04 .. .. , . .- a .. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s): Location And Description Of Completed Operations Any person or organization that °you" and such person Only Per Certificate(s) of insurance accepted by and or organization have agreed in writing in a contract or on file with "us° agreement that such person or organization be added as an additional insured on'your' policy, but only for 'your work' performed during this policy period. "Your work" performed during this policy period Additional Premium: $Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations, Section 11— Who is an Insured is amended to include as an additional insured the person(s) or organization (s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage caused, in whole or in part, by "your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard'. CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 4 of 1 Policy No. GLP2101377 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization 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 addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury' or "property damage" occurring after a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) 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 another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc_, 2004 Page 1 of 1 0 Policy No. GLP4647990 GAC 3649 CG (Ed. 11/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649 CG (Ed. 11/06) Page 1 of 1 ❑ Policy No. GLP4647990 CG 24 04 IEd 05 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph S. Transfer of Rights of Recovery Against Others td Us of SECTION IV - CONDITIONS We waive any right, of recovery we may have against the person or organization shown in the Schedule above because of payments 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 ISO Properties, Inc., 2008 CG 24 04 (Ed. 05/09) PRO (Page 1 of 1) Policy No. ACP7815631474 COMMERCIAL AUTO AC 0102 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under the COVERED AUTOS SECTION, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2, Paragraph B.2 of the COVERED AUTOS SECTION is replaced by the following: 2. If Symbol(s) 7 or 67 is entered next to coverage in Item Two of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it rep- laces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "au- to" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE SECTION of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion in the LIABILITY COVERAGE SECTION is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodi- ly injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to the LIABILITY COVERAGE SECTION: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent: 1) Employment; AC 0102 0310 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. AC 01 02 03 10 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added to the PHYSICAL DAMAGE COVERAGE SECTION: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of the PHYSICAL DAMAGE SECTION, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Under PHYSICAL DAMAGE COVERAGE SECTION, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 0102 03 10 with its permission. 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. Include a deduction for betterment for a part or parts that are normally subject to repair or replacement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference be- tween the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will val- ue auto advertising wraps, paint customiza- tion, and similar business related advertising modifications, in addition to the actual cash value of the ,property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. I. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of the PHYSICAL DAMAGE COVERAGE SECTION, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss — of the BUSINESS AUTO CONDITIONS SECTION and the MOTOR CARRIER CONDITIONS SECTION that you must notify us of an "acci- dent", "claim", "suit", or "loss" applies only when the "accident", "claim", "suit", or "loss" is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or AC 0102 03 10 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The BUSINESS AUTO CONDITIONS SECTION and MOTOR CARRIER CONDITIONS SECTION— B.2. are amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in the LIABILITY COVERAGE SECTION: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph S.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f.of the Other Insur- ance Condition in the Motor Carrier Cover- age Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "au- tos" you own: 1. Any covered "auto" you lease, hire, rent or borrow: and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. AC 0102 03 10 M. EMERGENCY LOCKOUT — PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto' of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto' and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- burse ment is payable. N. LIBERALIZATION Paragraph 3, of the General Conditions is re- placed by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. Policy No. ACP7815631474 COMMERCIAL AUTO AC 01 01A 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar insurance available to that organization. Coverage under this provision is afforded until the 18e day after you acquire or form the or- ganization or the end of the policy period, whi- chever is later. B. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of the — COVERED AUTOS SECTION: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss": or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — BAIL BONDS Paragraph A.2 -a. (2) of the LIABILITY COVERAGE SECTION is revised as follows: (2) Up to $2,500 for cost of bail bonds (in- cluding bonds for related traffic law vi- olations) required because of an "acci- dent" we cover. We do not have to furnish these bonds. E. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Paragraph A.2.a.(4) of the LIABILITY COVERAGE SECTION is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS Paragraph B.5.A. Fellow Employee in the LIABILITY COVERAGE SECTION is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION The following is added to paragraph A.I. Who Is 1. Paragraph B.6. Care, Custody or Control of An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does SECTION: not apply to "property damage" to property, other than your property, up to an amount AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 with its permission AC 01 01A 03 10 not exceeding $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of the — PHYSICAL DAMAGE COVERAGE SECTION: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. H. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1,8,61 or 68 apply to Liability Coverage and if at least one "auto" you own is covered by this policy for Comprehensive, Specified Causes of Loss, or Collision coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver, and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- ply. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to fire or lightning. I. EXPANDED TOWING COVERAGE We will pay up to: 1. $100 for a covered "auto" you own of the private passenger type, or 2. $250 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. However, the la- bor must be performed at the place of disable- ment. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Cove- rages. J. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under the - PHYSICAL DAMAGE COVERAGE SECTION of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Cre- dit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto' is not the sole collateral. K. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Sche- dule. 4. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses in- curred. 2. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC 01 01A 03 10 with its permission. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension, 7. Coverage does not apply to any covered "auto" for which coverage is provided by en- dorsement form CA9923 on this policy. L. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of the PHYSICAL DAMAGE COVERAGE SECTION is replaced by the fol- lowing: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to us or we pay for its "loss". M. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Section AA, of the — PHYSICAL DAMAGE COVERAGE SECTION: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered 'autos' for which you carry Comprehensive or Spe- cified Causes of Loss Coverage N. NEW VEHICLE REPLACEMENT COST The following is added to paragraph C.Limit of Insurance of the PHYSICAL DAMAGE COVERAGE SECTION: AC 01 01A 03 10 5. The provisions of paragraphs 1.and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight of 20,000 pounds or less which is a new vehicle. In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged ve- hicle, not including any insurance or warranties purchased; b. If it is available, the purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment or the most similar model available, not in- cluding any furnishings, parts, or equip- ment not installed by the manufacturer or manufacturers' dealership; or. c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases In this endorsement, a new vehicle means an "auto" of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the "loss". O. BLANKET WAIVER OF SUBROGATION The following is added to paragraph 5. Transfer Of Rights Of Recovery Against Others To Us of — BUSINESS AUTO and MOTOR CARRIER CONDITIONS SECTIONS: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission 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(s) or organization (s) 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 2% of the California Workers' Compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which 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.) EndorsementEffectis 1011/12 Insured GMC Engineering Inc Policy No. 7600010082121 Insurance Company EVEREST NATIONAL INSURANCE COMPANY Endorsement No. Premium $ INCL. CERTIFICATE OF INSURANCE, CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/26113 Dept./Contact Received From: Date Completed: 7/26/13 Sent to: Company/Person required to have certificate: Type of contract: Shari Shari _ By: Chris/Rence GMC Engineering, Inc. All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 6/25/13 to 6/25/14 A. INSURANCE COMPANY: Great American Assuranoe Co B. AM BEST RATING (A-: VII or greater): A: X111 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND N NIA ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes N No H. Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it included? ® Yes ❑ No I_ PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 6/25/13 to 6125/14 A. INSURANCE COMPANY: Nationwide Mutual Insurance Co B. AM BEST RATING (A-: VII or greater) A+: XV C_ ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Everest National Insurance Company B. AM BEST RATING (A-: VII or greater): A+ XV C. ADMITTED Company (Must be California Admitted): ®Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ®Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? N Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: N N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED W. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: --*r 7/26/13 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach N N/A ❑ Yes ❑ No ►r S ■IRMOM N N/A ❑ Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. AC CERTIFIC ITY INSURANCE sle/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION- ONLY-ArN115 CONFERS NO RIGHTS UPON THE CERTfFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR 1 �N}E��GAAATII�V�kELY¢��AAMEENND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS REPRESENTATIVE OTIFICATE OF INSURANCER PRODUCER, AND THE CER'`I'1'FIC1�X' E HdLD!'R2'U _ §ONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: 11 the certificate holder is an ADDITIONAL INSURED, the policcyfles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies m,Eyi9gglrALen endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), - PRODUCER The Empire Company`'' 550 Parkceuter Drive Suite 205 Santa Ana CA 92705-3521 NAME: Erica Hornaday HONEvr Fen (714)836-9945 JAtC. Not:014IFC"` 46 .ehoznaday@aspire-co.com .._._ INSL*MR(SI AFFORDING CDYHWGE NAICs INSURERAC01CIDY Iasuranee 22RRanY INSURED Metra Construction, Inc. PO BOX 2698INeURERD: Chino Hills CA 91709 IMURERBTl.IlmariCa Financial Benefit INSURERC:State Compensation. Insurance 35076 GENERAL LUISILiTY NSURER E: 1 INSURER F: COVERAGES CERTIFICATE NUMBER:2013/2014 Undtd blaster 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, NOT41THSTANDING 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. LTMI R TYPE OF tNSURAtNCEADM Near AUTFIOR12E0 REPRESENTATIVE POLICY NUMBER MPMOLCYE I XP LIMITS GENERAL LUISILiTY EACH OCCURRENCE $ 1,000,000 UAMA�c IV PREMISES adcpin5?I8 $ 100=000 $ COVMERCKGENERALLINBILITY A 7 Or AMI. FXI OCCUP 103GL000023400 /14/2013 /14/2014 MED RAP(Any X. parson} $ 5,000 PERBVNAL SAov IN..URY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGRIENIIMIT APPLIES PER PRODUCTS AGO $ '2,000,000 $ X POLICY PRO- LOC AUTOMOBILE LIABILITY NIT EaecoideM L L 11000,000 BODILY INJURY (Per per son) $ B x ANY AUTO ALI OWNED SCHEDULED A06323800 /19/2013 /19/2014 —BOD I LY NJURV(Peraxlderrt) 6 AUi'GS autos NON-DANED AIRED AUTOS AUTOS PROPERTY DAMAGE $ Peracdden[ Y UMBRELLA LIAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESSLIAS CLAIMS -MADE DED I I RETENTION$ $ C WORKERSCOMPENSATION ANDEMPLOYERTILMOR.iTYYIN ANY PROPRIETORPARTNEREXECUTIVE� R14C-TA,iL�itTl- OIRI - —' E L. EACH ACCIDENT $� 1,1000 000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 ('FICEPIME.MBER EXCLUDED? (Mandatary In NMI NIA 9006438-13 /3/2013 /3/2014 ELDISEASE-POLICY LIMIT $ 1,040 000 Ifyy..sdIPTION under DE.,CRIPIION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is retailed) RE: Contract #4840, Bay Avenue Pavement Rehabilitation. unr nen !`ANCEI I AT(1N1 ACORD 25 (2010105) INS025(2vnwm)o1 01898-2010 ACORu E;ORPvRAAflu , xn nghm renewed. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach, its officers, ACCORDANCE WITH THE POLICY PROVISIONS. employees, agents or volunteers GMC Engineering Inc AUTFIOR12E0 REPRESENTATIVE Office of the City Clerk P.O. Box 1768 Newport Beach, CA 92658 J De Santiago/ERICA ACORD 25 (2010105) INS025(2vnwm)o1 01898-2010 ACORu E;ORPvRAAflu , xn nghm renewed. The ACORD name and logo are registered marks of ACORD t 103 GL 0400234-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - COMPLETED OPERATIONS & ONGOING OPERATIONS AS SCHEDULED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured A. Section II — Who Is An Insured is amended to include the person(s) or organization(s) shown in the Schedule (called additional insured), but only with respect to: (1) Liability for "bodily injury" or "property damage" caused, in whole or in part, resulting from "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard" when you and such person(s) or organization(s) have agreed in writing in a con- tract or agreement that such person(s) or organization(s) be named as an additional in- sured on your policy. (2) Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by resulting from: (a)Your acts or omissions; or (b)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the loca- tion(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-0310 Includes copyrighted material of ISO Properties, Inc., 2004 Page 1 of 1 with its permission. 