HomeMy WebLinkAboutC-8501-1 - On-Call M/RSA for Beach Maintenance Servicesco
AMENDMENT NO. FOUR TO
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
V WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. FOUR TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this
31st day of May, 2022 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GCI
CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031
Calle Recodo, Suite D, San Clemente California 92673 and is made with reference to
the following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform on -call maintenance and/or repair services for City ("Project").
B. On October 15, 2019, City and Contractor entered into Amendment No. One to
the Agreement ("Amendment No. One") to extend the term of the Agreement, to
increase the total compensation, update the Schedule of Billing Rates, the terms
of responsibility for damages or injury, prevailing wages, conflicts of interest,
claims, and insurance requirements
C. On August 25, 2020, City and Contractor entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional services not
previously included in the Agreement, as amended, to increase the total
compensation, and to update insurance requirements.
D. On October 12, 2021, City and Contractor entered into Amendment No. Three to
the Agreement ("Amendment No. Three") to increase the total compensation due
to an increase in the volume of Work.
E. The parties desire to enter into this Amendment No. Four to extend the term of
the Agreement to November 30, 2022, to update the Project Manager, and
Contractor's contact for Notice.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows-
1 . TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 30, 2022, unless terminated earlier as set forth herein."
2. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following:
"5.1 Contractor shall designate a Project Manager, who
shall coordinate all phases of the Project. This Project
Manager shall be available to City at all reasonable times
during the Agreement term. Contractor has designated Alan
Aristondo to be its Project Manager. Contractor shall not
remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of
City. City' s approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel."
3. NOTICES
Section 25.3 of the Agreement is amended in its entirety and replaced with the
following:
"25. 3 All notices, demands, requests or approvals from City
to Contractor shall be addressed to Contractor at:
Attn: Richard Kay
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
GCI CONSTRUCTION, INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: S 2.-/22-
ar C. Ha bv�ec�ze�1L
C Attorne
ATTEST:
Date:
Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: I q t_ 2a2.,2i
By: 0-, t--�
Gra . Leung
Cit anager
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
Signed in Counterpart
By:
Richard Kay
Chief Executive Officer
Date:
Signed in Counterpart
By:
Alan Aristondo
Chief Financial Officer
[END OF SIGNATURES]
GCI CONSTRUCTION, INC. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORPEY'S OFFICE
Date:S�2S 22—
By:
n C. rp CAM ucizriz-
ar
yy Atto ne
ATTEST:
Date:
IN
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
By:
Richard Kay
Chief Executive Officer
Date: O'S 151 `1ac @.a -
By:
Alan A o
Chief Financial Office
[END OF SIGNATURES]
GCI CONSTRUCTION, INC. Page 3
8501-1
C1
CONSTRUCTION, INC.
Attn: Mr. Michael Sinacorri
City of Newport Beach
Project: 40th - 44th street beach improvements
ITEMS
1 40th st. - 44th st. beach improvements
Proposal Approved by:
Contract 8501-1 On -Call GCI
22HO4-Unassigned-1 00-Unassicfned
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
QTY UNIT
1 EA
Grand Tota
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Notes:
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
5/9/22 11:24 AM
TOTALS
AMENDMENT NO. THREE TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. THREE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this
12th day of October, 2021 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GCI
CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031
Calle Recodo, Suite D, San Clemente, California 92673, and is made with reference to
the following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on-call maintenance and/or repair service for City ("Project").
B. On October 15, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to May
31, 2022, to increase the total compensation, update the Schedule of Billing Rates,
the terms of responsibility for damages or injury, prevailing wages, conflicts of
interest, and Insurance requirements.
C. On August 25, 2020, City and Contractor entered into Amendment No. Two to
reflect additional Services not included in the Agreement, as amended, to increase
the total compensation, and to update Insurance requirements.
D. The parties desire to enter into this Amendment No. Three to increase the total
compensation due to an increase in the volume of Work.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Million Two Hundred Twenty Five Thousand
Dollars and 00/100 ($1,225,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed Five
Hundred Thousand Dollars and 00/100 ($500,000.00).
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
GCI Construction, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
B
on Car " S
City Attorney
ATTEST: 1� a� X21
Date: �
G di ''
Brown
City Clerk
\PoRNi
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /0
By:
Br ry
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
By:
Signed in Counterpart
Terry D. Gillespie
Chief Executive Officer
Date:
By:
Signed in Counterpart
Richard D. Kay
Secretary
[END OF SIGNATURES]
GCI Construction, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 712-
�B
on C ar
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONTRACTOR: GCI CONST UCTION,
INC., a Califo is corp ratio
Date: i� C,, /- zt
By:� /-v ov
Terry D. Gille pie
I'7TG1 L1CL�7V�p7T I`
Pt s < <_(
Date: (k;, ober lq i anal
By:
ichard D. Kay
Secretary
[END OF SIGNATURES]
GCI Construction, Inc. Page 3
�011
C,ONSTRUCr - N. uUC--.
Attn: Mike Sinacori
City of Newport Beach
Project: Sand Haul
Subject: Cost to Haul Sand for 2.5 Weeks M 3 Days)
GCI CONSTRUCTION, INC.
License #: 755356A - DI #: 1000001150
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
10/01/2020
ITEMS QTY UNIT TOTALS
1 Mobilization 1 LS $3,106.71 $3,106.71
2 Daily Rate 13 DAY $10,384.78 $135,002.09
3 Demobilize 1 LS $3,106.71 $3,106.71
Terry Gillespie, President (714)957-0233x-218
By 7'�P� 9.
(Si nature)
Name Michael J. Sinacori, P.E.
