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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 ? 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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 ? 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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 . 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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 - __— _. 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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