HomeMy WebLinkAboutC-8556-1 - On-Call M/RSA for Underground Utility Installation and Repair Services1
5
AMENDMENT NO. FIVE TO
03 ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
` WITH GCI CONSTRUCTION, INC. FOR
U UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS AMENDMENT NO. FIVE TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Five") is made and entered into as of this
30th day of March, 2023 ("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 12, 2018, 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. On June 25, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services or Work not
previously included in the Agreement, and to increase the total compensation.
C. On September 14, 2020, City and Contractor entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to extend the term of the Agreement, to
increase the total compensation, and to update Insurance Requirements (Exhibit
C) to the Agreement.
D. On April 27, 2021, City and Contractor entered into Amendment No. Three to the
Agreement ("Amendment No. Three") to extend the term of the Agreement, and to
increase the total compensation.
E. On September 27, 2021, City and Contractor entered into Amendment No. Four to
extend the term of the Agreement, and to increase the total compensation due to
an increased volume of Work.
F. The parties desire to enter into this Amendment No. Five to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
June 30, 2023.
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 June 30, 2023, unless terminated earlier as set forth herein."
GCI Construction, Inc. Page 1
2. 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 seq., 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."
3. 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. Five to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: '�4v �j
ron C. Harp
Cf y Attorney o3'�
ATTEST:
Date: o- '
By: 4 wi,
Leilani I. Brown
City Clerk
<71
CITY OF NEWPORT BEACH,
a California 7unicipal corporation
Date: ul Z
By:
Gr cPanager
Leung
it
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:
By:
Alan Aristondo
Chief Executive Offic�x,
Date:
Richard Kay
Chief Financi icer/
Assistant Secretary
[END OF SIGNATURES]
GCI Construction, Inc. Page 3
CONSTRUCTION, INC.
Attn: Craig Auger
City of Newport Beach
Project: Lido & Oporto St Box Repair
ITEMS
1 Mobilization
2 Remove and Replace Catch Basin Top
3 Traffic Control
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
1/12/23 2:35 PM
QTY UNIT TOTALS
1 LS 1,250.00 1,250.00
1 LS 10,000.00 10,000.00
1 LS 1,200.00 1,200.00
Grand Total $12,450.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on
plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.
Notes:
- Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work.
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
- All items of work listed above to be done concurrently, Otherwise additional cost will apply.
- Bond available at 1.8% of the total bid.
CONSTRUCTION, INC.
Attn: Craig Auger
City of Newport Beach
Project: Lido & Oporto St Catch Basin Repair
ITEMS
1 Mobilization
2 Remove and Replace Catch Basin Top
3 Traffic Control
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
1/12/23 2:32 PM
QTY UNIT TOTALS
1 LS 1,250.00 1,250.00
1 LS 9,000.00 9,000.00
1 LS 1,200.00 1,200.00
T&M NTE $11,450.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on
plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.
Notes:
- Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work.
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
- All items of work listed above to be done concurrently, Otherwise additional cost will apply.
- Bond available at 1.8% of the total bid.
Invoice
CONSTRUCTION, INC.
License No. 755356A
GENERAL ENGINEERING CONTRACTOR
Bill To: CITY OF NEWPORT BEACH
100 Civic Center Drive
NEWPORT BEACH, CA 92660
obNo�ConGCI J�ract No.
694 694
EWT 14025
EWT 14026
EWT 14024
EWT 14023
EWT 14072
1031 Calle Recodo Ste. D
San Clemente, CA 92673
Phone: (714) 957-0233
Re: Manhole Repairs Balboa Island
127 Amethyst Ave- Alley Behind
Customer PO
Description
Invoice Number
1039
Invoice Date
10/31/2022
anent Terms 11 Due Date
Net 30 Days
Subtotal $
Sales Tax (if applicable) $
Total Due $
11/30/2022
Price
3,488.70
4,587.26
5,742.31
5,584.36
1,082.53
20,485.16
0.00
20,485.16
Thank you for your business!
Ln
ry
o
ff
-i
"�v
n
-i
n
M
00
O
OZmmN
=
ai
a
M
M
M
WQN
M
O
WNti
N
Dp
-
--
---
-
g
00
M
U)
�
O
O
w
O
i
o
^
00
M
_
o
M
w
0
0
O
®
O
O
O
cc
O
O
O
m
>°3
�
o
Z
O
00
w
Y
1l1
ul
f+J
O
=
3
z
--...--
---
-
----
--
- -----
-
-
-
---
j
w
M
NN
--
----
_
---------
_ -
_
N
0
`
a
O
N
N
0
Q
>
w
5
LL
o
z
E
¢
Y
o
°-
2
z
(J
u
LL
a
Q
Q
--
w
¢
~2'
--
---
------
E
m¢p�
d
oYC
O
�
°
g
Q
aLu
U
aOO-
O
OO
1
QOXJQC
Co1/1
O-a'
O
E
O
O
uu
O
s
O
E
O
se
mZ
(v
Ou
O
Q¢wC3
F
Q
QaO�
00
O
�_VQFfK�
ImoQw-
O
lmD
l000
z
N
1
ID
l
?
N
w
00
M
O
N
r,
G1
00O
00O00
�
n=
V
ooN
N
N
K
a
O
WZ
O
U
`"
o
Gl
u
� __.-
O
!+i
�j
__-
Z
-.__—
0
__—
—._.
__t5
M
�
Z
u
7
tD
C
Ma
z
Z
w
1
"aQ
i
F'
O
Ou
O
O
u
(,J
LL
°
Z
u
N
d
j
w
Q
w
Cf
aj
C
fC
W
n
°
't
°
O
uZi
a
O
J
Z
c
~
M
Ou
O
U
N
i
a
2
M
-o
Q
°
�
u
iy
V
01
Y
y
_a
a
M
n
J
w
0
O
"L
J
J
M
C
eti'
3
H
~'
Z
n-
c
O
to
N
V
n
°
�
O
O
F-
Lf)
C\l
O
d'
O O
z �
0 O
y ti
c U
0
L61
to
C"�
�oU
� L)
ED
LJ
L�1J
o
w
J
m
Q
LLJ
o
0
L�
_ Q
_j
V
r--
rn
w
U
ce)
CC
O
ALE
Q
CD
CD
�11-
Cr
a
4
z
0
C-
U
Cl)
LU
o�
�r
�z
_
�o
w�
J
�a
_„�"
f--
Q Z � � O 2 q m �
d
os
Fw ¢ CL
¢ q ¢ a w
� d cc cc:
CD CD U O
ClC] CDm
` _ �
�
rr� m m �
w m
¢ o c-D cn wCD u..
