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Home My WebLink AboutC-3587 - Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School• • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. CMC July 22, 2004 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 -1668 Subject: Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School (C -3587) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on September 4, 2003. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08655231. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Brad Sommers, Associate Engineer enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California .92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 EXECUTED IN FOUR COUNTERPARTS 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 BOND NO. 08655231 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 8.63 /$6. 33 price. 55.00 thousand of the Contract WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal ", a contract for construction of TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL, Contract No. 3587 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department 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. 3587 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authoriied to transact business under the laws of the State of California as Surety (hereinafter "Surety, are held and finely bound unto the City of Newport Beach, in the sum of ** Dollars ($161,930.00 j lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of_.Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this bbligation shall become null and void. ** ONE HUNDRED SIXTY -ONE THOUSAND NINE HUNDRED THIRTY DOLLARS. 31 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. • Surety, for value received, stipulates and agrees_ that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications .accompanying the same shall in any pvay' affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (9) year 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 27TH day of JANUARY 2003. HILLCREST CONTRACTING, INC. . (Principal) FIDELITY AND DPEOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVENUE, STE. 700 PASADENA, CA 91101 Address of Surety 626/792 -2311 Telephone BY: Authorized SignatureTtle BY: y`y z . Authorized Agent Signature DAVID L. CULBERTSON / ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON Jan. 30, 2003 before me, Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal Michelle S n ago, No Public OPTIONAL Though law does not require the information below; it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: FAITHFUL PERFORMANCE BOND Document Date: JAN. 27, 2003 Number of Pages: TWO Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual Ja Corporate Officer — Title(s) President ❑ Partner - 0 Limited E General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. MICHELLE SANTIAGO U COMM. #1373486 U NOTARY PUBLIC• CALIFORNIA0 F RIVERSIDE COUNTY J My Comm. Expiraa Sept. 7, 2DOB Witness my hand and official seal Michelle S n ago, No Public OPTIONAL Though law does not require the information below; it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: FAITHFUL PERFORMANCE BOND Document Date: JAN. 27, 2003 Number of Pages: TWO Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual Ja Corporate Officer — Title(s) President ❑ Partner - 0 Limited E General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. • i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 1 -27 -03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. U LEXIE SHERWOODU ® NOTARY COMM. PUB # 1311304 yoe. - LIC - CALIFORNIA Signa u of N tart' Public ORANGE COUNTY n COMM. EXP. JULY 27, 2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT DVMR OF PacES 2 DATE OF DOCUMENT 1 -27 -03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (5) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSONIS) OR ENTITYIS) • September 4, 2003 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 -1668 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School (C -3587) To Whom It May Concern: On July 22, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 31, 2003, Reference No. 2003000915854. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08655231. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Brad Sommers, Project Manager encl. 3300 Newport Boulevard Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPARTS w CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 BOND NO. 08655231 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to Hillcrest Contracting, Inc., hereinafter designated as the *'Principal," a contract for -construction of TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL, Contract No, 3587 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department 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. 3587 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the. State of Caldomia, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of ** Dollars ($ 161, 930.