(Print)
Title Assistant City Engineer
Date October 2, 2020
GRANDTOTALI $141,215.51
Date
GCI CONSTRUCTION, INC. - JOB BID
Project: Newport Beach Sand Haul
To: Mike Sinacori
DESCRIPTION OF WORK:
Haul Sand from River to Pier (Daily Cost)
LABOR Qty Unit Unit Price Ext. TOTALS
Foreman 8.00 HR $ 97.47 $
779.76
Laborer (2 Each) 16.00 HR $ 71.67 $
1,146.72
$
-
Excavator (operated)
8.00 HR
$
230.00
$
1,840.00
Loaders 2 each, operated
14.00 HR
SUB -TOTAL $
1,926.48
20% Markup $
385.30
EQUIPMENT
Crew Truck
HR
$
45.00
$
-
Excavator (operated)
8.00 HR
$
230.00
$
1,840.00
Loaders 2 each, operated
14.00 HR
$
370.00
$
5,180.00
Foremans Truck
HR
$
35.00
$
-
HR
$
-
SUB -TOTAL
$
7,020.00
15% Markup
$
1,053.00
MATERIAL & RENTAL EQUIPMENT
s10 dumps HR $ -
Plates (Day Rental) EA $ -
SUB -TOTAL $ -
15% Markup $ -
SUBCONTRACTOR
$ 2,311.78
$8,073.00
SUBTOTAL 1 $ 10,384.78
BOND
Bond $ -
TOTAL $ 10,384.78
CONTRACT TIME EXTENSION DAYS
PREPARED BY CLIENT'S REPRESENTATIVE
GCI CONSTRUCTION, INC. - JOB BID
Project: Newport Beach Sand Haul
To: Mike Sinacori
DESCRIPTION OF WORK:
Mobilize 2 Loaders & 1 Excavator to Newport Beach
LABOR Qty Unit Unit Price Ext. TOTALS
Foreman 8.00 HR $ 97.47 $ 779.76
Laborer (3 Each) HR $ 71.67 $ -
SUB -TOTAL $ 779.76
20% Markup $ 155.95
EQUIPMENT
Crew Truck
HR
$
45.00
$ -
Excavator (operated)
HR
$
230.00
$ -
Loaders 2 each, operated
HR
$
380.00
$ -
Foremans Truck
HR
$
35.00
$ -
Lowbed
8.00 HR
$
150.00
$ 1,200.00
SUB -TOTAL
$ 1,200.00
15% Markup
$ 180.00
MATERIAL & RENTAL EQUIPMENT
s10 dumps HR $ -
Plates (Day Rental) 10 EA $ 4.00 $ 40.00
SUB -TOTAL $ 40.00
15% Markup $ 6.00
SUBCONTRACTOR
Marco Transportation $ 745.00
SUB -TOTAL $ 745.00
Sub- Markup 5% 1 1 1 $ - j $ 745.00
SUBTOTAL $ 3,106.71
$ 935.71
$1,380.00
$ 46.00
BOND
Bond $ -
TOTAL $ 3,106.71
CONTRACT TIME EXTENSION DAYS
PREPARED BY CLIENT'S REPRESENTATIVE
GCI CONSTRUCTION, INC. - JOB BID
Project: Newport Beach Sand Haul
To: Mike Sinacori
DESCRIPTION OF WORK:
Demobilize 2 Loaders & 1 Excavator to Newport Beach
LABOR Qty Unit Unit Price Ext. TOTALS
Foreman 8.00 HR $ 97.47 $ 779.76
Laborer (3 Each) HR $ 71.67 $ -
SUB -TOTAL $ 779.76
20% Markup $ 155.95
EQUIPMENT
Crew Truck
HR
$
45.00
$ -
Excavator (operated)
HR
$
230.00
$ -
Loaders 2 each, operated
HR
$
380.00
$ -
Foremans Truck
HR
$
35.00
$ -
Lowbed
8.00 HR
$
150.00
$ 1,200.00
SUB -TOTAL
$ 1,200.00
15% Markup
$ 180.00
MATERIAL & RENTAL EQUIPMENT
s10 dumps HR $ -
Plates (Day Rental) 10 EA $ 4.00 $ 40.00
SUB -TOTAL $ 40.00
15% Markup $ 6.00
SUBCONTRACTOR
Marco Transportation $ 745.00
SUB -TOTAL $ 745.00
Sub- Markup 5% 1 1 1 $ - j $ 745.00
SUBTOTAL $ 3,106.71
$ 935.71
$1,380.00
$ 46.00
BOND
Bond $ -
TOTAL $ 3,106.71
CONTRACT TIME EXTENSION DAYS
PREPARED BY CLIENT'S REPRESENTATIVE
0
U_� AMENDMENT NO. TWO TO
ON-CALL MAINTENANC/REPAIR SERVICES AGREEMENT
v WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
25th day of August, 2020 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GCI
CONSTRUCTION, INC., a California corporation ("Contractor'), whose address is 1031
Calle Recodo, Suite D, San Clemente, CA 92673, and is made with reference to the
following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on-call maintenance and/or repair service for City ("Project").
B. On October 15, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement to May
31, 2022, to increase the total compensation, update the Schedule of Billing Rates,
the terms of responsibility for damages or injury, prevailing wages, conflicts of
interest, and Insurance requirements.
C. Since entering into Amendment No. One, Contractor was asked to perform a
higher volume of Work than was originally anticipated.
D. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to increase the total
compensation, and update Insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Seven Hundred Twenty Five Thousand Dollars
and 00/100 ($725,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Three Hundred Fifty Thousand Dollars and 00/100 ($350,000.00).
2. INSURANCE
Exhibit C of the Agreement shall be deleted in its entirety and replaced with Exhibit
C, attached hereto and incorporated herein by reference. Any reference to Exhibit C in
the Agreement shall hereafter refer to Exhibit C attached hereto.
INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
GCI Construction, Inc Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: $1 71 2.0 zo
By:
Aaron C. Hare
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: KS -1-6w
By: fici • &��
Will O'Neill
Mayor
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
Signed in Counterpart
By:
Terry D. Gillespie
Chief Executive Officer
Date:
Signed in Counterpart
By:
Richard D. Kay
Secretary
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
GCI Construction, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: X61 Y.1 -,?,o
By: 0,-k A�,�.G�, fr�
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Will O'Neill
Mayor
CONTRACTOR: GCI
INC., a Ca)iforpia co
Terryl,D. Q1Il4le"
Chief Exe utive Officer
Date: 9/w ' Z0u)
By:
Ric rd D. Kay
Secretary
[END OF SIGNATURES]
Attachments: Exhibit C — Insurance Requirements
GCI Construction, Inc. Page 3
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. 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 Agreement, 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.
2. 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, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident 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.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
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. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
liability of another assumed in a business 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
GCI Construction, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
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 Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement 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 from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability,
and automobile liability, if required, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which
ten (10) calendar days notice is required) or nonrenewal of coverage for
each required coverage.
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.
Insurance certificates and endorsement 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 Agreement. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. At least fifteen (15) days prior to the expiration
GCI Construction, Inc. Page C-2
of any such policy, evidence of insurance showing that such insurance
coverage has been renewed or extended shall be filed with the City. If
such coverage is cancelled or reduced, Contractor shall, within ten (10)
days after receipt of written notice of such cancellation or reduction of
coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through
another insurance company or companies. City reserves the right to
require complete, certified copies of all required insurance policies, at
any time.
B. City's Riqht to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) 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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement 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.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
GCI Construction, Inc. Page C-3
Self-insurance will not be considered to comply with these requirements
unless approved by City.
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 Agreement, 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 Agreement, 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. Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
GCI Construction, Inc. Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Thursday, August 13, 2020 5:37 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000123
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This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000123 GCI Construction, Inc.
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k�/Gcl
CONSTRUCTION. INC.
General Engineering Contractor Lic. No. 755356
City of Newport Beach
Re: On -Call Sand 2019
Attn: Mike Sinacori
Dear Mike,
1031 Calle Recodo, Suite D
San Clemente, CA 92673
Ph: (714) 957-0233
Fax: (714) 540-1148
Current Rates for the T&M On-call contract #8501-1 are attached. As Requested, we will load 10,000 CY of sand from
Santa Ana Channel to the westside of the Balboa Pier and spread. The schedule is as follows:
1. Move equipment to sites
Move in: $2500 Move out: $2500 Total: $5000
Hrs
2. Place plates and rumble plates
for trucks and grading of sand
%: Forman
$95.94
Crew
Unit Price Hrs
Total
Marked up Totals
1 Forman
$95.94 8
$767.52
$921.02
1 Labor
$69.10 8
$552.80
$663.36
1 Low bed
$140 8
$1,120
$1,288
3. Commence with loading, trucking and grading of sand
The crews for loading site are as follow:
Crew
Unit Price
Hrs
Total
Marked up Totals
%: Forman
$95.94
80
$3,837.60
$4,605.12
1 Labor
$69.10
80
$5,528
$6,633.60
1Operator
$93.40
80
$7,472
$8,966.40
1 325 Excavator
$225
80
$18,000
$20,700 CY
1 Komatsu Wheel Loader
$185
80
$14,800
Total: $40,905.12 4.09
The crew at the pier is as follows:
Crew
Unit Price
Hrs
Total
Marked up Totals
%2 Forman
$95.94
80
$3,837.90
$4,605.12
2 Labors
$69.10
80
$11,056
$13,267.20
2 Operators
$93.40
80
$14,944
$17,932.80
1950 Wheel Loader
$195
80
$15,600
$17,940
1 Komatsu Wheel Loader
$185
80
$14,800
$17,020 CY
Total: $70,765.12 7.08
We anticipate moving approximately 700-1000 CY per day.
For the fire ring operation, we anticipate 1 day to move the fire ring in/out and load city trucks with fire ring waste with
the below crew:
Crew
Unit Price
Hrs
Total
Marked up Totals
1 Forman
$95.94
8
$767.52
$921.02
2 Labors
$69.10
8
$1,105.60
$1,326.72
1Operator
$93.40
8
$747.20
$896.64
1950 Wheel Loader w/ Forks
$195
8
$1,560
$1,794
10 Plates and Rumble strips
$40/day
$400
$460
Total: $5,398.38
Grand Total: $124,941
Respectfully,
Ne _ �- 10/3/19
GCI CONSTRUCTION Effective 711/2019
EQUIPMENT OPERATED RATE SCHEDULE
DESCRIPTION
FOREMAN PICK UP TRUCK 26.50 HOUR
CREW TRUCK
40.50 HOUR
10 WHEELER DUMP TRUCK
90.00 HOUR
SUPER 10
05.00 HOUR
BOTTOWSEMI END DUMP
105.00 HOUR
LOW BED RATE
140.00 HOUR
SKIPLOADER
170.00 HOUR
BOBCAT
168.00 HOUR
446D BACKHOE/LOADER
185.00 HOUR
NEW HOLLAND BACKHOE/LOADER
170.00 HOUR
KOMATSU WHEEL LOADER
185.00 HOUR
CAT 950 G LOADER
195.00 HOUR
JD 450 WITH BOARD
167.50 HOUR
D-6 W Board
217.50 HOUR
CAT 308 EXCAVATOR
175.00 HOUR
CAT 313 EXCAVATOR
190.00 HOUR
CAT 314 EXCAVATOR
205.00 HOUR
CAT 325 EXCAVATOR
225.00 HOUR
CAT 321CLCR EXCAVATOR
225.00 HOUR
KOBELCO SK300 LC1V EXCAVATOR
250,00 HOUR
CAT 14M MOTOR GRADER
190.00 HOUR
RING O MATIC POT HOLING MACHINE
427.00 DAY
85.00 HOUR
VACTOR VACUME TRUCK
235.00 HOUR
ASHPHALT ZIPPER
272.00 HOUR
Plus Teeth
ARROWBOARD
120.00 DAY
WATER TRUCK
220.00 DAY
Bare
COMPACTION WHEEL
30.00 HOUR
COMPRESSOR WIJACKHAMMER
260.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
250.00 DAY
HYDRAULIC BREAKER
60.00 HOUR
2000 LBS
LIGHT TOWER
120.00 DAY
WACKER
120.00 DAY
Zieman Trailer
30.00 HOUR
4" trash pump & hoses
120.00 day
6x16 Trench Box
110.00 day
250.00 Wk 750.00 Mo
4 x 16 Trench Box
110.00 day
170.00 Wk 505.00 Mo
8 x 24 Trench Box
200.00 DAY
550.00 Wk 1,630.00 Mo
continued Page 2 ...