_
CD F-
r
w
w
r
m
CD
�
r
C7
0�
C7
m
C7
m
Cl)
[C
o
m
R
m
4
J W i
q
C]
H
4
Q F
`1
V
r
az
o z
o
w4
w �
�r
w
J C)
o
a
o
a o a
J
U
�+
U Z
C7 CD
cc
�L+
LU
s
m
> w
n.
w
m a z
CL
w
f/] S
w
�
�
1
a a
¢
'
Iz
z
w
J
Customer# Sold To
INVOICE
1003066 1003066
I�I.eNI°
Ship To Bill To
5530748 1A43066-
' Invoice No:
95631859
Invoice Date:
09/27/2022
EXPECT MORE ... WE DELIVERI°
Invoice Amt:
1,122.77
Southwest Concrete Products, A CalPort!andO
Company
INFFTIV:YE
Invoice Due:
10127/2022
Phone: S40 469-8010
PAST R
Sustained Excellence
E-mall: cust_servico@calpod!and.com
Bill to:
GCI CONSTRUCTION INC
Ship to.
GCI CONSTRUCTION INC
1031 CALLE RECODO STE D
JOB CONTACT IS MICHAEL #909-489-3429
ISAN CLEMENTE CA 92673-6269
'3400 PACIFIC VIEW DR
• USA
JOB NO 694
CORONA DEL MAR CA 92625
Customer P.O.
Oust Order # Pro
ct/Order # Sh! ad Via Terms
Due Date
190 JOB 694 ALAN : 16421 R90
Pre Id
Net due 30 da a
10/2712022
Ship Date
a Ticket -
Plant
Prod Num
Description
UOM
Quantity
Unit Price
a
` . Gmss Price
Number
Shipped
09/27/2022
808679400
343P
FCP602436XR
24X3X6 GRADE RING
EA
6
29.00
Y
174.00
SEWER
09/27/2022
808679400
343P
FCP61482424N
48X24X24 CONE - NO S'I'EP
EA
2
195.00
Y
390.00
6" WALL
09/2712022
808679400
343P
TCP45CONSEALlX
CONSEAL VX14.50' COILS
RL
2
11.00
Y
22.00
14.5
CS-102
09/27/2022
808679400
,343P
;04000271
DELIVERY CHARGE - ZONE
EA
1 (
456.00
Y
456.00 '
THREE TAXABLE
base include invoice number
on checks & copy of invoices
WWW
Qt on
REMIT TO:
CALPORTLAND COMPANY
PO BOX 847409
LOS ANGELES CA 90084-7409
USA
State & L I Taxes 750 °/ SUBTOTAL:
We impose a surcharge of 2.250/6on the transaction Tax
amount on all credit card products, which is not Total
greater than our cost of processing. We do not
surcharge on debit cards.
Thank you for your business!
1,042.00
80.77
1,122.77
REPRINT Page: 1 OF 1
1100 Bristol Street, Costa Mesa, CA 92626
Phone: (714) 556-1500
G9T21463-40
GCI CONSTRUCTION INC
1031 CALLE RECODO
SUITE D
SAN CLEM ENTE CA 92673
ANAHEIM
714-772.5444
BUENA PARK
714-522.2064
CAPISTRANO
BEACH
949496.6766
CORONA
951-278.4000
COSTA MESA
714-556.1600
LAGUNA BEACH
949494.6538
LAKE FOREST
949.830.3600
LOS ALAMITOS
562.346.2100
PASADENA
626-993.2100
TORRANCE
424.360.3000
INVOICE
JOB NAME 92722
.... ...................... .........
SHIP TO
CUSTPO# 92722
ORDERED BY BRIAN GROVES
SALESPERSON JOSE BASTIDA
QTY
SIZE
LENGTH
DESCRIPTION
FOOTAGE
PRICE
AMOUNT
10
55#BAG (BROWN
MORTAR MIX (STUCCO)RAPIDSET
17.79 E
177.90
1
34461
RND POINT SHOVEL WD
31.49 E
31.49
1
34461
RND POINT SHOVEL WD
31.49 E
31.49
1
48-00-5788
5PK 9" 18T TORCH BLADE
22.99 E
22.99
1
48-00-5026
5PK 9" 5T AX BLADE
26.99 E
26.99
1
FNWTTD—DZ
12PK WHT TERRY TOWELS
9.49 E
9.49
1
834501-1001
FLEXOGEN HD HOSE 3/4"-50'
47.99 E
47.99
DO YOU
CARRY FIBERGLASS REBAR...
PRICE CODES
Please ReGilt TO:
SUBTOTAL 348.34
E
E=100
GANAHL LUMBER COMPANY
CARTAGE
CA LUMBER TAX
=Eac
Pleecs
Races
L =Lineal Fes
FOOTAGE---
C-100Llnar Feet
1100 BRISTOL ST
TOTAL
SALE3TAX z7.00
INVOICE
B=loNNSquareFW1
M = 1000 Brand
DTP " , �+ 92626
Past
B =1000 Square Fad
TOTAL 375.34
TERMS: All Nils us due & payable at the go listed on or before the 201h of the norm f ebring purchase. If payment Is not madepumuand to the torn of Lease Lumber, a late payment charge (liquidated damago tee)
of 1.5%per month, or the highest rate legally allowable in Callfomia, will be applied to d acmuMs not paid by (he end a[ the month I lardng purchase. NOTE As required bylaw, you are hereby notified that lfyou fell to
full the termed year credit obligalons With Ganah] Lumber, a negative report maybe submitted to aarait reporting agency. This mail report may egecyeur alsllity to establish credit with other companies.
O
N
Q
LID
O
l0
LID'T
�Q
w
H
^
n
N
+�
w°
M
w
zr
N
M
�-I
N
4ti
�
v
W
01
d
—
00M
~
a
d
O
J
<D
_
O
m
O
O
Y
O
O
m
>
3
Y
>
00
00
z
u
=
3
g
z
lO
00
0000
r
O'
O
c�
v
LL
a
J
Z
Q
W
J
Q
F
Y
U
0
z
oC
E
¢0�
<
a
Lot
cz
00
5
2
ww
o
0)o
Y
v
p�
g
0
0
0
2
O
O
J
o
c
c
0
j?
LU
0
0
0
3
m
0
0<
O
U
Q
@
0
a
n
0
to
v
W
O
O
N
01
z
N
Qi
O
00
w
LO
[?
d'
Z)
O
0)
wtt
O
md00'
wWN
m
N
0
d
J)
Q
d
N
>
O
O
"
I\
wFay0wa-
O
O
f0
M
MUO7i
pw
V001
Qp
zUrl
Oo
O0
'
O
?
Z
-N-OO_-.-
Q
QZ0
to
cr
z
w
O
O
O
Iz
j
a
M
w
j
ICI
Q
7
C
w
Cf
O
F-
u
O
w°F
W
ii:
�
jou
Jac
Z
�
aap
b
oE
O
O
O
O
O
U
ri
Ui
I�
0
U
M
co
0
O
O
F-
>
H
N
CS]
C\!
