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C-3045 - Balboa Boulevard at 21st Street Left Turn Lane
0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 October 20, 1995 Hillside Contractors, Inc. 10732 Chestnut Avenue Stanton, CA 90680 (714) 644 -3005 Subject: Surety: Ranger Insurance Company Bond No.: RIC 0211245 Contract No.: C -3045 Project: Balboa Boulevard at 21st Street Left Turn Lane The City Council of Newport Beach on September 11, 1995, accepted the works of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on September 26, 1995, Reference No. 19950419289. Sincerely, lea- Wanda E. Raggio J J City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach • 0 WHEN RRECORDEDURETURNBTO: Recorded in the County of Orange, r California IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII erk /RNoFee No -� �,�. 005 020440 07 , 2 Mg29950419289 11; 37am 09/26/95 City Clerk p� City 12 1 7.00 0.00 0.00 0.00 0.00 0.00 Newport Boulevard Beach Newp of Newport Beach, Ce A92663 "Exempt from recording fees pursuant to Government Code Section 6103" IT I(2 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillside Contractors, Inc., 10732 Chestnut Avenue, Stanton, CA 90680 as Contractor, entered into a Contract on June 19, 1995 Said Contract set forth certain improvements, as follows: Balboa Boulevard at 21st Street Left Turn Lane (C -3045) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on June 23, 1995 and was found to be acceptable on September 11, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Ranger Insurance Company, P.O. Box 2807, Houston, TX 77252 ,) n BY City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on //q% at Newport Beach, California. „._.. 10 OCi 1� ls�� ...� My(%rPE d1Y i A'EWPORi u'EA.Cli �'.� • L_J is 0 0 September 11, 1995 CITY COUNCIL AGENDA ITEM NO. /-?— TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF BALBOA BOULEVARD AT 21ST STREET LEFT TURN LANE (C -3045) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of a left turn lane at Balboa Boulevard and 21st Street has been completed to the satisfaction of the Public Works Department. The bid price was $49,430.00 The amount of unit items constructed 47,693.50 Amount of change orders 529.00 Total contract cost $48,222.50 One change order in the amount of $529.00 was issued to complete the project. This change order provided for the substitution of generator powered flashing arrow flashing board with a solar powered flashing arrow board sign during the construction period. For informational purposes, Staff wishes to apprise Council that the Contractor has filed a potential claim for additional compensation in the amount of $13,600. The potential claim arose from not having a bid item for excavation, backfill and concrete removal. Payment for said claim was covered in the Special Provisions as incidental work. Since there were no changed conditions in prosecuting the construction project, Staff believes that the potential claim is meritless, and the Contractor has been notified that his potential claim has been denied. However, he has the right to pursue payment on the claim as determined by arbitration or as fixed by in a court of law. 0 0 SUBJECT: ACCEPTANCE OF BALBOA BOULEVARD AT�21Sf STREET LEFT TURN LANE (C- 3045) September 11, 1995 Page 2 Funds for the project were budgeted in the Gas Tax fund (Traffic Signal Install /Upgrade), Account No. 7181- P301068A. The contractor is Hillside Contractors, Inc. of Stanton. The contract completion date was June 23, 1995. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By 111Pw ✓ /<1 Horst Hlawaty Acting Field Engineer • • / 4 • • 6 # CITY OF NEWPORT BEACH August 16, 1995 PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3311 Daniel Slayyeh Hillside Contractors, Inc. 10732 Chestnut Avenue Stanton, CA 90680 Subject: Balboa Boulevard at 21st Street, (C -3035) Dear Mr. Slayyeh: We are in receipt of your July 25, 1995 dated Notice of Potential Claim for removal of certain items in the amount of $13,600.00. As was stated in our June 2 and July 24, 1995 letters, no additional compensation will be allowed for your claim. In addition to our previously stated reasons for denying the requested extra compensation, the project could not have been constructed without the removal of concrete /dirt and proper backfill. Hence, there were no changed conditions which could result in disputed work. However, should you continue to disagree with the City's decision, you have the right to proceed to resolve the dispute as is provided in Section 3 -5 of the Standard Specifications. Section 3 -5 "Disputed Work" provides for compensation, if any, as determined by arbitration or as fixed by in a court of law. We regret that our response is not favorable toward your potential claim. Very truly yours, • Horst Hlawaty, P.E. Field Engineer cc: Public Works Director Deputy City Attorney Design Engineer 3300 Newport Boulevard, Newport Beach NOTICE OF POTENTIAL CLAIM DC -CEM -6201 (OLD HC -11 REV 6/93) TO Horst Hlawaty CoNrRAcrNUIv1BER 3045 DATE 7 -25 -95 (RESIDENT ENGINEER) This is a Notice of Potential Claim for additional compensation under the provisions of Section 9 -1.04 of the Standard Specificattte The act of the Engineer, or his/her failure to act, or the event, thing, occurrence, or other cause giving rise to the potential claim occurred on: DATE 7- 2r, —QS The particular circrostances of this potential claim are described in detail as follows We feel that the excavation, backfill and concrete removal should not be considered incidental items. The reasons for which I believe additional compensation may be due are: According to the Webster's Dictionary, - "incidental" means minor items that are not particularized. The work performed was not minor.. According to Section 