LABOR RATES:
REGULAR
OVERTIME
DBL TIME
LABORER GRADING
69.10
91.17
113.25
LABORER SEWER
69.91
92.31
114.71
LABORER WATER
70.25
92.79
115.33
PIPELAYER GRADING
72.42
96.15
119.89
PIPELAYER SEWER
73.28
97.36
121.45
PIPELAYER WATER
73.64
97.87
122.10
OPERATOR GRADING
93.40
125.17
156.95
OPERATOR SEWER
94.39
126.63
158.88
OPERATOR WATER
94.81
127.25
159.68
FOREMAN GRADING
95.94
128.99
162,04
FOREMAN SEWER
96.97
130.51
164.04
FOREMAN WATER
97.41
131.14
164.88
TRUCK DRIVER GRADING
74.44
94.48
114.52
TRUCK DRIVER SEWER
75.34
95.68
116.02
TRUCK DRIVER WATER
75.72
96.18
116.64
MARK UP ON LABOR 20%
MARK UP ON EQUIPMENT/MATERIAL 15%
General Engineering Contractor Lic. No. 755356
City of Newport Beach
Re: On -Call Sand 2019
Attn: Mike Sinacori
Dear Mike,
1031 Calle Recodo, Suite D
San Clemente, CA 92673
Ph: (714) 957-0233
Fax: (714) 540-1148
Current Rates for the T&M On-call contract #8501-1 are attached. As Requested, we will load 10,000 CY of sand from
Santa Ana Channel to the westside of the Balboa Pier and spread. The schedule is as follows:
Move equipment to sites
Move in: $2500 Move out: $2500 Total: $5000
Hrs
Place plates and rumble plates
for trucks and grading of sand
Forman
$95.94
Crew
Unit Price Hrs
Total
Marked up Totals
1 Forman
$95.94 8
$767.52
$921.02
1 Labor
$69.10 8
$552.80
$663.36
1 Low bed
$140 8
$1,120
$1,288
3. Commence with loading, trucking and grading of sand
The crews for loading site are as follow:
Crew
Unit Price
Hrs
Total
Marked up Totals
Forman
$95.94
80
$3,837.60
$4,605.12
1 Labor
$69.10
80
$5,528
$6,633.60
1Operator
$93.40
80
$7,472
$8,966.40
1 325 Excavator
$225
80
$18,000
$20,700 CY
1 Komatsu Wheel Loader
$185
80
$14,800
Total: $40,905.12 4.09
The crew at the pier is as follows:
Crew
Unit Price
Hrs
Total
Marked up Totals
Forman
$95.94
80
$3,837.90
$4,605.12
2 Labors
$69.10
80
$11,056
$13,267.20
2 Operators
$93.40
80
$14,944
$17,932.80
1950 Wheel Loader
$195
80
$15,600
$17,940
1 Komatsu Wheel Loader
$185
80
$14,800
$17,020 CY
Total: $70,765.12 7.08
We anticipate moving approximately 700-1000 CY per day.
For the fire ring operation, we anticipate 1 day to move the fire ring in/out and load city trucks with fire ring waste with
the below crew:
Crew
Unit Price
Hrs
Total
Marked up Totals
1 Forman
$95.94
8
$767.52
$921.02
2 Labors
$69.10
8
$1,105.60
$1,326.72
1Operator
$93.40
8
$747.20
$896.64
1950 Wheel Loader w/ Forks
$195
8
$1,560
$1,794
10 Plates and Rumble strips
$40/day
$400
$460
Total: $5,398.38
Grand Total: $124,941
Respectfully,
Terry Gillespie, President
GCI CONSTRUCTION Effective 711/2019
EQUIPMENT OPERATED RATE SCHEDULE
DESCRIPTION
FOREMAN PICK UP TRUCK
26.50 HOUR
CREW TRUCK
40.50 HOUR
10 WHEELER DUMP TRUCK
90.00 HOUR
SUPER 10
95.00 HOUR
BOTTOM/SEMI END DUMP
105.00 HOUR
LOW BED RATE
140.00 HOUR
SKIPLOADER
170.00 HOUR
BOBCAT
168.00 HOUR
446D BACKHOEILOADER
185.00 HOUR
NEW HOLLAND BACKHOEILOADER
170.00 HOUR
KOMATSU WHEEL LOADER
185.00 HOUR
CAT 950 G LOADER
195.00 HOUR
JD 450 WITH BOARD
167.60 HOUR
D-6 W Board
217.50 HOUR
CAT 308 EXCAVATOR
175.00 HOUR
CAT 313 EXCAVATOR
190.00 HOUR
CAT 314 EXCAVATOR
205.00 HOUR
CAT 325 EXCAVATOR
225.00 HOUR
CAT 321CLCR EXCAVATOR
225,00 HOUR
KOBELCO SK300 LC1V EXCAVATOR
250.00 HOUR
CAT 14M MOTOR GRADER
190.00 HOUR
RING 0 MATIC POT HOLING MACHINE
427.00 DAY
VACTOR VACUME TRUCK
235.00 HOUR
ASHPHALT ZIPPER
272.00 HOUR
ARROWBOARD
120.00 DAY
WATER TRUCK
220.00 DAY
COMPACTION WHEEL
30.00 HOUR
COMPRESSOR WIJACKHAMMER
260.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
250.00 DAY
HYDRAULIC BREAKER
60.00 HOUR
LIGHT TOWER
120.00 DAY
WACKER
120.00 DAY
Zieman Trailer
30.00 HOUR
4" trash pump & hoses
120,00 day
6x16 Trench Box
110.00 day
4 x 16 Trench Box
110.00 day
8 x 24 Trench Box
200.00 DAY
continued Page 2 ...