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey'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. ** ONE HUNDRED SIXTY -ONE THOUSAND NINE HUNDRED THIRTY DOLLARS. 29 J The Bond shall inure to the benefit of any and. all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the 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 instrument has been duly executed by the above named Principal and Surety, on the 27THday of JANUARY , 2003. HILLCREST CONTRACTING, INC. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVENUE, STE. 700 PASADENA, CA 91101 Address of Surety 626/792 -2311 Telephone BY Authorized Signature/Trde BY: OtL& U-4—� Authorized Agent Signature DAVID L. CULBERTSON Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON Jan. 30, 2003 before me, Michelle Santiago Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal 7 Michelle Sa go, Not Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: LABOR AND MATERIALS PAYMENT BOND Document Date: JAN. 27, 2003 Number of Pages: TWO Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual Lk Corporate Officer — Title(s): President ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. MICHELLE SANTIAGO V COMM. #1373486 NO NOTARY PUBLIC- OAUFORNIA n }. RIVERSIOE COUNTY 1 My Comm. Expi m Sept. 712008 Witness my hand and official seal 7 Michelle Sa go, Not Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: LABOR AND MATERIALS PAYMENT BOND Document Date: JAN. 27, 2003 Number of Pages: TWO Signer(s) Other Than Named Above FIDELITY AND DEPOSIT COMPANY OF MARYLAND Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual Lk Corporate Officer — Title(s): President ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. 9 9 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 1 -27 -03 before me, personally appeared _ known to me to be th, within instrument and same in his authorized instrument the person person acted, executed LEXIE SHERWOOD - NOTARY PUBLIC DAVID L. CULBERTSON personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. QIEXiESHERWOOD3 Q NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY O Si t a e of otary Public COMM. EXP. JULY 27, 2005'' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUM= OF PAGES 2 DATE OF DOCUMENT 1-27 -03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, 9 UVIORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY.AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT} JR. Vice - President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and* effect on the date hereof, does hereby nominate, constitute and appoint David L. Culbertson of Anaheim, Calif ;ornia ......................... . ns true and lawful agent and Attomey -in -Fact, to make, execut�`s Y9nd deliv d on its behalf as surety, and as its act and deed: any and all bonds and undertakings.... .......o ............................ And e execution of such bonds or undertakings in ce of seats, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they n duly ed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in own pro rsons.This power of attorney revokes that issued on behalf of David L. rtson, ted, February 13, 1981. e The said Assistant Secretary does hereby that th set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Comp d is no roe. IN WITNESS WHEREOF, the said V' ident Mstant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELI DEPOSIANY OF MARYLAND, this 15th day of AuQUSt A,D, o ATTEST. SaAL� FIDELITY POSIT COMPANY OF MARYLAND 3 By -- _ Assr� cretary Vice- Pxaiden � - -� -� STATE OF MARYLAND CITY OF BALTIMORE On this 15th day of August , A.D. 1990 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice- President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. Notary Public ,Commissio 'x es August 1, 1992 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in fall force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the seine force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 27TH day of JANUARY I 20Q3 012 -4150 ssstant Secretary 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or anv Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recomfizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." • ✓y) Recorded in Official Records, County of Orange Toni Daly, Clerk- Recorder RECORDING REQUESTED BY AND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINOFEE WHEN RECORDED RETURN TO: 2003000915854 U9:1U8I110% /FEE 213 109 N12 1 City Clerk i, ; _ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt from recording ees pursuant to Government Code -Section 6103" i NOTICE OF COMPLETION II �i NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, f i Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona, California, as Contractor, entered into a Contract on January 28, 2003. Said Contract set forth certain improvements, as follows: Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School (C -3587] Work on said Contract was completed on June 10, 2003, and was found to be acceptable on July 22. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. KM Norks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. `r / BY City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC July 23, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Bonita Canyon Sports Park Project (C- 3270); Notice of Completion for the Zone 11 and 1V Pump Station Electrical Improvements Project (C- 3417); Notice of Completion for the Fuel Systems Upgrade Project (C- 3547); and Notice of Completion for the Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School Project (C -3587) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, l LaVonne M. Harkless, CMG City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 'Exempt from recording ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona, California, as Contractor, entered into a Contract on January 28 2003. Said Contract set forth certain improvements, as follows: Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School (C -3587) Work on said Contract was completed on June 10. 2003, and was found to be acceptable on July 22 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Norks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ✓� at Newport Beach, California. i BY City Clerk e e� 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 0 Agenda Item No. 11 July 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers, Associate Engineer 949 - 644 -3311 bsommers@city.newport-beach.ca.us SUBJECT: TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3587 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On January 28, 2003, the City Council authorized the award of the Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School contract to Hillcrest Contracting, Inc. of Corona, California. The contract provided for the installation of traffic signals at the Newport Coast Drive /Sage Hill Road intersection and the Newport Coast Drive /Gas Recovery Access Road intersection. Additionally, the contract provided for roadway /median improvements to Newport Coast Drive from just north of the Sage Hill Road, south to Gas Recovery Access Road. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $161,930.00 Actual amount of bid items constructed: $159,052.00 Total amount of change orders: $9,640.20 Final contract cost: $168,692.20 3B� SUBJECT: Traffic Signal and Roy Improvements on Newport Coast Drive at Sage Ochool -Completion and Acceptance of Contract No. 3587 July 22, 2003 Page 2 The decrease in the amount of actual bid items constructed over the original bid amount resulted from a change in the design of the roadway structure for the Newport Coast Drive roadway /median improvements. The redesign called for a thicker asphaltic concrete (A.C.) layer and a reduced aggregate base layer. Although the thicker A.C. layer exceeded the bid item quantities the reduction in aggregate base quantities more than offset the cost, causing a decrease in the amount of bid items. The final overall construction cost including change orders was 5.95 percent over the original bid amount. One lump sum change order in the amount of $9,640.20 provided for the furnishing and installation of an additional "advance" signal head, the furnishing and installation of missing conduit, additional roadway striping, and work to prepare a site for the installation of an Edison step down service transformer. Funds for the project were expended from the following account: Description Account No. Amount Transportation and Circulation 7261- C5200702 $168,692.20 All work was completed by the scheduled completion date of June 10, 2003. The project incurred additional costs of $97,152.38 that were necessary to expedite the completion of the project. The additional costs provided for purchasing of traffic signal equipment, installation of the traffic signal pole foundations, engineering services, installation of an Edison step down service transformer, and other miscellaneous expenses. These services were coordinated by the City directly and were not part of the contract. The costs were funded by the Transportation and Circulation fund. In a letter dated July 18, 2002 from Terry Armstrong, Associate Head of Sage Hill School, Sage Hill School has accepted responsibility to pay 25 percent of the total cost of improvements or $265,844.58. Environmental Review: Staff determined that the project was exempt from CEQA as provided for in Section 15061(b)(3) of the Guidelines. The justification for this is the signal and its equipment are contained within the existing developed right -of -way of Newport Coast Drive, and its installation will provide safe access for Sage Hill High School, as well as persons traversing Newport Coast Drive. Prepared by: Blila- d-Sommers Associate Engineer Attachment: Letter Submitted by: en G'Badum Public Works Director July 18, 2002 Richard M. Edmonston, P.E. Transportation & Development Services Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Rich, Everyone at the Sage Hill School is pleased