300 -1.4 of the std. specifications, work performed at the jobsite was not part of clearing and grubbing and furthermore, there was no item in the contract 10 clearing and grubbing. The nature of the costs involved and the amount of the potential claim are described as follows: (If accurate cost figures are not available, provide an estimate, or describe the types of expenses involved) Concrete Removal 35 cy x 100 = 3,500.00 Dirt Removal 152 cy x 50 = 7,600.00 Backfill 50 cy x 50 = 2,500.00 13,600.00 Tile asdemigned certifier that tie above rtatemeats are made is faB cogsirasce of the California False Claim, Act, Gomramemt Code sections 12650 -1 Tie andenigsed farrier asderstands sad agrees that this poteatial claim, aaless resoved, most be restated as a claim in respoa,e to the State4 propose final estimate in accordance with Section 9 -1.07B of the Standard Specifcadoa,, in order for it to be further cua,idered. by cev- .., ,Duet- u•e¢a.q Hillside Contractors, Inc. Contractor FOR STATE:US Received by _ TO Horst Hlawaty CoNrRAcrNUIv1BER 3045 DATE 7 -25 -95 (RESIDENT ENGINEER) This is a Notice of Potential Claim for additional compensation under the provisions of Section 9 -1.04 of the Standard Specificattte The act of the Engineer, or his/her failure to act, or the event, thing, occurrence, or other cause giving rise to the potential claim occurred on: DATE 7- 2r, —QS The particular circrostances of this potential claim are described in detail as follows We feel that the excavation, backfill and concrete removal should not be considered incidental items. The reasons for which I believe additional compensation may be due are: According to the Webster's Dictionary, - "incidental" means minor items that are not particularized. The work performed was not minor.. According to Section 300 -1.4 of the std. specifications, work performed at the jobsite was not part of clearing and grubbing and furthermore, there was no item in the contract 10 clearing and grubbing. The nature of the costs involved and the amount of the potential claim are described as follows: (If accurate cost figures are not available, provide an estimate, or describe the types of expenses involved) Concrete Removal 35 cy x 100 = 3,500.00 Dirt Removal 152 cy x 50 = 7,600.00 Backfill 50 cy x 50 = 2,500.00 13,600.00 Tile asdemigned certifier that tie above rtatemeats are made is faB cogsirasce of the California False Claim, Act, Gomramemt Code sections 12650 -1 Tie andenigsed farrier asderstands sad agrees that this poteatial claim, aaless resoved, most be restated as a claim in respoa,e to the State4 propose final estimate in accordance with Section 9 -1.07B of the Standard Specifcadoa,, in order for it to be further cua,idered. by cev- .., ,Duet- u•e¢a.q Hillside Contractors, Inc. Contractor TO: FROM: DATE: SUBJECT: • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 PURCHASING /FINANCE DEPARTMENT CITY CLERK June 20, 1995 Contract No. C -3045 Description of Contract Left Turn Lane Balboa Boulevard at 21st Street Effective date of Contract June 19, 1995 Authorized by Minute Action, approved on May 22, 1995 Contract with Rillside Contractors_ Inc. Address 10732 Chestnut Avenue Stanton, CA 90680 Amount of Contract Wanda E. Raggio City Clerk WER:pm Attachment 430.00 3300 Newport Boulevard, Newport Beach • 11 BY THE CITY C'Jih .L CITY OF NEWPORT BEACH MPY 7 21995 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Ll May 22, 1995 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: BALBOA BOULEVARD AT 21ST STREET LEFT TURN LANE (C -3045) RECOMMENDATIONS: 1. Affirm the Categorical Exemption of Environmental Impact 2. Approve the plans and specifications. 3. Award Contract No. 3045 to Hillside Constructors, Inc. for the total bid price of $49,430.00, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: This project provides for removing portions of street improvements at the intersection of Balboa Boulevard and 21st Street and constructing an eastbound left turn lane onto 21st Street. The work includes median, street light, traffic detector loop, pedestrian pushbutton, and lane striping /pavement marking relocations. Upon completion of contract work, Staff will retain a landscape contractor to repair the median island turf and irrigation system. At 9:30 A.M. on May 12, 1995 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low Hillside Constructors, Inc. 49,430.00 2. Excel Paving Company 51,196.00* 3. Gillespie Construction, Inc. 52,555.00 4. Clayton Engineering, Inc. 62,665.00 5. Wakeham -Baker Inc. 64,646.00 6. Damon Const. Co., Etc. 81,359.50" 7. Nobest, Inc. 84,975.00 corrected Total Bid Price is $51,196.25 corrected Total Bid Price is $81,509.50 (39) . 0 9 SUBJECT: BALBOA BOULEVARD AT 21 ST STREET LEFT TURN LANE (C -3045) May 22, 1995 Page 2 The low Total Bid Price is 10% above the Engineer's construction estimate of • $45,000.00. The low bidder, Hillside Constructors, Inc., is a well - qualified general engineering contractor that has successfully performed previous contract work for the City. Funds for award are proposed from the following budget appropriation: Descri t� ion Account No. Amount Traffic Signal Install /Upgrade 7181P301068A $ 49,430 The contract specifies that all work shall be completed by June 23rd. Failure to complete work by these dates will result in the assessment of $250 per calendar day liquidated damages against the Contractor. Plans, specifications and estimate for the project were prepared by Austin -Foust Associates, Inc. and by Public Works Department personnel. 