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Contract - GCI Construction, Inc. - 2017-01-26 AGREEMENT #316 Adams Pump Station Electrical Improvements This Agreement (hereinafter referred to as "AGREEMENT") is made and entered into this 26th day of January, 2017, by and between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT," and GCI, Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: SCOPE OF THE WORK AND CONTRACT SUM Scope of the Work. CONTRACTOR shall perform all the work and shall provide and furnish all labor, materials, tools, expendable equipment, and utility and transportation services required to construct #316 Adams Pump Station Electrical Improvements dated November 21, 2016" (hereinafter referred to as "PROJECT"). This project has been registered with the Department of Industrial Relations using form PWC-100 pursuant to Labor Code section 1773.3. 1. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with the plans and specifications entitled #316 Adams Pump Station Electrical Improvements, and CONTRACTOR agrees to do everything required by this AGREEMENT, the plans and specifications, and the CONTRACT DOCUMENTS. All labor, materials, tools, equipment, and services shall be performed under the direction and administration of, and subject to the approval of, DISTRICT or its authorized representatives. 2. Contract Sum. DISTRICT agrees to pay, and CONTRACTOR agrees to accept in full payment for the work above agreed to be done, the sum of one hundred forty three thousand one hundred twenty dollars, and no cents ($143,120.00). NOTICE TO PROCEED AND TIMING 3. Notice to Proceed. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a "Notice to Proceed" has been given to CONTRACTOR by DISTRICT and all bonds and certificates of insurance required pursuant hereto have been furnished to and approved by DISTRICT. 4. Time of Completion. CONTRACTOR agrees to commence the work to be performed under this AGREEMENT on the start of the construction date specified in the "Notice To Proceed" and to diligently prosecute the work to completion by the completion date specified in the Notice to Proceed, which the parties agree is thirty (30)WORKING DAYS. 5. Time of the Essence. Time is of the essence of this AGREEMENT. 6. Liquidated Damages/Additional Actual Damages. It is agreed by the parties hereto that, in case the total work called for hereunder in all parts and requirements is not finished or completed within the number of working days as set forth herein, damage will be 2016 CIP A-1 Agreement sustained by the DISTRICT and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the DISTRICT will sustain in the event of and by reason of such delay. It is therefore agreed the CONTRACTOR will pay to the DISTRICT the sum of one thousand Dollars ($ 1,000.00) per working day for each and every day of delay in finishing the work in excess of the number of days prescribed in Section 4, and the CONTRACTOR agrees to pay said liquidated damages herein provided for and further agrees that the DISTRICT may deduct the amount thereof from any monies due or that may become due the CONTRACTOR hereunder. Liquidated damages shall be a measurement of the sum to compensate the public for inconvenience from not having the work completed on time and the cost of DISTRICT staff to monitor the job beyond the completion date. DISTRICT shall further be entitled to recover its additional actual damages incurred which shall be supplemental to the liquidated damages. Provided strict compliance with Section 21 below is effected, the CONTRACTOR will be granted an extension of time and will not be assessed with liquidated damages for any portion of the delay in completion of the work beyond the time named herein due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or delays of subcontractors due to such causes. JOB PROGRESS AND COOPERATION 7. Job Progress. CONTRACTOR agrees to maintain a realistic critical path analysis throughout the project. CONTRACTOR agrees to meet with DISTRICT's PROJECT MANAGER or designee on a weekly or other periodic basis, or as requested by DISTRICT to review job progress. "PROJECT MANAGER" for purposes of this AGREEMENT shall be the District Engineer or such designee as has been given the authority for this PROJECT in a written designation. CONTRACTOR agrees to provide DISTRICT with critical path analysis documentation whenever job progress is impacted so that the completion date may be affected or whenever delays or other impacts may give rise to CONTRACTOR's claim for additional days or additional damages. Delay and other claims of damages based on CONTRACTOR's planned early completion are prohibited. 8. Cooperation. CONTRACTOR agrees to cooperate with DISTRICT's PROJECT MANAGER or designee and to provide submittals and participate in meetings in a good faith effort to complete the PROJECT. If disagreements arise, CONTRACTOR agrees to document the disagreement in accordance with these AGREEMENT provisions and provide DISTRICT with early notice of the same for later resolution but shall continue to cooperate and prosecute the work to completion in a diligent manner. Nothing herein shall excuse CONTRACTOR's strict compliance with Section 21 if additional time or money is sought. 9. CONTRACTOR's Independent Investigation. (a) No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this AGREEMENT, as a result of failure to make the necessary independent examinations and investigations and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this AGREEMENT out to bid will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said AGREEMENT, specifications, and plans, nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in 2016 CIP A-2 Agreement Section 21 of this AGREEMENT. (b) Except as specifically provided in the CONTRACT DOCUMENTS, information provided for purposes of bidding do not represent "conditions indicated" as being in existence � and are provided for the convenience of the CONTRACTOR in making its own investigation. LABOR, WAGE, AND HOURS LAWS 10. Public Work. Notice is provided pursuant to Labor Code Section 1781 that this is a "public work" as defined in Chapter 1, Part 7, Division 2 of the Labor Code, to which Section 1771 applies. CONTRACTOR shall pay prevailing wages, unless exempt. 11. Contractor/Subcontractors Registered. Contractor and all subcontractors are registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 and paid its annual fee. 12. Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm and are on file at the DISTRICT, which shall be made available to any interested party upon request. CONTRACTOR shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. 13. Payroll Records/ Electronic Records. (a) The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. Each contractor and subcontractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO DISTRICT ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONTRACTOR'S PAYROLL RECORDS. Additionally, CONTRACTOR or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. In the event that CONTRACTOR or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. DISTRICT may deduct this penalty from any monies due or that may become due CONTRACTOR under this AGREEMENT. (b) Contractor shall submit electronic payment records to the Department of Industrial Relations. 14. Penalty. CONTRACTOR and any subcontractor under CONTRACTOR shall, as a penalty to DISTRICT, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONTRACTOR or any subcontractor under CONTRACTOR) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. DISTRICT may deduct the penalty from any monies due or that may 2016 CIP A-3 Agreement AGREEMENT. The difference between the prevailing due CONTRACTOR under this p 9 wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONTRACTOR or subcontractor, in accordance with Section 1775 of the Labor Code of the State of California. 15. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the PROJECT are hereby imposed upon CONTRACTOR. 16. Legal Day's Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by the CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty(40) hours in any one (1) week in violation of said article. DISTRICT may deduct this penalty from any sums owed pursuant to this AGREEMENT. PROGRESS PAYMENTS AND RETENTION 18. Progress Payments. Pursuant to Public Contract Code Section 7201, prior to the fifteenth (15th) day of the month next following the commencement of the work, there shall be paid to CONTRACTOR a sum equal to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by DISTRICT and thereafter prior to the fifteenth (15th) day of each successive month as the work progresses. CONTRACTOR shall be paid such sum as will bring the payments up each month to ninety-five percent (95%) of the value of the work completed since the commencement of the work as determined by DISTRICT, less all previous payments and authorized deductions, provided that CONTRACTOR submits his request for payment prior to the last Wednesday of each preceding month. Pursuant to Public Contract Code 7107, DISTRICT shall make the final payment, if unencumbered, or any part thereof unencumbered, within sixty (60) days after the date of completion. Notwithstanding the foregoing, CONTRACTOR shall provide DISTRICT with all documentation required by this AGREEMENT, including the Final Closeout Agreement and Release of All Claims, as well as any other documents required by the CONTRACT DOCUMENTS such as as-builts, red-line plans, manufacturers and specific guarantees, and owner's manuals prior to receiving final payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the. Project Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT, and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the AGREEMENT price shall not be considered as an acceptance of any part of the work. Nothing herein shall limit DISTRICT's right to withhold one hundred fifty percent (150%) of disputed amounts in the event of a good faith dispute. 19. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 2016 CIP A-4 Agreement 20. Retention Securities. Pursuant to California Public Contract Code Section 22300, CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved financial institution in order to have the DISTRICT release funds retained by the DISTRICT to insure performance of the AGREEMENT. CHANGE ORDERS/EXTRA TIME/EXTRA WORK 21. Request for Extra Time or Additional Compensation. The following provisions must be strictly complied with to obtain additional time to complete the job or to obtain additional compensation: (a) Request for Change Order — Additional Time. The CONTRACTOR shall promptly notify the DISTRICT of any delay and shall, within ten (10) days from the beginning of any such delay, notify the DISTRICT in writing of the cause of the delay, and the DISTRICT shall extend the time for completing the work if in its judgment the cause so merits. The DISTRICT's determination on this matter shall be final and conclusive on the parties hereto. CONTRACTOR shall be required to submit a Request for Change Order, as set forth in this AGREEMENT, to the DISTRICT'S PROJECT MANAGER within ten (10) days of the beginning of such a delay. No adjustment shall be allowed for such delay unless there is strict compliance with this contractual provision. CONTRACTOR's remedy shall be limited to the extra days granted and to any damages that it may be entitled to using the formula agreed to by the parties for all damages as provided in Section 22. (b) Request for Change Order—Additional Compensation Sought. (i) Should CONTRACTOR claim that the DISTRICT is demanding extra work from it or consider any work demanded of it to be outside the requirements of this AGREEMENT or if it considers any instruction, ruling, or decision of the PROJECT MANAGER to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling, or decision is given, file a written protest with the PROJECT MANAGER stating clearly and in detail his objections and the reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the CONTRACTOR shall be deemed to have waived, and does hereby waive, all claims for extra work, damages, and extensions of time on account of demands, instructions, rulings, and decisions of the District Engineer. (ii) Should CONTRACTOR claim that additional compensation is due it because of an unforeseen condition, CONTRACTOR shall bring that to DISTRICT's attention promptly and within ten (10) days and shall submit a written request for change order within ten (10) days to DISTRICT. (c) Request for Change Order— DISTRICT Form to Be Used. DISTRICT's Request for Change Order form, which is attached hereto as part of this AGREEMENT, shall be the form that must be submitted in a timely fashion for a request for either additional time or additional compensation. By initialing, the CONTRACTOR specifically agrees to use said form for those purposes and understands that, if he does not submit that form in a timely manner, he waives the right to request additional time or compensation. No oral modifications or other forms of communication shall be accepted as compliance with this provision. The written request for change order requirement cannot be waived. 2016 CIP A-5 Agreement Contractor's Initials qi (d) Change Order. Should DISTRICT agree that a change order is warranted for either additional time or compensation, a written change order shall be executed. If DISTRICT does not agree to the change order, and CONTRACTOR has provided timely notices and submitted its written request for change order in a timely manner and on the proper form, q CONTRACTOR will have preserved the issue for later resolution in compliance with other procedures set forth in this AGREEMENT or as the law may otherwise allow. (e) Change Order Authority. The following authority is given to approve Change Orders: (i) Change Orders for Extra Time. The District Manager shall have the authority to grant extra days without limit. (ii) Change Orders for Extra Compensation. The District Manager shall have the authority to make change orders up to an aggregate amount of Ten Percent(10%)of the original contract amount or Fifteen Thousand Dollars ($15,000), whichever is greater. 22. Damages / Extra Work Compensation. The parties have agreed to modify the formula for damages set forth in the Standard Specifications for Public Works Construction. The parties agree that the following damage formula shall be used to measure all of CONTRACTOR's damages or extra work required by this PROJECT. CONTRACTOR shall be limited to the following: Direct costs Mark-up Labor 20% Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first $5,000) Subcontracted work 5% (work in excess of first$5,000) Specialty Subcontracting (required by extra work) 5% (Provided at least three (3) competitive bids are obtained and CONTRACTOR selected the lowest bidder) Excluded from recovery shall be so-called "Eichleay damages," including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost interest. CONTRACTOR acknowledges that his recovery for damages or extra work is limited as provided in this Section. 