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C-5276 - Bayside Cove Walkway
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC December 1, 2014 GMC Engineering, Inc. Attn: Gennady Chizhik 1401 Warner Avenue, Suite B Tustin, CA 92780 Subject: Bayside Cove Walkway — C-5276 Dear GMC Engineering, Inc.: On November 26, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 12, 2013. Reference No. 2013000688048. The Surety for the contract is Western Surety Company and the bond number is 58708003. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 58708003 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1590.00 , being at the rate of $ 1.08 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GMC ENGINEERING, INC. hereinafter designated as the "Principal," a contract for Bayside Cove Walkway in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty Seven Thousand Nine Hundred Sixty Six Dollars and 50/100 ($147,966.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. GMC ENGINEERING, INC. Page C-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations underthis Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7th day of August ,2013 . GMC Engineering, Inc. ✓ /1 0 y�� W+� Name of Contractor (Principal) Authorized Siggnatu elritle Gennady Chizhik - President Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone 254�7J A ori ed'Agerft 5fgnature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GMC ENGINEERING, INC. Page C-2 \Nestern Surety Cornpdny POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know An Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal Dolce in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signahne and seal bacin axed hereby make, constittae and appoint Jeffrey R Gryde, Individually of Laguna Niguel, CA, its true and 3awfol Anon. -As) -in -Fact with full power and authority hereby conferred m sign- seal and execute for and on its behalf bonds, undcrakmgs and otter oblissary inshuraentsof similar nate - In Unlimited Amounts - and to bisd it thereby, as fully and to the same event w if such hnsountents were signed by a duly authorized officer of On corporation and all the acts of said Attorney, putnant to the authority hereby gisen, are hereby ratified soul confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hcmot; duly adopte4 as indicated, by the shareholders of the corporation, In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vim President and its corporate real to be hereto affixed an Itis 1 M day ofOnober_ 2012. WESTERN SURETY COMPANY ,PP itws, j7 soul T. Raritan ViuY RuYiuient Sloe of South Dakota $ County of MharNnha On this 1 K day of Octoba, 2012, before me Personally crane Paul T. Bmffar, to me (mown, who, being by me duly swasn, did depose and say: that he asides in the City of Sioux Fags, State of South Dakoq That he is the Vice President of WESTERN SURETY COMPANY described in and which executed due above instrument drat he knows the sed of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed purmarn to authority given by the Board of Directors of said corporation and star he signed his Dame thereto pursuant to like authority, and acktwwledites sane to be he act and deed of said corporation. MycommissionexpiresA MKOHR J. b10HR June 23,7015 tea J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is sttll in force, and furrha certify that the By -Law of the corporation printed on the reverse hereof is still inform. la testhnmry whereof i have heseunm subscribed my name and affixed the sed ofthe aid corporation this 7th day of August 2013 WESTERN SURETY COMPANY ems' L. Nelson, AssisrnaSeaetary Form 1`42104-2e 1: CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On August 7, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P. 2EIS COMM. 01974059 i Notary Public • California o Orange County r Ctalnt. Ea ices r. 29, X16 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Mile or descriptiom of attached desument) ITitle or description ofsime ddonnment enntinuttl) Number of Pages __ Da;umcnt Dow (Additional mfnrmaticn) CAPACITY CLAIMED BY THE SIGNER L Individual (s) IWC CmPorate Officer (Tide) U psrttler(s) IS ,Aftomey-in-Fact ❑ Trustee(s) Other INSTRUCTIONS FOR COMPLETING TMS FORM Am, ackitowtedgaent completed in Calitar,64 alai contain verbiage exactly as appe»,zi 1501V In dire actory section ar a .separoic aeknowfedg seal faint must be praper/v completed andarlorhed to that descament. Doe only exeept<aa a 1A a discontent it to be recorded outside ofCadljarma- Ja such atsmneas, any atfrematint orknewlidgment kwbeW as aa" be proved on such a dxtuneat so tong = en, uerbtage dies not "Mire the votary to do sometking all a idlegnd for u notary in Cnlffarnaa {i.a cenlfiting rhe authorized capacity oilthexignar). Phase check ilii dommem cm'ehdly for proper aotarinJawudiag and artaah this lona i% retnired. a Sure and Couany information must be the Slue and County where The dncumnd signer(sl personally *opened before thenaTmy public for acknowledgment . Daae of nourvation must he the date Thal The sigaerat persamlty appeared which usual elan he the nee dale Tice acknowledgment is completed. . Ileo notary public mavt print hit or btu none as i1 appears withut hie or her conmigsian folhteved by a comma andthan your title (Notary public). . print the nwasVs) of dncumenl stitisco') who personally appear at the tinge of tgmruatiun Indicate The ccrtenn singular or plural Corns by messing off inoonect tonna (a.e. hasbvdwyr is /aro I ar caroling The wacci (mm. Failure To corree[ly indcale anis mforroutinn sandy Iced to rejection of ducunnnl recording_ • The notary seal impression inuyt be ekes and photographically mprodecible Impression *dust not ctien neat or lousy, If muf Impressive smudges, reseal if a sulnc dem arca pmrnila, otherwise cuinplete s different acOmowiedgtne it form. o Signanare of the noar, public Must Ina" Nuc stipulate, an file with the office of the cuonty clerk er ,Additional mainrinatapn is not restated but could help to ensure this acknowledgmrnt is not insisted or attached to a chbo eai document. Indicate dile or type ofanached cineumeal, number offines and date. indicate the capacity claimed by the signer, If the claimed capacity is a cotpestatn ofl icer, indicate Nae idle (i.e. CEO, CFO, Sxrouy). g Securely attach this docianent to The signed doicainenl CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Aug. 7, 2013 beforeme, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared _ Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the personko whose name,( is/wesubscribed to the within instrument and acknowledged to me that he/Ske/tJi6 executed the same in his/her/theit authorized capacity(ies), and that by his/her/1kii signaturefs) on the instrument the personIA, or the entity upon behalf of which the personjo 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. 6 ConpNaabft #f 18116 WITNESS my hand and official seal. N"yPaWb•Calftr* (/.CI Cotnm. ea Jun 11 2016 n (Notary Seal) S ignnl�are of Nolary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Faithful Performance Bond (Tine arm description ofmtached document) Beside Cove Walkway (fine er description of attacked document continued) Number of Pages 2 Document Date 8/7/13 Contract No. C-5276 — NB (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12. 10.07 800-873-9865 www.NotaryClasses.coin INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. to such instances, any alternative acknowledgment verbiage as, may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Calfornia (i.e. certifying the authorized capacity of the signer). Please check the document carefidlyfor proper notarial wording and attach thisform ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (io, CEO, CFO, Secretary). • Securely attach this document to the signed document NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 18, 2014 GMC Engineering, Inc. Attn: Gennady Chizhik 1401 Warner Avenue, Suite B Tustin, CA 92780 Subject: Bayside Cove Walkway - C-5276 Dear GMC Engineering, Inc.: On November 26, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 12, 2013, Reference No. 2013000688048. The Surety for the bond is Western Surety Company and the bond number is 58708003. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4i 0-- "4. Leilani L Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Premium: Included in Perfromence Bond EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 58708003 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GMC ENGINEERING, INC. hereinafter designated as the "Principal," a contract for Bayside Cove Walkway in the City of Newport Beach, in strict conformity with the Contract on file With the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum.of One Hundred Forty Seven Thousand Nine Hundred Sixty Six Dollars and 50/100 ($147,966.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, Firmly by these present_ THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. GMC ENGINEERING, INC. Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7th day of August 2013 . GMC Engineering, Inc. Name of Contractor {Principal} Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone Authorized Sinatttrefritle Gennady C izhik- President 4ilthoilied A§enf Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GMC ENGINEERING, INC. Page B-2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kaaw Ail Men ByTbpe rrcmuts, I%x WESTERN SURETY tMPANY, a Svuth Ddcaa carporado r. is a duty orgmtired mai existbsg catphxadoa havhtg itt principal office in the City of Sioux Falls, and Stato of South Deimta, end thin it does by virtue of the signature and seal heroin of ixed hereby make, constitute and appoint Jeffrey R Gryde, Individually of LaguoaNiguel, CA., its true and lawful Ancroey(s)4mFact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undeaskogsa d oder obligaaaynstruments of s.imlhrnature - In Unlimited Amounts - ad to bual it thereby as hill and to the sane esdant as if such Instruments vitt sigaod by a duly aothorind offer ofthe corporation and all die acct of said Aboisay, p VMM w the amity hereby siren, No ha*v ratified ad x+rditmed. This Power ofAmoncy is made end executed pursuant to and by authority of the By -Is w printed on the Ferenc hung duly adopted, as indicated. by the shareholders of IM corporaim In Widen W herenK WESTERN SURETY COMPANY has caused these prosents to be signed by its. Via President and its corporate seal to be hereua@ixed on fib Ithh day ofOctober, 2012. WESTERN SURETY COMPANY 5 T. Bn�ak Yet F'rasi�t State ofSoA Dakaa as County of M®nebaha On this 181h dray of October, 2012„ before me pmsonalty canto Pant T. Bruch, to rte knatva, who, being by me duly swan, did dtpost and say; chit he resides in the City of Sioux Fags, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed de above instrumcak aha he know; the seal of ask Corporation; the she seal affixed to the said instrument is such corporate see); than it was so affeced putwaa to authority given by On Board of Directors of said corporation mrd Oat he signed his came thereto Pusan to lite autwFity. rand aclanowhalp scone to be tae act and deed ofsaid mon. RR Jane 232613 r=RIU*" ,rt _ _ 47 J, Mohr, Nottuy Public CEArWICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify thin the Power or Arrancy hereinabove set forth is still in force, and further certify that Ore By -Law of Oce corporation printed on the mcrm hereof is sdII in force, In testimony whereof I have hereunto subscribed ray name and affixed the seal of the said corporation this 7th day of August 2013 . WESTERN SURETY COMP/ ANY aw l Wal lY7 6./ L. Nolan, Assistant Secretary Foam Fa2aa.7.2ct? Asthariring By -Law ADOPTED BY THE SHAREHOLDERS OF R'ESTERN SURETY COMPANY This Power of Attorney is made and executcd pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Soetion 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shalt be execomd in the omporate name of the Company, by The President, Secretary, and Assam Secretary, Treasurer, or any Vim President, or by such *that officers as the Board of Directors may autiorim The President, any Vice President, Secretary, any Assistant Secretary, or the Treasum may appoint Attorneys in Fact or spats who shall have authority to issue bonds, poticioss or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the oorpormimL The signature of any such officer and the eeapa¢ate seW may be printed by facsimile. CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On August'/, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Grydes Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. & comm, at #9 Irot�w MIT: - 11 10 own � �M Signature (Notary Steon ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Mile ile or descriptive ofaauscheddoci hent) (Tide or description of enriched document camtinued) Number or Pages _ Document DamT_` (Additional nnfortnmioa) --- CAPACITYCLAIMED BY THE SIGNER ` G Itxiividual (s) C Corporate Officer Jklis'i © Partner(s) �J Attorney -in -Fact ❑ Tntstte(s) © 'Other rN5TRUCTIONS FOR COMPLETING THIS FORM Any acknowledgnatnt eanpiemd in Colonists aunt conlson verbiage rxatfy as appears above to the ackary section or a separiee ae4nowfedgment foal moss be property completed and detached m star dtramest . The asup esregrxoo u )j a documew it to be recorded mOlde ofCabjorm'a. In such tastaaces, any atternmhe aeQnatrtndguteu werblage as way be ,printed au such a daromaear so long as die t.erbfagc does nos rer)wim site namry to do raweiking That is fAgal for a nomrr is Cal7J4ama fl c, cerifivrsg the aerrh artzed cgtafh of ike stristO. Please cheek Ilse davmetd carrimay jar proper aarariat ,rcndfug and ortaeh this jean tfreguired. • State and Canty infatuations must be the State and County what she dncumem siper(s}personally appoissai beforetba notary public farackatawl mans • Dare of aolsr amiitm must be lite data that site signor(i) personality appeared which most siso be the lama date the ackamlcdgtncnt is completed. • than notary public most print his or her name as it sppaars within his or her commission folbwed by a coram and Thirst your title (octory public). • Frim the mame(s) of daatuamt signar(s) who personally appear at the time of AM" cast 011 • indicate it* awaker amgaku or plural loans by cexssing off Itxaatecs Panna TLC. tra'andrh•yc is lace I or cimhmg the aarrcm7 Porom. Failure TO con ty nrdiemse this infanuatian may lead m tajatiat Mdtrsament rccwding. • 'rho notury seal impresaioa must be closer and photographically reproducible hopamion most nut cower tezt or linea. If seal impression snuidges, eessul if a iufficlece arca ponesm% odtewwhe complete a o iHaaon urauawtedgmaR foam. • signature of the Rosary public must math aha ngaature on ale with the office of the aunty clerk. @• Additional information is nor( requited but could help to casmae this acknovricr taeut is act overused or anw�hrd to a different document. 3 Indicate title Or type of attached docuretcnt mmberof pages and dam. 4 Indicate the capocity claimed by the signer If the claimed capacity is a eoeprhrate offxx, indicate the title ().e. CEO, CPO. Seemary). • Secnrkly aaaeh this document m tae signed document CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Aug. 7, 2013 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Chizhik who proved to me on the basis of satisfactory evidence to be the person(a) whose narri is/W- subscribed to the within instrument and acknowledged to me that he%hcitthly executed the same in his/o r/thir authorized capacity(joff , and that by his/ 15`d-#eirr signature(o on the instrument the person(af, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. &Line &i as WITNESS ntv hand and official seal. Vilm7 pw11R • CINq'aMs Signature of Notary Public _ �. ADDITIONAL OPTIONAL INFORMATION ComminMp �+ 1ltd►19 Ct ,apt �, to (,Notary Seal) DESCRIPTION OF THE ATTACHED DOCUMENT Labor and Materials Payment Bo (Title or description of attached document) Bayide Cove Walkway (Title or description ofatrached document continued) Number of Pages 2 Document Date 8/ 7 13 Contract No. C-5276 — NB _ (Additional information) CAPACITY CLAIMED BY THE SIGNER Ll Individual (s) Corporate Officer President alit(-) 11Parntens) ❑ Attorney -in -Fact - ❑ Trustee(s) ❑ Other 2008 �cisinn CAVA v]1. 0.07 800-873-9,865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document, The only exception is f a Id document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Calrfornia ff e, certifying the authorised cwmcay, of the signer), please check the document careadlyfor proper notarial wording and attach thisform f required • State and County information must be the State and County where the document signer(s) personally appearod before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public most print his or her name as it appears within his or her commission followed by a comma and then your tide (notary pubhe). • Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plum[ forms by crossing off incorrect forms (fe, ke/she/tkay, is /are) or circling tho correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproduciblees Impression must not cover text or lines. if seal impression smudges, real if a sufficient area permits, otherwise complete a different areknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, 4+ Indicate title or type of attached document, number of pages and date, Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary). • Securely attach this document to the signed document RECORDING REQUESTED B'Y AN� WHEN RECORDED`RETURN TCT: -1' City Clerk City of Newport Beach r 100 Civic Center brive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder iIII I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'iIIII �� NO FEE *$ R 0 0 0 6 3 8 0 6 4 1$ 2013000688048 8:53 am 12112113 305 409 N12 1 rj,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GMC Engineering of Tustin, CA, as Contractor, entered into a Contract on August 13, 2013. Said Contract set forth certain improvements, as follows: Bayside Cove Walkway (C-5276) Work on said Contract was completed, and was found to be acceptable on November 26, 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. M. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �PM�� Executedon 27, �%�3 , at Newport Beach, California. BY ry nli(� 0- 1�_ City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 27, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: • Bayside Cove Walkway (Contract No. 5276) • 2012-2093 Citywide Slurry Seal Program (C-5320) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Si merely,N�— 1 �p U'�-^ Leilani 1. Brown, MMC City Clerk Enclosures • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GMC Engineering of Tustin, CA, as Contractor, entered into a Contract on August 13, 2013. Said Contract set forth certain improvements, as follows: Bayside Cove Walkway {C-5276} Work on said Contract was completed, and was found to be acceptable on November 26. 2013, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. MR VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. q (,! + ' Executed /V Uon Ve%Vlr1 .--, V13 , at Newport Beach, California. BY D'puTY Laid ffhlC.— City Clerk aEW,�Rr = CITY OF as NEWPORT BEACHH City Council Staff Report Agenda item No. 11 November 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb@newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer 949-644-3321, ftse@newportbeachca.00v APPROVED: TITLE: Bayside Cove Walkway — Notice of Completion and Acceptance of Contract No. 5276 ABSTRACT: On August 13, 2013, City Council awarded Contract No. 5267, Bayside Cove Walkway, to GMC Engineering, Inc., for a total contract cost of $147,966.50 plus a 10 percent allowance for contingencies. The required work is now complete and staff requests City Council accept the completed work and close out the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 3. Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following account: Account Description Account Number Amount Contributions 7251-C3002020 $150,968.50 Total: $150,968.50 1 of4 Bayside Cove Walkway — Notice of Completion and Acceptance of Contract No. 5276 November 26, 2013 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $147,967.00 $150,969.00 10% or less +2.03% -3.38% +5.41% Allowed Contract Time (days) 50 Actual Time -13 Under (-) or Over (+) The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $147,966.50 Actual cost of bid items constructed: $147,966.50 Total change orders: $ 3,002.00 Final contract cost: $150,968.50 The work completed for this contract consisted of modifying the existing parkway just northerly of the Balboa Island Bridge between the westerly Marine Avenue sidewalk and the Newport Beach Yacht Club. A pedestrian walkway was constructed to link the existing floating dock -gangway within the Balboa Island Channel to the Marine Avenue sidewalk and the Balboa Island Bridge. New handrails, decorative fencing and gates, masonry walls, stone veneers, landscaping, and irrigation were also installed. The final construction contract cost was approximately 2% above the original bid amount. The majority of changes made to the original scope of work consisted of individual items valued at less than $1,000 each. One summary change order in the amount of $3,002.00 was issued to capture the various deductive and additive changes including the decorative fencing and additional landscaping requested by the Newport Beach Yacht Club and the Balboa Island Association. A project schedule summary is as follows: Estimated Completion Date per 2013 Baseline Schedule November 15,2013 Project Awarded for Construction August 13, 2013 Contract Completion Date November 18, 2013 Actual Substantial Construction Completion Date October 30, 2013 2 of Bayside Cove Walkway — Notice of Completion and Acceptance of Contract No. 5276 November 26, 2013 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (maintenance activities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: David A. Webb Public Works Director Attachment: A. Location Map 3 of :: D BAYSIDE PROJECT LOCATIO BAYSIDE COVE U11 Al IEA11%\I LOCATION MAP Attachment A -®AST BALBOAISLAND CHANNEL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5276 7/19/13 4 of 4 Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 am on the 16th day of July, 2013, at which time such bids shall be opened and read for i me of Froject $ 125,000.00 Engineer's Estimate M Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: h921 CLICK: Online Services /Bidding & Bid Results � ' ' '. •.. is mnffa• • RR The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3, The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. in the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. U 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code - including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, `Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 739091 A and B Contractor's License No. & Classification GMC Engineering, Inc. Bidder r� 4 ? Authorized Sigqnaturerritle Gennady Chizhik - President 2013 Date 0 • ♦ i Contract No. 5276 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of GMC Engineering, Inc. Ten Percent of the Total Amount Bid Dollars ($ 10% _), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SAYSIDE COVE WALKWAY, Contract No. 5276 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(*) prescribed, including the required brands, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 15th GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone day of July , 2013. Authorized Signatur / itie Gennady Chizhik - Pres. ' Afithoriz d Agent Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety trust be attached) \&estem Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kama An Men By These Presents, That W ESTERN SURETY COMPANY, a South Mobs corporation, is a duty organized and existing ccrpon ion having its pnocipsl office in the City of Sioux Falls, and State of South Dakors, and that it does by Vision: of the signature and seal herein affixed hereby make, iwnshtnae and appoint Jeffrey R Gryde, individually of t.aguna Niguel, CA, its true aril lawful Attorneys) -in -Fact with full power and Authority hereby ounficnod to sign, scat and execute for and on its behalf bonds, undertakings and otherobligmayinstruments of similar nature - In Unlimited Amounts . and to bW it thereby as fully and to die same extent as if such instruments were signed by a duly authorized other of the corporation and all the ants of said Attorney, puisraat to the authority hereby given, we hereby ratified and confirmed. This Powerof Attorney is made gad executed pursumn co and by authority of the By -Law printed on the reverse honor duty adoparA as imdiattcd, by the shareholders of the corpexawn. In Witness W berm[ WESTERN SURETY COMPANY has caused these presen s to be signed by its Yim, President and its corporate seal to be hereto affixed on tris t8th day of October, 2012, WESTERN SURETY COMPANY I. Bruillsk Vice President State of South Dakota County of Mbmehaha On this l8ih day of Oefober, 2612, before me personally Come Paul T. Bruflak to rix known, who, being by me duly swam, did depose and say: that Le resides in the City of Sioux Falls. State of South Dakota; that he is the Vice Presideat of WESTERN SURETY COMPANY described in and which exacuted this above instrument; that he knows the scat of said corpormim; that the seal affixed to the said instrument is such corporate seat; that it was so a@'nced pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowlgdgss sumo to be to act and deed of said cc rporndom My eommuslnn expires J, 2AORR June, 23 2015 =Iq V J, Mohr, Notary Public CEBTIRCATE 4 L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bereinabovc set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my ounce and affxad rte seal of the said corporation this 15th day of July 2013 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Frnm F428d•7-2011 State of California County of Orange On July 15, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. P. ZEIS WITNESS my hand and official seal. o - COMM.#1974059 m Notary Public - California Z Orange Courtly M, Conro. Esares Apr, 29, 2018 ADDITIONAL OPTIONAL INFORMATION DI_SCRCYTION OF THE ATTACHED DOCUMENT _—�--.� d5"atte cw dea^ripawn ,+rartachc+i 4a+,:samrenap _,�� #lit@n rsr d.^sc€gsfilvtt c+faf�sekxri dacrnnc�.t cxsatznuv`41Y� Number ofPagtrs Discur tent Dsti: €Aid oreral CAPACITY Ci,A114ED BY THE SIGNER L; Judividigai (s) Corporate Officer U Partner(s) �! �tfrrmey-au-Fact El Trxraeee(sp Ej tither �. [NSTRUCTI'ONS FOR COMPLE 11NO TIUS FORT .4mt esrmepiewd in C,stoom!i mrur eirai fory'a' bpmg(e�� tour ; m 353Y dr; idsow in are Rotary, srmimn or 4 reloneote UCdt7nN'1GGngft3Cld£ rn«IRI JtsusZ be prnxif, caxmrld€iexF and irijachod to tdore doerosion,, As sail` eatep}rinti is or a darstarsoil is to be recordeiii outside raj csthfarecar, Cor such (rani rear, ilaav aninotai ne exrFnrxvd�trlSrnenr vnrbfsq, as utdv be printed on son„ k o dborro€oir so hong ars dre asrbatrgs adorns and negro er r&e itroory to aC singernirg phai da ifl€gnt fa- t mt+Yevey is Cnlaft,mto Ox certaj'yfng, dre aamrharnoid oripaei{v orthe yofse'r - Pleaase check rhe docnusendrarsin v',ua+'.tr+'ci>=r m+frzraor ws diogand Crotch thisborru driorkef. • State aro( Coar:ry, iafauneseum Ann, be tho sta c and Csnsmy where pane dxuirnpos signcrinif mmirially a erearei be!'are the notary Public Rio anknnwlealgnaxaa- • Dole of aaaambAlc,n smut M.iN+e torte fiat the si"cri 9 purswaally apiquirarad waits norof a6n be the sarlo ifna she serkmmvb:dgrstrart =s on ainnisnod • l w, Morino Public must loost het or Ivor tragic as it sputa within lair as hos -ointragiovo frslkporrdby a mannas am alien yoss aSY9C dRAiMy Peb§icl` • polar the nartaeno of akrrcmi sognarnsl oho porpwaafP uppaµr, at thz now o@` anrem.i;Abor, + tnd:icate shL eorrecs swirol er or phosi [Writs to; tn>vnen off boo neer. rananw {i.e swsho'idssy+ " irsea l or ciretaig Sex ccurev.t terrors, Fortino, ne'=vn tly ardlcaro dial infarmatian assay lead to crjm iia of drsunamaet rcceanjoig, • €hr notnay scab samca iva must kaa &Bim and plosingraphiea94y, r mina nci Og hnpttsc&sn Nakao acor corer text in Moto. if snag iloprrssinn inalifeS, te-5ea0 if a sn€nuieug.area froaaaora., odaaawise e!xmplete a d#%Scrtvri arkarawtvydgmear4 farm. • sagnasure of the utNarp pubbs, quiet ;nabult an a4utaee znn file With tay office of the County fork, +'a ;idt1Y9HMal infhamsteon is rup recanted but could help In ensure ask ankarariedguacart is nor oasioned or anachod to a deitcazna slosoutrom. - Endicale ntle ca € pe. ofantrOod document, rsuanber nfroots and d w, 0 Eadicine the calaicaa clai.>nel by the signer lr the ctsunod capacity is a axprrono offinw, indicate tie tri .e. CEa)_C`6e:t, sa^uxsryp. • SccaacSy asaach ttsas druaatnxeni Ua the fiy?naci ck�uanxceC State of California County of Orange On 3u_1_y16, 2013 before me, Barbara A. Myers, Notary Public __.----------..__— (Here insert name trod title of the ofiieer) personally appeared __ GennadY Chizhik who proved to roe on the basis of satisfactory evidence to be the person(x) whose name(4) is/are- subscribed to the within instrument and acknowledged to me that he/. lIw/tiwy executed the same in histbketl<r authorized capacity(*, and that by his/herftheTr signature{) on the instrument the person(sr}, or the entity upon behalf of which the persons acted, executed the instrument. certify tinder PENALTY OF PERJURY under the Laws of the State of California that the foregoing paragraph is true and correct. .. WITNEISS my hand and official eat. 19W19 M Com. E Iii Jun 11 i(Notary Stiall .r ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF I FIE ATTACHED DOCUMENT idder's Bond – Bayside Cove (i cite or description ofattxched document) Contract No. 5276 titesenptien ofatiached document continued} 1/ Number of Pages_ 1 Do¢umcnt Date 7, __513_ __ ity of Newport Beach (Additional in@nral on) CAPACITY CLAIMED 6Y THE SIGNER CJ Individual (s) Corporate Officer President__—_ Utile) CJ Partner(s) _. Attorney -in -Fact Trustee(s) 0 Other MOS Verson CAPA s l2 i0.g7800-S73-9865 wwvstlarayClassescom INSTRUCTIONS FOR COMPLETING THIS FORM An}, a(Anowledgmew cootooted in {ntfrrnia in", sumo, wrlue e-wel/l it, surpeass above in the nontry recloin or a separate ncknmrfeB,gntenf form lace: Vi, property contpteted and mtached to that document. The only exception is if o document is to be 'recorded outside of Cotrfornia. In .si oh rnstanees, any aberna;nr ackno vookme it nerhtage as may be printed at such o docrimenr or long ns tine verbiage does not requha the notary to do something Mar is illegal (v a notary in Ca?ifarnic t'I_e. certifying Rhe a-nrhor'ized capaeip, of the signer), Haase check the doeumerrt �arzfuIIg f(:r proper natar'rel wording and attack tins foam ifre« rrlred. • State and County information must be the State and County where the document signei('s) personally appeared before the notary public for acknowledgment. • Data of notarization itneit be the date that the some (si Personally appeared w'tidt nowt also be tine same date tine acknowledgment is completed_ • 'rhe notary public most print his or her name as it appears whhin he or her commission followed by a comma and then your title (notary public). • Print the names) of document signerts) who personally appear at the time of notarization. • Indica€e the sonnet singular or plural fertile by cosencig o3Tinu t t et iii-cs, ti lt. besheflfry is lase ) or circling the correct forms_ Fallutn to correctly indicate this information may lead to rejection of document recording. • The ner[2ry seal impression must bc. stere and pholograft rally rcprodvcible. impression must not cover text or Eves_ If seat unitression sm udges. re -scat ii n saffic(e.ni area gerours. oihern5se complete a di hereof acknnrvad ii iwnt conn_ • Signature offs e notary public mase match the signarture on tile sall the oiGee or the county clerk_ Additional information is not required but could help to ensure ihiv acknowledgment is not misused or afu3clied to addlarent document Indicate Fide or type of anachi:d document, f umbel of lmtws an d date. I,ncirate the capacity claimed 6y the signerif the claimed eairtcdp corporate officer, indicate the title (i.e. CIU CFO, Secretary) • Securely attach this dist mens to tete signed document State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Oise additional sheets if needed.) Subcontractor's Information sid (tem Description of Work ^ ^ ° _ Ij Num Total Ba( Bid Nam ,!A� ws Addi STARLIGHT SLRVF 1ING, INC. , 17955 Sky Park Circle, Snite p rL- Vot " > Irvine, CA 92614-6372 Pho 949-757-066.3 State License Number: Na..,,,. 4755 Lanier {toad Chino Hills, CA 91760 909-627-1336 ` PtLie. #583125 ELECTRICAL State License Number: Name Ac THE PATTERSON COMPANY P.O. Box 4158 t �` Orange, CA 92863-4158 i d 714-282-7292 Ph Lie. # 398409 C29 MASONRY `; t State License Number: GMC Engineering, Inc.% Bidder Authorized Signatur /Title 8 Gennady Chizhik - President City of Newport Beach MYTAVMIRIMs rr. Fri. Contract No. 5276 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid item Description of Work aro of Number Total Bid Name: Ad(BLACK ROCK CONSTRUCTION � 282 N. St. C rispen Brea, CA 92821 � � ✓ d � 714-412-3106 Ph( Lie. # 943308 PCC Concrete State License Number: Name: 67 Ad STAR LANDSCAPE & MAINT. 1.300 Beechwood Fullerton, CA 92835 714-529-2548 Ph Lic. # 329274 C27 Landscape I Irrig. State License Number: i Name: Address: Phone: State License Number: GMC Engineering, Inc. Bidder 4 Authorized SignatureM e 8 Gennady Chizhik - President z LOA•Hog 6=5 Contractor must use this form!!! Please print or type. Bidder's Name GMC Engineering, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. I Project Name/Number- Jamboree Road Improvements Project Description from Bristol Street to Fairchild Road Approximate Construction Dates: From — 10 / 5 /10 To: 2/1/13 Agency Name City of Newport Beach Contact Person Andy Tran P.E. Telephone (941 644-3315 Original Contract Amount $ 1 489 Final Contract Amount $ 1 449, 037.15 907. If final amount is different from original, please explain (change orders, extra work, etc.) through Value Engineering. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No N No. 2 Project Name/Number Measure R: N47 at Sepulveda Blvd. I-111 Project Description Project No. 82012- 48, Approximate Construction Dates: From - 3/18/13 To: 4/26/13 Agency Name City of Torrance Contact Person Craiq Bilezerian P.E. Telephone (31 9 618-3054 Original Contract Amount $_ 1_86_L_Final Contract Amount $- 186,915.20 319.00 If final amount is different from original, please explain (change orders, extra work, etc,) Minor final ouantitv Adjustments Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Rancho Parkway Street Improvements Project Description from Hermana Circle to Portola Parkway Approximate Construction Dates: From — 3 / 27 / ±2 To. 12/26/12 Agency Name City of Lake Forest Contact Person Anqel Fuertes P.E. Telephone (149) 461-3490 Original Contract Amount $_2 L5_9 O_L_Final Contract Amount $ 3,332,158.12 962.20 If final amount is different from original, please explain (change orders, extra work, etc.) Increased Scope of Work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 C Engineering Inca 1401 Warner Avenue, Suite B No. 4 Tustin, CA 92780 Project Name/Number Anaheim Canyon Metrolink Project Description Pedestrian Improvements (Phase' 1) Approximate Construction Dates: From 9/26/11 To: 8/27/12 Agency Name Cit of Anaheim Contact Person Robert Luciano Telephone f14) 765-5286 Original Contract Amount $_2 L 51 4, Final Contract Amount $ 2, 900, 000.00 473.15 If final amount is different from original, please explain (change orders, extra work, etc.) Extended Limits of Improvements. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Convention Way (Transit Plaza) Street Impr. Project Description from West Street t0 1050' East of West Street Approximate Construction Dates: From 7/18/11 70: 1/23/12 Agency Name City of Anaheim Contact Person Robert Luciana Telephone (71 1 765-5286 Original Contract Amount $_1 , 988,Final Contract Amount $__I , 790,000-00 853.50 If final amount is different from original, please explain (change orders, extra work, etc.) Original contract included allowance for additional Improvements that were not done. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 GMC Engineering Inc. 1401 Warner Avenue, Suite B No, 6 Austin, CA 92780 Project Name/Number Main Street Widening Project Description _ and Water Improvements Approximate Construction Dates: From 2/28/11 To: 10/8/11 Agency Name City of orange Contact Person Alan Truong TelephoneVl4) 744-5567 Original Contract Amount $2,05 Final Contract Amount!, 3,071,000.00 938. If final amount is different from original, please explain (change orders, extra work, etc.) Miscellaneous Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General. Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. f GMC Engineering, Inc. Bidder Authorized Siggnature le mm Gennady Chizhik - president 12 GENERAL ENGINEERING CONTRACTOR Lic. No, 739091 A, B Ile: BAYSIDE COVE WALKWAY - CONTRACT NO, 5276 CITY OF NEWPORT BEACH CONSTRUCTION MANAGEMENT TEAM MAY BE ASSIGNED FOR THE ABOVE RE;F'EI2I,NCED PROJECT Gennady C'hizhik—President Involved in Construction since 1979 Served as: Foreman, Superintendent Currently rently serving as: Project Manager, Estimator, Field Engineer Oversees all aspects of GMC Engineering, Inc. .1. Michael LaVoie—Estimator, Project Manager/ Engineer Involved in Construction since 1990 Served as: harborer, Field Engineer, Estimator, Project Manager. Currently serving as: Estimator, Project Manager, Field Engineer ,James Williams—Superintendent Involved in Construction since 1998 Served as: Laborer, Operator Performed work in Grading, Concrete, AC., Underground Utilities, etc. Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising Ernie Betts — Superintendent Involved in Construction since 1978 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising. Art Sanchez — Superintendent Involved in Construction since 1985 Served as: Laborer, Operator Foreman Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising.. 1401 Warner Avenue, Suite B. Tustin, California 92780 • (714) 247-1040 Q Fax (724) 247-1041 emlirmakir State of California ) ss. County ofOrange ) Gennady Ch i zhik --,being first duly sworn, deposes and says that he or she is President of GMC Engineering, Inc, , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly coliuded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California th e foregoing is true and correct. GMC Engineering, Inc. Bidder Authorized Signature/Title Gennady Chizhik,— President Subscribed and sworn to (or affirmed) before me on this day of 20 SEE ATTACHED by proved to on the basis of satisfactory evidence to be the person(s) who appeared before me I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. 13 of the State of California that the Notary Public My Commission Expires: State of California County of Orange On July 16, 2013 beforeme,Barbara A. Myers,, Notary Public A icie miter narnc IV A Lille (if Itic off icer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the persona whose nart-I is/a+2 subscribed to the within instrument and acknowledged to me that he/she/rimy executed the same in his/heP/fir authorized capacity�,Jk+�-), and that by his/jaer/thCtf signatures) on the instrument the person(, or the entity upon behalf of which the persol acted, executed the instrument. ( certify Minder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE: ATTACHED DOCUMENT Non -Collusion Affidavit ( I the or description of attached documamt) Bayside_cove Walkway _ (Title or de_mrlp8on o! attached document continued) Numberof Pages 1_ Document Date _N/A ,----- _ Project#_5276 ----------- (Additional _______(Additional information) CAPACI FY CLAIMED BY THE. SIGNER individual (s) X Cotporate Officer President _"_._ —(title) �] Partner(s) ....I Attorney -in -Fact i Trustees) 7 Other 2Ues Vcrs cn ('APA v12.11)_07 SW -$73-9H65 www_idotaryC ,,eis.core INSTRt}CTIONS FOR COMPLETING THIS FORM Any a-kncmvtedgmervr conapteted at Ca}farnal 2ncc1 solvent asstsrge eceant as cppater abuse in the snort, section ar a sepro ate acknmeledgnteni fowl masa be proper(g corrrplehed and oub0ced for pan alocmnent_ The ally e.ecephtun m j cr document ;s to be recorded oudside at California fit sa+ch orylances_ env alIIrrrauro-r acAnowhalgn¢ern verbiage as rnto be printed on such a rdocione'n so Ion" me rhe verbiage does not require Use notary to do something that is diegal for a no¢n)' in California fre" aeruffing the outhortzed capacior of the signer). Mewe check be, document carefudi fie proper notarial it ousting and chain fins form rf r^ugutted. • State and County information must be the State and County evhere fhc doalmC t signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the s'ignere) personally appeared which must also be the same date the acknowledgment is completed. • 'rhe notary public must print his or her name as it appears within hu or her communion followed by a connma and then your title (notary pui,lic). • Pdnt the named) of document signers) ouho personally anecar at (hc time of nnYarvufion- • inciiaate the torrem singular or plisses forms by crossing asl' fncorreot I(aM, ;l o. kelsheAhey is /are l or curling the correct forms- Fa=iure to eorwlly indican( this fnfonmanon may lead to roccoon of document recording • The notary seal imiressiotn must he clear and photograttPrlcdtlly writoducihle. Impression must not cover text or lines_ Ifseal impression snwd , s rc scat if e su cieni arca peerw iLq, otinerwi>e complete a different ecknowledprncn[ one • Signature ofthe notary public must match the signature on file with the otlice of the county clerk. Additional information is not required but could help to ensure Uri, acknowledgment is not misread or attached to a diffcrnni detriment. . Indican title or type ofateched document, number i f (ligan and date. Indicate the ctapaeity claimed by the signertf the claimed (attach) is n corporate officer, indicate the title (i.e. CGO, CFO, Socretar, I • Securely attach this document to the signed document a. S 0 1aIT i Bidder's name GMC Engineering, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): r_OR Western Surety Company_ JRG Surety and Ins. Agency 1455 Frazee Rd., Ste. 801 24382 Hilton Way San Diego, CA 081Niguel, CA ^92677 Ph: 619-682-3512 Ph: 949-448-7910 Contact : Jeffrey R. 0 Contract No. 5276 o , o0 Bidder's Name GMC Engineering Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2012 2011 2010 2009 2008 Total 2013 _ No, of contracts 3 2 3 2 5 6 21 Tofal dollar _ Amount of Contracts (in J,300,000, 15,5'co,eoo.7,4o%;V.57, 7,aSo,%a3, 71143,aJ4 747$7573, !0,44i),145 Thousands No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No, of lost LL workday cases involving TOO permanent 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 Legal Business Name of Bidder GMC Engineering, Inc. Business Address: 1-401 Warner Ave. , Ste. B, Tustin, CA 92780 Business Tel. No.: 714-247-1040 State Contractor's License No. and Classification: 739091 A and B Title General Contractor The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Gennady Chizhik July 16, M2013 — Y� President Gennady Chizhik- %4F July 16. 2013 _ 9�'1r 11� R1 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities, ire State of California County of Orange On July 16, 2433 beforeme, Barbara A. Myers, Notary Public (licce insert name auq titre of tnc ofiictirc} personally appeared Gennadv Chizhik who proved to me on the basis of satisfactory evidence to be the persun(a'j whose namejo is/ave subscribed to the within instrument and aclmowledged to me that he/s,4e/they executed the same in his/bet/tkkeir authorized capacity(ji�s), and that by his/4er/tIlit signature(,$) on the instrument the person(, or the entity upon btllaif of which the personf4 acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ �&R9�R� Foo 6I rad W l f,NE',SS my hand and official seal Z IAROARuble • Comm MW Owl (NotaryScai) 6 C i ti ignaaun of Notary public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHES) DOCUMENT Contractors Safety Record tI life or dcsenption ofattached document) Bayside Cove walkway ((i We of description of attached document continue=d) Number of Pages 2 Document Date__ 7 /1611 Contract #5276 - Newport Beach (Additional information) CAP,ACTI Y CLAIMED BY THE SIGNER ."I Individual (s) 1 Corporate Officer President_ /Secretary (title) CJ Partner(s) I.J Attorney -in -Fact 1-1 Trustee(s) Cl Other 20{;d Vcrsiru CAPA a 12.10.07 800-573-9865 ,is No tr Cl ssc,com INSTRUCTIONS FOR COMPLETING THIS FORM Any aeknmtdedgmer<i rompfeled !n Calffarma mus, ratan ,arGiage ex,wib rs wears above in the notary' section or a sepcmao, r hmo; tedmnernfi, it ...1.1 or, /;repo€Iy completed and atdached to that doc mann. the only eaeelomit i., ra document is to be reeves ed toro7de 0j cakfarnea. La ,saefr an an `es, vel itheriatcr acAtisioedgmeot mernfoge as miry• be printed ort such a docionest su lung ax the verbiage does not require the notary to do smnething that is Wegal for a noica I, or Cal forma (recer ojjeag The authorised capal,dy of the sigrei) Nleo.m chcrk Ore document carefulp forproper notarial itording and attach tins isms if regarreol • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for aekno" Icdgment • Date of notarization roust be the date that the signer(s) personalty appeared which must also be the severe date the acknowledgment is completed. • line notary public roust print his or her name as it appears within his or Iver commission folbroad Lye comma and then your title treaty Lithble). • P of the maae(s) of document sign l,(s) oho perso sty appear at flew haic or nocal abOa • orcherie the correct singulSar or tateal forays by crossing CEP incorrect corms tic. 4/sk+eigl, istame)oreiraling the correct forms _ Failure to correctly indicate tris information may lend to m eepon of document recording • The acidity seat hnprksnion must be clear and pho'utgrdphirtaly reprodavible. Impression must not cover fcd o lines Ifseal Impression smudges. rco-,utal it a sufficient area points- otherwise complete a different acknowk a nivot d rom. • Signature of the notary public must match the signature on f ile www the office of the county clerk. Additional int"ormation is not required but could help to ensure this aeknossit;d)atrrertl loot misused or etiached to a difierunt document Indicaix; title or type ofatfached document, number of pe(;es and date. Indicate the capacity claimed by the signer. If the elnlmoei capncitr i.9 n corporal£ off icer, indicate the title (i.e. CFO, CPO, Sccrciary)_ Securely aarsth this document to the signed document GIVIC Engineering Inc. 1401 Warner Avenue, Suite B City of Newport Beach Tustin, CA 92780 C .•�Tift�T.�k,'C.�.7+a►Z Bidder's name GMC Engineering, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received __Signature% 17 i OWIA 0 . 0 Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation GMC Engineering, Inc. Business Address: 1401 Warner Avenue, suite B, Tustin, CA 92780 Telephone and Fax Number: 714 -247-1040 714-247-1041 California State Contractor's License No. and Class:— 739091 A and B (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/11/97 Expiration Date: 8/31/13 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Gennady Chizhik - President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: le= - Title Address Telephone Gennady Chizhik - President 1401 Warner Avenue 714-247-1040 LL=.� Secretary Suite Be Tustin, CA 92780 and Corporation organized under the laws of the State of California In MC Engineering Inc. 1401 warner Avenue, Suite Tustin, CA 92780 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: a All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: GMC Enqineerinq, Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 100" Briefly summarize the parties' claims and defenses; q Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes / o M Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Gennady Chizhik (Print name of Owner or President of Corporation/Company) GMC Engineering, Inc. _ Bidder Authorized Sign urelTitle President Title July 16, 2013 Date On before me, Notary Public, pe ally appeared who proved t e on the basis of satisfactory evidence to be the person(s) whose name(s) 'stare subs d to the within instrument and acknowledged to me that he/she/they executed the same ' is/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under th s of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officia in and for said State My Commission Expires: 20 SEE ATTACHED (SEAL) State of California County of ____Orange On July 16, 2013 beforeme, Barbara A. Myers, Notary Public (Here insert name and title alhe stiicer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(,r whose name(*is/aK subscribed to the within instrument and acknowledged to me that he/skre7`tbey executed the same in his/lacy/tbee1' authorized capacity(ye-), and that by his/bef/tjxefr signatureW on the instrument the personfa'f, or the entity upon behalf of which the person(RTacted, 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. ®AnRSAiAA A. MYW!1019 419 sell.ifc- CaliforniaWIfNESS m hand and official CmPbn CPQ Orange County Jun £ M Comm. fz lies t. 2616 Signatm'e ofNoary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Info. Required of Bidder ( rf or description ofattached document) Bayside Cove Walkway (Title or desenpbon of attached docturan t court nued) Number of Pages 3 _ Document Date 7116/1 Project #5276 — Newport Beach (Additional miormation) CAPACITY CLAIMED 6Y THE SIGNER G Individual (s) Corporate Officer President (title) Partners) D Attorney -in -Fact Trustees) Other 2008 Verson C A PA, 12. 10.07800-873-9865 wsew .NoftayCIasses com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Carfornia must contain m•e,hroge exodli as appears above in the notary section or a seporaie acknmtdeegmentfront must he properly completed and attached to that document. An omit exception is if a document is to be recorded outside ofCasfrrrtia_ as catch it,,nauIs, amp aheurmrve acknowledgment verbiage as snap, be printed on sash a docnnient so long as dte v=erbiage does not require the notary to do something that is niegalfnr It notary in California (Ee_ certfying the authorised capacity of she signet). Please chedr ate document carefully for proper notarral a In note and a est h nns form rirequired • State and County information must he the State and Count, where the d(eunvent signers) personally appeared beloreihe no'ary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tole (notary public) • Pnnt the names) of document signers) who personally appear at the lima or notarization. • Indicate tic correct .: age] ar m plural forms b/ crossing orf oro net Rona (;.c. tae/shekkey- is sre I or diel ing the correct ferns I saI res to sen sed} i nd,rate or inforrnation may lead to rejection of document recording_ • "the notary seal impression must he clear and photographically reptisawthic. Impressinn must not cover test or Tinesif seal impression smudge_ m -sal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on Iilc with the office of the county clerk. Additional information is not required but could help to ensure This acknowledgment is not misesed or attached to a d d lercnl document_ Indicate title or type of attached document, member of pages and date. Indicate the capacity claimed by the signer. If the clammed capacity a it corporate office[, indicate tire title (i e_ C!_Q, CPO, Secretary). • Securely attach this document to the signed document GIC Engineering Inc. 1401 darner Avenue, Suite G Tustin, CA 92790 •' to :-., s • 11 r The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 MIN THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 8th day of August, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMC ENGINEERING, INC., a California corporation ("Contractor"), whose address is 1401 Warner Avenue, Suite B, Tustin, CA 92780, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B, City has advertised for bids for the following described public work: the work necessary for contract completion consists of disposing of all of the existing improvements as needed to construct new sidewalk, walls, railings, landscaping, irrigation and other systems as shown on the plans for Bayside Cove Walkway (the "Project" or "Work"). C. Contractor has been determined Contractor's bid, and the compe Contractor's careful examinati specifications. by City to be the lowest responsible bidder and isation set forth in this Contract, is based upon �n of all Contract documents, plans and NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-5276, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein, Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Forty Seven Thousand Nine Hundred Sixty Six Dollars and 60/100 ($147,966.50). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: GMC ENGINEERING, INC. Page 2 Attention: Fong Tse, P.E. City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Gennady Chizhik GMC ENGINEERING, INC. 1401 Warner Avenue, Suite B Tustin, CA 92780 6. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner GMC ENGINEERING, INC. Page 3 relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided Linder this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them), 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7,5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties, 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8,3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. GMC ENGINEERING, INC. Page 4 9. EFFECT OF CONTRACTOR'S EXECUMN Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract, GMC ENGINEERING, INC. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: $/ Z-0/3 in Aaron City Attorney ATTEST: Date: Pldt , 3 By: Leilani I. Brown City Clerk C�" CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONTRACTOR: GMC ENGINEERING, INC., a California corporation Date: By: X n Gennady Chizhik President Date: —Jr`/& By: C)� Gennady Chiz k Secretary [END OF SIGNATURES] Attachments: Exhibit A – Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond GMC ENGINEERING, INC. Page 6 C: +' 1 State of California County of orange On Aug•__$.,_2013 befioreme, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared Gennady Chizhik _. , who proved to me on the basis of satisfactory evidence to be the person(sj whose name(8) isfare subscribed to the within instrument and acknowledged to me that het'siie/thq executed the same in his/her/ 46r authorized eapacity,(es), and that by hislkethir signature(,} on the instrument the personal, or the entity upon behalf of which the person(S-acted, executed the instrument, ADDITIONAL OPTIONAL INFORMATION DESCIl IP`PION, OF THE ATTACHED DOCUMENT' Bayside_,C-ove Walkway (rale or description of attached document) Contract No. C-527_6 (Title or description of attached document continued) Number of Pages 6 Document Date 8 / 8 /13 City of New op rt Beach (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate, Officer President (Title) Paint er(s) ❑ Attorney -in -Fact ❑ Trustee(S) ❑ Other 2008 Version CA PA v 1210.07800.873-9865 www NotaryClassesrom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appeaps above in the notary section or a separate acknowledgment form must be properly completed and attached in that document. life only exception is If a document is to be recorded outside of California, In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to do something that a illegal for a notary in CaIllbnrta (i.e. ceritTing the authorized capacity of the slgereel. Please check the document carefully for proper notarial rnordimg and attach tits form ii -required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (re, hendrekbey,- is fare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. impression must not cover text nr lines. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowiedg Trent fano. • Signature of the notary public must match the signature on file with the office at- the fthe county clerk. Additional information Is not required but could help m ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (ie. CEO, CFO, Secretary). • Securely anach this document to [he signed doctimem WAIUMM �, i NUIR1111154WOMNU 0 xJ I I I I I Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to cornply 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 providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers, B, General, Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an GMC ENGINEERING, INC. Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for ail activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed GIVIC ENGINEERING, INC. Page A-2 5. officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. agreements with subcontractors into contracts with on behalf of Failure of City to request copies liability on City, or its employees. Contractor agrees that or others with whom City will be submitted of such agreements w upon request, all Contractor enters o City for review. ill not impose any D, Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. GMC ENGINEERING, INC. Page A-3 E. Re quirements not UmLtip -g. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, Ili -nits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type, F Self-insured Retentions, Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indernnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for_Non Com lip If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. K Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1. Coverage not Limited. All insurance coverage and limits provided by Contractor ac_tor andavailableor applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage, J. Coverage_ Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from GMC ENGINEERING, INC. Page A-4 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. GMC ENGINEERING, INC. Page A-5 Premium; Included in Perrromance Bond "00,:im'•�- WHEREAS, the City of Newport Beach, State of California, has awarded to GMC ENGINEERING, INC. hereinafter designated as the "Principal," a contract for Bayside Cove Walkway in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Suretv Comoanv duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Suret)") are held and firmly bound unto the City of Newport Beach, in the sum.of One Hundred Forty Seven Thousand Nine Hundred Sixty Six Dollars and 501100 ($147,966.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION 13 SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. GMC ENGINEERING, INC. Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7th day of August 2013 . GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone 0 Authorized Siggnat refritllt e Gennady Chizhik- President A for zed A6enf Signature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GMC ENGINEERING, INC, Page B-2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kwon An Men By That Presenia, That WESTERN SURETY O,7MPANY, a South Dailota corporation, is a duly organized and existing corpmetion having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of rhe signature and seal herein axed hereby make, conshruic and appoint Jeffrey R Gryde, Individually of Laguna Miguel, CA, its hue and lawful Attorney(s)wo'fil t with full power and authority hereby rwnferred to sign, scat and execute for and on its behalf bonds, undertakitrgsand other obligatory instruments of similar oatare - In Unlimited Amounts - and to bind it thereby as May sad to the same extent aro if such Instruments were signed by a Ally aWtarizad ofFccr of the corpotatior std all the eott of said Attorney, Pursuant to the authority bereby given, are hereby ratified raw confirmed. This Power of Attorney is made and cxeouted pursuing to and by authority of to By -Law printed on the reverse hicnot duly adopted as indicated by the shareholders of the aorpon tion. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be sign -d by its Vice President and its corporate seal to be hereto affixed on Ihis Ift day ofOclaber, 2012. WESTERN SURETY COMPANY ��•� fir_ aul T. 8mftnt, Vice President State of South Dakota County of Miarchaha On this lihh day D(Oclober, 2017- below me personalty own Paul T, Bruflat, tome known, who, being by me duly sworn, did depose and say; that he resides in. the City of Sioux Falls, State of South Dakota: that he is the Vice Resident of WESTERN SURETY COMPANY described in and which executed The above instrtarrnt; that he knows the seal of said oorporation; Out the seal Mixed to the said instrument is such co puratn seal; that it was so affixed puruhant to authority given by the Board of Directors of said corporation and that he signed his name thereto pusamutt to like authority, and acknowledps same to be ibe act and deed of said corporation. My commission expires . J. MOHROHR ..+«.e. Jany 23 201 S PUBLIC baaara sB,a' [r J. Mohr, Notary Public CFATIFICATE L L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hemby, certify that the Power of Anstraey hereinabove set forth is still in force, and further certify that the ByLaw of the corporation printed on dx reverse hereof is still in force, In testimony whereof I have hereunto subscribed my name and affixed The seat ofTht mid corporation this 7th day of August 2013 tla�aa��a, WESTERN SURETY COMPANY 01, - L. Nelson, Assistant Secretary Fmm Fe28d-74011 State of California County of Orange On August 7, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. WITNESS my hand d official seal.., Y %� A ADDITIONAL OPTIONAL I FO IAIION DESCRIPTION OF TETE ATTACHED DOCUMENT Title to, desmnaw. of 3nacRota dte-amen, i tick or dtscrget" afottach-d doeamnemt crsµsnuisti Nu€n[crofPages axtsmClilDate (Addeiur, at tTP'uVSMAtitoO � ^ c.s.aC r aA111;r BY T HS S" IG lER L Individual (s) C Corporate officer T00 t.;} Pa€sateais� E) Otttcr rN5TRLCT ONS FOR COMPLE HING THIS FORM AV aetricrnrieu',_r'mrczn Completed in callfarada mlete ieni e to taro'bimge exacify ne ,aspeiv e et&me fez the notary section tar o setaasose aeanowtedgmenat,p m must be ,ueoxpa: tG completed anvf atter hed tet Am deos meet. M7 cunt, aixotxafaa is br ¢ donee ee r £r In he r'eeord'ed atuarfae ofCeayf oetux. In sea h fusiano , enj ateon je, uctnowfeddrarnr wm1nage, at mm be prbrtrd or such a docomenf to long as the 4 €rbiage aws not yaquiw de sionvy to do >om,erbing 04ox is ifie z.`,Por a nutag in Cetijorm(r (kc rerli_fWa""rag the audailiaetl eestutio n grohr signer)- Please check she o4nument cvre{tmftn jar piwper Manurial wau't#ng mid aeowk sins fam Ft'.+'equored. • Sime and CCURTy fufarrneep3eso snrtat be the Stade and {,enmity whctt Ole d0cuntM sigryc4(s't l5ct-srrnalBy smeared Wore. the Mutiny public fire aeknawleeN$raeas. • Date of a013117407i allot be the do ft that the segno iz };ersonetiy appaared which ninon abler he the name date the naknrnwkdgni eit is avanptet & • da,z notaey gmM@c mutt pritif his or hxr Mame as it Appeae, within hcs re her szrenxi5&b'v'erla €renewed ay a c=ttxlaaru anti ahtea yuue title (saidsry fvah6ia1. • Nita the natniM of dwon-time sigartlls) who pnesonalb, appear at do, time of antneottiawn, • tud st. die Correct oinguirtr or plana! Knots bw eterss,etg o6T inteorts i j faxonc tie hvea3an - w f;mm 9 crc c¢niexg 3fac arrn~p f fuvam. 3'netaee tc ;,narctaty manete ihin aarfox,r,atisrtz easy foam to lejec aim. of dowasocia: rc cedlt€p. • rhe etaatnra sent anpcecsion must tnt eh:ar aw owliogrsphicalay tefurododwe bespeesnaa>o tams! MCA Cover test of Wmee, K seal impiessroa vntxtpehs, !reseal If e sutriwallB arca poatsrn, (Atermise completca ddlezeaat ac&nmwCudgtnaaM £brut. • Signan€x ai ate, carman punk stunt anich the agpanarc on Me with Vie office a; the cocitu y cSm)L. -'r AddoatoaI a¢r£rarnataan K mei rtqu#,W but Could help To eassnte the auEuacvnied ,rearmC is not ulMuseld or atuthoi to a di letin€ docantent. ^� € usheabe t#k tw eype o(snaolbod document, n ninbin ofpnei and dave. ra hrdicate the capacity thinned by The signer. 3f" the cleime ii capacity is a cnvYk%rate crtt¢txs, sndccate ehc xotgQi.e. f."�R3. 47F'€f=Pae,^ecaaay}. • Securoty attach this docurtane to the signedthm,,wi ssap k MJ6, a,k RIANIN Stale of California County of Orange Oil_AU 1 7, 2013 beforeme,_,Barbara A. Myers, Notary Public _ I (fare insert name and title of the officer) personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the personso whose name) istaI subscribed to the within instrument and acknowledged to me that he/,shc/I executed the same in his>46f/tie r authorized capacity(jali� and that by his/kVtheir signatures on the instrument the persan(a3', or the entity upon behalf of which the person(( acted,, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a f X49 WETNESS my hand and official seal g� Sin gature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT T r me or otsc'tocivin or uaac;eu aocumeny Bayside Cove Walkway (TTile or description of attached document continued) Number of Pages ,__2 Doorm ent Dafe--4/7,/ 1 3 Contract No. C-5276 — NB (Additional information) CAPACITY CLAIMED BY THE SIGNER Individual (s) X, Corporate Officer President w.—(Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 200S Vrsi,,n CAPA v12.10.67 360-873 9365 www.NotaryCIarive cam INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate aaknowlet/rgtaent form must be properly completed and attached to that document. The only exception is f a document is to be recorded ourside, of California. In such instances, any alternative acknowledginum verbiage as may be printed on such a docunums so long as the verbiage does not require tire notary to do something that is illegal far a notary in Califirrma (i.e. certifying the authorized capacity of the signer). Please check the document carehdty for proper notarial wording and attach chis form y'required. • State and County information must be. the State and County where the document signers) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signets) personally appeared which must also be the sante date tire acknowledgment is completed. • The notary public must print his or Iter name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of notarization - • Indicate fie correct singular or plural forms by crossing off Incorrect forms (i.e, he/she/they,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary scud impression must be Gear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the officeof the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, Indicate title or type of attached document, number of pages and date •P indicate the capacity claimed by the signer. If the claimed capacity is a corporate affect, indicate the title o e. CEO, CPO, Secretary). • Setntrely attach this document to the signed document s •s• cs • s i The premium charges on this Bond is $ 1590.00 being at the rate of $ 1.0& thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GMC ENGINEERING, INC. hereinafter designated as the "Principal," a contract for Bayside Cove Walkway in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company _ _ duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty Seven Thousand Nine Hundred Sixty Six Dollars and 50/100 ($147,966.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. GMC ENGINEERING, INC. Page C-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Perfomnance 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 duty executed by the Principal and Surety above named, on the 7th day of August 2013 . GMC Engineering, Inc. " �f Name of Contractor (Principal) Authorized Siignat �elTitle Gennady Chizhik - President Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 82108 Address of Surety 619-682-3550 Telephone r dem Auoriied Ag t %nature Jeffrey R. Gryde, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACKED GMC ENGINEERING, INC. Page C-2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Kram Ari Nita By These Prtsenta, Tttat WESTERN SURETY COMPANY, a South Dol ota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Daketa, and that it does by virtue of the signature and seal herein axed hereby make, eonsdrtne and appoint Jeffrey R Gryde, Individually of L"Ai Niguel, CA, its tine and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and =muw for and on its behalf bonds, undertakings and other obligateay ar atrumtnK of similar oauue - In Unlimited Amounts - and to bind it thetcby as fully and to 0% same extent as if such instruments were signed by a lily authorized officer of the corporation and all the acts of said Attorney, pursuaali the authority hereby given, are hereby ratified ad Andirmae. This Power of Attorney is made and executed pursuant to and by nuthOnly of dse By -Law pruned an the reverse hereat; duly adopted, as indicated, by the sharettoidds of the corporation_ In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto at%rod on f is ItWt day of October, 2012. WESTERN SURETY COMPANY � dente ar IPVWA T. gruff id; Vice President Slate of South Dakota ss Canmty of Mumehaha On this Igth day of Oaober, 2012, before me personalty came Paul T. Bruflat to an: known, who, being by me duly swop% did depose and say: that he resides in the City of Sioux Fobs, State cfSouth Dakota that he is the Vice President of WESTERN SURETY 00,WANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seat; that it was to affnted pursuant to authority given by the Board of Directors of sitd corporation aid that he signed his namw thereto pursuant w like authority, and adwoMedpis wrat to be dna act and deed of said corporation. My our mistiun expires � J. Me} L c � Iarse 23.2015 near I �� � j "'" J. Mohr, Notary Public CF.8T6FIC4.TE i, L. Nelson, Assistant Secretary of WFSTERN SURETY COMPANY do hereby certify that the Power of Attorney, hereinabove set firth is still in force, and farther certify that the By -Law of the corporation printed on the reverse hereof is still in force, In testimony whereof t have hereunto subsoribed my name and affixed the seat of the said corporation this_ 7th day of August 2013 aWESTERN SURETY COMPANY k L. Nelson. Assistant Secretary Fonn F4280.7,2011 State of California County of Orange On August 7, 2013 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •E. OMW �a 59 WITNESS my • and. " *"ticatary Public - California Orange County�l Cr E!,M Apr. ADDITIONAL OPTIONAL INFORMATION TION DESCRIPTION OF THE ATTACMED DOCUMENT lTifle cmdercrir�arnn "+f sNaa£ead da+aame�rtt__..� O'itle or desuni tion ofsilaelicl dctteune-nt €oner uatl$ Num.bcr of Pq __ IlacanicnT Date________ (Rdi3e�anReal infnrmatacm} CAPACl nt` CLAIMED BY THE SIGNER L Individual (s) ❑ Caxrate C)itaczr U I'attncr(0 ;"Etc�erztcy-azz-Freer ❑ T9Yt3SCC(4� Odder INSTRUCTIONS FOR COMPLETING T141S FORM Any, ackow.'le4gMena coempleted in cayernio Mutt conoun "erhmexr exactly ae appe'Pnrs ah),e in Ake rruia*y section ar ar separate edttrotrle+downifinm muse be P'operty completed and enwhed to that 4".umemi. ')Use onhe erurepreeo ds or a rducrraent is tit hs areoru' ouisife In sera detctaar€es, apt a gemenee ac rroardtefgsnent vaeN41e as may be pe';n€ei oar lurk a docttwstnr to Aseg es do, v 1derge Aws not regn4ine Aw nobory to dr numething dear is diegtl fv, a num" hi Cealffarrrda fix cer ij,4ng; Ike au dwise d capaeft of she ttgme,-y Plevee+ chest llae cfaetumsnr v^Mar-rin+tty}or ppnper nsraretzl wrndtug urrd ottemtiv rlcisparaa tiregieured. s Stove aad Lzwnty ttafuTiMAisue Mw ear do state orad Csxrmvr wher€ rite ductxnrabe sips #sl fersimaiiy am rued WOM the notary rrsbiic f aektiawde3grwenn. • DMe of rxmaeiratirna Meet hebite data than the signer sj reren nilly aMoerad which Inst slew be die ovi edaac theis caraupteted. • 7"iae nnnary rebelic angst Itrutt Isis or Art name is it a{spesas w4irs Aix it hes aaa hues m fsalkm sod by a comma and than yo w10 ire eery smet+3lct. • Fria the name{xt of &�u,aewb sigm4ri'mi who pmuxestly appear a9 the terra: ®f ewraria tion, • Indieatn tAc correot ;elopA r or plawaV fbans by cr,et ng off innexrw t'enaia ice bwAbee t•!am) or cdreiisg ttac,oneet tau-ras. ratinse to correctly wolinue 1hir ailb oiett on aauy lead to rejection of t1mcutzrmint rotor #Ing,. • The ootery scat ampreseiraa Inst be <Ncir nod plutn<i€}aptticxlEy mpeoducelle hupmaeon taton nett toga next or fume . t!'sma¢ impicuskm qct ea, re -$Cal if a su(rwicne arca peniote, 0herwise <elnpicta a diffref'emt ackno-wiedgulem forol. • Mgnatunr 4 the aotari p atrlic t[wsai Match the upature on file with the offime of She o(wiEy cberk Addonmmt inil tnatine is mot reriui5tiai but owid help Ira ensmur this acktaowlcdhisimnt is nit attaadyd or attached u+ a d0fetrat elautuncnt. 4, indiewtilik to tyke ofittachoil documena, npeeabaxcrfr+.ages and date, '$ tttthsate the r4lea my daiattnt Ay the siAlrerif the okirn.M ca}mcity is a cexp<atntr.c+€iic.^e€_ indlratellw. tatlr{r,c CE0,C:Fa), Sessrzatyi • 5cY'iaraEV s§4xch thio donu�nt is tint £sget€tl s'�cauarant 11 #. . ..