103 GL 0000334.00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contractor lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, U047-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. �EWPoq� CITY OF NEWPORT REACH �9C1Fp0.N" City Council Staff Report Agenda Item No. 5 July 23, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb(a)newportbeachca.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer 949-644-3316, ptauscher(a)newportbeachca.gov APPROVED: N TITLE: Bay Avenue Pavement Rehabilitation — Award of Contract No. 4840 ABSTRACT: Staff received favorable construction bids for the Bay Avenue Pavement Rehabilitation Project and is requesting City Council's approval to award the contract to GMC Engineering, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Relieve the low bidder Grigolla & Sons Construction Company, Inc., of their bid due to errors made in the bid. 3. Award Contract No. 4840 to GMC Engineering, Inc. (GMC) of Tustin, California, for the total bid price of $1,399,999.50 and authorize the Mayor and City Clerk to execute the contract. 4. Establish a contingency of $140,000.50, approximately 10 percent, to cover the cost of unforeseen work: FUNDING REQUIREMENTS: The current Capital Improvement Program budget includes sufficient funds for this contract in the following accounts: Account Description Account Number Amount Gas Tax 7181-C2002044 $ 1,515,000.00 Water Enterprise Wastewater Enterprise Proposed uses are as follows: Vendor GMC Engineering, Inc. GMC Engineering, Inc. DISCUSSION: Bay Avenue Pavement Rehabilitation — Award of Contract No. 4840 July 23, 2013 Page 2 7521-C2002044 $ 7541-C2002044 $ $ Purpose Construction Contract Construction Contingency Total: 15,000.00 10.000.00 1,540,000.00 Amount $ 1,399,999.50 $ 140,000.50 $ 1,540,000.00 At 10:00 a.m. on June 26, 2013, the City Clerk opened and read the following bids for the Bay Avenue Pavement Rehabilitation Project: BIDDER Low Grigolla & Sons Construction Co. 2 GMC Engineering, Inc. 3 Nobest, Incorporated 4 Los Angeles Engineering, Inc. 5 All American Asphalt 6 Hillcrest Contracting 7 Griffith Company 8 PALP, Inc. DBA Excel Paving Co. TOTAL BID AMOUNT Inc. $1,114,820.00* $1,399,999.50 $1,407,000.00 $1,512,481.00 $1,568,569.00-- $1,570,655.00 $1,572,477.50 $1,597,980.00 * Bid Withdrawn ** As read amount $1,569,569.00 On June 28, 2013, Grigolla & Sons Construction Company, Inc. (Grigolla) submitted a written request to withdraw their bid due to errors made in preparing the bid (see Attachment B). Staff has reviewed the request and recommends relieving Grigolla of their bid in accordance with Public Contract Code Section 5101. The second low bidder, GMC Engineering, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of GMC's references indicates satisfactory completion of capital improvement projects in other municipalities. GMC's total bid amount is approximately equal to the Engineer's Estimate of $1,400,000.00. The work for this contract includes removal and reconstruction of existing concrete streets, sidewalk and curb access ramps, adjusting utilities to grade and new pavement striping. This project also includes construction of storm drain catch basins, removal and replacement of existing outlet pipes, installation of new tide valves, placement of beach sand and performing other incidental items of work. The work area is defined as Bay Avenue West from 8th Street to 15th Street. Bay Avenue Pavement Rehabilitation — Award of Contract No. 4840 July 23, 2013 Page 3 Pursuant to the contract specifications, the contractor will have 100 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (maintenance activities with negligible expansion) 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Prior to implementation, staff intends to notice adjacent schools, churches and businesses. Submitted by: 'Q•. David A. Web i Public Works Director Attachments: A. Location Map B. Grigolla & Sons, Inc. Bid Withdrawal Letter dated June 28, 2013 NOT TO SCALE ® PROJECT AREA BAY AVENUE PAVEMENT REHABILITATION LOCATION MAP NEWPORT CHANNEL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4840 1 7/23/13 %a° (5r sonl `C0 &-U1Cr6&--1&V Cir I rla P.O. Bo /949. AFA4a, Ca. 91702 Ph# (626) 334-6634 - Favi.# (626) 334-5591 L6cevtd,&# 514132-A Email: david@grigollaandsom.com City of Newport Beach 100 Civic Center Dr. Newport Beach, CA 92660 June 28th, 2013 Subject: Bay Ave. West Pavement Rehabilitation Project. Contract 4 4840 Dear Peter Tauscher, Grigolla & Sons would like to formally withdraw our bid for reasons of calculation errors. After careful review crucial job costs were left out of our bid. These costs would put a difficult burden on the project. Please accept this withdrawal as a reasonable and uiuntentional error and release Grigolla & Sons as low bidder for this project. Thank you for the cities understanding and patience. This was a difficult decision, but it is done in everyone's best interest to keep a valued relationship between the City of Newport Beach and Grigolla & Sons. If you need to contact me for any clarifications or any other reasons please contact me at any time. Best recta s, Da id Grigolla; P o' c Manager Grigolla & Sons Const., Co., Inc.