2016 CIP A-6 Agreement I (6 Contractor's Initials SUBCONTRACTING 23. Subcontracting. CONTRACTOR acknowledges that he or she is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Sections 4100 et seq.) and agrees to comply with all applicable provisions thereof. If any part of the work to be done under this AGREEMENT is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with this AGREEMENT. Upon request, certified copies of any or all subcontracts shall be furnished to DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve CONTRACTOR of any part of his responsibility under the AGREEMENT. Pursuant to Public Contract Code Section 4110, CONTRACTOR's violation of any of the provisions of the Subletting and Subcontracting Fair Practices Act violates this AGREEMENT, and DISTRICT may cancel this AGREEMENT or assess CONTRACTOR a penalty of not more than 10 percent (10%) of the subcontract involved. DISTRICT may deduct this penalty from any monies due or that may become due to CONTRACTOR for work performed under this AGREEMENT. All persons engaged in the work, including subcontractors, will be considered as employees of CONTRACTOR. CONTRACTOR will be held responsible for their work. DISTRICT will deal directly with and make all payments to CONTRACTOR. STOP NOTICES 24. Additional Costs. Pursuant to Civil Code Section 9358, upon receipt of a stop notice, DISTRICT shall withhold from payment to CONTRACTOR sufficient funds due, or to become due, to pay the claim stated in the stop notice and provide for DISTRICT's reasonable costs of litigation. One hundred twenty-five percent (125%) of the amount of the claim stated in the stop notice shall be a reasonable amount to withhold. In addition to the remedies authorized by law, CONTRACTOR shall reimburse DISTRICT for administrative expenses incurred in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in CONTRACTOR's payment bond. DISTRICT shall have the right to deduct any such expenses from amounts due or to become due to CONTRACTOR under this AGREEMENT. COMPLETION 25. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out Agreement and Release of All Claims on DISTRICT's form (attached). The execution by CONTRACTOR of the Final Close Out Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT under or arising out of this AGREEMENT unless otherwise stated in said document. 26. Guarantees. CONTRACTOR shall, and hereby does, guarantee all work for a period of one (1)year after the date of acceptance of the work by the DISTRICT and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized 2016 CIP A-7 Agreement to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefor immediately on demand. This guarantee shall be in addition to any manufacturer or specific guarantees that may be required. CONTRACTOR shall provide those manufacturer and specific guarantees before CONTRACTOR may claim entitlement to final payment. INDEMNIFICATION 27. Indemnity. CONTRACTOR shall indemnify, defend with legal counsel approved by DISTRICT, and hold harmless DISTRICT, and its officers, officials, employees, and volunteers, from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the DISTRICT. Should conflict of interest principles preclude a single legal counsel from representing both DISTRICT and CONTRACTOR, or should DISTRICT otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the DISTRICT its costs of defense, including without limitation reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the DISTRICT and its officers, officials, employees, and volunteers with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this AGREEMENT. CONTRACTOR's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense,judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of DISTRICT under any provision of this AGREEMENT, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where DISTRICT is shown to have been actively negligent and where DISTRICT's active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of DISTRICT. Notwithstanding any limits provided for indemnification, CONTRACTOR's duty to defend is broader. CONTRACTOR agrees to provide DISTRICT with a defense, with counsel reasonably acceptable to DISTRICT, or pay DISTRICT's costs of defense upon service of any complaint, petition or other pleading that requires DISTRICT to defend itself in any proceeding arising out of the work described in this AGREEMENT. Said obligation shall not extend to disputes between CONTRACTOR and DISTRICT. INSURANCE 28. Insurance. Without limiting CONTRACTOR's indemnification of DISTRICT, and prior to commencement of work, CONTRACTOR shall obtain, provide, and maintain at its own expense during the term of this AGREEMENT policies of insurance of the types and amounts 2016 CIP A-8 Agreement described below and in a form satisfactory to DISTRICT. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office Form CG 00 01, in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 general aggregate, for bodily injury, personal injury, and property damage, including, without limitation, blanket contractual liability, and a $2,000,000.00 completed operations aggregate. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office Form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000.00 that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • 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; and • Policies shall "follow form"to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000.00) for CONTRACTOR's employees 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 the laws of the State of California, Section 3700 of the Labor Code, for all of the subcontractor's employees. CONTRACTOR shall submit to DISTRICT, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of DISTRICT and its officers, agents, employees, and volunteers. Builder's risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk insurance as specified below. The named insureds shall be CONTRACTOR, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and CITY and its officers, officials, employees, and agents. CONTRACTOR shall not be required to maintain property insurance for any portion of the PROJECT following transfer of control thereof to CITY. Policy shall be provided for replacement value on an "all risk" basis. There shall be no 2016 CIP A-9 Agreement coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, or omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the PROJECT; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub- limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub-limits. Proof of insurance. CONTRACTOR shall provide certificates of insurance to DISTRICT as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by DISTRICT's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with DISTRICT at all times during the term of this AGREEMENT. DISTRICT reserves the right to require complete, certified copies of all required insurance policies at any time. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by CONTRACTOR or his agents, representatives, employees, or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. DISTRICT and its officers, officials, employees, and agents shall continue as additional insureds under such policies. DISTRICT's rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, DISTRICT has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by DISTRICT will be promptly reimbursed by CONTRACTOR or DISTRICT will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, DISTRICT may cancel this AGREEMENT. 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 DISTRICT's Counsel. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against DISTRICT and its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against DISTRICT and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of AGREEMENT provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the DISTRICT to inform CONTRACTOR of non-compliance with any requirement imposes no additional 2016 CIP A-10 Agreement obligations on the DISTRICT, nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide DISTRICT with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that DISTRICT and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability policies. DISTRICT's right to revise requirements. The DISTRICT reserves the right, at any time during the term of the AGREEMENT, to change the amounts and types of insurance required by giving the CONTRACTOR a ninety(90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the DISTRICT and CONTRACTOR may renegotiate CONTRACTOR's compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by DISTRICT. DISTRICT reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by DISTRICT. Timely notice of claims. CONTRACTOR shall give DISTRICT prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in his/her/its own judgment may be necessary for its proper protection and prosecution of the work. 29. Workers' Compensation. A. CONTRACTOR shall carry Workers' Compensation Insurance, and require all subcontractors to carry Workers' Compensation Insurance, as required by the Labor Code of the State of California. CONTRACTOR, by executing this AGREEMENT, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this AGREEMENT." II B. CONTRACTOR acknowledges that it is unlawful and a crime to intentionally make false statements about employees that misclassify their job duties to obtain lesser 2016 CIP A-11 Agreement premium costs or for other improper purposes. CONTRACTOR agrees that if it makes false statements about its employees for the purpose of obtaining lower workers' compensation or for other unlawful purposes, it shall be considered a material breach of this premiums p p AGREEMENT. 30. Bonds. Within the time period set forth in the CONTRACT DOCUMENTS and prior to commencing the work on the PROJECT, the CONTRACTOR shall file with the DISTRICT a good and sufficient labor and material payment bond (Payment Bond) and a performance bond (Performance Bond) in the amount of one hundred percent (100%) of the Contract Sum covering performance of the work other than the professional design services portion of the work. The Performance Bond and Payment Bond shall be in the form required by the CONTRACT DOCUMENTS. The amounts of the Payment Bond and Performance Bond shall be increased as, when, and in the amount of any Change Orders that are executed increasing the Contract Sum, the CONTRACTOR shall, upon request by the DISTRICT, provide evidence of such increases. Should the Payment Bond or Performance Bond or any Surety on such bond become or be determined by the DISTRICT to be insufficient, it shall be replaced within ten (10) days by a bond that fully complies with the requirements of this Section. No further payments to the CONTRACTOR for the work performed shall be made or due until the CONTRACTOR has fully complied with the requirements of this Section. Duration. The Payment Bond shall remain in effect until acceptance of the work by the DISTRICT and payment of all stop notices and claims by the CONTRACTOR or the subcontractors, of any tier, have been satisfied. The Performance Bond shall remain in effect and assure faithful performance of all the CONTRACTOR's obligations under the CONTRACT DOCUMENTS, including, without limitation, all obligations that survive final completion or termination, such as, but not limited to, CONTRACTOR's warranty, commissioning, and indemnity obligations. Surety. At the time the AGREEMENT is signed, and at all times thereafter until final payment has been made by the DISTRICT, the Surety on the Payment Bond shall be an Admitted Surety, and the Surety on the Performance Bond shall be a licensed Surety in good standing with the California Department of Insurance and have an A.M. Best's Insurance Rating of not less than A-: VI. Premiums. The premiums for all bonds are included in the Contract Sum and shall be paid by the CONTRACTOR. Obligee. The Payment Bond and Performance Bond shall each name the DISTRICT as obligee. All bonds purchased by the subcontractors shall name the CONTRACTOR and the DISTRICT as dual obligees. No exoneration. Changes, Change Orders, Unilateral Change Orders, Field Orders, modifications, and adjustments to the Contract Sum or completion date shall in no way release or exonerate the CONTRACTOR or its Surety from their obligations, and notice thereof shall be waived by the Surety. The foregoing provision shall be included in the terms of the Payment Bond, Performance Bond, and any bonds obtained by the subcontractors. Communications. The DISTRICT shall have the right to communicate with the CONTRACTOR's Sureties with respect to matters that are related to the CONTRACTOR's performance of its obligations under the CONTRACT DOCUMENTS. CONTRACTOR shall be provided with a copy of all such written communications. Such communications shall not 2016 CIP A-12 Agreement create, or be interpreted as creating, any contractual relationship between the DISTRICT and the Surety. No limitation. The requirements of this Section pertaining to the Performance Bond and the Payment Bond shall be without limitation to any other obligations the CONTRACTOR may have under applicable law to provide bonding for the benefit of and to assure payment to the subcontractors or subconsultants performing the work for the PROJECT. TERMINATION 31. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this AGREEMENT in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this AGREEMENT, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) day notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money due or that may become due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this AGREEMENT in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to deduction for previous payments and authorized deductions, by: (i) reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this AGREEMENT, (ii) reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT's prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this AGREEMENT, and (iii) paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire AGREEMENT estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total AGREEMENT price less payments previously made and less the AGREEMENT price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this AGREEMENT, (ii) immediately cancel all existing orders and subcontracts made hereunder, and (iii) immediately transfer to DISTRICT all materials, supplies, work-in-process, appliances, facilities, equipment, machinery, and tools acquired by CONTRACTOR in connection with the performance of this AGREEMENT. CLAIM RESOLUTION 32. Resolution of Claims. For all claims that are Three Hundred Seventy-Five Thousand Dollars ($375,000.00) or less, the provisions of Public Contracts Code Sections 20104 et seq. (Article 1.5 - Resolution of Construction Claims) shall be followed. For claims for 2016 CIP A-13 Agreement money or time submitted pursuant to Public Contract Code 9204, the provisions of that section shall apply and a meet and confer process, followed by nonbinding mediation, shall occur. 33. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR upon receipt of any third-party claim related to the AGREEMENT. CONTRACT DOCUMENTS AND INTERPRETATION 34. (a) Other Documents Included. It is further agreed by the parties hereto that the following documents are incorporated herein by reference and are to be read and construed together as the full, complete, and integrated terms of this AGREEMENT and, collectively with this AGREEMENT, may be referred to as the CONTRACT DOCUMENTS: A. Notice Inviting Bids B. Instructions to Bidders C. Proposal D. Scope of Work E. District Request for Change Order/Change Order F. Notice to Proceed G. Labor and Materials Bond H. Performance Bond I. Final Closeout Agreement J. Plan Drawings (#316 Adams Pump Station Electrical Improvements) K. General Conditions L. Special Conditions M. General Requirements (b) Interpretation of Incorporated Documents. In the event of any conflict, inconsistency or incongruity between the provisions of this AGREEMENT and the provisions of any document listed in Subsection (a) above, the provisions of this AGREEMENT shall prevail unless a contrary intent is shown. This AGREEMENT shall be interpreted as though it had been drafted by the DISTRICT and the CONTRACTOR equally. This AGREEMENT shall be interpreted according to the laws of the State of California. 