and excited by the City's commitment to solving the traffic safety issues on Newport Coast Drive. We believe that the proposal you shared with us will safely and effectively manage the traffic along Newport Coast Drive and the traffic into and out of Sage Hill School. As I indicated in our telephone conversation, the School wants to be supportive of the City's efforts and we want to be an active supporter of the community. To this end, Sage Hill School is prepared to offer financial support to help pay for this project. When we met at the School, you indicated that the preliminary budget for the project is $440,000, and that the City was requesting that the School pay approximately 25% of this cost. The School is prepared to contribute $110,000 (25 %) of this cost. Please understand that this is a significant sum for the School, and one that is not planned for in our multiyear financial projections. In order for us to make this commitment, we need to have agreement with the City regarding the manner in which the School will meet its obligations. We appreciate that the actual cost for this work may vary from the current estimate. There are many legitimate reasons why costs might increase or decrease. However, the School will have to make significant adjustments to its financial plans in order to meet this obligation. Fixing the contribution at $110,000 will make this a much more manageable process for the School. Therefore, we ask that our contribution not exceed $110,000. The School will be pressed to increase its expenditures by $110,000 at any one time. This is particularly true over the next two years while the School is still growing toward full enrollment. However, we can accommodate a more modest increase in expenditures that will pay the City the total amount over a period of several years. The School asks that we begin 20402 Newport Coast Drive, Newport Coast, California 92657 rnci. c (949) 219-0100 :..;: (949) 219-1399 =c c:- www.sagehillschootorg 9 0 -2- JWy 18, 2002 making these payments two years after the completion of the project, and that the payments be made over a three -year period (1 /3 per year). The School would have much preferred to be able to make its contribution to this project right away. We appreciate the City's immediate response to our expressions of concern, and the prompt manner in which you have moved to improve the situation. If you have any questions or comments regarding the amount or timing of the School's contribution to this project, please contact me at your convenience. Terry Armstrong Associate Head of School -wI• • 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11a.m. on the 16th day of January, 2003 at which time such bids shall be opened and read for TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL Contract No. 3587 $253,598.00 Engineer's Estimate --SteoCn G. Badum PubKc Works Director O\4 y\ Gav Prospective bidders may obtain one set of bid documents at a cost of $10.00 from the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" or "C -10" For further information, call Brad Sommers, Project Manager at (949) 644 -3326 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities Indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 TABLE OF CONTENTS NOTICE INVITING BIDS ..................................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ................................................................... ..............................1 BIDDER'S BOND .......................................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR(S) ................................................. ..............................4 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ......................... ..............................5 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .................... ..............................6 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ............... ..............................6 PUBLIC CONTRACT CODE 10232 STATEMENT ........................................ ..............................7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................... ..............................8 NON - COLLUSION AFFIDAVIT .................................................................... .............................12 DESIGNATION OF SURETIES .................................................................... .............................13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ..............14 ACKNOWLEDGEMENT OF ADDENDA ...................................................... .............................16 INFORMATION REQUIRED OF BIDDER .................................................... .............................17 NOTICE TO SUCCESSFUL BIDDER ......................................................... .............................20 CONTRACT................................................................................................ .............................21 LABOR AND MATERIALS PAYMENT BOND .............................................. .............................27 FAITHFUL PERFORMANCE BOND ............................................................ .............................29 PROPOSAL........................................................................................... ............................... PR -1 SPECIAL PROVISIONS ........ ....... .. .... .... .................................................... .. ... ..................... SP -1 2 Ll CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities Indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be • 0 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 471664 A Contractor's License No. & Classification HILLCREST CONTRACTING, INC. Bidder Authorized Signatureffitle GLENN J. SALSBURY, PRESIDENT January.13, 2003 Date i BOND# 08560235 PREMIUM -NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Rewport Beach, a charter city; in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL, Contract No. 3587 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 8TH day of JANUARY , 2003. HILLCREST CONTRACTING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., #700 CHARLES L. FLAKE / ATTORNEY -IN -FACT Address of Surety PASADENA, CA 91101 Print Name and Title 626/792 -2311 Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON Jan. 13, 2003 before me, Alice M. English, Notary Public , personally appeared Glenn J. Salsbury ,personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. OODOOOOJ0100N00090000000000009009900690= witness my hand anFoffif,,ial seal I ALICE M. ENGLISH D I COMM # 1278129 M Q NOTARY PUBLIC - CALIFORNIA W ORANGE COUNT! p Alice M. English, Notary P lic Q My Commission Expires Oct. 21, 2004 d ise09eseoe 44eesees..ees09se9eeeeeeesee OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Bidder's Bond Document Date JANUARY 8. 2003 Pages: One Signer(s) Other Than Named Above Fidelity and Deposit Co. of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual Jik Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. 0 C�7:�IiT�C�T:i� l��;l� �iJ :� tZ�7.y o7;[�l�►`[il'.`I II �i �Ze3� 1 �4� Y STATE OF CALIFORNIA COUNTY OF ORANGE On 1 -08 -03 before me, personally appeared known to me to be thi within instrument and same in his authorized instrument the person person acted, executed LEXIE SHERWOOD - NOTARY PUBLIC CHARLES L. FLAKE personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand nd official seal. Signatu e o otary Public CRANCCCCCAiIY O OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 1 -08 -0 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice- President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognirances, stipulations, policies, contracts, agreements, deeds, and releases and assign men ofIudgements, djTees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." ��'�� does hereby nominate constitute and appoint Charles Ji��Pilake o� heitn, California....... . t s true and lawful agent and Attorney -in -Fact, to maecute, sea�eliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and a takin�O ... . ................_�_ nution of such bonds or un04#ings in nce of these presents, shall be as binding upon said Company, as fully and amply, to all intei d purpo>33 if they had been duly executed and acknowledged by the regularly elected officers of the Corn at its offir$', altimore, Md., in their own proper persons. The said Assistant Secretary does hereby eertj f he aforegoing is atrue copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. vv IN WITNESS WHEREOF, the said Vice- resident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ........ 16th ................ day of .............. juAY. ............................... , A.D. 1986 FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SEAL •,M., n � n n ------------- -------- `--- ......---- ��...�-z -!fie By ............ ....- .- .------- ................ } Assistant Secre Vice- President STATE OF MARYLAND } CITY OF BALTIMORE 55: On this 16th day of July , A.D. 19 86 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, tome personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, l have hereunto set my hand and Official Seal, at the City of Baltimore, the dal and year first above written. e �. •or+ �1 Notary Pub is Commis ' n piresJu..y. -1.,. ._1990 -... CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full- true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney- in-Fact as provided in Article VI, Section 2 of the By -Laws of the nDEIJTY AND D6051T COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company- shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this...... BxH........ day of............. JANUARY --- °-'------------- -2003 ucza. —uf. — 012 -4150 ................ .... ........ . CJ Aasistn u Sen 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT F TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number ✓v HHILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT 0 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Hillcrest Contracting, Inc. proposed subcontractor hereby certifies that he has x has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 7 0 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Hillcrest Contracting, Inc. proposed subcontractor , hereby certifies that he has has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 7 0 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _, has not x been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term 'bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. N 0 0 Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. �7 i i Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board: Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. HILLCREST CONTRACTING, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON- RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ . Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. IR No. 2 Project Name /Number Project Description SEE ATTACHED Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 2 Project Name /Number Project Description 0 SEE ATTACHED Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 0 No. 4 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From Agency Name Contact Person 0 Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ _ Final Contract Amount if final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 0 No. 6 Project Name /Number Project Description SEE ATTACHED Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. SEE ATTACHED Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. HILLCREST CONTRACTMG,TNC. Bidder 13 Authorized Signature/Title GLENN J. SALSBTJRY: PRESIDENT 0 0 No. 4 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number SEE ATTACHED Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 Pi Experience in Work of Similar Complexity and Scale to this Project 1). Project Name/Number: Railroad Grade Crossings — 01 -02 Project Description: Street Widening at 7 Separate Grade Crossings Approximate Construction Data: 03/21/01 — 08/28/01 Agency Name: Alameda Corridor East Contact Person: Lou Cluster Telephone: 626/962 -9292 Original Contract Amount: $507,913 Final Contract Amount: $586,007 2). Project Name/Number: Emerson Street & Garden Grove Boulevard Project Description: Street Widening, Concrete Alleys, and Landscaped Medians Approximate Construction Data: 10/25/01 — 03/08/02 Agency Name: City of Garden Grove Contact Person: Navin Maru Telephone: 714/741 -5180 Original Contract Amount: $383,772 Final Contract Amount: $397,788 3). Project Name/Number: Fontana Auto Mall Street Improvements Project Description: Street Widening, Signals, Utility Conduit, and Storm Drain Approximate Construction Data: 10/06/2000 — 03/15/01 Agency Name: City of Fontana Contact Person: Meredith Kupterman Telephone: 909/873 -9660 Original Contract Amount: $1,024,913 Final Contract Amount: $1,3782,244 0 0 4). Project Name/Number: Public Infrastructure Improvements — Phase II Project Description: New Infrastructure including Storm Drain, Sewer, water, Electric, Utility Conduit Concrete & Paving Approximate Construction Data: 08/08/2000 — 04/30/2001 Agency Name: Contact Person Riverside County Redevelopment Agency Colby Cataldi Original Contract Amount: $783,248 Telephone: 909/955 -11512 Final Contract Amount: $838,918 5). Project Name/Number: Metrolink Depot Enhancements & "A" Street Project Description: Street, Storm Drain & Sewer Improvements Including Restoration of the Upland Depot Approximate Construction Data: 10/01/01— 04/30/02 Agency Name: City of Upland Contact Person: Mike Thornton Telephone: 909/931 -4118 Original Contract Amount: $1,097,741 Final Contract Amount: $1,400,000 6). Project Name/Number: Wilken Way & Oertley Drive Project Description: Street, Sewer, and Water Improvements Approximate Construction Data: 09/08/2000 — 12/12/2000 Agency Name: Contact Person: City of Anaheim Dave Nelson Telephone: 714/765 -5126 Original Contract Amount: $622,912 Final Contract Amount: $596,188 O O N 00 VI M� W O �1 W w H U_ a U z V z U z U H • 0 U r C < < < ❑ ❑ CC C ❑ J Y Z I z 6 Z U V U V m a a a < o uu < LL a a ❑ .. E >�> O O O < u p w m W O O O O O O 4 W O O O I U �+ U 6. W r T �' J T j z F F F Z U z V Y F Z V F > �; > W> F 1- F F F F 6 U U V 6 G< a V U< U C❑ 2-' ❑ C U U U U U U u J Jz z z Z Z C O O a $ m m O O P $ a a a O J J < 3 J U D < _ _G G G ❑ ❑ ❑ ❑ 3 J > > ; ;V N N = = Y Yil W W c cJ J J D _ _ _ _ ❑ < < < ❑ < F- C C K K C C p p p p Y Y C C i i J J J J J J ❑ ❑ ( (� U U U U L L G O O c c � o � C 0 6 O O a a- z z G G 0 6 Z O O O O F F N N G _ __ O U C< U U { {:1 Z d 3 S Z Z - - j j i W W G G Z❑ 5 5 Z Z L L] K K W 6 6 Q Q J J N N U C Z d 3 I I:l W S O< �. p OC Y O O � 5 u u L fn � 0 0❑ � � 1/I F F U O T O O � � ' '.�-+ � � Z Z W Z Z W WGa < <� L, f p . .�F., � Y O O T Z= y y 6 Z Z O O J Z Q O Z O O Z 0< ? ? 