O
d'
T-i
l�
i�
cc
LU
I
CD
`x a
_4
LLI
w
cc
� o
V
Q W W
V
O o
m
LO
ti
�
o
z
w
u]
U
sL2
C9
a
k'
LLI
r
C
O
/�
!4`
�
�
® LQ
�
c
o
cn
0
C, LJJ L.L I
Y
=GCS
a
o
LU LJJ
J
,
C\1
L
cc:
CD
oaten
LU
CD
Q
r
Z
91
a
�
U
O
o
w
r C/J
Zv
o
oci�
�z
H d
LL W
F
d z a cC d a cC ~
m
5
d m
V
d o � �
r
d
v7 LL p
ca m m
�U
C17 Q
Q p VJ Lei
CD rl O
CD
= d
� ^s
o { x Q
a
CDw
cc
o
¢
H
o
w x
a F-
cm
Ir-
o
CD
�
w
o [c
o
d�r, F-
w d " '
L VV F-
x o o �
x
F-
O
H
�
4O
v
�
Q
�
J�
W�
Wo
o z
�
wo
W O
X <
w
Q
w a
V
a
W
a
o
W
¢
o
¢
d
2F
z
�
d
J
v;
CDH
a
z
d
a
?
Q
o
y
coo
Ma
s
!
LL
= a
OaC
1
O
W
Q
S
CD
m
Cp
of
�
]
LLI
m
z
LLJ
s
LIA
a'!r1
Z
°C z
m
w
=
f/]
d W
W
Y
IL
IL
W
6V
~
�
J
!�w0jV
rMWAMS y Y
PO Box 5055
Garden Grove, CA 92846
Bill To
GCT Construction, Inc.
1031 Calle Recodo. Ste D
San Clemente, CA 92673
Invoice
Date Invoice #
9/30/2022 _5724
P.0 No.
Serviced
Ticket No.
Address
Hours
Rate
Amount
9/27/2022
9/28/2022
9/29/2022
14716
9045443
5782956
3400 Pacific Vie%vDr, CDM
Thank you for your business!
6
9
9
115.00
115.00
115.00
690.00
920.00
920.00
Total $2,530_00
Phone #
Checks Payable To:
Olson Canatsey Trucking
Fax #
E-mail
714-821-3756
7I4-459-8945
octrucking5055(rJgmail.com
N
yOj
F
m
O
m
m
OO
N
r
M
Mw
O
ItI�
LD
�
kn
0
7
dt
V
m
d'
1�
¢
�
-
-
vi
g
00mvt
s
yJ+
W
~
O
O
QQ~
O
I,
r
0
o
y
O
I-i
W
O
W
0
O
0
O
0
O
m
O
Z
N
p
0
0
y~j
cc
Y
W
DO
Op
Y
p
0
Z
a_
w
N
Nko
Z
Oat
O
m
m
z
¢
c
m
a
o
Y
0
°
2
z
Q
U
---
._-
u
a
L
P
W
J
Q
cr
O
UI
E
m
Q
O
0
g�
omQ
0
S
o
LL
LL
3
Lou
o.
5
V
o_
o
a
o
0
m
0
Hf-Z2
0
Q
a
o
3
g
^
0
O
=
O
O
H
_
�i
o
c
ma
>
x
j=
Q
LU
_
a
U
0
—
—
LL
Oo
o
N
r
T—
-O
w
Fes-
Z
O
N
Off
N
Z
O
N
t6
m4
d'
D
O
O
d'
N
rw
O
m
V
i+1
.-i
�
r
0
Q
a
M
a
N
mm
w
w
o
o
m
m
7
a~a
ci
N
Oi
N
=CL
y
V
�n
rn
o0
o
3
c
�
00
00
w
N
Z
axi
0
N
0
0
O
W
3
.�'
._
E
_
o
w
o
Z
I
o
-
u
p
w
p
--
Q
Q
V
C
7
V)
lG
N
f-
I-
Z
O
Z
Z
w
C
O
'O
0
Q
U
o
LL
,c
o
Z
O
O
a
j
OC
C
M
w
v
w
a
0
s-
N
O
u
o
a_
c
K
w
CC
O
V
:n
v"
OVJH
rq
a
Q
OV
M
C
UC7
n
o
o
`oo
.
O
OuJ
k
0
V)
wu
m
-2
>
Cwl
CD
d-
• i5
CD
1L.
cc
LU
�I~ '
CC —.9 r�
Q
Q
o
0
LU
W �
¢ n o
Y W
6
Q c
z W W
0 o a a
W
H
C r,
Z y CD
— CV
CD
2CDcj
F- �
V W La
CC
W Lu
� J
Z Q Lu
V V
CD
T
T N
E
O
O
0
N
N
0
in
ti
2
Cc
0
0
w
cr
0
U-
cc
a
Y
O
o�
oz
zCD
X-CD
XQ
s CD
W H
zE
,
W o D 2
c� O U ` CLD
n
J Q J F—
Q L�
" 4 O O
C
U
W
H
U
W
F
tow
W
F—
F
CD
W
o
CD
o
w
o
w
o
~ U CD
J j�
O
o
o
¢
o
¢
¢
¢
¢
q hey\(
H
O
H
O
OC Q
yj
i
ee
S
m
ri.
4
c�
pif^wYI
CD
1.
Q
O
Cl
W
w
4
Ir
Ir
/�
•
J
a
¢
6
W
C
Q
}
S
F-
C/J
C3
v
4
z
f
z
m
S
Vn
CDH-
y
o ¢,
d
DC
Q
a
a
o
=WCD
�
z
�
o
c�
m
-
m
I
m
t
} w
m }
LLf
Q
C Q
G
ff ~
<
LU
}
b]
Ld cr
CL LL
�
"
a
LL
rc
LL
.�iftTSBY
TH!!CK/NG
PO Box 5055
Garden Grove, CA 92846
Bill To
GC1 Construction, Inc.
1031 Calle Recodo, Ste D
San Clemente, CA 92673
Invoice
Date Invoice #
9/30/2022 5724
P.O. No.
Serviced
Ticket No.
Address
Hours
Rate
Amount
9/27/2022
9/28/2022
9/29/2022
14716
9045443
5782956
3400 Pacific View Dr. CDM
Thank you for your business!
6
8
8
115.00
115.00
115.00
690.00
920.00
920.00
Total $2,530.00
Phone #
Checks Payable To:
Olson Canatsey Trucking
Fax #
E-mail
714-821-3756
714-459-8945
octrucking5055crgmail.com
N
H
O
M
®
W
ti
W
io
Lqti
O
O
Z
n
N
O
m
N
00Rt
W
00
lmp
l0
c-I
l�D
d'
m
00
Ln
00
m
v
o
o
W
c-I
rl
ci
J
LO
�
*
K
F~a
O
r,
n
o
0
=
O
Ln
W
0
0
0
0
W
O
O
O
O
O
cc
Z
to
W
O
O
O
W
=
Y
O
m
O0
fY
=
3
z
------
---
—
—..__
LL
D
W
o
O
O
y
m
m
rn
g
v
z
N
Y
m
Lo
r
CC
W
¢
O
Q;�
cc
O
w
O
O
m
Q
W
.0
K
LL
LL
c
5
�
o
�
O
O
O
G
y)
S
E
O
Of
c
*
a
0
0
H
O
4-
"6
X
O
U/
0
LY
o
m
m
j
0
0
d
d
o
-
---
o
—
_
m
w
H
H
H
u
a
o
-
m
`�
OO
O
m
O
°°
c
m
Z
awl
Z
Ln
two,
t1Dn
L
O
N�-I
co
=
N
Z
`
m
�
O�1
r,
Ln
LD
ON1
�
'a -I
Ln
0
to
._-
U
vi
Q
Q
_
N
>
O
O
I�
m
o
F
O
o
m
v
m
a
m
s
vNi
o
—
f].