0 W �� %� Don Webb is Public Works Department LD:so Attachments w U LL N J ' ° U Q ❑ ~ M Z O F i 0 F-�m E F a w w y y N Z J J VI J Q V1 N J J J J J J N 7 F- N W Z Wg J Z N F O a z m F n z0 W F N 0 j j Q U U p F- 0 F �j J ° LL W W V x� m i 0 w 2000 Lu LL) w 0 F F° r O ° U U a. IL J ¢ K OJ OJ 0 M�° O a Z Z L W W J W CC S x y ° O O z O k a w O Z O x O Z W O E E 2 2 Zo z x w o W 0 9 z� z a �vF0 ILL Z�cNiJD U J U N V J LL U co ° U a m x LL W x CO 0 Fa ILLi J U F c WIC Nnvv��onwm °��� 0 oo�n000 00000000�n W O J r In a O N O O �n N in 0 0 0 0 0 0 0 0 0 Z W O O tO M Q 0 0 0 0 0 to Q Uoo K min oMo0oo c� r °o n n a O C) z IL J a ~ Z w iv Z N x O w U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 w v> OOO O OOOO o� � M IA O M N M In l"l N m O O O N [t J � •- O Q U � N O O O O O o 0 0 0 0 0 0 0 0 U W UUv°j� O O N O N O N O O O O O O O °om °o m w ^ ^ N O N N [h ° F O fn J Z J Z J O x U W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 K ion M m o a o m uoi o o voi v0i o EL N - m N N m M N 0 J < Q O H 0 0 0 0 0 0 0 0 0 0 0 0.0.0. W y Uv�o m o0 00000rn w ID N O M In O O N In J W N N cG N < z z O 0 � Z � z co W W F a w w y y N Z J J VI J Q V1 N J J J J J J N 7 F- N W Z Wg J Z N F O a z m F n z0 W F N 0 j j Q U U p F- 0 F �j J ° LL W W V x� m i 0 w 2000 Lu LL) w 0 F F° r O ° U U a. IL J ¢ K OJ OJ 0 M�° O a Z Z L W W J W CC S x y ° O O z O k a w O Z O x O Z W O E E 2 2 Zo z x w o W 0 9 z� z a �vF0 ILL Z�cNiJD U J U N V J LL U co ° U a m x LL W x CO 0 Fa ILLi J U F c WIC Nnvv��onwm °��� 0 L 9 • • • n0 o O o o 0 o o 0 0 o 0 o 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Uo0p00000000000-, 0 o n o 0 0 0 0 0 0 0 0 0 o o o N o N N M O o 0 0 0 0 o r rn d Q t0 Ili N 10 n N -m W m Q Q J N QI O 0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N X 0 0 om' 0 0 0 0 0 0 0 0 F d Q N r N rn OJ Q J CO _ O U r z z W O O N O O O O O O O O O O O N U N O N O N O O O O O O O O O rn C r 0 O N O O O O O O O O O O CL n 0 0 N O N Q W N M W rn N N O O N N Q .- r n M Q N N 0 F U H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W w o o N o N o 0 0 0 0 0 0 0 0 U 0 0 0 0 r 0 N 0 0 0 0 0 a M^ 0 0 Maromm�0 0 J Z Z O 0 U 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 o vi o 0 0 0 0 0 o ro a. N O r aD 0 0 N O N N O O o o Q a M N N cD N N m Q N M O rn N N e N J N N rn^ N N n M4 Q O 0 F O O O O O O O O O O O O O O W O O O O O O N O 0 0 0 0 0 0 rn N U O' M N^ Q N M O rn a0 N 0 Q Z a N fp Q N r M J =XF- LU w Z F- Q Q � 3m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 Uo0�ri00000000000ui a. rn O N O O N 0 0 0 0 0 0 0 0 N a n O O Q Q N M O M N O O N N N J rn M N O^ N 1p N N N MN F O or z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 zW U 00ci0�evir,0000000 m 3 o N r 0 0 0 0 0 0 0 M N N m M N OJ Z N N M 0 W O F = Z a 5Z� z a U W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W o 0 0 0 0� 0 0 0 0 0 0 0 0 vi cc cli eM r viNN avie J F U Z_ Z O o 0 o N o 0 0 0 0 0 0 0 0 0 w 00 O W N O N O o 0 0 0 0 0 0 0 0 � a vi 0 0 0 0 0 0 0 3 w 0o °D 0Q O0� m 0o 0r0 aw wm a vie m n vi cli0 w r u~ Z J Z J 0 � M C'1 U 9 • • • *IOTICE OF EXEMPTION 0 County Clerk Public Services Division P.O. Box 838 4V ta Ana, CA 92702 Project Title: Balboa Boulevard at 21st Street Left Timm Lane Project Location - Specific: Balboa Boulevard eastbound at 21st Street, Balboa Peninsula Project Location - City Project Location - County Newport Beach Orange Description of a ure, Purpose, and Beneficiaries of Project: Remove and replace island, street light and certain pavement to provide an eastbound left turn lane. Allows protected left tarn movement across 3 lanes of oncoming traffic. Provides safer traffic movement for the motorist. [lame of u is Agency Approving Project: rson or Agency Carrying Out Project: Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 (b) and (c)) x Categorical Exemption Reasons why project is exempt: State type and section number: §15301; Class 1 (f) Addition of safety device for existing facility Contact Person Area Code Telephone Extension -loyd Dalton 714 644 -3328 gnature ��„lp� •o Wof k to _ . . City Clerk's Copy NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, Ca 92659 -1768 until 9:30 A.M. on the 12th day of May ,1995, at which time such bids will be opened and read for: BALBOA BOULEVARD AT 21ST STREET LEFT TURN LANE Title of Project 3045 Contract No. $45,000 Engineer's Estimate /O V \\ ) zo, FO RN% Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92659 -1768. For further information, call Lloyd Dalton at (714) 644 -3328. Project Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT 21st STREET LEFT TURN LANE CONTRACT NO. 3045 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3045 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization One Thousand @T;ve Niinrireri Dollars and Zero Cents $1 .500.00 Per Lump Sum 2. Lump Sum Traffic Control One Thousand Five Hundred Dollars and Zero Cents $1,500.00 Per Lump Sum PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 675 Sawcutting Lin. Ft. @ Two Dollars and Zero Cents $ 2.00 $1,350.00 Per Linear Foot 4. 520 Curb & Gutter Lin. Ft. @ Fourteen Dollars and Zero Cents $14.00 $ 7,280.0 Per Linear Foot 5. 150 Full Depth AC Pavement Tons @ Seventy -Five Dollars and Zero Cents $ 75.00 $ 11,250.00 Per Ton 6. 