85.00 HOUR
Plus Teeth
Bare
2000 LBS
250.00 Wk
750.00 Mo
170.00 Wk
505.00 Mo
550.00 Wk
1,630.00 Mo
LABOR RATES:
REGULAR
OVERTIME
DBL TIME
LABORER GRADING
69.10
91.17
113.25
LABORER SEWER
69.91
92.31
114.71
LABORER WATER
70.25
92.79
115.33
PIPELAYER GRADING
72.42
96.15
119.89
PIPELAYER SEWER
73.28
97.36
121.45
PIPELAYER WATER
73.64
97.87
122.10
OPERATOR GRADING
93.40
125.17
158.95
OPERATOR SEWER
94.39
126.63
158.88
OPERATOR WATER
94.81
127.25
159.68
FOREMAN GRADING
95.94
128.99
162.04
FOREMAN SEWER
96.97
130.51
164.04
FOREMAN WATER
97.41
131.14
164.88
TRUCK DRIVER GRADING
74.44
94.48
114.52
TRUCK DRIVER SEWER
75.34
96.68
116.02
TRUCK DRIVER WATER
75.72
96.18
116,64
MARK UP ON LABOR 20%
MARK UP ON EQUIPMENT/MATERIAL 15%
PAMENDMENT NO. ONE TO
Op ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
V WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
15th day of October, 2019 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GCI
CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031
Calle Recodo, Suite D, San Clemente, California 92673, and is made with reference to
the following:
RECITALS
A. On June 13, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement') to perform on-call
maintenance and/or repair services for City ("Project').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to May 31, 2022, to increase the total compensation, update the
Schedule of Billing Rates, the terms of esponsibility for damages or injury,
prevailing wages, conflicts of interest, claims, and Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2022, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Exhibit B to the Agreement is amended in its entirety and replaced with the
Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by
reference ("Services" or "Work").
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section, the Letter Proposal, and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items shall not exceed Three Hundred Seventy Five Thousand Dollars
and 00/100 ($375,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
an increase in the volume of Services to be performed in accordance with this
Amendment No. One, including all reimbursable items and subcontractor fees, in an
amount not to exceed Seventy Five Thousand Dollars and 00/100 ($75,000.00).
3. RESPONSIBILITY FOR DAMAGES OR INJURY
Sections 9.1, 9.2, and 9.3 of the Agreement are amended in their entirety and
replaced with the following:
"9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services shall not be responsible in any
manner for any loss or damage to any of the materials or other things used or
employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for
damage to property from any cause arising from the performance of the Project
and/or Services by Contractor, or its subcontractors, or its workers, or anyone
employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project
and/or Services, or the Work of any subcontractor or supplier selected by
Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal
control of the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement (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 Agreement, any Work performed or Services
provided under this Agreement including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the
Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them)."
GCI CONSTRUCTION, INC. Page 2
4. PREVAILING WAGES
Section 16 of the Agreement is amended in its entirety and replaced with the
following:
"16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including
legal holidays and overtime Work for each craft or type of workman needed to
execute the Work contemplated under the Agreement shall be paid to all workmen
employed on the Work to be done according to the Agreement by the Contractor
and any subcontractor. In accordance with the California Labor Code (Sections
1770 et seq.), the Director of Industrial Relations has ascertained the general
prevailing rate of per diem wages in the locality in which the Work is to be
performed for each craft, classification, or type of workman or mechanic needed
to execute the Agreement. 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. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor
or any subcontractor under him/her to comply with all State of California labor laws,
rules and regulations and the parties agree that the City shall not be liable for any
violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it
is currently registered and qualified to perform "public work" pursuant to California
Labor Code section 1725.5 or any successor statute thereto and that no contractor
or subcontractor will engage in the performance of the Services unless currently
registered and qualified to perform public work."
5. CONFLICTS OF INTEREST
Section 24 of the Agreement is amended in its entirety and replaced with the
following:
"24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§
1090 et seq., which (1) require such persons to disclose any financial interest that
may foreseeably be materially affected by the Work performed under this
Agreement, and (2) prohibit such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material
breach and is grounds for immediate termination of this Agreement by City.
Contractor shall indemnify and hold harmless City for any and all claims for
damages resulting from Contractor's violation of this Section."