35. Integration/No Oral Modifications. This AGREEMENT integrates all understandings of the parties. Any amendment to this AGREEMENT must be made in writing and signed by the parties with legal authority to execute the same. CONTRACTOR is aware that DISTRICT is a special district and that, pursuant to Health and Safety Code Section 6487, contract amendments may only be entered into by compliance with those formalities. Notwithstanding the above, requests for additional time or compensation may be made by following the procedures provided for in this AGREEMENT. 36. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. MISCELLANEOUS 2016 CIP A-14 Agreement 37. Discrimination, Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin, or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209]. 38. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity" and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). 39. Drug-Free Work. CONTRACTOR agrees to provide a drug-free workplace in accordance with 24 CFR part 24, sub-part F. Under 24 CFR part 24, sub-part F, the CONTRACTOR will provide certification in writing that it will provide a drug-free workplace by: (a) Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is P 9 and specifying ainst the action it will take a prohibited in the workplace, 9 employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that every employee to be engaged in the performance of the AGREEMENT be given a copy of the statement required by Subsection (a); (d) Notifying employees in the statement required by Subsection (a) that as a condition of employment under the AGREEMENT the employee will: 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e) Notifying DISTRICT in writing within ten (10) calendar days after receiving notice under Subsection (d)(2)from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f) Taking one of the following actions, within thirty (30) calendar days of receiving notice under Subsection (d)(2), with respect to any employee who is so convicted: 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 2016 CIP A-15 Agreement 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of Sections (a), (b), (c), (d), (e), and (f). 40. Permits. The CONTRACTOR shall obtain from the DISTRICT, County, City, State, or other responsible public agencies all licenses and permits, and pay all fees related thereto, necessary to complete the job. 41. Assignment. No assignment by the CONTRACTOR of this AGREEMENT or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. 42. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR's responsibility to keep the site in a clean, neat, and orderly condition. It shall also be CONTRACTOR's duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 43. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 44. Trenching. If this AGREEMENT involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the DISTRICT in writing, of any: (a) Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. (b) Subsurface or latent physical conditions at the site differing from those indicated. (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the AGREEMENT. The DISTRICT shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the work shall issue a change order in accordance with the procedures described in this AGREEMENT. In the event that a dispute arises between the DISTRICT and the CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or time required for, performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided 2016 CIP A-16 Agreement for by the AGREEMENT but shall proceed with all work to be performed under the AGREEMENT. The CONTRACTOR shall retain any and all rights provided either by this AGREEMENT or by law which pertain to the resolution of disputes and protests between the contracting parties provided that CONTRACTOR complies with Section 21 when asserting such claim. 45. Notices. The parties hereto agree that all formal notices required by this AGREEMENT may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: Costa Mesa Sanitary District 628 W. 19th Street Costa Mesa, CA 92627 CONTRACTOR: GCI Construction Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 46. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to DISTRICT's employees, agents or representatives with a view toward securing this AGREEMENT or securing favorable treatment with respect thereto. 47. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage relationship with, and that it is not in any way associated with, any architect, engineer or other preparer of the plans and specifications for this PROJECT. 48. Copeland "Anti-Kickback" Act. If applicable to this AGREEMENT, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 U.S.C. Section 874), as supplemented in Department of Labor regulations, which Act provides that each contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work to give up any part of the compensation to which he is otherwise entitled. 49. Attorney's Fees. In any action or proceeding brought by either party against the other party arising out of or in any way connected to this AGREEMENT, or where any provision hereof is validly asserted as a defense, the parties shall bear their own attorney's fees, costs, and expenses. Nothing in this provision shall excuse CONTRACTOR's duty to provide DISTRICT with a defense at CONTRACTOR's cost when DISTRICT receives a complaint, petition or other pleading from a third party requiring DISTRICT to defend itself. Notwithstanding the foregoing, costs and attorney's fees shall be available pursuant to Code of Civil Procedure Section 386.6 in connection with an interpleader. 50. Assignment of Rights. Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and 2016 CIP A-17 Agreement Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. 51. SCAQMD and CARB Compliance. CONTRACTOR agrees to comply with all South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (GARB) requirements, including, but not limited to, compliance with CARB Regulations limiting idling of self-propelled diesel-fueled on-road and off-road vehicles and equipment (25 HP and up) to no more than five (5) consecutive minutes as specified in Title 13 of the California Code of Regulations, section 2449 (d)(3), Idling. 52. Mined Construction Materials. CONTRACTOR shall not purchase mined construction material except from a mining operation that is currently identified in the list published pursuant to subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for qualified mining operations at www.consrv.ca.gov/OMR/ab_3098_list/current_list. IN WITNESS WHEREOF, the parties hereto have entered into this AGREEMENT the date and year first above written. ATTEST: COSTA MESA SANITARY DISTRICT: /. AtetaiLae . Presi•ent APPROVED AS TO FORM: % /11/ .� _ Secretary CONTRACTOR: GCI Construction, Inc. District Counsel APPROVED AS TO CONTENT: Address: 1031 Calle Recodo,Suite D,San Clemente CA 92673 Distric General Manager --- By: By: , it Ter D.Gi espi- -President 2016 CIP A-18 Agreement CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 rcaaFrr, :• ohrz A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange 25, 2017 Janet Gillespie - Notary Public On July before me, P Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie Name(s)of Signer(d) who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/At subscribed to the within instrument and acknowledged to me that he/AXP/04 executed the same in his/Ilettiffleit authorized capacity(I ),and that by his/Mt/VW signature(6)on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JANET GILLESPIE WITNESS my hand and official seal. et,s Commission#2049968 z NotaryPublic-California z ) YLd / v Orange County Signature / My Comm.Expires Oec 2_1._20_14 Signa re of Notary blic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): LI Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: �4�✓,4'"4�.''a/4'y,.