50 8" PCC Pavement Sq. Ft. 7 @ Ten Dollars and Zero Cents Per Square Foot 900 4" Stamped PCC Sq. Ft. $ 10.00 $ 500.00 @ Five— Dollars and Zero Cents $ 5.00 $4,500.00 Per Square Foot Lump Sum Curb Inlet Two Thousand @ Five Hundred Dollars and Zero Cents Per Lump Sum $ 2,500.00 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum Manhole Frame & Cover Adjustment @ One Thousand Dollars and Zero Cents $ 1,000.00 Per Lump Sum 10. Lump Sum Traffic Signal Head Modification @ Eight Hundred Fifty Dollars Zero reds $ 850.00 Per Lump Sum 11. Lump Sum Street Light Relocation, Conduit, Conductors, Pull Boxes, etc. @ Ten Thousand Dollars and Zero Cents $ 10,000.00 Per Lump Sum 12. Lump Sum Push Button Relocation, etc. @ Two Thousand Dollars and Zero Cents $ 21000.00 Per Lump Sum 13. Lump Sum Traffic Signal Loop Detectors, Conduit, Conductors, Pull Boxes, etc. @ Two Thousand Dollars and Zero Cents $2,000.00 Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 14. Lump Sum Traffic Striping and Markings, Raised Pavement Markers, etc. Three Thousand @ Two Hundred Dollars and Zero Cents Per Lump Sum Forty -Nine Thousand Four Hundred Thirty Dollars and Zero Cents TOTAL BID PRICE (WORDS) 5 -11 -95 Date 714- 827 -2879 Bidder's Telephone No. 686325 "A B" Bidder's License No. & Classification PR 1.4 TOTAL PRICE $ 3,200.00 49,430.00 TOTAL BID PRICE (FIGURES) Hillside Contractors Bidder S /Jean Slayyeh, Secretary Bidder's Authorized Signature & Title Vj 10732 Chestnut Avenue. Stanton, CA 90680 Bidder's Address Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 E 0 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the �porate officer or an individual For partnerships, the signatures For sole ownership, the signature 686325 "A B" Contractor's License No. & Classification Hillside Contractors, Inc. Bidder 5 -11 -95 S /Jean Slayye1 Secretary )ate Authorized Signature /Title 5/91 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1 PJone 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Hillside Contractors, Inc. Bidder 5/91 Wean iz eh gSnecretrS tuAuthor /Title Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Hillside Contractors Inc as bidder, and Ran er Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Thousand Dollars ($ 10.000.00 ),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Balboa Blvd. at 21st Street Left Turn Lane C -3045 (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 12th day of May , 19 95. Hillside Contractors, Inc. ent Bidder Authorized Slgna ure %Title S /Lourdes Torres Notary Public Commission Expires: 7 -21 -95 5191 SURETY By: S /Blake A. Pfister (Attach Acknowledgment of Attorney -In -Fact) • 0 ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney-in-Fact) STATE OF CALIFORNIA ss ' County of Orange On 5 -11 -95 beforeme, Lourdes Torres, Notary Public date here insert name and title of the officer personally appeared Blake A Pfister namew of signerta) personally known to me (cg} }{tg7 gt}pK 1 { y { g Q) to be the personal) whose name(30 is&Xe subscribed to the within instrument and acknowledged to me that he/ tkV executed the same in hisPmKV)& authorized capacity(iex), and that by hisft3(ft'rk signature(s) on the instrument the personal, or the entity upon behalf of which the person) acted; executed the LOURHS TCRRtS o instrument. ^i { \ Cowl. ,- „0750 i - WITNESS my hand and o tctal sealxa ✓ ,:; , - ,c ..:TY o MY CT.1 %isS.is i...�.:.:; .d-i ,t Signature /T" �� -- -- - - -- (Seal) (The balance of this page is intentionally left blank.) CONTRACT AMT: N/A 0 0 Ranger Insurance Company Houston, Texas GENERAL POWER OF ATTORNEY BONDAMT:$10,000.00 RIC 0209579 BOND No.: RIC 0209579 Know all men by these Presents. that RANGER INSURANCE COMPANY has made, constituted and appointed, and by these presents does make. constitute and appoint Blake A. Pfister its true and lawful Attorney -In -Fact, for it and in its name. place and stead to execute on behalf of the said Company, as surely. bonds, undertakings, contracts of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 001100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Direclors of RANGER INSURANCE COMPANY on the 71h day of November. 1994. Resolved: That Thomas H. Friedberg, Chairman and President. Douglas J Coals. Executive Vice P-sdent. and Senior Vice Presidents Roben K. Herben. Jr. John 1. Kenny. Robert J Nelson. and Thomas D Nimmo. or any of them shall have the power to appoint Anorneys ;n Fact as the buss—ss of the Company may equate or to authorize any persons to execute on behad of the Company any bonds. undendkings. recogntzances. sUpWatwns. policies. contracts . agreements. deeds it release and assignment of judgments. decrees. mortgages and msW ment5 in the nature of mortgages and also all other Instruments and documents which the bus.ness of the Company ma, requite and to affix the seal of the Company thereto. Resolved Further: That the Company seal and the signature of any of ae aforesaid officers me. be affixed by facsimile Ic any power of attorney ceniLra:e of either given lot the execution of any hand. undertaking. contract or suretyship. or ether written obligation r, the nature thereof. suc• signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and bantling upon the Comp y with the same forte and effect as though manually affixed. In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 7th day of November. 1994. Attest: Secretary The State of Texas County of Harris RANGER INSURANCE COMPANY By: Vice President On this 291h day of November, 1994 before me personally came Barbara Blasingame and John Kenny, to me known, who being by me duly sworn. did depose and say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY, the Company described in and which executed the above instrument; that they know the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that they signed their names thereto by like order. Notary Public / s e N1 i�i{� �vrt or R*9 Certificate I, the undersigned, the Senior Vice President of RANGER INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors. set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of Houston, in the State of Texas. Dated the 11 tbay of may ,19 95 iRIC -GPOA 1705941 (Affix seal Hear Ll 0 4810 -35 4 -00236 OF THE TREASURY FISCAL SERVICE (Dept. Oi o. 570,' 1994 Rev - I Supp. No.7 ) SURETY COM,ANIES ACCEPTABLE ON FEDERAL BONbS anger Insurance Company A Cei:tificate of Authority An an acceptable „surety on ” ederal Bonds is herlby issued_to the following company under ;actions 9304 to 930, Title 31, of the United Stated Code. Federal