E
0
n
J
00
00
00
-
__—
_.
Z
°
�
`r
w
m
CON
a
p
O
O
O
w
O
m
N
d
_
0
z
N
U
(D
¢
u
3
t0
adc
�
~
C
to
N
H
—
O
01
Z
Z
w
L
00
U
O
O
U
LLo
I
O
m
a
Tj;wu
M
d
=
C
C
E
L
�
-00
w�
Q
N
o
Y
O
CL
w
QJ
mOJ
m
C•O
U
jO
ZC
w
U
O
U
v
u1
a
w
vU'
y
rn
•�
a
E~
x
w
wY
G
U
O
0
OO>
lN
m
C1J
CD
il
LU
�f
�
MQM
w
LLI
p
w
v
J m
d o
¢
z
o
w w
ca a
i r
Q
CD
rn
LO
u7
r
ti
O
Z
LLJ
V7
W
U
J
V
LLI
Ir2 j
_
, J
CR
® 0
C� 0 LL!LLJ
CD
LL
O
L
00 LI �'
Co
CD
CD
Z LLJ
Q -j r
0
oc
LU
0
1�4Z ti
CC
CD
d
a
cn
0
o�
w�
O Z
Z p
W p
X �
wa
y
I�
t
7
CC J 7 S N J U?
� ¢
w Fp- Ca
¢ w Ccr
Q H d
rl~j 4 fl w ZO C/3
O
U O
ry
fiJ�
J V] U -D F
V]
a U J O
oQ
¢ a
o
_
p p �/�
w
s
F-
o
w
¢
r-
o
r�u
CD�-
CDF.-
o
cn
w
cr
F-
o
w
cc
o
CD
o
U Y 0
a
F-
0
F-
0
o
a C13
J
rta
J
:
O
U
a z
~
o
o
TFF-
0
0
J
CD
Z
w
w ¢
w a
x
w
.9
�
IIT
�
o
l
�
J
a
C) cc
C5
�—
UJ1
J
d
U
_
S
H
C
Cw]
7
Z
Z
m
J
m
cc
CD
co
o aCD
0
1
LL[
H
4
Z
cm
LLLI
-
-
m �
d
a
p
-.
LL I
z
d w
�
�
J
LLLu
�
�
I
¢ Cl)
Lu
Ln
I V
a s
a
LU
s
.�
z
OUnited Rentals° I II III IIIIIIIIIIIIII II II
RRANCE 550
525 S MAPLE ST
CORONA CA 92878-3202
951-735-9320
951-735-2293 FAX
694
43
m 3400 PACIFIC VIEW DR
CORONA DL MAR CA 92625
A
h Office: 714-949-4330 Cell: 951-907-2003
GCI CONST INC COSTA MESA CA
1031 CALLE RECODO GTE D
SAN CLEMENTE CA 92673-6269
II RENTAL
REEURN
INV
Customer #
: 364562
Invoice Date
: 09/30/22
Rental Out
: 09/30/22 06:44 AM
Rental In
: 09/30/22 04:47 PM
UR Job Lee
: 3400 PACIFIC VIEW DR
UR Job #
: 164
Customer Job
ID:
P.O. #
: 694
Ordered By
: ALAN ARISTONDO
Reserved By
JASON SPERRY
Salesperson
MIKEAL BERNARDO
Invoice Amount: $622.07
Terms: Due Upon Receipt
Payment options: Contact our credit office 88&481-2660
REMIT TO: UNITED RENTALS(NORTH AMERICA),INC.
P.O. BOX 051122
LOS ANGELES CA 90074-1122
RENTA4tyL ITEMS:pm— --�
Equient Description Minimum Day Week 4 Week Amount
1 10677345 TRUCK DUMP 5 YARD CDL 566.00 566.00 1,589.00 3,972.00 566.00
Make: INTERNAT'L Model: 4300
Serial: IHTMMMMNXJH557863 Meter out: 32617.00 Meter in: 32694.00
Rental Subtotal: 566.00
SALES/MISCELLANEOUS ITEMS:
Qty Item Price Unit of Measure Extended Amt.
1 ENVIRONMENTAL SERVICE CHARGE
COMMENTS/NOTES:
CONTACT: ALAN ARISTONDO
CELL#: 951-907-2003
[ENV/MCI) 11.320 EACH
Sales/Misc Subtotal:
Agreement Subtotal:
Tax:
Total:
11.32
11.32
577.32
44.75
622.07
Effective January 1, 2021 and where permitted by law, United Rentals may impose a surcharge of 1.8% for credit card payments on
charge accounts. This surcharge is not greater than our merchant discount rate for credit card transactions and is subject to sales
tax in some jurisdiction..
NOTICE: This invoice is subject to the terse and conditions of the Rental and Service Agreement, which arc available at
httpsi//www.vuitedrentals.cam/legal/rental-service-terms-US and which are incorporated herein by reference. A COPY OF THE RENTAL
AND SERVICE AGREEMENT TERMS ARE AVAILABLE IN PAPER PORK UPON REQUEST.
page: 1
27
v a
INVOICE
ALL AMERICAN ASPHALT
Invoice #
EQUAL01TOKrUNiTVEMN-0YER
ALL AMERICAN AGGREGATES
AN
Invoice Date
09/30/9
09/30 /22
400
E. SIXTH ST., P.O. BOX 2229, CORONA, CA 92878-2229
T 951-736-7600 F 951-739-4671
Page: 1
Job
Number:
6713923
OCT CONSTRUCTION INC.
733
Job
Address:
3400 PACIFIC VIEW
DR
1031 CAJ,E RECODO
SUITE D
Job
City:
CORONA DEL MAR
SAN CLEMENTS
CA 92673
Quote #
6713923
P.O.
