Contract - GCI Construction - 2012-03-22 CONTRACT
THIS AGREEMENT is made and entered into this 22nd day of March, 2012 , by and
between the COSTA MESA SANITARY DISTRICT hereinafter referred to as 'DISTRICT' and,
GCI Const.union, Inc a California Corporation, 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:
1 Scope of the Work. That CONTRACTOR shall perform all the work and shall
provide and furnish all the labor materials, necessary tools expendable equipment, and all utility
and transportation services required to construct:
PROJECT#171 IRVINE FORCE MAIN REHABILITATION
2. 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 Specifications for
PROJECT#171 IRVINE FORCE MAIN REHABILITATION,and CONTRACTOR
agrees to do everything required by this Contract and the Contract Documents including the plans
and specifications and any general conditions.
All labor materials, tools, equipment and services shall be furnished on work performed, and
under the direction, administration and subject to the approval of DISTRICT or its authorized
representatives.
CONTRACTOR warrants that it will not purchase mined construction material for this
PROJECT 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.consry ca.gov/OMR/ab_3098_list/current_list.
3. Time of Completion. CONTRACTOR agrees to commence the work to be performed
under this Contract within five (5) days of receipt of the 'Notice to Proceed' and to diligently
prosecute the work to completion before the expiration of SIXTY(60) WORKING DAYS from the
date of commencement. 'Working days means all calendar days except Saturdays, Sundays and
legal holidays.
4 Time of the Essence. Time is of the essence of this Contract.
5, Liquidated Damages/Delay 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 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 and it is therefore
agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and
00/100 Dollars ($250.001 per calendar day for each and every day of delay in finishing the work in
excess of the number of days prescribed in paragraph 3 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
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 for the completion of the work 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, provided CONTRACTOR submits timely notification
and a written Request for Change Order as required herein.
The CONTRACTOR shall within ten (10) days from the beginning of any such delay(unless
the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract)
notify the District Engineer in writing of the cause of the delay and the District Engineer shall extend
the time for completing the work if in the District Engineer's judgment the cause so merits. The
District Engineer's determination on this matter shall be final and conclusive on the parties hereto.
CONTRACTOR shall also be required to submit a written Request for Change Order to District
Engineer within fifteen (15)days of the date of such delay No adjustment shall be allowed for such
delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy
shall be limited to the extra days granted and to any damages that he may be entitled to using the
formula agreed to by the parties for all damages as provided in Paragraph 28.
6. The 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 two hundred ninety three thousand
five hundred dollars ($293,500.001.
7 Progress Payments. Prior to the 25th day of the month next following the
commencement of the work, there shall be paid to CONTRACTOR a sum equal to 95 percent of the
value of the work completed since the commencement of the work as determined by the District
Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses.
CONTRACTOR shall be paid such sum as will bring the payments up each month to 95 percent of
the value of the work completed since the commencement of the work as determined by the District
Engineer less all previous payments, provided that CONTRACTOR submits his request for payment
prior to the 25`" day of each preceding month. DISTRICT shall make the final payment, if
unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the work and
the filing of a Notice of Completion. Payments shall be made on demands drawn in the manner
required by law accompanied by a certificate signed by the District Engineer stating that the work
for which payment is demanded has been performed in accordance with the terms of the Contract,
and that the amount stated in the certificate is due under the terms of the Contract. Partial
payments on the Contract price shall not be considered as an acceptance of any part of the work.
8. 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
9. Retention Securities. Pursuant to California 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 Contract
10. Specifications. The Standard Specifications for Public Works Construction, also
known as the Greenbook, latest edition, shall be controlling unless a different specification is called
out in the Contact Documents, including the Costa Mesa Sanitary District's Standard Plans and
Specifications for the Construction of Sanitary Sewers and the PROJECT#171 IRVINE FORCE
MAIN REHABILITATION.
11 Change Orders. Change order requests shall be submitted to the District Engineer in
writing who shall have discretion to determine the merit of the change order request The District
Engineer may approve or disapprove change orders in his discretion except that any change order
resulting in an increase of the Contract price shall be co-signed by the District Manager and/or
approved by the Board of Directors No amendments, modifications,orwaivers of Contract terms or
the Contract Documents, including additional compensation for extra work,will be allowed absent a
written Change Order signed by both parties.
12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of
per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in
which the work is to be performed for each craft or type of work needed to execute this Contract,
and the same has been placed on file with the District Clerk at the District's pnncipal office Said per
diem wages can be obtained on the Internet at http.//www dir ca.gov/dlsr/DPreWageDetermination
htm. 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 sections 1773 1 and
1773 8 of the Labor Code of the State of California.
13. Discrimination, Minorities, Aliens. The CONTRACTOR shall not unlawfully
discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate
against any employee or applicant for employment on the basis of race, religious creed, national
origin or sex.
14 Compliance with Davis-Bacon Act. This provision does not apply to this Contract.
15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of
California regarding the preparation, maintenance and filing of payroll records are applicable to this
Contract Specifically each CONTRACTOR and subcontractor shall keep an accurate payroll
record, 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 or worker employed by him in connection with the public work. THE
CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO
THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL
BE RESPONSIBLE FOR SUBMITTAL OF SUB-CONTRACTOR'S PAYROLL RECORDS
16. Penalty CONTRACTOR shall, as a penalty to the DISTRICT forfeit up to$50.00 for
each calendar day or portion thereof for each workman paid (either by him or any subcontractor
under him) less than the prevailing rate set forth herein on the work provided for in this Contract, all
in accordance with section 1775 of the Labor Code of the State of California.