bond- approvigg officers should annotate their. reference copies of the Treasury•Circular 570, 1994 Revision, oh page 341 so reflect this addition] Ranger Tnsursnca Comnanv. BUSINESS ADDRESS: P. Box 280 Houston, TX 77252. PI[ONEi (713) 954 -8100. UND!RWRITING LIMITATION b/- $60839,000. SURETY LICENSES „r/i PAL, AK, A2 AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, 7A, K9, KY LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, NO, OH, OK, 'OR, PA, RI, SC'; SD, TN, TX, UT, VT, VA, WA Wv, wit WY. INCORPORATED IN: Delaware, Certificates of authority expire on June 30 each ?year, mess revoked prior to that date. The Certificates Are subjec i o aubeequent annual Yenewal as long as the companies remain alified (31 CFR, Pitt 223). A list of qualified opmpanies i ubliehad annually ai of July 1 in Treasury Departmenk Circular 10, with datitils as to underwriting limitations, areps in whic icensed to transact surety business and other informption. i I Page 5 NON - COLLUSION AFFIDAVIT State of California ) ss. County of ) �/ �� _, being first duly sworn, deposes ancy says that he Ot 17he is of (,'.I C_ the party making the fo going bid; t at the biel lis not made in the interest of, or on behalf of, any un5yisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other hi Aripr_ nr 11-n cPCUrP Anv AAvantarra artainct tha nnhlim hnAv AwAa rlinrt 'ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State ofGZ County of ora /7 I _ On - efore , me DATE 7 - 9 NAME, TV LE OF 0E.MER - .G., -JANE DOE. NPTA personally appeared \,l e"-� / ❑ personally known tome -OR - LIZ FIGUEROA 1 COMM. It952328 Z Notary PublioCalifornid y Z ORANGE COUNTY MY comm. expires JAN 14,1996 Idto me on the basis of satisfactory evidence to be the person(11) whose name(1B) is /ate subscribed to the within instrument and ac- knowledged to me that kb /she /tiny executed the same in Ks /her /their authorized capacity(!"), and that by ti(S /her /t1Wr signature(b) on the instrument the personod, or the entity upon behalf of which the person(so acted, executed the instrument. seal. No 5193 ifs OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though stable does not require the Notary to fill in the data below, doing so may prove inakable to persons retying on the document. INDIVIDUAL CORPORATE OFFI ER(S TITLE(9) J C] PARTNER(S) 0 LIMITED GENERAL ATTORNEY -IN -FACT E] TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REP $ENTING: RSO 9)O OftlW(IE ) IV G ATURE OF ARV 0 I- S TION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT, Y&n-[('j�L S.i✓ 1 (a/"%)/.�,(d!/L�' ..L�H THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES �__ DATE OF DOCUMENT "J-17- 9_ � 5 Though the data requested here is not required by taw. i If could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE Glbe. 01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309 -7184 5/91 NON - COLLUSION AFFIDAVIT State of California ss. County of Page 5 Jean Slayyeh , being first duly sworn, deposes and says that he or she is Se re of Hillside Contractors, 1nr,. the party making the foregoing bid; that the bid s not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. H '-e' is Cpn`rartnrt Inc. Bidder Authorize Signature /Title Subscribed and sworn to before me this » day of April 19 95 [SEAL] Liz Figueroa Notary Public i/14/96 My Commission Expires: 5/91 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail)_ To Contact Number 1995 City of We�ioort Beach Mark NiQl iSi 714 - 644 -3311 1995 Caltrans Earl Fulcumoto 310 - 516 -4140 1994 Caltrans Fin Zabirsky 213- 897 -1586 1994 L.A. County bob Gysel 818 - 458 -3122 Hillside Contractors, Inc. Bidder 5/91 S /Jean Slavveh Secretary Authorized Signature /Title 9 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. s /91 ERFOi C RIC 0 1 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to Hillside Contractors, Inc. hereinafter designated as the " Principal", a contract for a oa ou evard at 21st street Left:Turn Lane (Contract o. 3045 ) in the C ty o Newport Beach, n strict conformity with the Contract, th Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS. Principal has executed or is about to execute Contract No. 3045 and the terms thereof require the furnishing. of a bond for the faithful performance of the contract; NOW, THEREFORE, we, Hillside Contractors, Inc. asprincipal,and Ranger Insurance Com an as Surety, are held firm y bound unto the City of Newport Beach, in the sum offortyninethousandfourthirty - -- Dollars ($49,430.00) said sum being equal to 100% of t e estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these Presents.: THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the city, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract. or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its Sim.. obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in Lull force and effect for six (6) months following the date of formal, acceptance of the Project by the City. In the event that the principal executed this bond as an individual,, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of mu , 1995. Name of Contrac or (Principal) Ranger Insurance Company Name of Surety P 0 Box 2807 HoustonTX 77252 Address o urety A or a Signature /Title Hassan Ahmad S aqyyeh nLK4p nnt�► Authorized Agent Signature Blake A. Pfistar.,Attorney -in -face 714- 642 -9221 Telep one NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY NUBT BE ATTACHED 5/" TOTAL P.O? ALL - PURPOSE ACKNOWLEDGMENT Y 1 State of County of } On,5before me, � DATE NAME, T E OF OFFICE - E.G.,'JAN= D E, NOTAnT MUM personally ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that ha /sde /they executed the same in hWher /their authorized LIZFIGUEROA capacity(ies), and that by his /tt9f /their �! I COMM. (/962328 z signature(s) on