GCI CONSTRUCTION, INC. Page 3
6. CLAIMS
Section 26 of the Agreement is amended in its entirety and replaced with the
following:
"26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit
to City, in writing, all claims for compensation under or arising out of this
Agreement. Contractor's acceptance of the final payment shall constitute a waiver
of all claims for compensation under or arising out of this Agreement except those
previously made in writing and identified by Contractor in writing as unsettled at
the time of its final request for payment. Contractor and City expressly agree that
in addition to any claims filing requirements set forth in the Agreement, Contractor
shall be required to file any claim Contractor may have against City in strict
conformance with the Government Claims Act (Government Code sections 900 et
seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to
follow the dispute resolution process set forth therein. Any part of such "Claim"
remaining in dispute after completion of the dispute resolution process provided
for in Public Contract Code section 9204 or any successor statute thereto shall be
subject to the Government Claims Act requirements requiring
Contractor/Consultant to file a claim in strict conformance with the Government
Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in
Public Contract Code section 9204 or any successor statute thereto, Contractor
shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.)."
7. INSURANCE
Exhibit C to the Agreement is amended in its entirety and replaced with the
Insurance Requirements, attached hereto as Exhibit C and incorporated herein by
reference. Any reference to Exhibit C in the Agreement shall hereafter refer to Exhibit C
attached hereto.
8. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
GCI CONSTRUCTION, INC. Page 4
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: O�/&( j
By:
Aaron C. Harp (AM%0iarM
City Attorney
ATTEST:'(
Date:
brownBy: d" I �Yft—
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: /� i/(� �/9
By:
Gr c K. Leung
C anager
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
Signed in Counterpart
Bv:
Terry D. Gillespie
Chief Executive Officer
Date:
Signed in Counterpart
By:
Janet Gillespie
Secretary
[END OF SIGNATURES]
Attachments: Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GCI CONSTRUCTION, INC. Page 5
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:0,,1/K/( j
By: z� /t" � R,.,.
Aaron C. Harp uM%Ultxhl
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONTRACTOR:
INC., a Caliiforr},r
Date: IU -(EY` I4
CI CONSTRU
Terry D. gIlespie
Chief Executive Officer
Date: (0 -1!5 -'(q
B/ 4m Adj1 lIJ,( V
ane Gillespie
etary
[END OF SIGNATURES]
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GCI CONSTRUCTION, INC. Page 5
EXHIBIT B
SCHEDULE OF BILLING RATES
EQUIPMENT OPERATED RATE SCHEDULE:
Description:
Rate $): Notes:
FOREMAN PICK UP TRUCK
26.50 HOUR__
CREW TRUCK
40.50 HOUR
10 WHEELER DUMP TRUCK
_ 190.00 HOUR
SUPER 10
95.00 HOUR
BOTTOMISEMI END DUMP
[ 105.00 HOUR
LOW BED RATE
140.00 HOUR
SKIPLOADER
170.00 HOUR
BOBCAT
158.00 HOUR
446D BACKHOEILOADER
185.00 HOUR
NEW HOLLAND BACKHOE/LOADER
170.00 HOUR
KOMATSU WHEEL LOADER
- -
185.00 HOUR
CAT 950 G LOADER
-
195.00 HOUR
JD 450 WITH BOARD
[ 167.50 HOUR
D-6 W Board
217.50 HOUR
CAT 308_EXCAVATOR
_ _
175.00 HOUR
CAT 313 EXCAVATOR
- -
190.00 HOUR
CAT 314 EXCAVATOR
_
1205.00 HOUR 7
CAT 325 EXCAVATOR 225.00 HOUR
CAT 321CLCR EXCAVATOR _--1 -M.00 HOUR_
KOBELCO SK300 LC1V EXCAVATOR 250.00 HOUR
CAT 14-M _MOTOR GRADER
_�90 00 HOUR
RING O MATIC POT HOLING MACHINE427.00 DAY or8_5.00_HOUR
_
VACTOR VACUME TRUCK 235.00 HOUR �-
T ZIPPER
_ ....
WATER TRUCK
_-....2 -..
220.__0.-00- DAY Bare -
COMPACTION WHEEL
_
30.00 HOUR -
COMPRESSOR W/ JACKHAMMER
260.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
-
_
.250.00 DAY
- - - -_
HYDRAULIC BREA_K_ER
60.00 HOUR 2,000 lbs
LIGHT TOWER
120.00 DAY
WACKER
120.00 DAY__
Zieman Trailer
--
-_---
V trash pump & hoses
120 00 day
6 x 16 Trench Box
_ _
_11 0._00
____
-_
or
4 x 16 Trench Box
110 00 d0ay ort170.00 week
--
or 505.00 month
8 )C24 Trench Box
200.00 DAY or 550.00 week
or 1,630.00 month
GCI CONSTRUCTION, INC. Page B-1
LABOR RATES:
Labor:
Regular ($):
Overtime ($): Double Time $
Laborer Grading
69.10
91.17
Operator Sewer
113.25
Laborer Sewer
69.91
92.31
114.71
Laborer Water
_._._ __-
70.25
92.79
--
115.33
Pipeelayer Grading
72.42
96.15
119.89
Pipelayer Sewer
73.28
97.36
121.45
Pi ela er Water
--
73.64
-
97.87
-
122.10
Operator Grading
93.40
125.17
1156.95
Operator Sewer
94.39
126.63
158_.88
Operator Water
� 94.81
127.25
� 159.68-
_ „
__
Foreman Grading
- _-
95.94
128.99
-- -
162.04
Foreman Sewer 196.97 1130.51 1164.04 1
Foreman Water 97.41 131.14 164.88
Truck Driver Grading 74.44__ 94.48 -_ 114.52
Truck Driver Sewer 75.34 95.68 116.02
Truck Driver Water
75.72 96.18 1116.64 - -- -- -
Mark up on labor: 20%
Mark up on equipment/material: 15%
GCI CONSTRUCTION, INC. Page B-2
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. 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 Agreement, 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.