17 Apprentices. If applicable the provisions of Labor Code Section 1777.5 requiring
the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR.
18. Legal Day's Work. In the performance of this Contract, 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 unless the CONTRACTOR complies will all applicable Labor
laws CONTRACTOR shall conform to Article 3 Chapter 1 Part 7 (section 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 S25 00 for each workman employed in the execution of this
Contract by the CONTRACTOR or any subcontractor for each calendar day during which any
workman is required or permitted to labor more than eight (8) hours in any one calendar day and _ _
forty (40) hours in any one week in violation or said article
19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions
of the 'Subletting and Subcontracting Fair Practices Act' (Public Contract Code Section 4100 et
seq.) and that he agrees to comply with all applicable provisions thereof If any part of the work to
be done under this Contract 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 Contract. Upon
request, certified copies of any or all subcontracts shall be furnished to the District Engineer or
DISTRICT The subcontracting of any or all of the work to be done will in no way relieve the
CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above
provisions will be considered a violation of the Contract, and the DISTRICT may cancel the
Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract
involved, or cancel the Contract and assess the penalty
All persons engaged in the work, including subcontractors,will be considered employees of
the CONTRACTOR. He will be held responsible for their work. The DISTRICTwill deal directly with
and make all payments to the CONTRACTOR
20. Workers' Compensation. 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 Contract, 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 Contract.
21 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 prohibited in the workplace and
specifying the action it will take against employees for violation of such prohibition;
(b) Establish 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;
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
Contract be given a copy of the statement required by paragraph (a);
(d) Notifying employees in the statement required by paragraph (a) that as a condition of
employment under the Contract 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) Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under
subparagraph (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 subparagraph (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 1973 as
amended; or
2. Requiring such employee to participate satisfactonly 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 paragraphs (a), (b), (c) (d), (e) and (f).
22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds
approved by DISTRICT one in the amount of one hundred percent(100%) of the Contract price,to
guarantee the faithful performance of the work, and the other in the amount of one hundred percent
(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished.
This Contract shall not become effective until such bonds are supplied to and approved by
DISTRICT 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 995.660
23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen
and persons employed, all firms supplying materials, and all subcontractors upon the project have
been paid in full, and that there are no claims outstanding against the project for either labor or
material, except certain items, if any to be set forth in an affidavit covering disputed claims, or items
in connection with a Notice to Withhold,which have been filed under the provisions of the statutes of
the State of California.
24 CONTRACTOR'S Waiver CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims. 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 Contract unless otherwise stated in said document.
25. Notice to Proceed. No work, services material or equipment shall be performed or
furnished under this Contract unless and until a 'Notice to Proceed' has been given to the
CONTRACTOR by the District Engineer and all bonds and certificates of insurance required
pursuant hereto have been furnished to and approved by DISTRICT
26. Termination.
A. If CONTRACTOR should fail to comply with any of the provisions hereof, or 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 Contract 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 to comply with any provision of this Contract,
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) days 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 that may be 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 Contract in whole or in
part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to
deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and
costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all
expenditures made and costs incurred with DISTRICTS prior written approval in settling or
discharging outstanding commitments entered into by CONTRACTOR in performing under this
Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder an
amount equal to the profit on the entire Contract 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 Contract price less payments previously made and less the
Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR
shall, unless the notice otherwise directs, (Q immediately discontinue the work and the placing of all
orders and subcontracts in connection with this Contract, (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 Contract.
27 CONTRACTOR'S Independent Investigation. 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 Contract, 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 Engineer and/or DISTRICT for purposes of letting this Contract 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 the Contract Documents. Nor will such reasons be accepted as a basis for
any claims whatsoever for extra compensation or for an extension of time.
28. 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 damage formula shall be used to measure alt of CONTRACTOR's damages
or extra work required by this job CONTRACTOR shall be limited to the following:
Direct costs Mark-uo
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5000)
Subcontracted work 5% (work in excess of first $5000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three
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 paragraph.
CONT s,(�
Initials ��
29. Other Documents Included. It is further agreed by the parties hereto that the
following documents are incorporated into this Contract by reference and are to be read and
construed together as the full, complete and integrated terms of this Contract:
A. Notice Inviting Bids
B Supplementary Bid Addenda or Bulletins, if applicable
C Proposal Packet
D Standard Specifications for Public Works Construction 'Greenbook, latest
edition
E. Costa Mesa Sanitary District Standard Plans and Specifications for the
Construction of Sanitary Sewers
F Construction Plans and Specifications for Project #171 Irvine Force Main
Rehabilitation
G Standard Drawings (Costa Mesa Sanitary District Drawings and City of Costa
Mesa Drawings)
H. Soils Report
City of Costa Mesa Encroachment Permit
J Faithful Performance Bond
K. Payment Bond
L. Approved Change Orders if applicable
M. Contractor's Affidavit
N. Final Closeout Agreement and Release of All Claims
The documents listed in this Paragraph, including this Contract, shall be known and referred
to collectively as the 'Contract Documents.