the instrument the person(s), a , Notary Publio-Calitornia n Z `c or the entity upon behalf of which the : z ORANGE COUNTY my comm. expires JAN 14,1996 person(s) acted, executed the instrument. WITNESS m and an lal seal. OPTIONAL SECTIObL � THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT No. 5193 OPTIONAL SECTIONi i7 CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document. ❑ INDIVIDUUAAL P �- /- �F%;rr/t'ilT FCC FS) rc�lZ(i . TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRE ENTING' N M OF RSON(S OR TII(IES _ , - �s i" THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES rX_ DATE OF DOCUMENT Though the data requested here is not required by law, / ij it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE_, 01992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309 -7184 0 0 ❑ Acknowledgment of Principal ® Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA ss County of Orange On 5 -24 -95 beforeme, Lourdes Torres, Notary Public date here insert name and title of the officer personally appeared Blake A Pfivter name(s) of signer(O personally known to me to be the person(j) whose name0o isMe subscribed to the within instrument and acknowledged to me that he/ kV executed the same in his/11g3>J;j)6f authorized capacity(jM), and that by hisftqt"k signature(s) on the instrument the person(, or the entity upon behalf of which the person(A) acted, executed the instrument. ]i -: LOUhDES TORRES If v COM" M. 30150 � ��// WITNESS my nd Ofl;Gral Seal �' ' � \a_ PJOTAi1 PUU 10 JAS ,in !IA :h: ORANGE COUNTY MY COMMISSION EXPIRES JULY 21, 1995 .. (Seal) Signature — - (The balance of this page is intentionally left blank.) • 0 Page S PAYMENT BOND #RIC 0211245 1010W ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted has awarded to Hillside Contractors, Inc. hereinafter des grated as the "Princ pal ", a contract for Samoa Boulevard at 21st Street Left Turn Lane (Contract No. ) iii the City of Newport Beach, in strict conformity with the Dr wa ings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 3045 and the terms thereof require the furnishing of a bond, pro dx g that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,. or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW,THEREFORE,We, Hillside Contractors, Inc. as Principal,and Ranger Insurance Company as Surety, are held firmly bound unto the City of Neon Beach, n the sum of forty- ninethousandfourthirty Dollars ($49,430.00 ) said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 • 0 The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And said surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. in the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this the .above named Principal May , 1995, instrument has been duly executed by 2 and Surety, on the 44 day of Hi "i se;Contractors, Inc. Nam- — — e of Contractor (Principal) Ranger Insurance Company Name of surety P 0 Box 2807 HoustonTx77252 Address of surety /Kut ed Signature/Title Hassari Ahmad Slayyeh, President Author zed Agent Sign—Ature Blake A. Pfister, Attorney -in -fact 714- 642 -9221 Telephone NOTARY ACSNOVLBDGMBNTS OF CONTRACTOR AND SURETY MUST SS AT9AC$8D stet LIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of �/ G / –/l / C( County of 'e— } On. before me, DATE , / NAME, Ti PLE OF OFFICER- ., personally appeared ❑ personally known to me - OR -12 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and ac- knowledged to me that */sRe /they executed the same in Itj<f*r /their authorized capacity(ies), and that by/ /their .•�.,,,;;,-., LIZ FIGUEROA signature(s) on the instrument the person(s),. COMM. Z z : -x)i .: K' Notary Public-California or the entity upon behalf of which the y p z �� w ORANGE COUNTY g - MY person(s) acted, executed the instrument. Comm. expires JAN 14,1996 WITNESSi nX hand and offal seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT:. OF NOTARY TITLE OR TYPE OF DOCUMENT No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER �? Though statute does not require the Notary to - fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL £OjiPORA�E OFfICE��C�i /�/ TITLE(S) E] PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT ?•: TRUSTEE(S) GUARDIANICONSERVATOR OTHER: i:; SIGNER IS REPRESENTI G: E0 ERSON )ORE 17YQES) ff / �) f� l Gi\ C !/ ri NUMBER OF PAGES DATE % DOCUMENT Though the data requested here is not required by law, it Could prevent fraudulent reahachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION • 8235 ft!nmat Ave., P.O. Box 7184 • Canope Park CA 81309 -7181 I J, ❑ Acknowledgment of Principal I Acknowledgment of Surety (Attorney-in-Fact) STATE OF CALIFORNIA as County of OrangeI On 5-24-95 beforeme, Lourdes Torres, Notary Public here insert name and title of the officer personally appeared Blake A. Pfiqtpr name(s) of signer(s) personally known to me to be the person0a) whose name(4 is&Xe subscribed to the within instrument and acknowledged to me that he/*)pktkV executed the same in his/lwnjh& authorized capacity(jVA), and that by hisfti�kk signature(s) on the instrument the person(, or the entity upon behalf of which the person(74) acted, executed the LO! IRDES TORRES instrument. Caw, . . ........ Jo .:.`:NIA WITNESS my hand and cial seal. v ,,4 0 ORANCE COUNTY MY COMMWIGN EXP!RFS JULY 21. 1995 Signature (The balance of this page is intentionally left blank.) (Seal) 4anger Insurance Company* RAC 0211245 Houston, Texas GENERAL POWER OF ATTORNEY CONTRACTAMT: $49,430.00 BOND AMT:$49,430. 