# :
193
--------------------------------------------------------------------------------------------------------------------------------
Cost
Job #
694
Unit Unit Env
Haul
Haul YET
Product
Ticket # Date Description
Units U/M Price Total Fee
Tax
Rate
Total
Total
10155607 09/30/22 III C 3 PG 64-10
4.02 TN 74.57 299.77 10.00
24.01
8.12
136.04 20.71
492.53 * S
B=BOTTOM DUMP E=END DUMP F=FOB P=TRUCK & PUP S=STRONG ARM T=TEN WHEELEMTRANSFER
* minimum haul rate applies x transfer rate applies
Tons Taxable Tax -Exempt Env.Fee FSC 15 Sales Tax Non -Taxable Invoice Mount
8 �
(Material) (Material) (Haul)
4.02 TN 299.77 .00 10.00 20,71 24.01 7,75% 138.04 492.53
Terms: Payment due by 1 oth day of month
following month of delivery. 1% service ORIGINAL per month on accounts past 30 days.
r^
F
O
ON
w
O
lD
It
Ln
Q
2
M
M
m
O
O
W
ON
^
d'
O
H
C)
NO
0
I�
cW
C
�
H
F
M
O
0
Oco
Y
~
N
O
m
O
0
It
�
>
3
Y
M
K
N
Z
H
_
3
Z
O
0
a
0
0
o
u_
CI
u
o
o
w
z
a
o
Y
z
g�o�
con
Lou-
m
W
o
0
0
Q
g
Q
OaC
E
o
oc
N
p
p
a
a
F
X
Z
N
t
w
Y
Y
Q
W
U
o
a
a
cc
cr
~
W
o
o
m
o
V
Oo22
a
a
_
F-
J
7-77
�
N
w
Li
Z
O
O
Vf
N
Z
7
N
N
00
O
Ol
N
n
'O
O
N
L(1
Ln
L
m
c
H
o00
m
a
3
N
N
O-
p
N
Y
>
a¢
U
m
W
I-
p>
O
K
w
p
a
U
a
W
Z
Z
a
a
a
C
Z
Z
w
OU
a
1.1
z
V
al
Y
M
v
w
a
N
v
w
i
N
N
E
0
a
w
wU
F-
E°
W
Z
a
v~
c
m
�
Q
�u
C
V
a)M
a
o.
a
w
U
U
01
.0
a
n
w
OQ
ly
M
C
-zr
L
Q
~'
til
U
O
'^
3
I-
Z
O1
Fa-
H
C7
.�-i
u1
I�
o
°
O
O
O
>
CV
r—
O
ca
LU
0—i
? N
CM
0 a
0
C.� 4u LU
LJJ LU
C J
2 Q LU
C J
V C-)
T �
co
Q
to
LO
m
LO
ti
O
w
U3
z
Cu
U
J
F
0
U
0
c*)
cv
N
0
ti
rn
V-
z
d
Cc
CD Cc
O
O
w LL
o
o
LU F-
LU
CL
VJ
LLI
o�
oz
z�
w p
X <
w Q
t\
¢ Z Q Z Q ~
O
�
iL
O m
4 a r U
Q Q Q 4 W
iVYJ
r w w z a z
C_n
cn o o o
� w
Q O
p
Y
�
z�
o Q
w
w
CDF-
w
w
w
-
�1n
N-1 CD
r
r
r
r
r
—
F
r
¢
O
CC
O
CC
O
or
10
IV
101
m
U
CC
O
m
O
r
O
H
C3
O
C U
a
n
m u_
J �
1rJ11
U
0
m
J
V)
1
w E
Z
w F-
O ZEE:
Gl
Z d w
o
�
w U
r
r
w ¢
¢
wcc
x
J
uc
o
cX
w
oc
Z:l¢
w
o
a
o
a
4 m
z
oC
o
U
J
w
z
V
J
Z
a
`J
C�
m
d
¢
[]
cr
CD
J
o
CD
Q
w
d
o
_
W
c
H
Q
o
m
m
7
�
ccm
m
C
¢
CL
m
< z
w
cn
m
IC LU
Cc
w
`
z
71-91, LLC
4010 West Chandler Ave
Santa Ana, CA 92704-52C2
Invoice
U ._.>!
GCI Construction Inc.
1031 Calle Recodo, Suite D 1031 Calle Recodo, Suite D
`San Clemente, CA 92673 US San Clemente, CA 92673 US
11 111 11 lllllllllElllllll llllll
136
9032
1 D117122
11/17/22
Due Upon Receipt
10122101
1
Ticket W225 STONE HILL
DIRTWIASPHALT
650.00000
1.000 050,00
10122101
2
Ticket#b6225 STONE HILL
DIRT
250.00000
1.000 250,00
10722101
3
Ticket#W241 J#W1r,<4tI
CONCRETE
500.40000
1.000 500.00
10122101
4
Ticket#M244 STONEHAVEN
DIRTWIASPHALT
650.00000
1.000 650.00
10/22101
5
Ticket466287 STONEHAVEN
DIRTWIASPHALT
650.00000
10M 65000
Notes:
Pfease make checks Payable to: 71-91. LLC 7ota� 2,700.00
5a1w Tax
Go Sukut Development, Inc. Less Retain, e
4010 West Chandler Ave. 2,700.00
Santa Ana, CA 92704-5202
If you have questions about the invoice, please tali Jeff at 714-460-1015 or by email at igotden @sukui.com.
Page 1 of 1
LA AMENDMENT NO. FOUR TO
Ln ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
00
WITH GCI CONSTRUCTION, INC. FOR
UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS AMENDMENT NO. FOUR TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Four") is made and entered into as of this
27th day of September, 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 12, 2018, 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. On June 25, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services or Work not
previously included in the Agreement and to increase the total compensation.
C. On September 14, 2020, City and Contractor entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to extend the term of the Agreement, to
increase the total compensation, and to update Insurance Requirements (Exhibit
C) to the Agreement.
D. On April 27, 2021, City and Contractor entered into Amendment No. Three to the
Agreement ("Amendment No. Three") to extend the term of the Agreement and to
increase the total compensation.
E. The parties desire to enter into this Amendment No. Four to extend the term of the
Agreement to March 31, 2023 and to increase the total compensation due to an
increased volume of Work.
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 March 31, 2023, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONSULTANT
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 and subcontractor fees, shall not exceed One Million Two Hundred
Fifteen Thousand Dollars and 00/100 ($1,215,000.00), without prior written amendment
to the Agreement. from City."
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 subcontractor fees, in an amount not to exceed One
Hundred Twenty Thousand Dollars and 00/100 ($120,000.00).
3. 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 ATTOR EY' OFFICE
Date: Z
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: OCT 26 9071
By: ZZ By.
-
.24 n C. Ha A�w .24 -I'A Gr e Leung
ity Attor ey City anager
ATTEST:� �1 CONSULTANT: GCI CONSTRUCT
Date: INC., a Californi orporat' n
Date: i0%l /�
� 1
By. By.
Leilani I. Brown Terry D.(GilleslAle
City Clerk Q;4 / President
Date: &h Wzi
Richard D. Ka
Secretary
[END OF SIGNATURES]
N,
GCI Construction, Inc. Page 3
v� AMENDMENT NO. THREE TO
'n ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
V UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICE
THIS AMENDMENT NO. THREE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this
27th day of April, 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 12, 2018, 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. On June 25, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect additional Services or Work not
previously included in the Agreement and to increase the total compensation.