30. Interpretation. In the event of any conflict, inconsistency or incongruity between the
provisions of this Contract and the provisions of any of the Contract Document(s) referenced in
Paragraph 29 hereof or amendments thereto the provisions of this Contract shall control in all
respects.
31 Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret
the terms of this agreement,the prevailing party shall be entitled to reasonable attorney's fees,costs
and necessary disbursements in addition to any other relief to which he may be entitled. If any
action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or
Notice to Withhold,which names the DISTRICT as a party to said action, DISTRICT shall be entitled
to reasonable attorney's fees, costs and necessary disbursements.
32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a
sum equal to the expenses of administration and legal services required to be expended by
DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of
a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to
offset any such costs and expenses incurred by DISTRICT against any sums owing to
CONTRACTOR.
33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the
requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these
requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR
agrees to amend, supplement or endorse the existing coverage to do so The following coverages
will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance
with the requirements set forth herein.
Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-
CGL form No. CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits
shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million
dollars general aggregate. DISTRICT and its employees and agents shall be added as additional
insured using ISO additional insured endorsement form CG 20 10 with an edition date prior to 1992
or equivalent, as determined by District Counsel Coverage shall apply on a primary non-contributing
basis in relation to any other insurance or self-insurance primary or excess, available to DISTRICT
or any employee or agent of DISTRICT Coverage shall not be limited to the vicarious liability or
supervisory role of any additional insured. Umbrella Liability Insurance(over primary)shall apply to
bodily injury/property damage, personal injury/advertising injury at a minimum, and shall include a
drop down' provision providing primary coverage above a maximum $25 000 00 self-insured
retention for liability not covered by primary policies but covered by the umbrella policy Coverage
shall be on the following form to any underlying coverage Coverage shall be provided on a 'pay on
behalf' basis,with defense costs payable in addition to policy limits There shall be no cross liability
exclusion. Policies shall have concurrent starting and ending dates. District Counsel shall have the
authority to make determinations on the acceptability of forms of insurance coverage. A
determination that the form of coverage is not acceptable shall cause the award to go to the next
lowest responsible bidder
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business
Auto Coverage form CA00 01 06 92 including symbol 1 (Any Auto) or equivalent, as determined by
District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and
ending dates shall be concurrent If CONTRACTOR owns no autos, a non-owned auto
endorsement to the General Liability policy described above is acceptable
Workers Compensation/Employers' Liability shall be written on a policy form providing workers
compensation statutory benefits as required by law Employers liability limits shall be no less than
one (1) million dollars per accident or disease Employers liability coverage shall be scheduled
under any umbrella policy described above Unless otherwise agreed, this policy shall be endorsed
to waive any right of subrogation as respects the DISTRICT its employees or agents.
CONTRACTOR and DISTRICT further agree as follows'
1 This Section supersedes all other sections and provisions of this Contract to the extent that
any other section or provision conflicts with or impairs the provisions of this Section.
2. Nothing contained in this Section is to be construed as affecting or altering the legal status
of the parties to this Contract. The insurance requirements set forth in this Section are
intended to be separate and distinct from any other provision in this Contract and shall be
interpreted as such.
3 All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in this Contract or
any other agreement relating to the DISTRICT or its operations limits the application of such
insurance coverage.
4 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 and is not intended by any party to be all inclusive,
or to the exclusion of other coverage or a waiver of any type.
5 For purposes of insurance coverage only this Contract will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards performance of this Contract.
6 All general or auto liability insurance coverage provided pursuant to this Contract, or any
other agreements pertaining to the performance of this Contract, shall not prohibit
CONTRACTOR, and CONTRACTOR'S employees, or agents from waiving the right of
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against
DISTRICT
7 Unless otherwise approved by DISTRICT CONTRACTOR'S insurance shall be written by
insurers authorized to do business in the State of California and with a minimum 'Best's
Insurance Guide rating of A:VII' Self-insurance will not be considered to comply with these
insurance specifications.
8 In the event any policy of insurance required under this Contract 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 CONTRACTOR will promptly reimburse any
premium paid by DISTRICT
9 CONTRACTOR agrees to provide notarized evidence of the insurance required herein,
satisfactory to DISTRICT consisting of certificate(s) of insurance evidencing all of the
coverages required and an additional insured endorsement to CONTRACTOR'S general
liability and umbrella liability policies(if any)using ISO form CG 20 10 with an edition prior to
1992 or equivalent, as determined by the Distnct Counsel. Certificate(s) are to reflect that
the insurer will provide 30 days notice of any cancellation of coverage CONTRACTOR
agrees to require its insurer to modify such certificates of any cancellation of coverage.
CONTRACTOR agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word endeavor' with regard to any notice
provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT
upon request.
10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during
the term of this Contract have been renewed or replaced with other policies providing at
least the same coverage. Such proof will be furnished within 72 hours of the expiration of
the coverages
11 Any actual or alleged failure on the part of DISTRICT or any other additional insured under
these requirements to obtain proof of insurance required under this Contract in no way
waives any right or remedy of DISTRICT or any additional insured, in this or any other
regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired for this project to
provide general liability insurance naming as additional insured all parties to this Contract.
CONTRACTOR agrees to obtain certificates evidencing such coverage and make
reasonable efforts to ensure that such coverage is provided as required here.