00 BONDNo.: RTC n21124ri Know all men by these Presents, that RANGER INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Blake A. Pfister its true and lawful Attorney- Im Fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of RANGER INSURANCE COMPANY on the 7th day of November, 1994, Resolved: That Thomas H. Friedberg. Chairman and President. Douglas J. Coals, Executive Vice President, and Senior Vice Presidents Robert K. Herbed, Jr., John L. Kenny, Robed J. Nelson, and Thomas D. Nimmo, or any of them, shall have the power to appoint Altorneys -In -Fact as the business of the Company may require or to authorize any persons to execute on behalf of the Company any bonds, underl akings. recognizances, stipulations. policies. contracts, agreements. deeds and release and assignment of judgments, decrees. mortgages and instruments in the nature of mortgages and also all other instruments and documents which the business of the Company may require and to silly. the seal of the Company thereto. Resolved Fu rthen Thal the Company seal and the signature of any of the aforesaid officers may be affixed by lac5imite to any power of attorney certificate of either given for the execution of any bond undertaking, contract or suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company. to be valid and binding upon the Company with the same Joyce and street as though manually affixed. In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 7th day of November, 1994. RANGER INSURANCE COMPANY " "d1 \3RA "Oe •,,,,,, Attest: By: `, .�p9 ON4r•. s =i SEAL Secretary Vice President '',6, re2 ?.�'.`' The State of Texas County of Harris On this 29th day of November, 1994 before me personally came Barbara Blasingame and John Kenny, to me known, who being by me duly sworn, did depose and say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY, the Company described in and which executed the above instrument; that they know the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; That it was so affixed by order of the Board of Directors of said corporation and that they signed their names thereto by like order. Notary Public '. �9R Oe iEY>S Certificate I, the undersigned, the Senior Vice President of RANGER INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked: and furthermore that the Resolution of the Board of Directors, setfodh in the said Power of Attorney, is now in force. Signed and sealed in the City of Houston, in the State of Texas. Dated the 24k$day of May 1995 (RIC -GPGA 110594) (Affix Seal Here) 4eiO -35 4 -00236 PARTMENT OF THE TREASURY FISCAL SERVICE (Dept- O1 0. 670,• 1994 Rsv.', eupp. No.7 ) .SURETY COM ANIES ACCEPTABLE ON FEDERAL BONbS &hgar Insurance Company A Certificate o4 Authority as an acceptable surety on ral Bonds ie her by issued. to the following oompa;ny under ioni 9304 to 9301, Title 31, of the United Stated Code. ral bond - approving officers should annotate their? referenc( of the Treas,udy•Circular,570., 1994 Revision, 0r pane 34 reflect this additions Rancor Tnx ny BUSINESS ADDRESS: P. Box 28 Houston, TX 77252. P11ONE1 (713) 954 -9100. UNDERWRITING LIMITATION W: $6,839,000. SURETY LICENSES s/s PAL, AX, A AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, TA, XS, KY LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY I NC, ND, ON, OX, IOR, PA, RI, SC'; SD, TN, TX, UT, VT, VA, WA Wv, WI, WY. INCORPORATED INI Delaware. Certificates of 'Authority expire on June 30 each; year, nless revoked prior to that date. The Certifioates Are subjec i o subsequent annual Yenewal as long as the companies remain ualified (31 CFR, Part 223). A lint of qualified cpmpanies i ubliahad annually ai of July 1 in Treasury Departmenp Circular 70, with datAils as to underwriting limitations, areps in whic icenoed to transact surety business and other inform�ticn, s i I CopiA4 of the CLular may be obtained from the Sur■ty Son i ranch, Funde MAnAgamsnt Division, Financial Management service apartment of the Treanury,' Washington, DC 20227, telephone 701) 6747102. j f 149nadl Cbasl" Jr. Schwan !(! , j Charles F. Schwan Iii, 11ppirector Funds Management Divinipn Financial Management as foe ATSDI • DEC 2 g pW I i I • -'I- Adk Amkk Page 10 vt - M ,;.uY2 � t q kk 2s - CE TIFIATE. Vy'!q" -'.SAC z4ayN".. �k:• . iNSl3RE1 C COMPANIES AFFORDING COVERAGE PRODUCER SOMMER ASSOCIATES 3340 RIVERSIDE DR., SUITE L COMPANY A LETTER CNA /TRANSCONTINENTAL INSURANCE CHINO, CA 91710 COMPANY B — -- LETTER R W } INSURED HILLSIDE CONTRACTORS, INC. 10732 CHESTNUT AVE COMPANY LETTER C STANTON, CA 90680 AVIV COVERAGES`° ra THIS iS TO curnFl� -THAT Fbi36ig OF INSURANCE LISTED BELOW HAVE B N ISSUED TO THE INS RED NAMED OVE WITH SEGY`TbWHICH Tl0.t'F INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SU "YO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF :;UCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION ALL UMITS IN THOUSANDS L DATE DATE GENERAL LABILITY ONLY) BASIS ONLY) GENERAL AGGREGATE 51,000 000 (OCCURANCE r PRODUCTS/COMPLETED S1,000,000 COMMERCIAL COMPREHENSIVE OPERATIONS AGGREGATE ® OWNERS A130949622 8/21/94 8/21/95 PERSONAL INJURY $1,000,000 © CONTRACTUAL FOR SPECIFIC CONTRACT ci PRODUCTS! COMPL OPER. EACH OCCURANCE S 1,000,000 �} XCU HAZARDS BROAD FORM PROP. DAMAGE SEVERABIUTY OF INTEREST FIRE DAMAGE (ANY ONE FIRE) S 50,000 CLAUSE PERSONAL INJURY WITA 5 000 EMPLOYEE EXCLUSION MEDICAL EXPENSES 5 REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY M $ (, Yur"1�.'1 COMPREHENSIVE SINGLE fT 3k BODILY INJURY 5 �'J.... OWNED (PER PERSON) YY. f 'y "y ryt iil. r'� HIRED BODILY INJURY (PER ACCIDENT) $ mtry,(askr y, �NON-OWNED PROPE EXCESS LIABILITY ea �'In 3` *. EACH AGGREGATE K� UMBRELLA FORMi.����`- 's'";� OTHER THAN UMBRELLA FORM S $ STATUTORY u, S EACH ACCIDENT WORKERS' COMPENSATION AND S DISEASE -POUCY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION STATUTORY r"L,� °% Ip. _ DESCRIPTION OF OPERATIONSILOCATKNJSNEHICLESIRESTRICTIONSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: BALBOA BLVD AT 21ST STREET LEFT TURN LANE C -3045 PROJECT TITRE AND CONTRACT NUMBER `'CERTIFICATE ` HOLDER `M �� ;§ � � CA�}NCELL ATION ,F £ 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE JO DAYS MIN. ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL 3300 NEWPORT BLVD. A NEWPPRT BEACH, CA. 92659 -1768 7� RESE THE ISSUE DATE i mm 1yn • Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: 5/91 ( y) Commercial (X) Comprehensive General Liability $ 1,000,000 each occurrence $ 1,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as.the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Designated Contract: BALBOA BLVD. AT 21ST STREET LEFT TURN LANE C -3045 Project Title and Contract No. This endorsement is effective 5/24/95 at 12:01 a.m. and forms a part of Policy No. A130949622 Of TRANSCONTINENTAL INSURANCE (Company Affording Coverage). Insured: HILLSIDE CONTRACTORS Endorsement No.: 1B ISSUING COMPANY By:� Au orized Represen ati e 5/91 Amk Awk _ Page 10 ` L Z•It M �: \ ' / 4 vY FICA7E INSl7RCE „„ �,yl ry l ,xCER :10 RODUCER COMPANIES AFFORDtNG COVERAGE PAUL WASKOWSKI COMPANY A LETTER ALLSTATE INSURANCE CO. COMPANY 8 LETTER � , INSURED HILLSIDE CONTRACTORS INC. COMPANY C 10732 CHESTNUT AVE. STANTON, CA. 90680 LETTER 'COVERAGES, +>sas�nW:' 1}II��LS YO CERfIFV'THAT "P�IFS'O� WSURAb10E l6Tr� BEI�Fa� Is8uE0 TO�HE I�UREO NAMF.O ABOVE F� TF{E FOLiCY�1PEW�00�'-'a�; INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXYENOEO OR ALTERED BY THIS CERTIFICATE. CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTNE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE S (OCCURANCE BASIS ONLY) COMMERCIAL PRODUCTS /COMPLETED S COMPREHENSIVE OPERATIONS AGGREGATE WN ERAS& CONTRACTOR$ ❑ PERSONAL INJURY E ❑ CONTRACTUAL FOA SPECIFIC CONTRACT ❑ PRODUCTS/COMPL OPEA ❑ XCU HAZARDS EACH OCCURANCE S ❑ BROAD FORM PROP. DAMAGE SEVERABIUTY OF INTEREST FIRE DAMAGE 5 CLAUSE (ANY ONE FIRE) ❑ PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES E REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE UABIUTY COGS M rc $1,000,000. Tk�;i'y/' ,:X. •`. PREHENSWE BODILY INJURY S OWNED (PER PERSON �, 050 249290 7 -25 -94 7 -25 -95 (ACCIDENT) HIRED tit ❑NON`OWNEO FRCAOFPNEGRTEY •• MAGGREGATE EXCESS LIABILITY ...j;.�•,..•�Iyy 6RY'N;;. +'•'iy:', EACH OCCURRENCE UMBRELLA FORM T` .rl;'nWW'4ir V 'TI 4 OTHER THAN UMBRELLA FORM ,. u:STATUTORY s ,�'.r; r s'�'i.� .. TJ+IV� "bFY;•. ?'ks WORKERS' COMPENSATION E EACH ACCIDENT. AND E DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE •EACH EMPL OYEE LONGSHOREMEN'S ANO HARBOR • y n rl, WORKERS' COMPENSATION STATUTORY DEECRVnON OF OPEPATIONW. OCATI ONSNEWCiES/RESTRICTIONS/SPEC" ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: BALBOA BLVD. AT 21ST STREET LEFT TURN TANR G -1045 PROJECT HII.E AND CONTRACT NUMBER 'CERTIFICATE HOLDER i,' "," #�a�'sl i : 1 ` ry,CANCELL�ATION 4 ' 7 2 wR t,33110 SHOULD ANY OF THE D POLICIES BE NON•RENEWED, CITY OF NEWPORT BEACH CANCELLED REDUCED Yry EXPIRATION DAT E P.O. BMX 7768 COMPANY AFFOfD NC COVERAGE GAYS ANCE NEWPORT BLVD. NOTICE TO THE CITY of NEWPDRT a EGI T NEWPORT aEACH, CA 92659 -1768 A 0N` PAUL WASKOWS _ AUTry ED PRE AT ISSUE DATE TO'd SZOTEGE Ol SNOlDUNiNOO 3GIS77IH WOad 9T:60 S66T- 0£ -lAIJW 0 0 Page 12 AT 70RSEMENU T It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The Insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insureds) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of.this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ ( ) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ /, c6gpoO. The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 5/91 M 'MAY -24 -1995 06:5E FROM HILLSIDE CONTRACTORS TO 2521025 P.O;, Page 12A 4. Should the policy be non- renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Balboa Blvd. at 21st Street Left Turn Lane C -3045 Project Title and Contract No. This endorsement is effective and forms a part of Policy No. (Company Affording Coverage). at 12:01 a.m. Insured: id. QOn r" jngAndorsementNo.: ISSUING COMPANY By: qaG AuthoLqZod Representative 7 /4- 1q,L4.57g1e Zns.rrvnaoC.• 5ro1 i • Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "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." S- a -`-:5 Date C -3045 Contract Number 5/91 Hillside Contractors, Inc. Name of Contractor (Principal) Balboa Boulevard at 21st Street Left Turn Lane Title of Project 0 0 Page 14 CKDM-gZXT4Wi THIS AGREEMENT, entered into this ay of , 19 -by and between the CITY OF NEWPORT BEACH, he lnafter "City," and Hillside Contractors, Inc. , hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Balboa Boulevard at 21st Street Left Turn Lane C -3045 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Balboa Boulevard at 21st Street LEt Turn Lane C -3045 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Forty -Nine Thousand Four Hundred Thirty Dollars ff llar, and 7prn ronts 5 44 VAQ nn ) . This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Balboa Boulevard at 21st Street Left Turn Lane C-3045 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. •• -aTi . • . �/ X i ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: kA, /l Mayor Hillside Contractors, Inc. Name of Contractor ����' 114 • a±• Authorized to Publish Adsrrtisementz of all kinds f?.� public n otices by Decree of the Superior Court of Orange Cunty, Cnia. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of.eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City. of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 2, 8, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 8 at Costa Mesa, California. Signature 199 5 0 __PUBLIC — I C NO —TICE —� TING BIDS bids may be re- the Office of the unm U:JU A.M.'on the 12th day of May, 1995, at which time such bids will tbact No, 3695 gineer'y 'Esti specuve bidders In one set of bid a at no cost at ti of the Public t anon at (7141 d Newport .Mesa Dally 3,1995. . T378