#; State of California County of Orange On Aug. 7, 2013 before me, Barbara A. Myers, Notary Public (Here insert name and title of the officer) personally appeared k who proved to me on the basis of satisfactory evidence to be the personfg) whose name(s) is/axe subscribed to the within instrument and acknowledged to me that he/,,heltjwJ executed the same in his/her/theif authorized capacity(ies), and that by his/her/Lhefir signaturets) on the instrument the person(s), or the entity upon behalf of which the persons 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. Gaston 9998419 WITNESS my hand and official seal. 8atar� he •CaBdorn6e M Comm. E tree ion 9.2016 tl Sign:duraof Nmap Public l (Notary Seal) 1� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Faithful Performance Bond (;"itle or dcscri prion of munched document) Bayside Cove walkway ('I itie of dcscri puion of attached document continued) Number of Pages 2 Document Date 8/7/13 Contract No. C-5276 — NB (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) V\ Corporate Officer President (Title) ❑ PHrtner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CA PA v 12.10.07800-873-9865 wwwFlotaryClasses"com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California merit contain verbiage exactly as appears above in the notary section or a separate acknowledgment form most be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required" • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or Plural forms by crossing off incorrect forms It e" qe/she/mio,, is/are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines" If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFA, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 5276 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92563 Gentlemen: GMC Engineering Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5276 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization pkv i't y `� iv"' ttSc? v t @ ;g s f Dollars and _Cents $�% Per Lump Sum 2. Lump Sum Traffic Control @ s� Dollars and Cents $>, Per Lump Sum GMC En ineerir- Inc, 1409 Warner Aven Suite Tustin, CA 92780 PR 2 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Demolition, Removals, and Site Preparattiio"""""n @ p+ts Dollars and Cents $r Per Lump Sum 4. 750 S.F. Construct Masonry Slump Stone Wall @ Dollars and 35 , j 2� Cents $ $ �362,��' er Square Foot 5. 60 S.F. Install Architectural Stone Veneer @ Dollars and j Cents $ 36, $212PP, � Per Square Foot 6. 180 S.F. Construct Concrete Ramp @ 011e_Dollars and 2/, 2-5 Cents $ $ J Per Sq�uar4 Foot 7. 350 S.F. Construct 4" Thick Concrete Sidewalk 91 @ �G'l�t� "Z Dollars and vG Cents $ / Ze1 $Lf 6, Or Per Square Fo t Lump Sum Construct Pilaster @ G k �Le e,4eo,' Dollars and Cents $ z.6,po ° &0 Per Lump Sum GMC Engineerina Inc. 1401Warm rAvenL Suite Tustin, CA 92780 PR 3 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 70 L.F. Install Decorative Fencing 1 14, - @ e�y Dollars 4 /,J and 1-H Cents P Li' rlea' r400t 10. 4 EA Install Decorative Gales and Cents 3z5- OD $ �' no Per Each 11. 80 L.F. Install Ramp4 Railing @50 e-7 Dollars , and Cents $ 600 �o mo, 19o) Pe Liner P-6ot 12. Lump Sum Reinstall Existing Balboa Island Sign VX/C f 1"Vey —Dollars and Cents Per Lump Sum 13. Lump Sum Re ate All Existing UPtities J} Dollars and Cents Per Lump Sum 14. 4 EA Install New Utility Meters and Boxes "'P J and Cents $ Per Each GMC Engineerir- Inc. 1401 Warner Avent- Suite B Tustin, CA 92780 PR 4 of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. Lump Sum Install Irrigation System Dollars and Cents $ C) Per Lump Sum 16. Lump Sum Planting Preparation _Dollars _ Cents $ Per Lump Sum 17. Lump Sum Install Lan soaping Dollars and Cents Per Lump Sum 18. Lump Sum 120 -Day Plant Establishment and Maintenance Period @O -W? ,-,//Dollars and Cents Per Lump Sum 19. Lump Sum As -Built Plans @ Two Thousand Five Hundred Dollars And Zero Cents $ 2,500.00 Per Lump Sum GMC Engines 'ng Inc. 1491 Warner Av6..je, wife B PR 5 of 5 Tustin, CA 92788 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN and Cents July 16, 2013 Date i . C -✓e n -- 714-247-1040 / 714-247-1041 Bidder's Telephone and Fax Numbers 739091 A and B Bidder's License No(s). and Classification(s) Dollars Total Price (Figures) GMC Engineering, Inc. Bidder IRN Bidder's Authorize Signature and Title Gennady Chizhik - President 1401 Warner Av., Ste. B, Tustin, CA Bidder's Address 92780 Bidder's email address: _ gennady@gmceng.net Last saved by srooks06/25/2013 1:06 PM t\userstpbw\shared\contracts\masters\CASTAWAYS PARK REVEGETATION.doc i 1 9 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 I PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAYSIDE COVE WALKWAY CONTRACT NO. 5276 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.3 Survey Service 2-9.4 Line and Grade SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 6-1 LOCATION 6-2 PROTECTIONS 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule i 1 9 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 I 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Service 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours, Barricades 7 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 8 7-10-6 Notice to Residents and Businesses 9 7-15 CONTRACTOR LICENSES 9 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 9 7-17 TEMPORARY WATER MAIN BY-PASS 12 7-17.1 General 12 SECTION 9 MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 12 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201-1 PORTLAND CEMENT CONCRETE 13 201-1.1.2 Concrete Specified by Class 13 201-2 REINFORCEMENT FOR CONCRETE 13 201-2.2.1 Reinforcing Steel 13 201-7 NON -MASONRY GROUT 13 201-7.2 Quick Setting Grout 13 201-9 ARCHITECTURAL STONE VENEER 13 201.9.1 General 13 201-9.3 Mortar 13 SECTION 202 MASONRY MATERIALS 13 202-1 CONCRETE BLOCK 13 202-1.1 Masonry Units 13 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 13 212-1 LANDSCAPE MATERIALS 13 212-1.1 Topsoil 13 212-1.1.1 General 13 212-1,2 Soil Fertilizing and Conditioning Materials 14 212-2.1.2.3 Commercial Fertilizer 14 212-1.2.5 Mulch 14 212-1.4 Plants 14 212-1.4.1 General 14 212-2 IRRIGATION SYSTEM MATERIALS 15 212-2.1 Pipe and Fittings 15 212-2.1.3 Plastic Pipe for Use with Solvent Weld or Threaded Fittings 15 212-2.2 Valves and Vale Boxes 15 212-2.2.4 Remote Control Valves 15 212-2.2.6 Quick -Coupling Valves and Assemblies 16 212-2.2.7 Valve Boxes 16 212-2.3 Backflow Preventer Assembly 16 212-2.3.1 Backflow Preventer Enclosure 16 212-2.4 Sprinkler Equipment 16 212-3 ELECTRICAL MATERIALS 16 212-3.2 Conduit and Conductors 16 212-3.2.1 Conduit 16 212-3.2.2 Conductors 17 212-3.3 Controller Unit 17 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300-1 300-1.3 300-1.3.1 300-1.3.2 300-1.5 SECTION 303 CLEARING AND GRUBBING Removal and Disposal of Materials General Requirements Solid Waste Diversion 17 17 17 18 18 CONCRETE AND MASONRY CONSTRUCTION 18 303-11 DECORATIVE STONE VENEER 18 303-11.1 Submittals 18 303-11.2 Quality Assurance 19 303-11.3 Delivery, Storage and Handling 19 303-11 A Warranty 19 303-11.5 Examination 19 303-11.6 Installation 19 303-11.7 Cleaning 19 303-11.8 Protection 19 303-11.9 Payment 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 20 308-2 EARTHWORK AND TOPSOIL PLACEMENT 20 308-2.1 Topsoil Preparation and Conditioning 20 308-23.1 General 20 308-2.3.2 Fertilizing and Conditioning Procedures 20 308-4 PLANTING 21 308-4.1 General 21 308-4.5 Tree and Shrub Planting 21 308-4.12 Payment 23 308-5 IRRIGATION SYSTEM INSTALLATION 23 308-5.1 General 23 308-5.2 Irrigation Pipeline Installation 23 308-5.2.1 General 23 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment 24 308-5.4 Sprinkler Head Installation and Adjustment 24 308-5.4,2 Location, Elevation, and Spacing 24 308-5.4.5 Drip Assembly 24 308-5.5 Automatic Control System Installation 24 308-5.6 Flushing Testing 25 308-5.6.1 General 25 308-5.6.2 Pipeline Pressure Test 25 308-5.6.7 Controller Charts 25 308-6 MAINTENANCE AND PLANT ESTABLISHMENT 26 308-7 GUARANTEE 26 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6037-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS 2-6 WORK TO BE DONE. Add to this section, "The work necessary for contract completion consists of disposing of all of the existing improvements as needed to construct new sidewalk, walls, railings, landscaping, irrigation and other systems as shown on the plans." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the Engineer to.walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SP2OF26 Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is RBF Consulting, Inc. and can be contacted at (949) 472-3505. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 - hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor .......... ........................... 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP3OF26 It � � � � • - 4-1.3 inspection Requirements 4-1.3.4 inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 6-1 LOCATION. Add the following after the 3`d paragraph: "All temporary utility markings shall be made with chalk -based paint. Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 6-2 PROTECTION. Add the following: `in the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and the owner of any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SP4OF26 SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed.' By submitting a bid, the responsible low bidder recommended by staff for City Council contract award has read, understood, and will perform according to the following schedule: • August 9, 2013 - Traffic Control Pian due to Engineer. • August 13, 2013 — Contract Award by City Council. • August 15, 2013 — Contract bonds and insurance documents due to Public Works Department. • August 22, 2013 — Preconstruction meeting. • September 6, 2013 — Notice To Proceed. • September 9, 2013 — First work day. • November 18, 2013 — Last construction work day." 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice To Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated their ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General, Add to this section: "The Contractor shall complete all work under the Contract within fifty (50) consecutive working days after the date on the Notice to Proceed, excluding Plant Establishment and Maintenance. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." SP5OF26 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours for this Project are limited to 7:00 AM to 3:OOPM, Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Since the work site is adjacent to a heavily travelled roadway to/from Balboa Island, no work shall be performed outside normal working hours. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." • • ;�i;i 11• • • 7-1.2 Temporary Utility Services. Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 meter deposit with the City, Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during landscape maintenance period, etc. SP6OF26 City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 7-7 COOPERATION AND COL.L.ATERAL. WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down., 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may NOT be stored in streets, roads, or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newt)ortbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: SP7OF26 a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP shall be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to the Marine Avenue sidewalk shall be maintained during non -work hours. Safe access to the waterfront from the existing Newport Beach Yacht Club parking lot shall be continuously maintained at all times including non -work hours. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain the existing one lane of vehicular traffic in each direction when performing their work. 5. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. A" NO ACCESS TO MARINE AVENUE BRIDGE" advisory sign shall be posted at the westerly end of the existing floating dock." 7-10.4 Safety 7-10.4.1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.6 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.44 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -'inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Nearby Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a City provided construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second City written notice clearly indicating specific dates in the space provided on the notice when construction operations will start, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in'excess of 14 calendar days shall require re - notification. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. "7-16 CONTRACTOR'S LICENSES. At the time of contract Award and until completion of work, the Contractor shall possess a valid "A" Contractor License issued by the State of California. The Contractor and all Sub -contractors, throughout the work duration, shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for SP 10 OF 26 furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, lashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.N. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Demolition, Removals, and Site Preparation: Work under this item shall include all labor, tools, equipment and materials necessary to remove and legally dispose of all items and materials noted for removal on the plans AND to complete all work required to ready the site the receive the improvements shown on the Plans. All construction debris fallen into the Bay shall be retrieved immediately. Item No. 4 Construct Masonry Slump Stone Wall: Work under this item shall include all materials, labor, tools, and equipment to construct the reinforced slump stone wall complete with wall caps as shown on the Plans and Specifications. Payment for Wall shall be measurement from the top of footing upward. Payment for all preparatory work and below grade construction such as soil backfill, soil compaction, surveying, grading, foundation, footings, subdrains, etc. shall be an integral part of the wall paid. Item No. 5 Install Architectural Stone Veneer: Work under this item shall include all materials, labor, tools, and equipment to furnish and install brick veneer pieces, matching the existing units on the Marine Avenue Bridge, with a City pre -approved bonding agent. Work completed without using a City approved bonding agent shall be removed and reinstalled with an approved bonding agent at the Contractor's cost. Item No. 6 Construct Concrete Ramp: Work under this item shall include all materials, labor, tools, and equipment to construct the concrete ramp as detailed on the Plans and Specifications. Payment for all preparatory work and below grade SP 11 OF 26 construction such as soil backfill, soil compaction, surveying, grading, footings, reinforcement, etc. shall be an integral part of the ramp paid. Item No. 7 Construct 4" Thick Concrete Sidewalk: Work under this item shall include all materials, labor, tools, and equipment to construct the concrete sidewalk as detailed on the Plans and Specifications. Payment for all preparatory work and below grade construction such as soil backfill, soil compaction, surveying, grading, footings, reinforcement, etc. shall be an integral part of the sidewalk paid. Item No. 8 Construct Pilaster: Work under this item shall include all materials, labor, tools, and equipment to construct the new pilaster at the landing as detailed on the Plans and Specifications. Payment for all preparatory work and below grade construction such as soil backfill, soil compaction, surveying, grading, footings, reinforcement, pilaster cap, etc. shall be an integral part of the pilaster paid. Item No. 9 Install Decorative Fencing: Work under this item shall include all materials, labor, tools, and equipment to furnish, finish, and install the decorative fencing surrounding the existing landing as shown on the Plans and Specifications. Payment for the installed fencing shall be measured along the horizontal. Item No. 10 Install Decorative Gates: Work under this item shall include all materials, labor, tools, and equipment to furnish, finish, and install the decorative gates complete with the integral locking provision as shown on the Plans and the Specifications. Item No. 11 Install Ramp Railing: Work under this item shall include all materials, labor, tools, and equipment to furnish, finish, and install the ramp railing as shown on the Plans and Specifications. Payment for the installed railing shall be measured along the ramp finish surface. Item No. 12 Reinstall Existing Balboa Island Sign: Work under this item shall include all materials, labor, tools, and equipment to protect the existing Sign in its pre- existing condition and reinstall same with City approved weather-proof mounting hardware as shown on the Plans. Item No. 13 Relocate All Existing Utilities: Work under this item shall include all materials, labor, tools, and equipment to relocate all existing wet and dry utilities boxes, panels, cabinets, valves, signs, as shown on the Plans per City Standards. Payment for backfill, compaction, and the cutting and capping of utilities that will not be reused shall be made a part of the price bid. Electrical conduits and wires shall not be spliced between pull boxes. Item No. 14 Install New Utility Meters and Boxes: Work under this item shall include all materials, labor, tools, and equipment to install new utility meters and boxes as shown on the Plans per City Standards when the existing meters and boxes cannot SP 12 OF 26 be re -used. Payment for soil backfill and compaction shall be made a part of the price bid. Electrical conduits and wires shall not be spliced between pull boxes. Item No. 15 Install Irrigation Systems: Work under this item shall include all materials, labor, tools, and equipment to install all below and above grade irrigation components, services, cabinets, and enclosure as shown on the Plans and Specifications. Payment for water pressure testing, soil backfill, backfill compaction, coverage test, adjustments, and other items of work needed for fully functional systems shall be made as a part of the price bid. Item No. 16 Planting Preparation: Work under this item shall include all materials, labor, tools, and equipment to provide a 30 -day weed kill using customary industry practices with chemical agents pre -approved by the City; a soil test for the basis of adding soil amendments; furnish, place and mix soil amendments; furnish and install other items as required by the contractor provided soil report. Item No. 17 Install Landscaping: Work under this item shall include all materials, labor, tools, and equipment to furnish and install all above and below grade materials as shown on the Plans and Specifications. Item No. 18 120 -Day Plant Establishment and Maintenance Period: Work under this item shall include all materials, labor, tools, and equipment to maintain the planted materials and to replace all unacceptable materials determined by the Engineer at no additional cost to the City. The cost of an extension of this Period due to unacceptable work performance requiring the Contractor to provide additional materials and labor to maintain the landscaping shall be borne by the Contractor. Item No. 19 Provide As -Built Plans. Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for progress payments. The $2,500 City stipulated unit price for this item is meant to encourage the Contractor to complete the As -Built at the first opportunity, The City will not release the Retention without the satisfactory completion of this item of work. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 13 OF 26 'rziy�it:Z•7�1�1.I�ZN��it1� i l[•�sl�La7S 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." (+zi7l�:�e1:Zy i i i x�3 i1:7e1>�ylt•7 � I ��] �1� 7 201-9.1 General. Stone veneer shall be a manufactured masonry product to match existing. 201-9.3 Mortar. Mortar shall be premixed Type N or mortar mixed using components and proportions following manufactured masonry manufacturer's installation instructions. Comply with ASTM C 270. t • A-14RIXON19 202-1.1 Masonry Units. Replace with the following: "Masonry units shall be hollow, Grade N, medium weight stumped blocks and conform to ASTM C90 for Type I Units. Color to match existing adjacent units. The net size of units shall be as indicated on the Plans. Color shall match the existing adjoining units to the extent possible." 212-1.1 Topsoil. 212-1.1.1 General. Add the following: Topsoil shall be Class "C" in accordance with the requirements of 212-1.1.4. Imported soil, where specified, shall be SP 14 OF 26 Class "A" topsoil in accordance with the requirements of 212-1.1.2 212-1.2 Soil Fertilizing and Conditioning Materials. 212-1.2.3 Commercial Fertilizer. Add the following: Pre -plant commercial fertilizer shall be granular 12-12-12 (N -P -K). Post plant fertilizer shall be 14-7-3. Planting tablets shall be compressed, slow-release fertilizer tablets (20-10-5) in 21 - gram sizes. Agricultural grade gypsum shall be a calcium sulfate product (-94.3%). Ninety percent shall pass a No. 50 mesh screen. 212-1.2.4 Organic Soil Amendment. Add the following: Type 1 organic soil amendment shall be used. The Contractor shall supply the City Engineer with a sample of the proposed amendment accompanied by a laboratory analysis from a testing agency registered by the State, which states that the amendment complies with the specifications for approval by the City Engineer prior to installation. 212-1.2.5 Mulch. Add the following: Bark mulch shall be shredded cedar, pine, or fir bark or equal commercial product. Typical mulch size shall be 3" x '/2". Submit two samples to the City Engineer for approval prior to installation. The material shall be free of seeds, debris, and deleterious materials, and shall have a rich brown color when supplied, 212-1.4 Plants. 212-1.4.1 General. Delete the first paragraph and replace with the following: The Contractor may submit photographs of the plant specimens to be used for review by the City Engineer prior to delivery to the work site. If requested by the City Engineer, the project Landscape Architect can either visit the nursery to review the plant material or review the plant material on-site prior to installation. The photograph review cannot be used to approve plant material and only serves as an indicator of available materials. The Contractor shall notify the City Engineer a minimum of 48 hours prior to plant material delivery to schedule the inspection. Any construction delays caused by the Contractor failing to give the 48-hour notice shall be at the Contractor's sole expense. Plants shall be subject to inspection and approval or rejection by the City Engineer upon delivery to the site at any time before or during progress of the work. Inspections may include: a) Quantity, quality, size, and variety; b) Root condition; c) Latent defects and injuries resulting from handling, disease and insects; and installation. d) Uniformity of plant materials. SP 15 OF 26 e) Branching structure. All plants that are rejected shall be immediately removed from the project site and replaced with new plants at the Contractor's expense. 212-2.1 Pipe and Fittings 212-2.1.3 Plastic Pipe for Use with Solvent Weld or Threaded Fittings. Delete the second paragraph and add the following: Schedule 40 pipe shall be used for installation on the discharge side Class 315 pipe shall be used for continuously pressurized pipe on the supply side of the control valves. Schedule 40 pipe shall be used for all pipe and irrigation wire sleeves. Schedule 80 fittings shall be used. The following paragraphs shall be added at the end of the subsection: All PVC pipe must bear the following markings: a) Manufacturer's name b) Nominal pipe size c) Schedule or class d) Pressure rating in P.S.I. e) NSF (National Sanitation Foundation) approval f) Date Extrusion g) U.P.C. shield logo (IAPMO approval) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. Solvent cement and primer for PVC solvent weld pipe and fittings shall be of type recommended by the manufacturer and shall follow installation methods prescribed by the pipe manufacturer. 212-2.2.4 Remote Control Valves. Delete and add the following: Remote control valves shall be electrically operated. They shall be industrial -strength glass - filled nylon (plastic) valves, equipped with flow control adjustment and capability for manual operation. They shall be made so that they may be readily disassembled for servicing. SP 16 OF 26 212-2.2.6 Quick -Coupling Valves and Assemblies. Replace the first sentence with the following: Quick -coupling valves shall be brass or bronze with built-in flow control and self-closing valve and supplied in the sizes shown on the Plans. 212-2.2.7 Valve Boxes. Delete and add the following: Valve boxes in planting areas shall be made of durable, weather -resistant plastic material resistant to sunlight and chemical action of soils. The valve box cover shall be secured with a hidden latch mechanism or bolts. The cover and box shall be capable of sustaining a load of 1,500 pounds. Valve box extensions shall be by the same manufacturer as the valve box. Automatic control valves shall be 16"x11°x12" rectangular size. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the over with 2 -inch high letters/numbers. Gate/ball valve and quick coupler valve boxes shall be 10" circular size. Valve box covers shall be marked with either 'BV° or "QCV" "heat branded" onto the cover in 2" high letters. 212-2.3 Backflow Preventer Assembly. Add the following. The backflow preventer assembly shall be a reduced pressure principle type of the model, size, and type indicated on the Plans. The backflow preventer assembly shall include any additional or optional equipment indicated on the Plans. 212-2.3.1 Backflow Preventer Enclosure. The backflow preventer enclosure shall be constructed of stainless steel #9 expanded metal with an angle iron frame. The enclosure shall be bolted to a concrete pad using galvanized steel hardware. The All sharp edges shall be removed from the Enclosure finish. The Enclosure shall have a hinge on one end that allows for the removal of the enclosure for backflow service. 212-2.4 Sprinkler Equipment. In the second sentence of the first paragraph, replace the words "brass, bronze" with "high strength plastid'. Delete the second paragraph and replace with the following: All drip irrigation shall be of the model, size, and type indicated on the Plans. All sprinkler heads shall be pop-up types of the model, size, and type to match existing. 212-3 ELECTRICAL MATERIALS 212-3.2 Conduit and Conductors 212-3.2.1 Conduit. Delete and replace with the following: Conduit and sweeps shall be Schedule 40 PVC, gray in color, and specifically manufactured for use as electrical installation. The conduits shall be sized twice the diameter of the wire bundle to be carried within. All ends of conduit in valve and pull boxes shall be sealed using a waterproof material that can be easily removed from the conduit openings for the purpose of pulling wire through the conduit. 212-3.2.2 Conductors. Add the following. All wire splices shall be made using a direct burial waterproof wire connection, Pen-Tite or approved equal. Low voltage control wires shall have a single solid copper conductor with colored PVC coating. The pilot control wires shall be color -coded a specific color per controller and the common wires color coded white with a stripe matching the color of the pilot wires. The electrical system shall be installed in accordance with the Electrical Code most recently adopted by the City. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall be a different color wire for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. In no case shall wire be sized less than #14. 212-3.3 Controller Unit. Add the words 16 gauge stainless steel" between the words "weatherproof' and "enclosure" in the third sentence of the section. F��3tilf7il�i�7e��_1.��:►Tif(s37/ 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newoortbeachca.etov/index;aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SP 18 OF 26 The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-'h inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 303--- CONCRETE AND MASONRY CONSTRUCITON 303-11 Decorative Stone Veneer Pilasters 303-11.1 Submittals. The Contractor shall submit the following: a) Product Data: Manufactured masonry and application materials including mortar color charts. b) Samples: Panel containing full-size samples of specified manufactured masonry showing full range of colors and textures complete with specified mortar. c) Actual size of masonry sample approximately 12 by 12 inches (300 by 300 mm). d) Quality AssurancelControl Submittals: 1. Qualifications: a. Proof of manufacturer qualifications. b. Proof of installer qualifications. 2. Certificates: ICC -ES Report. SP 19 OF 26 3. Manufacturer's Installation Instructions. 303-11.2 Quality Assurance a) Manufacturer Qualifications 1. Minimum five years experience in producing manufactured masonry. 2. Member of following organizations: a. MSJC b. ACI c. ASTM b) Installer Qualifications: Company with documented experience in installation of manufactured masonry including minimum 5 projects within the County of Orange, CA. 303-11.3 Delivery, Storage and Handling a) Follow manufacturer's instructions. b) Store moisture -sensitive materials in weather protected enclosures. 303-11.4 Warranty. Provide manufacturer's standard limited warranty against defects in manufacturing for a period of 50 years following date of Final Acceptance by city. 303-11.5 Examination a) Examine substrates upon which manufactured masonry will be installed. b) Coordinate with responsible entity to correct unsatisfactory conditions. c) Commencement of work by installer is acceptance of substrate conditions. 303-11.6 Installation. Install manufactured masonry in accordance with manufacturer's instructions using tight -fitted grouted joints. 303-11.7 Cleaning. Clean manufactured masonry in accordance with manufacturer's installation instructions. 303-11.8 Protection a) Protect finished work from rain during and for 48 hours following installation. b) Protect finished work from damage during remainder of construction period. 303-11.9 Payment, Payment for furnishing and installing the Decorative Stone Veneer Pilasters shall be made at the unit prices shown in the Bid. SP 20 OF 26 • 1 • ill I-- • 01,5111111111: : ;.PliI�7.7:Ie�(�ii7E7.3.7i>1;7,[•llril� 308-2.1 General. Add the following: The landscape work shall not begin until all other trades have repaired all areas of settlement, erosion, rutting, etc., and the soils have been re-established, re -compacted and refinished to final grades. The City Engineer shall be notified of all areas where the landscape work is prevented from being executed. 308-2.3 Topsoil Preparation and Conditioning 308-2.3.1 General. In the first sentence of the first paragraph substitute Class 'A' for Class 'C. Add the following: Within the median and parkway planting areas, the top 14 inches of the existing material, such as asphalt, concrete, base material, or soil as measured from the finished grade of the adjacent paving shall be excavated and removed and 12 inches of Class 'A' topsoil shall be imported and installed. The Class 'A' topsoil shall begin 2 inches below finished grade. 308-2.3.2 Fertilizing and Conditioning Procedures. Add the following: The Class 'A' topsoil shall meet the requirements of 212-1.1.2. The topsoil may need added amendments to comply with the testing requirements of 212-1.1.2 and shall be added at the Contractor's expense. The Contractor shall have the Class 'A' samples tested from three different locations as approved by the City Engineer for agricultural suitability and toxic conditions that would inhibit plant growth and establishment. The testing shall be performed by a soil testing agency acceptable to the City and shall include, but not be limited to: soil texture; infiltration rate determined by laboratory test or soil texture infiltration rate table; pH; total soluble salts; sodium; percent organic matter; and recommendations. The Class 'C' topsoil is only to be used under the 12 inches of imported Class 'A' topsoil, but still may require amendments as recommended by the testing laboratory. Any amendments required to be added to the soil shall be added at the Contractor's expense. If the soil is found to be unacceptable for proper plant growth, the Contractor shall immediately notify the City Engineer for remedial actions. The Contractor shall apply post -plant fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and once again at the end of the Maintenance and Establishment period. SP 21 OF 26 308-4.1 General. Add the following: All plants of the same species and container size (i.e. the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of the City Engineer. The Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation or watering, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the contract period. Hair roots shall extend to the edge of the container. No plant shall be root -bound. The Contractor shall not install planting as shown in the Plans when it is obvious in the field that conditions exist which are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the City Engineer. No plants shall be transported to planting areas that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots be exposed to the air except during the act of placement. Any plant that, in the opinion of the City Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, shall not be accepted and shall be replaced at the Contractor's expense. All inspections herein specified shall be made by the City Engineer. The Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the work: a) During preliminary grading, soil preparation, and initial weed eradication. b) When plants are spotted for planting, but before planting holes have been excavated. c) When finish grading has been completed. d) When all specified Work has been completed (prior to the Maintenance and Plant Establishment Period). e) Final inspection at the completion of the Maintenance and Plant Establishment period. The Contractors failure to obtain inspection shall extend the start and/or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the City Engineer. 308-4.5 Tree and Shrub Planting. Delete the first sentence of the first paragraph and replace with the following: SP 22 OF 26 Planting holes shall have vertical sides to the depth of the rootball and shall be two times the width of the rootball. Delete the fourth paragraph and replace with the following: All planting holes shall be backfilled with a prepared soil mix conforming to the following requirements: a) 5 parts by volume on-site soil* b) 3 parts by volume organic amendment c) 5 lbs. 12-12-12 commercial fertilizer per cubic yard of mix d) 5 lbs. gypsum *from areas where the soil has been tested and/or amended (see specification 308- 2.3.2) as approved by the City Engineer The materials shall be thoroughly mixed prior to backfilling, so that they are evenly distributed and without clods or lumps. Fertilizer planting tablets 21 gram size and shall be placed with each plant at the following rates: a) One tablet per one -gallon container; b) Two tablets per five -gallon container; c) Four tablets per 15 -gallon container; d) Eight tablets per 24° box container Delete items #1, #2, and #3 in the fifth paragraph and replace with the following: 1) Set plant in the center of the hole with the fullest growth facing the prevailing wind. 2) Position the plant in the hole so that the top of the rootball is one inch above the finished grade and backfill no higher than halfway up the root ball. Place the recommended number of tablets evenly around the perimeter of and immediately adjacent to, the root ball at a depth that is between the middle and the bottom of the root ball. 3) Complete the backfilling, tamp (eliminating all air voids), sloping the soil away from the rootball to finished grade, and water. Delete item #5 in the fifth paragraph and replace with the following: 5) Construct a berm 4" above finish grade, extending 4" to 6" beyond edge of root ball, forming a watering basin with a level bottom around each plant. SP 23 OF 26 308-4.12 Payment. Payment will be made at the lump sum price for Landscape Planting shown in the Bid and shall include, but not be limited to removing existing soil and providing prepared topsoil, furnishing and installing bark mulch, soil amendments, fertilizer, shrubs, and groundcovers. 