CONTRACTOR agrees to require that no contract used by any subcontractor or contracts
CONTRACTOR enters into on behalf of DISTRICT will reserve the right to charge back to
DISTRICT the cost of insurance required by this Contract. CONTRACTOR agrees that
upon request, all agreements with subcontractors or others with whom CONTRACTOR
contracts with on behalf of DISTRICT will be submitted to DISTRICT for review Failure of
DISTRICT to request copies of such agreement will not impose any liability on DISTRICT or
its employees.
13 If CONTRACTOR is a Limited Liability Company general liability coverage must be
amended so that the Limited Liability Company and its managers, affiliates, employees,
agents, and other persons necessary or incidental to its operation are insured.
14 CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss
against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes
no obligation or liability by such notice but has the right (but not the duty) to monitor.the
handling of any such claim or claims if they are likely to involve DISTRICT
34 Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to
the fullest extent permitted by law be fully protected from any loss, injury damage, claim, lawsuit,
cost, expense attorneys fees, litigation costs, defense costs, court costs or any other cost arising
out of or in any way related to the performance of this Contract. Accordingly the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to the DISTRICT except for liability attributable to the DISTRICT'S
active negligence CONTRACTOR acknowledges that DISTRICT would not enter into this Contract
in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set
forth here.
To the fullest extent permitted by law and excepting only the active negligence of DISTRICT
established by a court of competent jurisdiction or written agreement between the parties,
CONTRACTOR shall defend, indemnify and hold harmless DISTRICT its employees, agents and
officials from any liability claims, suits, actions arbitration proceedings, administrative proceedings,
regulatory proceedings losses, expenses or costs of any kind, whether actual, alleged or
threatened, actual attorney fees incurred by DISTRICT court costs, interest,defense costs including
expert witness fees and any other costs or expenses of any kind whatsoever without restriction or
limitation incurred in relation to as a consequence of or arising out of or in any way attributable
actually allegedly or impliedly in whole or in part to the performance of this Contract. All obligations
under this provision are to be paid by CONTRACTOR as incurred by DISTRICT
Without affecting the rights of DISTRICT under any provision of this Contract or this Section,
CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above
for liability attributable to the active negligence of DISTRICT provided such active negligence is
determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the DISTRICT is shown to have been actively
negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances
where DISTRICT'S active negligence accounts for only a percentage of the liability involved. In
those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not
attributable to the active negligence of DISTRICT as determined by written agreement between the
parties or the findings of a court of competent jurisdiction.
The obligations of CONTRACTOR under this or any other provision of this Contract will not be
limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly
waives its statutory immunity under such statutes or laws as to DISTRICT its employees and
officials.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those
set forth in this section from each and every subcontractor sub-tier contractor or any other person or
entity involved by for with, or on behalf of CONTRACTOR in the performance of the subject matter
of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from others
as required here CONTRACTOR agrees to be fully responsible according to the terms of this
section.
Failure of DISTRICT to monitor compliance with these requirements imposes no additional
obligations on DISTRICT and will in no way act as a waiver of any rights hereunder This obligation
to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or
heirs of CONTRACTOR and shall survive the termination of this Contract or this section.
35. Permits. The CONTRACTOR shall obtain from DISTRICT City County State
Federal or other responsible public agencies all licenses and permits, and pay all fees related
thereto necessary to complete the job.
36. Assignment. No assignment by the CONTRACTOR of this Contract 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
37 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.
38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating
facilities pursuant to California Government Code Section 4215
39. Trenching If this Contract involves digging trenches or other excavations that
extend deeper than four feet below the surface CONTRACTOR shall promptly and before the
following conditions are disturbed, notify the District Engineer 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 Contract.
(d) The District Engineer shall promptly investigate the conditions, and if he 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
Contract.
(e) In the event that a dispute arises between District Engineerand the CONTRACTOR 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 for by
the Contract, but shall proceed with all work to be performed under the Contract The
CONTRACTOR shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting parties.
40. Notices. The parties hereto agree that all formal notices required by this Contract
may be provided to the following persons at the following addresses by sending the same by
certified or registered mail as follows:
DISTRICT District Engineer
Costa Mesa Sanitary District
628 W 19th Street
Costa Mesa, California 92627-2716
CONTRACTOR:
GC' Construction, Inc
245 Fisher Ave Suite B3
Costa Mesa, CA 92626
41 Effect of Invalidity The invalidity in whole or in part of any provisions hereof shall
not affect the validity of any other provision
42. 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 Contract or securing favorable treatment with
respect thereto
43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage
relationship and that he is not in any way associated with any architect, engineer or other preparer
of the plans and specifications for this project.
44 Copeland Anti-Kickback' Act. If applicable to this Contract, CONTRACTOR and
its subcontractors shall comply with the provisions of the Copeland Anti-Kickback' Act (18 USC
Section 874), as supplemented in Department of Labor regulations, which Act provides that each
Contractor shall be prohibited from requiring, 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.
45. Final Closeout Agreement and Release of All Claims Prior to filing the Notice of
Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout
Agreement and Release of All Claims.
46. Guarantees CONTRACTOR shall and hereby does guarantee all work for a period
of one (1) year after the date of filing of the Notice of Completion 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 the filing of the
Notice of Completion, 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 to
proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who
shall pay the cost and charges therefore immediately on demand.