�4.y4.y...ei4-as4�✓, -d4'ar4�.'.�.4'y�.v4.�.•'✓.'ri4'ar4�✓...d.a,.'.'4\ ''ri4''4'ei.'u.'argJi'ei4'er. v4�4'✓..,v.'y4�✓i.-ei4'y4�; .r'4'y 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 I,I 2016 CIP A-19 Agreement STATE OF CALIFORNIA) (INDIVIDUAL)/(CORPORATION) ss. COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said state, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEE ATTACHED ACKNOWLEDGEMENT (Notary Public) 2016 CIP A-20 Agreement EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND PAGE 1 Bond No. 0608938 PREMIUM: $1,958.00 COSTA MESA SANITARY DISTRICT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT (DISTRICT), a California Sanitary District, has on January 26, 2017 awarded to GCI Construction Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 hereinafter designated as the"PRINCIPAL,"an AGREEMENT for the work described as follows: #316 Adams Pump Station Electrical Improvements. Said AGREEMENT is fully incorporated herein by reference. WHEREAS, the said PRINCIPAL is required under the terms of said AGREEMENT to furnish a bond for the faithful performance of said AGREEMENT. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as PRINCIPAL, and (Name and Address of Surety) INTERNATIONAL FIDELITY INSURANCE COMPANY, 2400 E. KATELLA AVE. , STE 250, ANAHEIM, CA. 92806 hereinafter designated as the "SURETY,"duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: one hundred forty three thousand one hundred twenty dollars, and no cents ($143,120.00), said sum being not less than one hundred percent (100%) of the estimated amount payable under the terms of the AGREEMENT for which payment well and truly be made, we bind ourselves and our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened PRINCIPAL, his/her/its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said AGREEMENT and any alteration thereof made as therein provided, on his or their part, to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Costa Mesa Sanitary District, its officers, and its agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0608938 In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney's fees as fixed by the court. And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24th day of JULY , 2017 GCI Construction Inc. 1031 Calle Recodo, S e D S Clemente, CA 9 73 PRINCIPAL By: .Gillespie-President Company Re resentative In accordance with the AGREEMENT, all bonds shall have been issued by an admitted surety insurer, and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, SURETY certifies that the bonds are issued by admitted surety. SURETY INTERNATIONAL FIDELITY INSURANCE COMPANY A4 Company - •resentative MICHAEL . STONG, • TORNEY-IN- CT APPROVED AS TO FORM: District Counsel Costa Mesa Sani ry District By/s/ FAITHFUL PERFORMANCE BOND PAGE 2 Bond No. 0608938 In case suit is brought upon this bond, SURETY further agrees to pay all court costs and reasonable attorney's fees as fixed by the court. And the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the AGREEMENT or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond,and it does hereby waive notice of any such change,extension of time, alteration, or addition to the terms of the AGREEMENT or to the work or to the specifications. IN WITNESS WHEREOF,we have hereunto set our hands and seals this 24th day of JULY , 2017 . GCI Construction Inc. 1031 Calle Recodo, S e D Clemente, CA 9- ;73 PRINCIPAL Gam(/ —' By: .cow-President Company Re esentative In accordance with the AGREEMENT, all bonds shall have been issued by an admitted surety insurer, and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, SURETY certifies that the bonds are issued by admitted surety. SURETY INTERNATIONAL FIDELITY INSURANCE COMPANY 1 By: (A , ' 1 Company -Q' :sentative MICHAEL . STONG, ORNEY—IN— CT APPROVED AS TO FORM: District Counsel Costa Mesa Sanitary District By/s/ att~---itiLer'f4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Lrcc� c� o�rar�c ezr�c�oFrc� crr• Fv -n,& c,-rrccxnas A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On July 25, 2017 before me, Janet Gillespie - Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie Name(s)of Signer(d) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ait,� subscribed to the within instrument and acknowledged to me that he/00/0W$ executed the same in his/Yi ff/t iMt authorized capacity(Id ),and that by his/YW/TYNE signature(t)on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph , JANET GILLESPIE is true and correct. • Commission #2049968 t�.•, z WITNESS my hand and official seal. < i;'o 4 ,, Notary Public-California z z T-011# Orange County D • _ _Com__m.Expires__ _Dec_21,_201_ 7 Signature /7� _ N t ` �ZY�1 Signat re ofo ary ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document • Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — LI Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: �4�.4�4�.•i4'✓.✓i.a,4�..t''4.✓'L4'a+4S✓�•'er4'm'.e/4�4'✓,',ei4'a/4�✓, . ei4�.4'✓-'L4'N.' .v ri-a:4'✓ L..-'4Cs��4'd'4��:4��4'✓ ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ..... t!-.4t 't�'t 't�s,!s�t 't 't t✓Tt st!c,,t t t t t!,,, ( t .Ys,.• 't t!c�t..,,t!s t!c�t!iw�t!,,;t t✓*:.1 t t tit t.,.s. eiK!.,t t. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Riverside ) On -1/9Y//7 before me, R. Nappi "Notary Public" , Dhte Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(*) whose name( is/art subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(et),and that by his/her/their 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 ..,,,-.�, R.NAPP1 is true and correct. z '� x M. COMM.#2152652 N WITNESS myhand and official seal. =• - NOTARY PUBUC•CAUFORNIA z YRNERSIDE COUNTY 1r My Comm.Exp.June 7,2020 1 Q Signature /� - di,9‘27 Sign ure of Notary Public Place Notary Seal Above OPTIONAL P completing Though this section is optional, this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other. Signer Is Representing: Signer Is Representing: .��.�.. • _.._.... • .\..• "_.", .2..._...._. \.�.s ... .� . • . .\,... �.-..._...,.‘• .-,4\._...2_,!•\_,,,.. • .�• ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • • EXECUTED IN DUPLICATE PAYMENT BOND PREMIUM INCLUDED IN PERFORMANCE BOND PAGE 1 Bond No. 0608938 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation, by minute order of the Board of Directors, adopted on January 26, 2017, has awarded to GCI Construction Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 Hereinafter designated as the "Principal", a contract for the work described as follows: #316 Adams Pump Station Electrical Improvements WHEREAS, said Principal is required by the provisions of said contract and of the Civil Code to furnish a bond in connection with said contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and INTERNATIONAL FIDELITY INSURANCE COMPANY, 2400 E. KATELLA AVE. , STE 250, ANAHEIM, CA 92806 (Name and Address of Surety) Duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: one hundred forty three thousand one hundred twenty dollars, and no cents ($143,120.00), said sum being set per Civil Code Section 9554 at one. hundred (100%) percent of the estimated amount payable under the terms of the contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 9100 of the Civil Code of the State of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then said Surety will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 9100 so as to give a right of action to them or their assigns in any suit brought upon the bond. • PAYMENT BOND PAGE 2 0608938 Bond No. Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the contract documents and/or of the work to be performed thereunder. IN WITNESS WHEREOF,we have hereunto set our hands and seals this 24th day of JULY , 2017. GCI Construction Inc. 1031 Calle Recodo Suite D San Clemente, C 92673 PRINCIPAL � v By: / � l Company R=pre = tative-Terry D.Gillespie-President In accord-nce with the Contract for#316 Adams Pump Station Electrical Improvements, all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of CMI Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by an admitted surety. INTERNATIONAL FIDELITY INSURANCE COMPANY Name 2400 E. KATELLA AVE. STE 250 Street Address ANAHEIM, CA 92806 City,State,Zip Code SURETY INTERNA ON, FIDELITY INSURANCE COMPANY By: 04, Compan Representati MICHAEL . STONG, ATTORNEY-IN-FACT APPROVED AS TO FORM: Alan R. Bums, District Counsel Costa Mesa Sani Dis ict By/s/ PAYMENT BOND PAGE 2 0608938 Bond No. Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the contract documents and/or of the work to be performed thereunder. IN WITNESS WHEREOF,we have hereunto set our hands and seals this 24th day of JULY , 2017. GCI Construction Inc. 1031 Calle Recodo Suite D San Clemente, C 92673 :: 1P AL. Company R ffT ,tative-Terry I).Gillespie-President In accord-nce with the Contract for#316 Adams Pump Station Electrical Improvements, all bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.680. By signing below, Surety certifies that the bonds are issued by an admitted surety. INTERNATIONAL FIDELITY INSURANCE COMPANY Name 2400 E. KATELLA AVE. STE 250 Street Address ANAHEIM, CA 92806 City,State,Zip Code SURETY INTERNA 0 • FIDELITY INSURANCE COMPANY B 1 •A y: Compan Represen t= MICHAEL . STONG, ATTORNEY—IN—FACT APPROVED AS TO FORM: Alan R. Bums, District Counsel Costa Mesa nitary tr' By/s/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �..v .Am.e4Z<.v. c\<.a<sras<.a ss<.c.<.a-:�.<.c.<.m.s.<.vasa:�<. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On July 25, 2017 before me, Janet Gillespie - Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry D. Gillespie Name(s)of Signer() who proved to me on the basis of satisfactory evidence to be the person($) whose name(44) is/.,t0 subscribed to the within instrument and acknowledged to me that he/SIVAIWyr executed the same in his! M//t'h'eft authorized capacity(Id ),and that by his/hW/tlWblt signature(6)on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph JANET GILLESPIE is true and correct. .�.. Commission #2049968 :Hs41�..), Notary Public•California z WITNESS my hand and official seal. Z `t"''a'' Orange County My Comm.Expires Dec 21,2017 / ' / Signature Signature of Notary Piublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — El Limited ❑General ❑ Partner — ❑Limited El General El Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee Cl Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Zh�dGc6�c �� `�S Cie! � c.a �s`�snry -• ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C...�t CTC t�t�t�t!s�t!s�t�.�t t t.o�t�tt�rt!s� t�t�t�t�t�t�.•�wt�rt!�t!�t_c�t�t ts�t�t�t� t t�.✓c�t✓s�t�t�t. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside On l/ay/17 before me, R. Nappi"Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/ate subscribed to the within instrument and acknowledged to me that he/sbl'e/they executed the same in his/her/their authorized capacity(et),and that by his/tzer/their signature(4 on the instrument the person(*, or the entity upon behalf of which the person(x) 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. NAPPI COMM.#2152652 WITNESS my hand and official seal. »` je a$s - NOTARY PUBUC•CALIFORNIA zRIVERSIDE COUNTY My Comm.Exp.June 7.2020 1 Signature /eQ Sign uNotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: L�4�.<'d<\�L�.c'✓«.i-e.'. <'e!<-.Y<\%4�<'s<�4�4�<'m4L�4\�4'✓4 d4`.4'uG',v4'.v4f-f4 .v4\IY4N.114,4 ar4�L 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 •* ,.. . .. . .. ..* ',. • ' Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennnysylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint MICHAEL D. STONG, JEREMY PENDERGAST Riverside, CA. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(sl inpursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authonly of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and 13)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012. ...---------... stITY I.G.P.suPt Y STATE OF NEW JERSEY 44 cof gitk County of Essex 0 ditPfbtfA 4 2 liong7 r" I J 1936 - -, c v*ite.ir * * ROBERT W.MINSTER pi` iteivpis INO Executive Vice President/Chief Operating Officer 47 1' * ri. (International Fidelity Insurance Company) and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ooissr g P 0000 at the City of Newark,New Jersey the day and year first above written. ,,60 4, .,. OO 41,...,V(VA .,,,, (70 0 TW......•-•••..Nie, 4.• • ...4. -.)....,,t* 1. .. . - • s : OP• • . . • . . • . ...4% A NOTARY PUBLIC OF NEW JERSEY s ". ..^ 0> 4* Commission . Ie.At-..." *. &It'. 4" My Expires Mar.27,2014 Op peen•P'r 0. 6ff 06% 4",PPP,444% CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this „,2y-f- day of g ,,,L.P.i Jo 401441e.., -1/(.._.------ ,).4 MARIA BRANCO,Assistant Secretary • , 7/26/2017 Company Profile CAI (r!RNIA DEPARTMENT OF INSURANCE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results INTERNATIONAL FIDELITY INSURANCE COMPANY Company ONE NEWARK CENTER 20TH FL Information NEWARK, NJ 07102-5207 Old Company Names Old Company Names Effective Date Agent for Service Reference Information Agent For Service NAIC Group List DOROTHY O'CONNOR-MANSON Lines of Business 2999 OAK ROAD Workers' SUITE 820 Compensation WALNUT CREEK CA 94597 Complaint and Request for Action/Appeals Reference Information Contact Information 1 Financial Statements NAIC #: 11592 PDF's Annual Statements California Company ID #: 4341-4 Quarterly Date Authorized in California: 02/09/1996 Statements Company Complaint License Status: UNLIMITED-NORMAL Company Company Type: Property&Casualty Performance& 1 Comparison Data State of Domicile: i NEW JERSEY Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In Your Area NAIC Group #: 4705 IFIC Surety Grp View Financial Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/comps nyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=60972 1/1 A DATE(MMIDDIYYYI) CERTIFICATE OF LIABILITY INSURANCE 7(MMIDD17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 Compass Direct Insurance Services, Inc. NAMEACT Jeremy Seltzer 13681 Newport Ave., Ste 8#622 PHONE FAX Tustin, CA E-MAILL 6rc): 714-665-9800 (ac.No): 714-665-9801 2780 E T,T ADDRESS: ieremy(a,Cdisi.com INSURER(S)AFFORDING COVERAGE NAIC# www.cdisi.com License#OH16100 INSURER A: Great American Assurance Company 26344 INSURED INSURER B: Wesco Insurance Company 25011 GCI Construction, INSURER c: Security National Insurance Company 19879 ReSte. D S 1031 Calle Recodo, San Clemente CA 92673 INSURER D: RSUI Indemnity Company 22314 INSURER E: AGCS Marine Insurance Company 22837 INSURER F: COVERAGES CERTIFICATE NUMBER: 36865078 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL:SUBR POLICY EFF POLICY EXP LIMITS LTR INSD,WVD POLICY NUMBER (MDD/YYYY) (MMDI /DYYYY) A / COMMERCIAL GENERALLIABILITY / ✓ GLP 1552541 4/1/2017 4/1/2018 EACH OCCURRENCE $ 1,000,000 DGE TO _ CLAIMS-MADE ,/ OCCUR PREM SES(EaENTED occurrence) $ 50,000 ✓ Owner's/Cont.Pro MED EXP(Any one person) $ Excluded ✓ XCU/Deductible$5,000 PERSONAL&ADV INJURY_$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ✓ ,JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employee Benifits $ 1,000,000 B AUTOMOBILE LIABILITY i ✓ WPP1516201 00 4/1/2017 4/1/2018 COMBIINdEDtSINGLELIMIT — $(Ea acci1000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS , ✓ AUTOS ONLY 1 AUTOS ONLY Comp/Coll Ded$1,000 (Per as d DAMAGE _ $ No Liability Deductible $ D / UMBRELLALIAB ,/ OCCUR / NHA242287 4/1/2017 4/1/2018 EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 4,000,000 $0 Deductible DED , RETENTION$ $ C WORKERS COMPENSATION ,/ SWC1146549 3/17/2017 3/17/2018 �/ EfEt ETH- AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y( N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) $0 Deductible E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS belowE.L.DISEASE-POLICY LIMIT $ 1,000,000 E IM-Eqp./Lesd-Hrd-R MXI 93 076 269 4/1/2017 4/1/2018 Sch/Per:481K/100K Deductible$1,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project No.316 Costa Mesa Sanitary District GCI Job No.502 DISTRICT,and its officers,officials,employees,and volunteers,are named as additional insured as per the attached endorsements with respects to the operations of the named insured as per contract. CERTIFICATE HOLDER CANCELLATION Project No.316 Costa Mesa Sanitary District GCI Job No.502 Costa Mesa SanitaryDistrict SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 290 Paularino Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa CA 92626 0 1140 AUTHORIZED REPRESENTATIVE I Jeremy Seltzer ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 36865078 117/18 GL AU DME WC IME/LHR 1 Nina Lautenschlager 1 7/26/2017 12:23,47 PM (PDT) 1 Page 1 of 10 • Great American Assurance Company CG 20 33 GLP 1552541 (Ed. 07 04) GCI Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is This insurance does not apply to: amended to include as an Additional Insured any person or organization for whom you are 1. "Bodily injury," "property damage" or "per— performing operations when you and such sonal and advertising injury" arising out of person or organization have agreed in writing the rendering of, or the failure to render, in a contract or agreement that such person any professional architectural, engineering or organization be added as an Additional In— or surveying services, including: sured on your policy. Such person or or— ganization is an Additional Insured only with a. the preparing, approving, or failing to respect to liability for "bodily injury," "prop— prepare or approve, maps, shop erty damage" or "personal and advertising in— drawings, opinions, reports, surveys, jury" caused, in whole or in part, by' field orders, change orders or draw— ings and specifications; or b. supervisory, inspection, architectural 1. your acts or omissions; or or engineering activities. 2. "Bodily injury," or "property damage" oc- 2. the acts or omissions of those acting on curring after: your behalf; a. all work, including materials, parts or equipment furnished in connection in the performance of your ongoing oper— with such work, on the project (other ations for the Additional Insured. than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location A person's or organization's status as an Ad— of the covered operations has been ditional Insured under this endorsement ends completed; or when your operations for that Additional In— b. that portion of "your work" out of sured are completed. which the injury or damage arises has been put to its intended use by any person or organization other than an— B. With respect to the insurance afforded to other contractor or subcontractor en— these Additional Insureds, the following addi— gaged in performing operations for a tional exclusions apply: principal as a part of the same project. Copyright, ISO Properties, Inc., 2004 CG 20 33 (Ed. 07/04) XS 36865078 I 17/18 GL AU OMB WC IME/LHR I Nina Lautenschlager I 7/26/2017 12:23:47 PM (PDT) I Page 2 of 10 Great American Assurance Company GLP 1552541 GCI Construction, Inc. CG 20 37 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): Location and Description of Completed Operations: Any person or organization that Per Certificate ( s ) of Insurance "you" and such person or organiza- tion have agreed in writing in a contract or agreement that such "Your work" performed during this policy person or organization be added as period . an additional insured on "your " policy , but only for "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 II - 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. 07/04) PRO (Page 1 of 1) 36865078 1 17/18 GL AU UMB WC IME/LHR 1 Nina Lautenschlager 1 7/26/2017 12:23:47 PM (PDT) 1 Page 3 of 10 Great American Assurance Company CG 24 04 GLP 1552541 (Ed. 05 09) GCI Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. 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. ISI Copyright, ISO Properties, Inc., 2008 CG 24 04 (Ed. 05/09) PRO (Page 1 of 1) 36865078 1 17/18 GL AU UMB WC IME/LHR 1 Nina Lautenschlager 1 7/26/2017 12:23:47 PM (PDT) 1 Page 4 of 10 Great American Assurance Company GLP 1552541 GAC 3649CG GCI Construction, Inc. (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non-contributory. • GAC 3649CG (Ed. 11/06) XS 36865078 1 17/18 GL AU UMB WC IME/LHR 1 Nina Lautenschlager 1 7/26/2017 12:23:47 PM (PDT) 1 Page 5 of 10 Great American Assurance Company GLP 1552541 CG 25 03 GCI Construction, Inc. (Ed. 03 97) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any construction project where "you" are performing operations when "you" have agreed in writing in a contract or agreement that a separate General Aggregate Limit shall apply to such construction project , but only if "your work " on or at the construction project is performed during the period of this policy . (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C. (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products—completed operations hazard," and for medical expenses under Coverage C. regardless of the number of: a. Insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits." Copyright, Insurance Services Office, Inc., 1996 CG 25 03 (Ed. 03/97) PRO (Page 1 of 21 36865078 l 17/18 GL AU UMB WC IME/LHR l Nina Lautenschlager l 7/26/2017 12:23:47 PM (PDT) I Page 6 of 10 3. Any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C. (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. such payments shall not reduce any Designated Construction Project General Aggregate Limit C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project E. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc.. 1996 CG 25 03 (Ed. 03/97) PRO (Page 2 of 2) 36865078 1 17/18 GL AU UMH WC IME/LHR 1 Nina Lautenschlager 17/26/2017 12:23:47 PM (PDT) 1 Page 7 of 10 WPP1516201 00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 4/1/2017 Countersigned By: Named Insured: GCI Construction, Inc. (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s): Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 36865078 1 17/18 GL AU UMB WC IME/LHR 1 Nina Lautenschlager 1 7/26/2017 12:23:47 PM (PDT) 1 Page 8 of 10 WPP1516201 00 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GCI Construction, Inc. Endorsement Effective Date: 4/1/2017 SCHEDULE Name(s)Of Person(s)Or Organization(s): Blanket as required by written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 ©Insurance Services Office, Inc., 2009 Page 1 of 1 0 36865078 1 17/18 GL AU UMB WC IME/LHR 1 Nina Lautenachlager 1 7/26/2017 12:23:47 PM (PDT) 1 Page 9 of 10 • WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00%of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 3/17/2017 Policy No.SWC1146549 Endorsement No. WC 04 03 06 Insured GCI Construction,Inc. Premium$ Insurance Company Security National Insurance Company 36865078 1 17/18 GL AU UMB WC IME/LHR 1 Nina Lautenschlager 1 7/26/2017 12:23:47 PM (PDT) 1 Page 10 of 10