C. On September 14, 2020, City and Contractor entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to extend the term of the Agreement, to
increase the total compensation, and to update Insurance Requirements (Exhibit
C) to the Agreement.
D. The parties desire to enter into this Amendment No. Three to extend the term of
the Agreement to December 31, 2022, and to increase the total compensation.
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 December 31, 2022, unless terminated earlier as set forth herein."
2. 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, 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 and subcontractor fees, shall not exceed One Million Ninety Five
GCI CONSTRUCTION, INC. Page 1
Thousand) Dollars and 00/100 ($1,095,000.00), without prior written amendment to the
Agreement. from City."
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 subcontractor fees, in an amount not to exceed Two
Hundred Twenty Five Thousand Dollars and 00/100 ($225,000.00).
3. 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 ATTO NEY'S OFFICE
Date: st ?Wzav
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: � % .&,/ ,/ By:
Aaron C. Harp Nm„o'4'0111 E
City Attorney R
ATTEST: CONTRACTOR GCI CONSTR 'TION,
Date: �•%�•��.� INC., a Califonja corporation ;
Date: 11 BUD
r
By: By:
Leilani I. Brown Terry b. Gill spie
City Clerk Chief Exec tive Officer / President
��W P
Date: A-
ro
e
n B
v z a
Secretary
�c��oaN
[END OF SIGNATURES]
GCI CONSTRUCTION, INC. Page 3
CONSTRUCTION.INC.
Attn: Mr. Tom Miller
City of Newport Beach
Project: Via Lido (a7 Via Antibes Stirm Drain Replacement
ITEMS
1 Mobilization
2 Replace 15" CAP with SDR35
3 pour collars and pipe end collar
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
3/3/213:42 PM
QTY UNIT TOTALS
1 LS 2,500.00 2,500.00
19 LF 680.00 12,920.00
3 EA 1,500.00 4,500.00
Grand Total $19,920.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on
plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.
Notes:
- Retention withholding will be 5% max. Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work.
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
- All items of work listed above to be done concurrently, Otherwise additional cost will apply.
- Bond available at 1.8% of the total bid.
CONSTRUCTION.INC.
Attn: Mr. Tom Miller
City of Newport Beach
Project: 2609 Cove Storm Drain Replacement
ITEMS
1 Mobilization
2 Replace 12" CAP with 12" PVC SDR35
3 pour collars and pipe end collar
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
3/3/213:41 PM
QTY UNIT TOTALS
1 LS 2,000.00 2,000.00
175 LF 114.00 19,950.00
3 EA 1,400.00 4,200.00
Grand Total $26,150.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on
plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.
Notes:
- Retention withholding will be 5% max. Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work.
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
- All items of work listed above to be done concurrently, Otherwise additional cost will apply.
- Bond available at 1.8% of the total bid.
CONSTRUCTION.INC.
Attn: Mr. Mike Lynch
City of Newport Beach
Project: San Miguel Sewer Point Repair
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
ITEMS QTY
1 Mobilization 1 LS
2 Traffic Control 1 LS
3 Remove and Replace 12' of Broken Pipe in Bank 20 LF
1/26/219:45 AM
UNIT TOTALS
1,800.00 1,800.00
500.00 500.00
829.00 16,580.00
Grand Total $18,880.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on
plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.
Concrete & asphalt removal/replacement is excluded as we are assuming all work is done in the sloope
Notes:
- Retention withholding will be 5% max. Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work.
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
- All items of work listed above to be done concurrently, Otherwise additional cost will apply.
- Bond available at 1.8% of the total bid.
CONSTRUCTION.INC.
Attn: Mr. Mike Lynch
City of Newport Beach
Project: 15th (cD- Placenetia - Drop House Repair
GCI CONSTRUCTION, INC.
License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Phone (714) 957-0233 Fax (714) 540-1148
1/26/219:02 AM
ITEMS
QTY
UNIT
TOTALS
1 Mobilization
1 LS
1,800.00
1,800.00
2 Traffic Control
1 LS
1,200.00
1,200.00
3 Drop House Repair
10 LF
1,400.00
14,000.00
4 AC Repair inc Grinding
100 SF
40.00
4,000.00
Grand Total $21,000.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans
Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on
plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.
Notes:
- Retention withholding will be 5% max. Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work.
- Above price based on 1 mobilization. Additional cost will apply for any additional mobilization.
- All items of work listed above to be done concurrently, Otherwise additional cost will apply.
- Bond available at 1.8% of the total bid.
- We need to grind in plates for this work
1
AMENDMENT NO. TWO TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
v UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS AMENDMENT NO. TWO TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
14th day of September, 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, California 92673, and is made with reference to
the following:
RECITALS
A. On June 12, 2018, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement') for Contractor to perform
on-call maintenance and/or repair services for City ("Project').
B. On June 25, 2019, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") amending the total amount of compensation
to Contractor.
C. Since entering into the Agreement, 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 increase the total
compensation, extend the term, and to update Insurance Requirements (Exhibit
C) to the Agreement.
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 September 30, 2021, unless terminated earlier as set forth herein."
2. 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
GCI Construction, Inc. Page 1
reimbursable items, shall not exceed Eight Hundred Seventy Thousand Dollars and
00/100 ($870,000.00), 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 Two, including
all reimbursable items and subconsultant fees, in an amount not to exceed One Hundred
Twenty Thousand Dollars and 00/100 ($120,000.00).
3. INSURANCE REQUIREMENTS
Exhibit C to the Agreement is amended in its entirety and replaced with the
attached Exhibit C and incorporated herein by reference.
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. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: !V z 31 Zo2v
By: Lb -k, f=sc
Aaron C. Harp Ww 11 L5 Le
City Attorney
Date: ffl, dtof //U
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: OCT 14 2020
By:
Grace Leung
City ager
CONTRACTOR: GCI Constructicd% Inc., a
California corplorafion//-
Date: ✓O / lv
LeirAni 1. Brown V Terry
City Clerk Caf-r�a-r
Date
In
9 (.- v/ 2p--)
Alan Aristondo
Chief Financial Officer
[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 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
D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance
or an installation floater as directed by City, covering damages to the Work
for "all risk" or special causes of loss form with limits equal to 100% of the
completed value of the Agreement, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
E. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5 -year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
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.
GCI Construction, Inc. Page C-2
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 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 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.
GCI Construction, Inc. Page C-3
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 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.
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
AMENDMENT NO. ONE TO
ON-CALL MAINTENANCE/REPAIR SERVICES AGREMENT
WITH GCI CONSTRUCTION, INC. FOR
UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
25th day of June, 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 12, 2018, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on-call maintenance and/or repair services for City ("Project").
B. Since entering into the Agreement, Contractor was asked to perform a higher
volume of work than was originally anticipated.
C. The parties desire to enter into this Amendment No. One to reflect additional
Services or Work not included in the Agreement, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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 Fifty Thousand Dollars and
00/100 ($750,000.00), 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 One, including
all reimbursable items and subconsultant fees, in an amount not to exceed Two Hundred
Fifty Thousand Dollars and 00/100 ($250,000.00).