47 Job Progress. CONTRACTOR agrees to maintain a critical path analysis
throughout the project. CONTRACTOR agrees to meet with the District Engineer on a weekly or
other periodic basis, or as requested by the District Engineer to review job progress.
CONTRACTOR agrees to provide District Engineer 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
48. Resolution of Claims For all claims that are less than Three Hundred and Seventy
Five Thousand Dollars ($375 000 00), the provisions of Public Contracts Code Section 20104 et
seq. (Article 1 5 — Resolution of Construction Claims) shall be followed.
49 Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR
upon receipt of any third-party claim related to the Contract.
IN WITNESS WHEREOF the parties hereto have entered into this agreement the date and year
first above written.
ATTEST COSTA MESA SANITARY DISTRICT
—
/
ja-if I e20--Z...
Mike Scheaf: Robert Ooten
Secretary of the Board of Dir President of the Board of Directors
APPROVED AS TO FORM:
CONTRACTOR
Name. GCI Construction, Inc.
Colin R. Burns
Associate District Counsel Address: 245 Fischer Avenue, Ste. B3
Costa Mesa, CA 92626
-� r�
APPROVED AS TO CONTENT By' V
oyd :ennett Secretary Treasurer
ir
Robi B Hamers
District Engineer
STATE OF CALIFORNIA) ss (INDIVIDUAL)/(CORPORATION)
COUNTY OF )
On a r �(�- , 2011, before me the unI�ersigned, a Notary Public in and for said
state, ersonallyappeared F�OIJCI 6QI�t'U who proved to me on the
basis of satisfactory evidence to be the person(* whose name(* is/ate subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/tier/their authorized
capacity(is3), and that by his/her/their signatures*on the instrument the person(*, or the entity on
behalf of which the person(*'acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. �+t
WITNESS my hand an• official seal. ] JANET L. RUSSELL
I /f Commission# 1872135 Z
i ' n. Aiii' z 3i . Notary Pubgec California n
L( % a
z`�� Orange
' ( otary Public) 3 _ _ My Comm.Expires 0 ec 21_2013
r
FAITHFUL PERFORMANCE BOND
PAGE 1 EXECUTED IN TRIPLICATE
Bond No. 0474324
PREMIUM. $4 226 00
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS the COSTA MESA SANITARY DISTRICT a municipal corporation and
sanitary district, by minute order of the Board of Directors,adopted on March 22, 2012, has awarded
to
CONTRACTOR
GCI Construction, Inc.
245 Fisher Ave Suite B3 Costa Mesa, CA 92626
hereinafter designated as the 'Principal' Contract No CMSD #171 for the work described as
follows: PROJECT #171 IRVINE FORCE MAIN REHABILITATION
Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated
herein by reference
WHEREAS the said Principal is required under the terms of said Contract to furnish a bond
for the faithful performance of said Contract, including a one year guarantee of the work performed.
NOW THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
International Fidelity Insurance Company
One Newark Center, 20th Floor, Newark, New Jersey 07102 5207, (973) 624-7200
(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 two hundred ninety
three thousand five hundred dollars ($293,500.00), said sum being not less than one hundred
(100%) percent of the Contract price for the payment of which sum well and truly to be made, we
bind ourselves, our heirs,executors, administrators,and successors,jointly and severally firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal, his
or 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 Contract 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 offices and agents, as therein stipulated, then this obligation shall become null
and void, otherwise it shall be and remain in full force and virtue. This obligation covers a one year
guarantee on work performed after said work has been completed. The one year period shall
commence on the date the Notice of Completion has been recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and
reasonable attorneys fees as fixed by the court.
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No. 0474324
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 Contract Documents or to the work to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the work.
IN WITNESS WHEREOF we have hereunto set our hands and seals this 1st
day of MARCH , 2012.