2. 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, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident 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.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
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. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising
injury, and liability assumed under an insured contract (including the tort
liability of another assumed in a business 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
GCI CONSTRUCTION, INC. Page 1
Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
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 Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Contractor performs the Project
and/or Services contemplated by this Agreement 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 from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability,
and automobile liability, if required, shall provide or be endorsed to
provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which
ten (10) calendar days notice is required) or nonrenewal of coverage for
each required coverage.
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.
Insurance certificates and endorsement 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 Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
GCI CONSTRUCTION, INC. Page 2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) 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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement 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.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Contractor. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall
be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared
to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
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 Agreement, 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.
GCI CONSTRUCTION, INC. Page 3
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 Agreement, 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. Contractor's Insurance. Contractor shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
GCI CONSTRUCTION, INC. Page 4
fico
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
BEACH MAINTENANCE SERVICES
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 13th day of June, 2017 ("Effective
Date'), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and GCI CONSTRUCTION, INC., a California
corporation ("Contractor"), whose address is 1031 Calle Recodo, Suite D, San Clemente,
California 92673 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 desires to engage Contractor to perform on-call maintenance and/or repair
services for City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2020, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
ITTIS
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3, TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services underthis Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section, the Letter Proposal, and
the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Three Hundred Thousand Dollars and 00/100
($300,000.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
GCI Construction, Inc. Page 2
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Terry D. Gillespie to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
GCI Construction, Inc. Page 3
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
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 Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
GCI Construction, Inc. Page 4
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 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 Agreement. 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.
9.5 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 Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Contractor on an independent contractor
basis and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
10.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CaIPERS
member.
GCI Construction, Inc. Page 5
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
GCI Construction, Inc. Page 6
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. 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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
GCI Construction, Inc. Page 7
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
GCI Construction, Inc. Page 8
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Contractor shall indemnify and hold harmless City for any and
all claims for damages resulting from Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement 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.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Terry D. Gillespie
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
GCI Construction, Inc. Page 9
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
GCI Construction, Inc. Page 10
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GCI Construction, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a CaliforJ�ia mu ' ipal poral
Date:��u . �_ (ZoY� Date: b
By: (a=cr By:
Aaron C. Harp �^" °"0�l'r K in Muldoon
City Attorney, ayor
ATTEST:
Date:
►.Ill,��.,., �� �i/I��
Leilan! 1: Brown
Terry D. Gillespie
City Clerk
Attachments
CONTRACTOR: GCI Construction,
Inc., a California corporation
Signed in Counterpart
President
Signed in Counterpart
By:
Janet Gillespie
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
GCI Construction, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: Oe-,".—rz
Aaron C. Harp
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONTRACTOR: GCI C
Inc., a Califor is corporation
Date: July 26,7 _
By:_
Terry
July 26, 2017
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
GCI Construction, Inc. Page 12
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
.v.<.44_ .ci<.wl.a4 .w .442.44 .ci
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On �Z6I 2J\� before me, Aamina Tohmeh - Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Terry D. Gillespie and Janet Gillespie
Name® of Signer&
who proved to me on the basis of satisfactory evidence to be the perso s whose name(D iszare
subscribed.,to the within instrument and acknowledged to me that he/sheQbexecuted the same In
his/he heir authorized capaci ie , and that b rhis/heii thei ignatureQs n the instrument the person@)
or the entity upon behalf of which the persorifs executed the instrument.
AAMINA TOHMEH
`Notary Public - California
Orange County
Commission N 2181173
My Comm. Est im Soo 4 2020
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
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
Fl Other:
Signer Is Representing:
.-s_ 'ate 'y 'd '„ 'ate 'd 'e'4�v�c'✓4'acv4'ei4"a 'vN ei -d -ei -d -d 'v 'd 'v 'n -s -s 'a '✓ 'ei 'n' 'x6:•' 'aq 'd 'vc\a4 u4'v -u -
Q a • • •. ..1 1 1 • 1 • • iaa weirmvellira i • •iN11-TTIYA
EXHIBIT A
SCOPE OF SERVICES
Services. The on-call beach maintenance services contemplated by this Agreement
include, but are not necessarily limited to, the following:
1.1. Dredging. Contractor shall dredge sand at low tide and relocate the sand from
the water's edge up to the bulkhead in order to increase the height of the
usable beach and to help protect the seawall; tamping; and grooming the
beach.
1.2. Sand Importation. Contractor shall import sand from approved locations to
beaches in order to maintain public access.
1.3. Harvesting. Contractor shall harvest and/or stockpile sand from local so
to use as fill and/or sand ramps.
2. Site Locations.
2.1. Dredging and sand importation locations may include, but may not be limited
to: China Cove, Balboa Island, the Grand Canal, and other bay front beaches.
2.2. Harvesting locations may incluQe, but may not be limited to: the West
Newport/Santa Ana River storm drain outfall area.
3. Contractor Responsibilities.
3.1. Contractor shall be responsible for supplying all equipment, machinery,
vehicles, and personnel.
3.2. Contractor may be required to submit bond(s) for project and/or project
locations, depending on circumstances.
3.3. As beach access will most likely be the nearest street ends, Contractor shall
take the utmost care in order to prevent any damage to the seawall(s).
3.4. Contractor shall coordinate projects in order to take advantage of the lowest
tides that occur during the daylight hours. Work hours are as follows:
7:00 AM - 6:00 PM Monday through Friday and
8:00 AM - 5:00 PM Saturday.
No work on Sundays.
GCI Construction, Inc. Page A-1
There may be an allowance with the hours of operation depending on the tide
schedule, which shall require prior City approval.
3.5. Contractor shall avoid incurring any damage to the surrounding private piers,
piles, public seawalls, storm drains, shore moorings, utilities, curbs, streets, etc.
during operations.