GCI Construction, Inc. Page 1
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.
Amendment One to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:_ ! 3 lZc�Iq
Fot.*Aaron C. Harp 13 N
City Attorney ob
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dian . Dixon
Mayor
ATTEST: CONTRACTOR: GCI Constructi , Inc., a
Date: .G.�J•California corporation
Date: (o -(1111i
BY: ^� :
� By
Leilani I. Brown Terry . t'' spie
City Clerk Chief Exetive Officer
Dater
.-
Secretary
[END OF SIGNATURES]
GCI Construction, Inc. Page 3
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC. FOR
UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 12th day of June, 2018 ("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 June 11, 2021, 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
ollowing:
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,
and
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 under this 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 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 Five Hundred Thousand Dollars and 00/100
($500,000.00), 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 Municipal Operations Department -
Utilities. City's Utilities Manager 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
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.
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.
GCI Construction, Inc. Page 5
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
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.
GCI Construction, Inc. Page 6
16. PREVAILING WAGES
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.
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,
GCI Construction, Inc. Page 7
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.
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.
GCI Construction, Inc. Page 8
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
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:
t:
Attn: Utilities Manager
Municipal Operations Department - Utilities
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
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
GCI Construction, Inc. Page 9
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.).
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.
GCI Construction, Inc. Page 10
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
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.
GCI Construction, Inc. Page 11
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 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: MART£
BY L3&
Aaron arp Oka s•13•�g
City At hey
ATTEST: pt
Date: p • ��
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "D y" Duffiel
Mayor
CONTRACTOR: GCI CONST CTION,
INC., a Califor )a corporation j"
Date: 9 �/0-1erR
r
By: W44By:
Leilani I. Brown Te4Excutive
spie
City Clerk ChOfficer
LILI FORT
Date: I
L. -.ecretary
-
[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 13
EXHIBIT A
SCOPE OF SERVICES
Contractor shall
furnish, pursuant to a Letter Proposal accepted by the City, all
labor, equipment, materials,
and supervision to provide as -needed underground utility
repairs, including but not
limited to:
• Excavations, pavement cuts, minor grading.
• Installation and repair of water system components such as:
a.
Waterlines sizing from 4" to 48" in diameter.
b.
Waterline pipe materials including, Ductile Iron, Cast Iron,
Asbestos Cement, Polyvinyl Chloride, and Steel piping.
C.
Valves of various types and sizes.
d.
Services ranging from 3/" to 2" in diameter.
e.
Meters and boxes of various sizes.
f.
Backflow devices of various sizes.
g.
Pressure reducing, sustaining, relieving valves of various
sizes.
h.
Vaults of various sizes.
i.
Fire connections of various sizes.
• Installation
and repair of wastewater system components such as:
a.
Force mains sizing from 4" to 12" in diameter
b.
Laterals of various sizes
C.
Clean -outs
d.
Grease interceptors
e.
Collection system mainlines
f.
Vaults/wet wells
g.
Valves of various sizes
h.
Manholes
GCI Construction, Inc. Page A-1
Installation and repair of storm water system components such as.-
a.
s:
a. Storm drain piping
b. Catch basins
C. Tide valves
d. Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
• Backfill and compaction
• Minor repair roadways
• Welding repair or work
CONTRACTOR REQUIREMENTS
Contractor shall be required to:
• Ensure that all work performed under this contract shall be performed in
such a manner as to provide maximum safety to the public and their staff. Where
applicable, contractor must comply with all safety standards required by all regulatory
agencies including but not limited to; California Division of Occupational Safety and
Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the
Orange County Environmental Health Care Agency (OCEHD). This also includes local
regulatory compliance set forth by the City of Newport Beach. The City reserves the right
to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful
acts are observed or reported relative to the performance under this contract. All
contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control
Handbook) at all times.
• Maintain all work sites free of hazards to persons and/or property resulting
from his/her operations. Any hazardous condition noted by the Contractor, which is not a
result of his/her operations, shall be immediately reported to the City.
• Upon acceptance work, restore the project area affected by the operations
to a condition at least equal to that existing prior to the work, including the removal of all
debris.
• Provide callback within six hours after initial request from the City for
underground utility services.
GCI Construction, Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
GCI Construction, Inc. Page B-1
Billing Rates
EQUIPMENT DESCRIPTION
PRICE
UNIT
NOTE
FOREMAN PICK UP TRUCK
26.50
HOUR
CREW TRUCK
40.50
HOUR
10 WHEELER DUMP TRUCK
87.00
HOUR
SUPER 10
97.00
HOUR
BOTTOM/SEMI END DUMP
102.00
HOUR
LOW BED RATE
128.00
HOUR
SKIPLOADER
163.00
HOUR
BOBCAT
142.00
HOUR
446D BACKHOE/LOADER
168.00
HOUR
NEW HOLLAND BACKHOE/LOADER
152.50
HOUR
936 WHEEL LOADER
162.50
HOUR
CAT 950 G LOADER
170.00
HOUR
KOMATSU WA 250 GL
165.00
HOUR
CAT 308 EXCAVATOR
167.50
HOUR
CAT 313 EXCAVATOR
187.00
HOUR
CAT 314 EXCAVATOR
190.00
HOUR
CAT 325 EXCAVATOR
210.00
HOUR
CAT 321CLCR EXCAVATOR
205.00
HOUR
KOBELCO SK300 LC1 V EXCAVATOR
230.00
HOUR
RING O MATIC POT HOLING MACHINE
427.00
DAY
85.00
HOUR
ASHPHALT ZIPPER
272.00
HOUR
Plus Teeth
ARROWBOARD
110.00
DAY
WATER TRUCK
210.00
DAY
Bare
COMPACTION WHEEL
29.00
HOUR
COMPRESSOR W/JACKHAMMER
250.00
DAY
2000 MULTIQUIP TOWABLE
GENERATOR
225.00
DAY
HYDRAULIC BREAKER
54.00
HOUR
2000 LBS
LIGHT TOWER
120.00
DAY
WACKER
120.00
DAY
Zieman Trailer
25.00
HOUR
4" trash pump & hoses
104.00
DAY
6x16 Trench Box
90.00
DAY
250.00
WEEK
750.00
MONTH
4 x 16 Trench Box
61.00
DAY
DBL TIME
170.00
WEEK
505.00
MONTH
8 x 24 Trench Box
186.00
DAY
109.03
550.00
WEEK
1,630.00
MONTH
LABOR RATES:
REGULAR
OVERTIME
DBL TIME
LABORER GRADING
64.88
86.05
107.23
LABORER SEWER
65.86
87.44
109.03
LABORER WATER
64.59
85.64
106.69
PIPELAYER GRADING
68.26
91.12
113.99
PIPELAYER SEWER
69.30
92.61
115.92
PIPELAYER WATER
67.95
90.68
113.41
OPERATOR GRADING
89.09
119.56
150.03
OPERATOR SEWER
90.35
121.40
152.45
OPERATOR WATER
88.72
119.02
149.31
FOREMAN GRADING
91.69
123.46
155.23
FOREMAN SEWER
93.00
125.37
157.75
FOREMAN WATER
91.31
122.89
154.48
TEAMSTER GRADING
70.89
90.08
109.28
TEAMSTER SEWER
71.99
91.56
111.13
TEAMSTER WATER
70.56
89.64
108.72
Note:
MARK UP ON LABOR 20%
MARK UP ON EQUIPMENT/MATERIAL
15%
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
GCI Construction, Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance
or an installation floater as directed by City, covering damages to the Work
for "all risk" or special causes of loss form with limits equal to 100% of the
completed value of the Agreement, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement
for such coverage may include additional protection for Earthquake and/or
Flood. City shall be included as an insured on such policy, and Contractor
shall provide City with a copy of the policy.
E. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5 -year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
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
GCI Construction, Inc. Page C-2
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
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
20380413.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
GCI Construction, Inc. Page C-3
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 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.
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
EXECUTED IN DUPLICATE
PREMIUM INCLUDED IN PERFORMANCE BOND
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO. 0736995
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," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement 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 Agreement 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.
INTERNATIONAL FIDELITY
NOW, THEREFORE, We the undersigned Principal, and, INSURANCE COMPANY
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum Of FIVE HUNDRED THOUSAND AND NO/100 Dollars ( $500,000.00 )
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; 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
GCI Construction, Inc. Page D-1
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 Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement 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 25th day of JULY,) ,�6 18 .
GCI Construction, Inc.
Name of Contractor (Principal)
INTERNATIONAL FIDELITY INSURANCE COMPANY
Name of Surety
2400 E. KATELLA AVE. STE 250
ANAHEIM CA 92806
Address of Surety
(714) 602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorizeo'Signature/Title Terry D. Gillespie - President
MICHAEL D. STONG, ATTORNEY—IN—FACT
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 I `` before me, $� {�
Notary Public, poAonally appeared '
who proved to me on the basis of satisfactory a idence to be th personksr'whose name( is/arI5
subscribed to the within instrument and acknowledged to me that he/.sem/they executed the same
in his4W/ter authorized capacity(i, , and that by his/berLtlae signatures on the instrument
the personal, or the entity upon behalf of which the person(.1racted, 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.
ature
JANET GILLESPIE
Notary Public - California
Z A' Orange County v
Commission k 2225348
My Comm. Expires Dec 21, 2021
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,
(seal)
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
CALIFORNIA• • • •
w .ca .ca .a _sem _A _v�.t_a.C..� .<�t.aR� .ca .ca aS� .<� .w...-. <_•� _a� _v�. _at_� .cam .aaC.at_aa _c� .aS.� .ca .1. a .�. _� _a. _a .sa _cam ,aR.a .m _.�.5_aS.� .�
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 Riverside )
On 00/ 0 before me, R. NaQpi "Notary Public"
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/axe
subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in
his/hoer/their authorized capacity(iat), and that by his/her/their signature(t) on the instrument the person(s),
or the entity upon behalf of which the person(e) acted, executed the instrument.
R. NAPPI
COMM. # 2162652
NOTAAVPURLIC-CALIfORNIA z
-.a RIVERSIDE COUNTY
My Comm, Exp, June 7, 2020
Place Notary Seal Above
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 ie la -1
Sign t re of Notary Public
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:
Number of Pages:
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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXECUTED IN DUPLICATE
PREMIUM: $6,840.00
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO. 0736995
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $6,840.00 , being at the
rate of $ 13.68 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement 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 Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and INTERNATIONAL FIDELITY
INSURANCE COMPANY , duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
FIVE HUNDRED THOUSAND AND N0/100 ( $500,000.00 ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), 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 Agreement 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 Agreement 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 Agreement
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
and Surety above named, on the 25th day of JULY ,
GCI Construction, Inc.
Name of Contractor (Principal)
INTERNATIONAL FIDELITY INSURANCE COMPANY
Name of Surety
2400 E. KATELLA AVE. STE 250
ANAHEIM, CA 92806
Address of Surety
(714) 602-9170
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Autho
�cuted by the P incipal
120 18. i
itle Terry D. Gillespie - President
Aut orized Agent ignature
MICHAEL D. STUNG, ATTORNEY—IN—FACT
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 ,)u L4 �(0 20 ($ before me,. 1'L
Notary Public, pe onally appeared III
who proved to me on the basis of satisfactory evfdence to be th personke'jwhose nameko isAee
subscribed to the within instrument and acknowledged to me that he/sly/they executed the same
in his/4er/1aeir authorized capacity(4es7, and that by hisA;tvel/tbeesignatureske)~on the instrument
the person,(,; 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.
dature
JANET GILLESPIE
a Nolary Public — California
z Orange County
Commission8
My Comm. Expiress Dec bec 21, 21, 2021
w�
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 E-3
CALIFORNIA• • • .
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 Riverside )
On ar, before me, R. Nappi "Notary Public"
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(K) whose name( is/aye
subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in
his/Doer/their authorized capacity(iat), and that by his/hor/their signature(z) on the instrument the person(a),
or the entity upon behalf of which the person(x) acted, executed the instrument.
R. NAPPI
COMM. # 2152652
Z �` .....
Z
NOTARY PUBLIC -CALIFORNIA Z
RIVERSIDE COUNTY
1
My Comm. Exp, June 7, 2020
Place Notary Seal Above
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
Signat re of Notary Public
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:
Number of Pages:
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:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
a4'ei •ar •a• •✓4'er •a• •d -ei -ei -e� -e��•✓ •ei •a• •� -av -ai •a�4•e� •er •tr •d ••✓ -m -er •e•4•ei •ev •e• •eri•ti •er -a• -r�4'ei -ar •e•4'� 'd •er •e� •tr -a •d •e•G-.
8ERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/28/18 Dept./Contact. Received From:
Date Completed: 3/29/18 Sent to: Joan By:
Company/Person required to have certificate: GCI Construction Inc
Type of contract: Other
Joan
Jan
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/18 — 4/1/19
A.
INSURANCE COMPANY: Great American Assurance Company
B.
AM BEST RATING (A-: VII or greater): A+ / XIV
INSURANCE COMPANY: Wesco Insurance Company
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
E
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ No
G.
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
H.
HIRED AND NON -OWNED AUTO ONLY:
is not limited solely by their negligence) Does endorsement
❑ Yes
❑ No
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/18 — 4/1/19
A.
INSURANCE COMPANY: Wesco Insurance Company
B.
AM BEST RATING (A-: VII or greater) A / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
1.
NOTICE OF CANCELLATION:
❑ N/A
® Yes
0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/17/18 — 3/17/19
A.
INSURANCE COMPANY: Insurance Company of the West
B.
AM BEST RATING (A-: VII or greater): A- / XII
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® 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
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
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