GCI CONSTRUCTION INC
Contractor Name
245 F1SCHER AVENUE, B3
Street Address
COSTA MESA, CA 92626
City, State, Zip Code
PRINCIPAL
_ I
By ��/:e: �' � ��
Company -epresentative F-�O �Git1�� aS
In accordance with the Contract for PROJECT #171 IRVINE FORCE MAIN REHABILITATION
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 995.660
By signing below Surety certifies that the bonds are issued by an admitted surety
INTERNATIONAL FIDELITY INSURANCE COMPANY
Name
ONE NEWARK CENTER 20TH FLOOR,
Street Address
NEWARK NEW JERSEY 07102
City, State,Zip Code
SURETY
By. � •�•A
Company Repr-sentative MI W EL D STON , ATTORNEY-IN-FACT
APPROVED AS TO FORM:
Colin R. Burns, Associate District Counsel
Costa Mesa Sanitary District
By/s/ ��
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
GCF<'4'r'ce-ce--cy'4•4fe- tiC4r-G'r' ct--G.A.c.cGoce.-.-:cce' -cr'tccca',-(^4-'-G",..-;cktti.M4<'.CC.CcG'c'-G<'..c,--cf•G'a'cact.L'C-Cr'-GC
State of California
Cou of Orange
On rch5 X D- before me, Janet L. Russell Notary Public
Da Hera Insert Name and Tale of the Outer
personally appeared Floyd Bennett
Name(s)of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(X) whose name(X) is/Xte subscribed to the
within instrument and acknowledged to me that
he, XX/t}S1(executed the same in his/KMFt'r authorized
capacityQOS), and that by his/XXXt=signature% on the
JANET L. RUSSELL instrument the person%, or the entity upon behalf of
Commission # 1872135 which the person% acted, executed the instrument.It Notary Public California Orange County '_ I certify under PENALTY' OF PERJURY under the laws
My Comm.Expires Dec 21,2013 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h nd and official seal Signal,. of Pin allolflry Seel Abs Signature C 'NO ry PUbll M
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General ❑Partner—CI Limited ❑ General
RIGHTTHI1MBPRINT R.A:OFSUMBPRI
❑ Attorney in Fact of SIGNER ❑Attorney in Fact OFS GNEFi' -:
❑ Trustee
Top of thumb here ❑Trustee Top of thumb he
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other ❑Other
Signer Is Representing: Signer Is Representing:
02007 wo-c“.X-C,�c. c9350D Solo vu.P-4., -< c4. , ,,,)(91313-2402 w ,iio ain4olsn org--cen.#507-e.x-c;rdercaa--Fms1.8 x-4.,-(x.t
02007 Nalio,wl Notary Assotlall) •9350 De Sotto Ave.,P.0.Box 2402•Chatsworth,CA 91313-2402 Am Nadu alNalarymg Rem#5907 Reciter Call ToaFrea1E00-8]6.6821
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On34� !.C*-‘ before me, R. NAPPI !NOTARY PUBLIC"
(Here- en name and title of the officer)
personally appeared MICHAEL D STONG
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/shekbey executed the same in his/her/The%authorized
capacity4ies}, and that by his/herltheir signature(s'jon the instrument the person,(¢% or the entity upon behalf of
which the personceracted,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.
ttr• R NAPPI
WITNESS my hand and official seal. AMR& COMM.#1796916 A
N.n
¢r .. NOTAR llEigC enFORNIA
i " NERSIDEsJune7
y My Comm.Ezpves June? 2012
Signature of Notary Public (Notary Seal)
m
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknou'ledgn nt ompleted California must ntau rbrage all as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above it th notary sect( separate acknmrkdgnient form st be
properly completed and attached to that document. Tb dr 'caption if
document is to be rded outside of Califon: In rich stances.any altenton
(Title or desc ipti of attached document) cknawledgnent verbiage as be pr nted on such a don meet so long as the
rbrage does not requ re the notary to do eating that ra illegal for a notary
Cal forma(I.e. cert f rig th ulhortced capacity of the ign r).Pie check the
(Title or description of attached document continued)
data lent efullvforproper otarial wording and attach this form if required.
Number of Pages Document Date State and County information must be the State and County wile the document
8 signer(s)personally appeared before the notary public for acknowledgment
Date of notarization must be the date that the signer(s)personally appeared vhah
must also be the same date the acknowledgment is completed.
(Additional information) The notary publi must print his or her name as it appears within his or he
ommrssion folio ed by omma nd then your title(notary public).
Print the name(s) of document signers) who persorially appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER Indicate the orrect smngula or plu al forms by crossing off incorrect forms(i.e.
❑ Individual(s) he/shdUw� s/are) cling the erect forms Failure to orectly indicate this
nfonnation may lead to ejection of do ument recording.
❑ Corporate Officer The notary seal impression must be clear and photographically reproducible
Impression must of coy text or lines. If seal impression smudge seal if a
(Title) sum nt area permits,otherwise complete a different ackn vledgment form.
❑ Partner(s) Signatur of the notary public must match the ignatu file vith the oni of
the county clerk,
❑ Attorney-in-Fact Additional nfomrauon is not required but could help to emu this
❑ Trustee(s) acknowledgment is not misused or attached to a diffe nt document.
❑ Other Indicmc title or type of attached document,number of pages and date.
Indi ate the apa itv claimed by the signer If the claimed capacity is a
corporate officer,indicate the title(i CEO,CFO,Sc rotary)
Securely attach this document to the signed document
2008 Versi CAPA v12.10.07 800-873-9865 war.NotaryClasses corn
PAYMENT BOND EXECUTED IN TRIPLICATE
PAGE 1 PREMIUM INCLUDED IN PERFORMANCE BOND
Bond No. 0474324
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 and
sanitary district, by minute order of the Board of Directors,adopted on March 22, 2012,has awarded
to
CONTRACTOR
GCI Construction, Inc.
245 Fisher Ave. Suite B3 Costa Mesa, CA 92626
hereinafter designated as the 'Principal' Contract No CMSD PROJECT NO 171 for the work
described as follows: PROJECT #171 IRVINE FORCE MAIN REHABILITATION Said
Contract and all of its obligations, covenants, terms and conditions are fully incorporated herein by
reference.
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
One Newark Center, 201h Floor, Newark, New Jersey 07102 5207, (973) 624-7200
(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: two hundred ninety
three thousand five hundred dollars ($293,500.00), said sum being not less than 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 3181 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 Franchise Tax Board from the wages of
employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue
and Taxation 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 3181 so as to give a
right of action to them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE 2
Bond No. 0474324
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 1st
day of MARCH 2012.