3.6. On -shore mooring lines shall be removed and the boats attached to the
moorings shall be pushed to the side. Lines shall be returned to their original
state the same day.
3.7. Contractor shall maintain a minimum fifteen (15) foot distance from of any
eelgrass per California Coastal Commission and the Army Corps of Engineers
requirements. Absolute care shall be given so that no eelgrass is disturbed.
3.8. Contractor shall provide adequate personnel to ensure public safety around
streets, sidewalks, and any other areas of public access.
3.9. Contractor shall work in a professional manner.
4. City Responsibilities.
4.1. City shall assist Contractor in identifying eelgrass areas.
4.2. City shall be responsible for securing any agency permits required for any
Services or Work.
GCI Construction, Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Equipment Rates:
FOREMAN PICK UP TRUCK
$24.00 HOUR
CREW TRUCK
$38.00 HOUR
10 WHEELER DUMP TRUCK
$85.00 HOUR
SUPER 10
$95.00 HOUR
BOTTOM/SEMI END DUMP
$100.00 HOUR
LOW BED RATE
$126.00 HOUR
SKIPLOADER
$160.00 HOUR
BOBCAT
$139.00 HOUR
446D BACKHOE/LOADER
$165.00 HOUR
555E BACKHOE/LOADER
$150.00 HOUR
NEW HOLLAND
$150.00 HOUR
936 WHEEL LOADER
$160.00 HOUR
CAT 950 G LOADER
$180.00 HOUR
CAT 950 E LOADER
$165.00 HOUR
JD 450 WITH BOARD
$165.00 HOUR
CAT 307-308 EXCAVATOR
$165.00 HOUR
CAT 313 EXCAVATOR
$185.00 HOUR
CAT 325 EXCAVATOR
$207.00 HOUR
CAT 321CLCR EXCAVATOR
$199.00 HOUR
CAT 235D EXCAVATOR
$235.00 HOUR
KOBELCO SK300 LC1V EXCAVATOR
$227.00 HOUR
RING O MATIC POT HOLING MACHINE
$425.00 DAY
ASHPHALT ZIPPER
$270.00 HOUR
ARROWBOARD
$108.00 DAY
WATER TRUCK
$172.00 DAY
COMPACTION WHEEL
$29.00 HOUR
COMPRESSOR W/JACKHAMMER
$237.00 DAY
2000 MULTIQUIP TOWABLE
$215.00 DAY
GENERATOR
HYDRAULIC BREAKER
$52.00 HOUR
LIGHT TOWER
$102.00 DAY
WACKER
$102.00 DAY
Zieman Trailer
$23.00 HOUR
85.00 HOUR
Plus Teeth
Bare
2000 LBS
GCI Construction, Inc. Page B -1Y
4" trash pump & hoses $102.00 day
6x16 Trench Box $88.00 day
4 x 16 Trench Box $59.00 day
8 x 24 Trench Box $184.00 DAY
250.00 Wk/ 750.00 Mo
170.00 Wk/ 505.00 Mo
550.00 Wk/ 1630.00 Mo
LABOR RATES:
REGULAR:
OVERTIME:
DOUBLE TIME:
LABORER GRADING
61.85
82.11
102.36
LABORER SEWER
62.83
83.50
104.18
LABORER WATER
61.89
82.16
102.43
PIPELAYER GRADING
65.17
87.09
109.00
PIPELAYER SEWER
66.21
88.59
110.96
PIPELAYER WATER
65.21
87.15
109.08
OPERATOR GRADING
84.98
113.53
142.07
OPERATOR SEWER
86.24
115.37
144.50
OPERATOR WATER
85.04
113.60
142.17
FOREMAN GRADING
87.54
117.36
147.18
FOREMAN SEWER
88.85
119.28
149.71
FOREMAN WATER
87.59
117.44
147.28
TEAMSTER GRADING
64.98
82.98
100.98
TEAMSTER SEWER
66.03
84.41
102.78
TEAMSTER WATER
65.02
83.03
101.05
MARK UP ON EQUIPMENT/MATERIAL RATES 15%
MARK UP ON LABOR RATES 20%
GCI Construction, Inc. Page B-2
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. 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 Agreement, 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.
2. 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, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident 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.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
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. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
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
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
GCI Construction, Inc. Page C-1
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 Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees 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 from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
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. Insurance certificates
and endorsement 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 Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) 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
GCI Construction, Inc. Page C-2
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement 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.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
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
Agreement, 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. Contractors Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
GCI Construction, Inc. Page C-3
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to GCI
Construction, Inc. hereinafter designated as the "Principal," a contract for maintenance
and/or repair services, 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,
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 Dollars and _/100 ($ ), 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 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
GCI Construction, Inc. Page D-1
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 day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
GCI Construction, Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
nature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
GCI Construction, Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to GCI
Construction, Inc. hereinafter designated as the "Principal," a contract for maintenance
and/or repair services 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
'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
Dollars and _/100 ($ ) 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.
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
GCI Construction, Inc. Page E-1
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 day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
LIM
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
GCI Construction, Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
GCI Construction, Inc. Page E-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 6/16/17 Dept./Contact Received From: Joan
Date Completed: 7/31/17 Sent to: Joan By: Alicia
Company/Person required to have certificate: GCI Construction, Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18
A.
INSURANCE COMPANY: Great American Assurance Co.
B.
AM BEST RATING (A-: VII or greater): A+; XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
INV2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E 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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18
A.
INSURANCE COMPANY: Wesco Insurance Co.
B.
AM BEST RATING (A-: VII or greater) A; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
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):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
[II. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/17/17-3/17/18
A.
INSURANCE COMPANY: Security 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)
1M
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
7/31/17
Date
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.
Date