308-5 IRRIGATION SYSTEM INSTALLATION 308-5.1 General. Add the following: The Contractor shall check and verify the water pressure at the Point of Connection (P.Q.C.) prior to beginning work. The Contractor shall notify the City Engineer of any discrepancy between pressure indicated on the Plans and the actual water pressure measured in the field. If the pressure provided at work site or any other conditions create problems that shall prevent proper operation of the irrigation system, the City Engineer shall be notified before commencement of any work. Add to the last paragraph: The Contractor shall accurately record on one set of black and white prints (irrigation drawings), all changes in work constituting departures form the original contract drawings. The record drawings of the irrigation system shall show locations and depths of the following items: a) Points of connection. b) Routing of pressurized and non -pressurized lines (dimension at a maximum of 100 feet along routing. c) All valves. d) Quick coupling valves. e) Rerouting of control wires. f) Other related equipment (as directed by City Engineer). Dimensions shall be from two permanent points of reference (monuments, sidewalks, curbs, and pavement). Information needed on the As -Built drawings shall be added on a day-to-day basis as the work is installed. All dimensions noted on the drawings shall be a 'l< inch in size. Upon completion of each increment of work, the Contractor shall transfer all such information and dimensions to the prints. Changes and dimensions shall be in a legible and professional manner. When the drawings are approved, transfer all information to a set of reproducible drawings. 308-5.2 Irrigation Pipeline Installation 308-5.2.1 General. Add the following: The Contractor shall not install pipe through proposed tree locations and shall avoid conflict with the root ball, SP 24 OF 26 308-5.3 Installation of Valves, Valve Boxes, and Special Equipment. Add the following: The backflow prevention unit shall be tested by a certified backflow technician and its operation certified in writing. The Contractor shall arrange and pay for all testing and certification fees. The original written certification of the backflow prevention unit is to be submitted to the City Engineer. Install valve boxes in planting areas and according to the Construction Drawings. Only one valve per box shall be allowed. Align valve boxes at right angles to the adjacent hardscape whenever possible. Where several valve boxes are located in the same area, arrange them in a uniform and orderly fashion. When grouped together, allow a minimum of 12" between valves. The valves shall be installed in valve boxes, which shall have enough room on all sides to allow repair personnel to completely re -construct the valves without removing the valve box. Valve boxes shall have identification numbers hot branded onto the box covers. The letters shall be 2" high and shall be branded using irons specifically designed for this purpose. Heat branding shall not weaken or in any way puncture the valve box cover. Remote control valves shall be branded "RCV" followed by the irrigation controller and valve number (e.g. RCV A-12), ball valves shall be branded "BV", and quick coupler valves shall be branded "QCV". Identification tags with numbers are required on all valves. Tags shall have black letter with yellow background unless otherwise directed by the City Engineer. Delete the third paragraph, fifth paragraph, and sixth paragraph. Delete the second sentence of the seventh paragraph, "All backflow preventers shall be assembled with pipe and fittings of galvanized steel'. 308-5.4 Sprinkler Head Installation and Adjustment 308-5.4.2 Location, Elevation, and Spacing. Add the following: The Contractor shall coordinate the installation of all sprinkler equipment, including pipe, with the Plans to avoid interfering with trees or other planting, permanent pavement, utilities, or signage. 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. 308-5.5 Automatic Control System Installation. Add the following: Loop 36° of excess wire into each single valve box and into one valve box in each group of valves. Field splices between the automatic controller and electrical control valves will not be SP 25 OF 26 allowed without prior approval of the City. Spare Wires: Two red and one white spare wires shall be run in each direction from furthest valve of furthest valve manifold on each mainline run to each controller. Automatic Controllers: Controllers shall be installed approximately where shown on the Plans after having verified exact positioning with the City Engineer. Units shall be installed plumb and in a manner as recommended by the manufacturer in the enclosure. Delete the first sentence in the fourth paragraph and replace with "All service wiring shall be installed at the minimum depth specified in 308-2.2 in Schedule 40 PVC conduit." In the fourth paragraph, replace the word "concrete" with "plastic" in all cases. 308-5.6 Flushing Testing 308-5.6.1 General. Add the following: If leaks develop, repair leaking portions and repeat test until entire system is proven to be water -tight. Tests shall be observed and approved by the City Engineer prior to backfilling trenches. 308-5.6.2 Pipeline Pressure Test. Add the following: Swing joints, spray heads, etc are not included in the lateral line pressure test. 308-5.6.7 Controller Charts Upon completion of the Work, the control system shall be in operating condition with an operational chart mounted in the controller cabinet. As -Built drawings shall be approved by the City Engineer before the controller charts are prepared. The Contractor shall provide two controller charts for each controller supplied that show the area covered by the automatic controller on the maximum size sheet which the controller or controller cabinet door shall allow. The chart shall be a reproduction of the As -Built system drawing. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged or redrawn to a size that shall be readable. The chart shall be a blackline print, and a different color shall be used to show area of coverage for each station. When completed by the Contractor and approved by the City Engineer, one of the SP 26 OF 26 charts shall be hermetically sealed between two pieces of plastic, each piece being a minimum 20 mils. thick. This chart shall be mounted using Velcro or approved equal type of tape. The other chart shall be given to the City Engineer. These charts shall be completed and approved prior to final inspection of the irrigation system. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. In the second sentence of the fifth paragraph, delete "30 calendar days" and replace with "120 calendar days". The Contractor shall apply post -plant fertilizer at the rate of 20 pounds per 1,000 square feet 30 days after planting and once again at the end of the maintenance and establishment period. The above fertilization schedule may be revised by the City Engineer if optimal plant health and growth is not being obtained. The Contractor shall comply with all changes as directed. 308-7 GUARANTEE. Add the following: All trees installed under the Contract shall be guaranteed to live and grow for one year from the date of final acceptance of the Work unless decline of the tree is specifically attributable to causes unrelated to installation, plant material quality, and the Contractor's maintenance practices. All other plant material shall be guaranteed to live and grow for a period of 90 calendar days from the date of final acceptance of the Work unless decline of the plant material is specifically attributable to causes unrelated to installation, plant material quality, and the Contractor's maintenance practices. Any plant material found to be dead, missing, or in poor condition during the maintenance and establishment period shall be replaced immediately at the Contractor's expense. The City Engineer shall be the sole judge as to the condition of the material. Replacement shall be made to the same specifications required for the original plantings. During the guarantee period, should the Contractor fail to expeditiously replace dead plant material upon written notification by the City Engineer, the City shall cause the work to be corrected and bill the actual costs incurred to the Contractor. GENERAL ENGINEERING CONTRACTOR Lia No. 739091 A, 6 RESOLUTION AUTHORIZING EXECUTION OF ANY CON'T'RACT BY PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GMC Engineering Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 4'h of January, 2013, a quorum being present, consisting of the President and Secretary of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its President, Gennady Chizhik, is hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. 1, Gennady Chizhik, hereby certify and declare that I am the regularly and duly acting President and Secretary of GMC Engineering, Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held at Tustin, California, on the 4th day of January, 2013; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Corporate Seat Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 e (714) 247-1040 e Fax (714) 247-1041 >tt to of'akfor-nis --th an of Orange Suhscribcd and sworn to (or of rtnedj before me ort this 16th dati of 2(163._ by _n— C,ennadv Chizhik.---._...------- proved to me on the basis of satisfactory evidence to be the -persons who appeared before me Signature's +t. N9;WCWWW, ft OPTIONAL INFORMATION_..__---.-_,,_ DESCRIPTION OF Thir ATTACHED DOCUMENT or description ide (i -isle or dcos ripumi of attached document ute8nued) Nutnber of Pages 1.,. Document Dare N A____, Contract #5276 – Newport Beach (Addrtttonal information) INSTRUCTIONS FOR COMPLETING I HIS FORM The wording of ad Jurats completed in California other January 1. 20118 moa he in the (arm as setforth within this Jurat. There ate no exceptions If a Juror to be completed does not failow this (orm, the rotan� must carrer; the verbiage by using a furat stamp containing the correct uwt'd tt or oforchinq a separate Jurat form Such as intrude which doer contain proper wDrding_ In addition, the notary most nepace an oath or cifftngabon from The dorm.... signer, regarding the tru blulness of the ronienbs ey rite ;kxrenew !ire document must be signed AFTER the oath or tillirmart6n. (f the doczuneni uar previously signed it crust be resigned rn frot(ofthe notary public r$vring the jurat process. • State and County in€onnabon must be the State and t"ouroN where the document signers) gerconalIt appeared before the notary public. • Date of notarization most be the date that the signer(fi) pere'onxily appeazcd wiash toust aiso be the sairedaie the jurat pr<n_ess s cemg feted >. Pant the ruune(s) of document ogner(s) Who personalty sppew at 211e ane of notarization. • Signature of the notary public must match the signature on isle arh the office of the county clerk. + The notary seas impresidon must be clear and photogruphicaliy repro,J rlbl- Impression must not cover text or lines_ If seal impression enlud grtn, iC seal it a sufficient area permits, otherwise complete a different jurat Corm. Motional wfarmau"In is not roomed teat ccald help rn Gavot tIr`s ,jurat is not misused or alached to a d(fiererh 3axumra_ Indicale title or type ofaftached daCinneni, number of pages vr4 date • Securely attach this docomenl to the signed document �,, eu(?Frl esstatt C',."A?A vl.oi,G7 800-8:+3-98(."3 t€wsx.Y�!atarvC3asses.co:r� Client#:12k .7 3MCENG ACORD., CERTIFICATE OF LIABILITY INSURANCE8 DA EIMM1D13 Y !06120 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. .. IMPORTANT: Af the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER !N�ME: Vanessa Maldonado CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BB8:T Insurance Services PHONE'"------------TxAR------_.._._. — rsvc No Exe.714 578-7256 1�CJ,.L877-297.1116 of Orange County eaiAlt vmaidonado@bbandt.com AODREss: D6/2512013 680 Lan sdorf Drive Suite 100 9 _..._. -_. tNSURERtS)AFPORDkNG COVERAGE NAIC# Fullerton, CA 92831 INSURER A: Great American Assurance Co 26344 INSURED INSURER 0; Nationwide Mutual Insurance Co 23787 GMC Engineering Inc. INSURER C : Scottsdale Insurance Company 41-297 1401 Warner Avenue #B _ _ INSURER D: Everest National Insurance Co 10120 Tustin, CA 92780-6457 _ "_.__ _,_„ ,.,�„ .. Travelers prODerty Casualtv Co _ 25674 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWn'HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - AODLISUBR POLICY EFF POLICY EXP LTRTYPE OF INSURANCE INS POLICY NUMBERM( M/DD/YYYYI MMAIGYYYY LIMITS A GENERALLIABIUTY G P4647990 D6/2512013 0612512014,EACHOCCURRENCE $1,000,000 )( COMMERCIAL ILtTY I I ATOR NTED DRMAGE PEMISES. Eaoccc2nce $5N,000 CLAIMS -MADE 4 OCCUR j MED ERP (Arty ena person) S€xClUded X BI1PD Ded:$5,000 PERSONAL& ADV INJURY ,$1,000,000 GENERALAGGREGATE 52L690,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2,000,000 POLICY X P LOC $ B "-' �� '.....__.m. AUTOMOBILE LIABILITY ACPBA7815631474 ��� 6125/2013 _ _.."_ COMBINED SINGLE LIMIT 06/25/201 Eaacctdent $1 000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Peraceident) $ AUTOS AUTOS NON -OWNED X X PROPERTY DAMAGE $. HIRED AUTOS AUTOS Per accident __w........ C UMBRELLALIAe X OCCUR XLS0088994 6/2512013 06/251201 EACH OCCURRENCE $300000.0_ — -- X EXCEjSS�LU16 CLAIMS -MADE AGGREGATE s3 X00,000 DED..L GRETENT{ONs6. _. _.._.__.__ _...._._. _ $ D WORKERS COMPENSATION ...7600010082121 0101120121010112013IX IWCSTATU- ?OTH-_..."". AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTN`E YIN = E L EACH ACCIDENT 000 ODD OFPICF_R(MEMBER EXCLUDED? � N/A (Mandatory in NH) ,A E.L.;DISEASE - EA EMPLOYEE $t,DDD,DDD Ryes, IPTIONunder DEBCRIP710N_OPOPERATIONS below TEL DISEASE -POLICY LIMIT $100D,000 _ __„f, E Rented/Leased '�, QT6606069C455TIL13 6/25/2013 06/25/201 $150,000 Max Per Item Equipment! �I Deductible: $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 104, Additional Remarks Schedule, if more space is required) RE: Bayside Cove Walkway. City of Newport, its elected or appointed officers, agents, officials, employees and volunteers are named as additional insured as respects general and auto liability, this insurance is primary and noncontributory With any other insurance of the additional insured; and waiver of subrogation applies as respects general liability, auto liability and workers compensation as required by written contract, per endorsements (See Attached Descriptions) City of Newport Beach SHOULD ANY*ATE CRI THE EXPIRAPF100 Civic Center Drive ACCORDANCCISNewport Beach, CA 926601AUTHO IZEDREPRD ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S10893541/M10677646 BED POLICIES BE CANCELLED BEFORE NOTICE WILL BE DELIVERED IN PROVISIONS. VLMAL rights reserved. � DESCRIPTIONS (Continued from Page '..attached. Should any policy be cancelled before the expiration date, BB$T Insurance Services will mail 30 (thirty) days written notice to the certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SAU111AZ5.3(ZU1WU5) 2 OtZ #S10893541/M10677646 ORIGINAL POLICY Policy No. GLP4647990 CG 24 37 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organ ization(s): Any person or organization that "you" and such person or organization have agreed in writing in a contract that such person or organization be added as an addi- tional insured on "your" policy, but only for "your work" performed during this policy period. Schedule Location and Description of Completed Operations: "Your work" performed during this policy period. Additional Premium: Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION 11 - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional insured and included in the "products -completed operations hazard." Copyright, ISO Properties, Inc., 2004 CG 20 37 (Ed. 07104) PRO 1Page 1 of 1) Policy No. GLP4647990 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,0! • , 0 ! • :4*01111:44 IN 10 • •, • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury' or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy No. GLP4647990 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �I111 • . 1 ! • mow* 1:4:101111:44 11 11 0 , This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing operations sions apply: when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury", "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury" arising out of the render- ganization is an additional insured only with re- ing of, or the failure to render, any professional spect to liability for "bodily injury", "property architectural, engineering or surveying ser - damage" or "personal and advertising injury" vices, including: caused, in whole or in part, by: a. The preparing, approving, or failing to pre - 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional 2, "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after: operations for that additional insured are com- pleted. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy No. GLP4647990 GAC 3649 CG (Ed. 11/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WA Z • • • ' 1 • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you underwritten contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. GAC 3649 CG (Ed. 11/06) Page 1 of 1 ❑ Policy No. GLP4647990 CG 24 04 (Ed. 05 09) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAL] IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS1COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: I Any person or organization for whom or on whose behalf -you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph B. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products—completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. Copyright, ISO Properties, Inc, 2008 CG 24 04 (Ed. 05/09) PRO (Page 1 of 1) Policy No. ACP7815631474 COMMERCIAL AUTO AC 01 02 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under the COVERED AUTOS SECTION, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto'. B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of the COVERED AUTOS SECTION is replaced by the following: 2. If Symbol(s) 7 or 67 is entered next to coverage in Item Two of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it rep- laces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "au- to" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in the LIABILITY COVERAGE SECTION of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion in the LIABILITY COVERAGE SECTION is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bodi- ly injury" or "property damage": a, is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. r#el H �7 Y1IL�7`V; [IIS =12fKitiFy uolz &l The following exclusions are added to the LIABILITY COVERAGE SECTION: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any "insured", or b. The negligent: 1) Employment; AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. AC 01 02 03 10 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "In- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- tion, repair or replacement Is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury," or "property damage" result- ing from the handling of corpses. This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of the PHYSICAL DAMAGE SECTION, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H, PHYSICAL DAMAGE LIMIT OF INSURANCE Under PHYSICAL DAMAGE COVERAGE SECTION, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2, $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the instal- lation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a, above or is an integral part of that equipment; or F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment. 1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical the following exclusions are added to the condition will be made in determining actual PHYSICAL DAMAGE COVERAGE cash value in the event of a total "loss". SECTION: Motor Home Contents Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. 4. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equip- ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. Include a deduction for betterment for a part or parts that are normally subject to repair or replacement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference be- tween the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will val- ue auto advertising wraps, paint customiza- tion, and similar business related advertising modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. 1. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of the PHYSICAL DAMAGE COVERAGE SECTION, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In the Event Of Accident, Claim, Suit Or Loss — of the BUSINESS AUTO CONDITIONS SECTION and the MOTOR CARRIER CONDITIONS SECTION that you must notify us of an "acci- denf "claim", "suit", or °loss" applies only when the "accident", "claim", "suit", or "loss" is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or AC 01 02 03 10 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The BUSINESS AUTO CONDITIONS SECTION and MOTOR CARRIER CONDITIONS SECTION— B.2, are amended by the addition of the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in the LIABILITY COVERAGE SECTION: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph 5.b, of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 51of the Other Insur- ance Condition in the Motor Carrier Cover- age Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "au- tos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". AC 0102 0310 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. AC 01 02 03 10 M. EMERGENCY LOCKOUT — PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: t Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- burse ment is payable. N. LIBERALIZATION Paragraph 3, of the General Conditions is re- placed by the following: If we adopt any revision that would broaden the coverage under this policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 0102 0310 with its permission. Policy No. ACP7815631474 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar insurance available to that organization. Coverage under this provision is afforded until the 180° day after you acquire or form the or- ganization or the end of the policy period, whi- chever is later. B. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The'following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of the — COVERED AUTOS SECTION: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair, c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS COMMERCIAL AUTO AC 01 01A 0310 d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — BAIL BONDS Paragraph A.2.a. (2) of the LIABILITY COVERAGE SECTION is revised as follows: (2) Up to $2,500 for cost of bail bonds (in- cluding bonds for related traffic law vi- olations) required because of an "acci- dent" we cover. We do not have to furnish these bonds. E. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Paragraph A.2.a.(4) of the LIABILITY COVERAGE SECTION is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS Paragraph B.5.A. Fellow Employee in the LIABILITY COVERAGE SECTION is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION The following is added to paragraph A.1. Who Is 1. Paragraph B.B. Care, Custody or Control of An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does SECTION: not apply to "property damage" to property, other than your property, up to an amount AC 01 01A 03 10 includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 with its permission AC 01 01A 03 10 not exceeding $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of the — PHYSICAL DAMAGE COVERAGE SECTION: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any othervaiid and collectible insurance. H. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1,8,61 or 68 apply to Liability Coverage and if at least one "auto" you own is covered by this policy for Comprehensive, Specified Causes of Loss, or Collision coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- ply. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to fire or lightning. 1. EXPANDED TOWING COVERAGE We will pay up to: 1. $100 for a covered "auto" you own of the private passenger type, or 2. $250 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. However, the la- bor must be performed at the place of disable- ment. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Cove- rages. J. AUTO LOAN OR LEASE COVERAGE In the event of a total 'loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under the - PHYSICAL DAMAGE COVERAGE SECTION of this policy; and b. Any: 1) Overdue leaselloan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Cre- dit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. K. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Sche- dule. 4. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses in- curred. 2. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC 01 01A 0310 with its permission. AC 01 01A 03 10 6. If "loss" results from the total theft of a cov- 5. The provisions of paragraphs Land 3. do ered "auto" of the private passenger type, not apply to a covered "auto" of the private we will pay under this coverage only that passenger type or a vehicle with a gross ve- amount of your rental reimbursement ex- hicle weight of 20,000 pounds or less which penses which is not already provided for is a new vehicle. under the PHYSICAL DAMAGE In the event of a total 'loss" to your new ve- COVERAGE Coverage Extension. hicle to which this coverage applies, we will 7. Coverage does not apply to any covered pay at your option: "auto" for which coverage is provided by en- a. The verifiable new vehicle purchase dorsement form CA9923 on this policy. price you paid for your damaged ve- hicle, not including any insurance or L. EXPANDED TRANSPORTATION EXPENSE warranties purchased; Paragraph A.4.a. of the PHYSICAL DAMAGE b. If it is available, the purchase price, as COVERAGE SECTION is replaced by the fol- negotiated by us, of a new vehicle of the lowing: same make, model, and equipment or We will pay up to $50 per day to a maximum of the most similar model available, not in - eluding any furnishings, parts, equip- $1000 for temporary transportation expense in- uor meat not installed the manufacturer curred by you because of the total theft of a or manufacturers' dealership; or . ea covered "auto" of the private passenger type. We will only pay for those covered "autos" for c. The market value of your damaged ve- which you carry Comprehensive or Specified hicle, not including any furnishings, Causes of Loss Coverage. We will pay for tem- parts, or equipment not installed by the porary transportation expenses incurred during manufacturer or manufacturer's dealer - the period beginning 48 hours after the theft and ship. ending, regardless of the policy's expiration, We will not pay for initiation or set up costs when the covered "auto" is returned to us or we associated with loans or leases pay for its "loss". In this endorsement, a new vehicle means M. EXTRA EXPENSE — STOLEN AUTOS an "auto" of which you are the original owner The following paragraph is added to Section that has not been previously titled and which A.4. of the — PHYSICAL DAMAGE COVERAGE you purchased less than 365 days before SECTION: the date of the "loss". c. We will pay for up to $5,000 for the expense O. BLANKET WAIVER OF SUBROGATION of returning a stolen covered "auto" to you. The following is added to paragraph 5. Transfer We will pay only for those covered "autos" Of Rights Of Recovery Against Others To Us of for which you carry Comprehensive or Spe- — BUSINESS AUTO and MOTOR CARRIER cified Causes of Loss Coverage CONDITIONS SECTIONS: N. NEW VEHICLE REPLACEMENT COST We waive any right of recovery we may have The following is added to paragraph C.Limit of against any person or organization to the extent Insurance of the PHYSICAL DAMAGE required of you by a written contract executed COVERAGE SECTION: prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA WC 04 03 06 We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person(s) or organization (s) named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtainthis agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shalt be 2% of the California Workers' Compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Eff'ectii 10/1112 Insured GMC Engineering Inc Policy N0.7600010082121 Insurance Company EVEREST NATIONAL INSURANCE COMPANY Endorsement No. Premium $ INCL. This checklist is comprised of requirements as outlined by the City of Newport Beach, * Date Received: 8/9/13 Dept./Contact Received From: _ Shari Date Completed: 8/9/13 Sent to: Shari By: Chris/Renee �^ Company/Person required to have certificate: GMC Engineer ng, Ino. Type of contract: All Others _ I. GENERAL LIABILITY EFFECTIVEIEXPIRATION DATE: 6/25/13 to 6/25/14 _ A. INSURANCE COMPANY: Great American Assurance Co B. AM BEST RATING (A-: VII or greater): A: XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? M Yes El No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach Yes Q No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) Yes Cj No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) X Yes [J No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes 0 No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? M Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes M No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A UJ Yes El No L. NOTICE OF CANCELLATION: El N/A X Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 6125/13 to 6/25/14 A. INSURANCE COMPANY: Nationwide Mutual Insurance Co B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? X Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $I,OQO,000 _ E LIMITS Waiver of Auto Insurance I Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): M N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: (_] N/A Ej Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes 0 No lU, VVORKERS'COMPENGAT|0N EFFECTIVE/EXPIRATION 0gE: 10/ A. INSURANCE COMPANY: B. A<NBEST RATING (A':V)|orgmated: C. ADMITTED Company (Must baCalifornia Adm)tted): XYas El No D. WORKERS' COMPENSATION LIMIT: Statutory XYes [-�No E� EMPLOYERS' LIABILITY LIMIT (Must bo$1Morgreater) $1 �0001000 F. WAIVER OFSUBROGATION (To indode):|o|tincluded? MYes [lNo G. SIGNED VVORKERG'COMPENSAT|0NEXEMPTION FORM: NNf&FlYes FlNo H. NOTICE 0FCANCELLATION: FlN/A XYes FlNn ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY HAVE ALL ABOVE REqUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent ofA0an{Insurance Services Broker nfrecord for the City ofNewport Beach 8/9/l3 RISK MANAGEMENT APPROVAL REQUIRED ittedcarrier rated less than ; Self Insured Retention or Deductible greater than $_) 0 NIA [I Yes LJ No Reason for Risk Management Risk Management Date aEW POQT CITY OF NEWPORT B EACH <o City Council Staff Report Agenda Item No. 7 August 13, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb(a)newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer 949-644-3321, ftse@newportbeachca.gov APPROVED: 0. TITLE: Bayside Cove Walkway — Award of Contract No. 5276 ABSTRACT: Staff received acceptable bids for the Bayside Cove Walkway Project and is requesting City Council approval to award the contract to GMC Engineering, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Relieve the low bidder Aghapy Group, Inc. of their bid due to computation errors. 3. Award Contract No. 5276 to GMC Engineering, Inc. of Tustin, California, for the total bid price of $147,967.00 and authorize the Mayor and City Clerk to execute the contract. 4. Establish a contingency of $15,000.00 (approximately 10 percent) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funds for this contract. Account Description Account Number Amount Contributions 7251-C3002020 $ 162,967.00 $ 162,967.00 I of 5 Proposed uses are as follows: Vendor GMC Engineering, Inc. GMC Engineering, Inc. DISCUSSION: Bayside Cove Walkway— Award of Contract No. 5276 August 13, 2013 Page 2 Purpose Construction Contract Construction Contingency Total: Amount $ 147,967.00 15,000.00 $ 162,967.00 For many years, the City has been planning a continuous waterfront pedestrian path from Bayside Drive at Promontory Bay to the Balboa Island Bridge. In order to complete the path, a connection is necessary immediately east of the Newport Beach Yacht Club (NBYC) to link the existing floating dock -gangway landing to the Marine Avenue sidewalk. Accordingly, staff prepared the plans and specifications needed to complete the walkway including: removal of existing improvements, new pedestrian walkway, matching masonry screen walls and new landscaping. Funding for the proposed walkway connection was included in the Amendment to Zoning and Implementation and Public Benefit Agreement (amendment to Development Agreement No. DA 2007-002) between the City and The Irvine Company dated August 14, 2012. According to the agreement, The Irvine Company shall pay the City up to $200,000 as a public benefit reimbursement for costs the City incurs related to plans, specifications, permits and construction of the Bayside Walkway Connection project. Payment shall be made within 90 days after receipt of written notice from the City that it has awarded a construction contract for the project. At 10:00 AM on July 16, 2013, the City Clerk opened and read the following bids for the Bayside Cove Walkway Project: BIDDER Low Agaphy Group, Inc. 2 GMC Engineering, Inc. 3 Unique Performance Construction, Inc. 4 Micon Construction, Inc. 5 Ted Enterprises, Inc. TOTAL BID AMOUNT $118,900.00* $147,967.00 $149,080.00 $149,565.00 $207,920.00 * Bid Withdrawn Shortly after bid opening, Aghapy Group submitted a written request to withdraw their bid due to errors made in preparing the bid (see Attachment B). Staff has reviewed the request and recommends relieving Aghapy Group of their bid in accordance with Public Contract Code Section 5101. 2 of Bayside Cove Walkway— Award of Contract No. 5276 August 13, 2013 Page 3 The second low bidder, GMC Engineering, Inc. (GMC), possesses a California State Contractors License Classification "A" as required by the project specifications. A check of GMC's references indicates satisfactory completion of capital improvement projects for the City and other municipalities. Although GMC's total bid amount is approximately eighteen percent above the Engineer's Estimate of $125,000, the one percent difference between GMC's bid and the next two bidders suggests that GMC's bid of $147,967.00 is likely the market price to complete the proposed improvements. Pursuant to the contract specifications, the contractor will have 50 consecutive working days to complete the construction work exclusive of the plant establishment and maintenance period. To encourage the timely completion of all construction work prior to Thanksgiving, the contract documents set the liquidated damages amount for this project at $1,000.00 per calendar day. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (maintenance activities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Submitted by: Q , David A. Webb Public Works Director Attachments: A. Location Map B. Aghapy Group Inc. Bid Withdrawal Letter dated July 16, 2013 3 of A COAST HIGH � WAY co 0 m m 0 0 BAYSIDE D m D DRIVE *22 -0 �O m r- � D C m < co m m D Z n C = m U W W ` W o PROJECT LOCATION > m p o BALBOA ISLAND NTS z CHANNEL 0 BAYSIDE COVE CITY OF NEWPORT BEACH _ WALKWAY PUBLIC WORKS DEPARTMENT LOCATION MAP C-5276 7/19/13 4 of Aghapy Group Inc. dba Aghapy Construction Inc. 10900 Hartland St. Bakersfield, CA 93312 To: City of Newport Beach Attn.: Public Works Dpt. Re: Bayside Cove Walkway Subject: Bid Withdrawal Greetings, Attachment B P: (661) 772 - 7817 F: (661) 589 - 7916 Date: July 16, 2013 After we have reviewed the above mentioned project, we found out that we did a calculation error while adding the numbers from the tabulation worksheet (Clerical Error): as a result we found our hid proposal amount is incorrect. Please consider this letter as a request to withdraw Aghapy Group Inc. bid for the above mentioned project. Thank you for your consideration, Best regards, Signature: .......... Michael Michael President Cell: (562)900 - 2936 5 of