GCI CONSTRUCTION INC
Contractor Name
245 FISCHER AVENUE B3
Street Address
COSTA MESA, CA 92626
City State,Zip Code
PRINCIPAL
��
By rat al.
Company se-presentative <kx�C1Er--aXet'
In accordance with the Contract for PROJECT #171 IRVINE FORCE MAIN
REHABILITATION 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
995.660
By signing below Surety certifies that the bonds are issued by an admitted surety
INTERNATIONAL FIDELITY INSURANCE COMPANY
Name
ONE NEWARK CENTER 20TH FLOOR
Street Address
NEWARK NEW JERSEY 07102
City, State,Zip Code
SURETY 40
•
Conipany'Rep sentative MIC 4 D STONG AT T.' EY-IN-FACT
APPROVED AS TO FORM:
Colin R. Burns, Associate District Counsel
Costa Mesa Sanitary
By/s/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:y- rr- - -- pre —et,-cr , ccrrr,--/- - m,,--c',r-r.--rr —r -rcrmcrm r. _.r'.rrcr,c
State of California
Coun of
�nh�Orange
On li. 5 avo- before me, Janet L. Russell Notary Public
Da' Hero Inert Name and rile of the()Use
personally appeared Floyd Bennett
Nameis)of Signers)
who proved to me on the basis of satisfactory evidence to
be the person(14) whose name( is/X subscribed to the
within instrument and acknowledged to me that
heMX410 executed the same in his/t 4'/fOii'authorized
JANET L. RUSSELL capacity^), and that by his/1(X tXsignature( on the
• Commission # 1872135 instrument The person()d), or the entity upon behalf of
.47t m Notary Public California i which the person() acted, executed the instrument.
�' Orange County >
z My Comm.Expires Dec 21,2013 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my and and official seal
_/ /r���/JJJ/y/,yt/.
4/ //i
Pla Notary Seel Abe SignaturCI, •_ 'Signetu of Nola, Public
OPTIONAL 1\
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): U Corporate Officer—Title(s):
❑ Partner—0 Limited ❑General ❑ Partner—0 Limited ❑ General
RIGHTTNUMBPRI •I • ' t:•-I t
❑ Attorney in Fact OFSIGNER.-: ❑Attorney in Fact - -OF SIGNER
❑ Trustee Top of thumb her 0 Trustee Top of thumb her
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other. ❑Other
Signer Is Representing: Signer Is Representing:
Li...t.w4onal Notary ello 9!350DeArm,P-c--w'u.'uwm-conch CA91313--c.+-<uwm,x,<.' v,-4,w=-c-mica. t-<r-cx-c.u.+.e,' oLvc-,82
®2007 National Notary Asscdaea •9350 De Soto Awl,PC Rm,2402•Ct6tsorih,CA 91313-2402•mw+Na a:Natarymg Item 45907 Raeder CatTo4Ftee1E00-0766827
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On /— 3'�D— before me. R. NAPPI 'NOTARY PUBLIC'
(Here- en name nd title of the officer)
personally appeared MICHAEL D STONG
who proved to me an the basis of satisfactory evidence to be the person.(af whose name(4'is/are-subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/Fief/feteir authorized
capacity(ies), and that by his/herlthcir signaturefr on the instrument the person,(a'J, or the entity upon behalf of
which the personj4 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. _
R. NAPPI
d ! `Ifin°''z,
WITNESS my hand and official seal. ��,fj;_;1 COMM.#1796916
y ¢I � NOTARYPUBLIC-CALIFORNIA
/J�� ¢ i omm.EIDECOUNTY
//(/ ,z;-�-! My Comm.Expires June 7,2012
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment omplered in California mast comas, rbiage exactly
DESCRIPTION OF THE ATTACHED DOCUMENT Lippe above it the notary section or a separate acknowledgment form st be
proper!), completed nd attached to that document. The only exception is if a
do it to be rded outside of Califomt In cb instances nv altenran
(MIL rde ipti of attached document) acknowledgment verbiage as be pr nted on such document so long as dt
rbage does not requ die notary to do eking that illegal for ratan'
California (0.e. cernfrrng the authorised capacity of th tgn r). Please check the
(Title or description of attached document continued) documeit efutiv for prope notarial lording and attach this form if required.
Slate and County information must be the State and County wise the document
Number of Pages Document Date sign r(s)personally appeared before the notary publi for acknowledgment.
Date of notarization must he the date that the signers)personally appeared which
must also be the same dale the ckno vledgment is ompleted.
(Additional information) The otary publi must pr nt his or her name as it appears within his or he
ommissi folio ed by omma nd then you title(notary public).
Print the name(s) of do ument signer(s) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER indicate the correct singular plumd forms by crossing off incorrect forms(i.e.
he/shddter s/are)o tiding the orrect forms Failu to orectly indicate thi
❑ Individual(S) information may lead to rejecti of document recording
❑ Corporate Officer The notary seal impression must be clea and photographically reproducible
Impression must not ern text or lines. If seal impress smudge al if
(Title) of nt a perlts,otherwise complete different ckn vledgment for.
❑ Partner(s) Signatu of the notary public must etch the signatu on file with the office of
the county clerk.
❑ Attorney-in-Fact Additional Information is al equired but could help to nsur this
❑ Trustee(s) acknowledgment is not mr cd or attached to diffe tit document.
❑ Other Indi ate title or type of attached document,number of pages and date.
Indicate the apa ay claimed by the signer If the claimed capacity is a
arporate officer,indicate lb title(i. CEO,CFO,Secretary).
Securely attach this document to the signed document
2008 Version CAPA v12.10.01 800-873-9B65 tvw.NotaryClasses corn
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4 1 w$KNO\Y AI:I:MEN BY�,TIIESE;PRESENTS: That INTERNATIONAL FIDELITY:INSURANCE'COMPANY core ran r ,rganiied and existingr t;
= lax of tie"Stateof New Jersey4aiidha rug its pet icipal oftir iii the,City of Ne vark,Net Jcises'rdoechere}' institutesand appoint dl LtY
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c' MICHAEL'D ,STONG, JEREMY:PENDERGAST ak- =`"` *`
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dslrn and lawful atto nevlsl-in-fact it execute, seal and'delner for and n its behalf as surety any and all be ids ind undeitaki cgs mtracis df.nde try and
other vetting ihligatory the nature th if, vhich'are ay be alto ved. required of per flitted by law stature, rule, regulation.contract or otherwise,and
S the'enecution of such nstrument(s) in pursuance bftthese presents, shall he as hindm€ ip in the said INTERNATIONAL FIDELITY INSURANCE
COMPANY as fully and-amply to all intents and pt rpi ses as if the ante had been dulyexecuted"ati ackix xlcdged by its regularly elected 'Ricers at its
d -principal office.
This Po ver of Attorney is executed,and may he revoked. pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board if
Directors if INTERNATIONAL FIDELITY INSURANCE COMPANY at a n eeting called andheld in the 7th(lay if February 1974
The President or any V President. Exec toe t,Secretary Assistant Secretary shall have power and authority
I D 1' apps nt Attorneys-in-fact. nd n authorize them n execute on behalf of the Company and attach the Seal of the Company thereto bonds and
undertaking contracts of indemt ity nd other icings ihlt'atory- the ature the c if and,"
(2)T remos at ern time,any ch dturne -in-fact d it ike the auth ity
Further, this Power if Atte I ey sic d and sealed by tacsimile pursua it ti oluhon if the Board of Ducey is if said Company adopted at a meeting
duly ailed and held on the 29th day rf April, 1982 of rhich the folio' ing true ex erpt
Not therefore the gnatures of such officers and the seal it the Company ma} be affixed it any such power it attorney or any certificate relating therm by
facsimile,and any such power of attorney or certificate bear ng tch facsimile si tam fa imde cal shall he valid and hindm up the Comm ay and any
such p s xecuted id certified by fac tie matures and facsimile seal shall he eand and binding ipon the Company in ihe futur ith respect m ny
bond or undertaking to vh ch it is attached.
�E�IiY,/pf IN TES'T'IMONY WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
�\ �. p. (j signed and its corporate d ti be affi ed by it authorized iffieet thi 16th day if October A.D 2007
." Q(iZP@it�, `J� INTERNATIONAL FIDELITY INSURANCE COMPANY
o. ,9. SEAL Ik e2 -
1304 tt,5 STATE OF NEW JERSEY ,%��/��
le 'yi c3 * Caunn' ,f Es ex c i�C e/!'
,ER $ate
=,d�fy/�4,- Secretary
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On.tht 16th tray of October 2007 belt carne the id] 'dual vhc executed the preceding instrument. tt rte personally kno vn, and, being by me duly
Cora said the he is the therein described and authorized officer if the INTERNATIONAL FIDELITY INSURANCE COMPANY, that the seal affi cd,to
said 'nstiument is the C spot ire Seal if and C span that the said•Corporatc Seal and his signature vere duly atfixed'by order of the Board of Di etors of
Said Cr npany p
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-` 't- IN TESTIMONY WHEREOF I have'fermi it set my hand dlixed iy Offi cal Seal,
- p�OTq,p k. at the City,of Newark.Ness Jersey the(lay and year fi st ah vntten.
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` ( 5- �(',� PNEW � 't' i A NOTARY:PUBLIC.OF NEW JERSEY; ii g �•
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`i` it ax =�U1\ '" .if .i`vx, ,.`` �• CERTIFICATION`', t i� i1 W' >. ''-x tN.
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, k q- ej I Arlie ndenigned oftieeriof LNTERNATIONAL•FIDELITY INSURANCE COMPANY-di hereby certify that I have compared die foregoing ipy if the 11
- ,Power if,Allot e) end d'fidavit and e Sect' of the By Lawsit said Company as set torth• said Power of Attorney with;the ORIGINALS ON mss,
.(\ IN THEiHOME OF 1 ICE OF SAID CO_MPANY andithat thr._snme are rest transcripts there.it end of the whole of the said inbtnals and,that.the said'Power.3
„U`flit'tr-of(Atn ineylha. not beenrevoked`atidl •nuts fuli foFce andeffecty-'bY'�'` ,E faitti.l}n .s-!.-„lr —>!* • •� 4. .91t.,, ..L _•
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TQi -f 1htIN TESTIMONY WIi EREOF,\hl,ve beret se0my hand the 1, L ayiof;,_ h y_'i f trig ,t xG 4tv,.N it- ALAS 44-
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