5 u J J o 3 3 3 z z z u u c a a a o o J J c: G G u u w w E E Y Y 3 3 O c c O O s s> yN > > z z m m m m a � �- ❑ ❑5 c � � c� c c < a Y W W a, , a d d m d d m' m m o o H ° ° • •.: r r z L ,- a z L z< u u u U U u u u z z z z 6 Q<< 6 O C C w 6 6 W C C_ Q Q W< u u O V U U U U U V V W V U U o a `,', y O w w 0 ( (: V V V W V e o a ` y 3 3; Z Z 3 Z Z 3 z z 3 u u v v:i a v v:i u u ui V u ui v u u u u P 5 O O Z O O Z O O Z O O Z$ 19 U < r rv< m m U 1 U Z Z Z Z Z Z O O O O L L z 1 1 u ul W W u u>l W W z z u u V V C C D D F Z J J U U Z Z Z Z Z Z Z Z F F F- Z L z_ E-- C; c rC V F U. L c L Ir O - W r N o _ z L y a u < z y Q ❑ < � Z J ❑ N � L i F ry N n N W o 0 u a > 0 h5 Z Z W O U � z z s a p N Z n ❑N z a P F r F z < a W xw U p m y 6 > J O ] c Z 6 C U r 6 ❑ Z Z Z e c < a Q G y F 6 = < w p < < Z J Z N ❑ y E E F � V u<i Y Y Y Y Y C J r E f E Q K 5 V N Q J a a z o J _ J C L O O C N N LL 5 G F w N C O i f 'f. f❑ UFN � >i U o - o h 0 � ❑ c j ry Oj rv� ry Q a 6 m W ,�,ry ..: P < -_ ry It rv- ry N V❑ V o 0 W J W "� J >� j > n O J m P< a P� P� c P Z W ❑� <¢< n< n< x 'v < � z < ': < a a a ❑ x o r � ,o z= z- z �? � v u f � a u" u y n Ll i z ui W❑ K v< W p W ILL W W W Z S O O j J p> O> O> O> N> Z Z W C5 O O y� 5 5 5 5 5 N V<i 1 m � � � � > ) }❑ � a a < w o ❑ ❑ W a ❑ ❑ ❑ < 7 3 Z 5 V N Y � ❑ W O K V � ; � O 7 7 > > > < y O O O a D O O C O O O > > > W �>� Z p 6 < d U V U C 5 u N N F U U V U U U O - W r N o _ z L y a u < z y Q ❑ < � Z J ❑ N � L i F ry N n N W o 0 u a > 0 h5 Z Z W O U � z z s a p N Z n ❑N z a P F r F z < a W xw U p m y 6 > J O ] c Z 6 C U r 6 ❑ i Thomas Hewitt 1467 Circle City Drive Corona, CA 91719 909- 273 -9600 Summary of Qualifications: Over 30 years experience in highway construction and site development. Managed all aspects of construction on multiple projects encompassing everthing from minor to multi - million dollar public works and private contracts. Responsibilities included (but not limited to): knowledge and interpretation of contract documents, specifications and plans; quality control management; scheduling projects; supervising foremen; coordinating personnel, equipment, materials, and subcontractors; managing and controlling job costs; negotiating change orders; acting as company liaison with all controlling agencies and owners; coordinating an indefinite number of projects simultaneously, each operating with multiple crews and subcontracotors. currently certified in Hazardous Waste /Health and Safety Training, CaL -OSHA Trenching and Excavation Standards of California (Competent Person), CPR and First Aid. Professional Experience: Hillcrest Contracting, Inc. Superintendent Sully- Miller Contracting, Inc. General Superintendent Griffith Company General Superintendent Sully- Miller Contracting, Inc. Project Foreman Warren Southwest, Inc. Truck Driver -Prime Mover D.F.N. Trucking Truck Driver Corona, CA Feb. 1995 to Present Anaheim, CA Jan. 1993 to Feb. 1995 Santa Ana, CA July 1976 to Dec. 1992 Orange, CA 1965 to July 1976 Duarte, CA 1963 to 1965 El Monte, CA 1961 to 1963 FJ 1467 Circle City Drive Phone 909- 273 -9600 Corona, CA 81719 Fax 909 -2]3 -9608 Jerry Blair Summary of 1971 — Present qualifications Having worked in the construction industry for over twenty -seven years, I offer a vast amount of experience to our team. My construction experience ranges from my starting position of bid runner to assistant manager of a one hundred fifty million dollar company. I think this experience will be very beneficial to the successful completion of your project., Work experience 1994 - Present Hillcrest Contracting, Inc. Corona, CA Chief Estimator /Project Manger Public Works Construction 1992-1994 Sully Miller Contracting Anaheim, CA Assistant Manager 1989-1992 Sully Miller Contracting Anaheim, CA Orange Construction Division Manager 1986-1989 Sully Miller Contracting Anaheim, CA Chief Estimator /Project Manager 1974-1986 Sully Miller Contracting Anaheim, CA Construction Estimator / Project Manger Education 1969-1971 Cal State University Long Beach, CA BS Economics/industrial Technology 1967-1969 Fullerton Junior College Fullerton, CA AA Emphasis on Engineering CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Riyersid)e GLENN J. SALSBURY being first duly sworn, deposes and says that he or sM is PRESIDENT of HILLCREST CONTR. , INC. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly 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, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT Subscribed and sworn to before me this 13th a� Notary Public Alice It. English, Notary Public My Commission Expires: 10/21/2004 M11 day of January '2003. [SEAL] 1f0 1 0 111111111 0N1111111N1N1111111016 2 2 ALICE M. ENGLISH D COMM #i 1278129 W NOTARY PUBLIC CALIFORNIA D Q OR.ANGECOUNTY My SOam,e-m Expires Oct. 21, 2004 i /0000004 nn- ^s40 +- -• -•� `OON10H1N11NK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 DESIGNATION OF SURETIES Bidders name HILLCREST CONTRACTING, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): INSURANCE: Carter Salisbury Insurance Service 1414 Fair Oaks Avenue #6 South Pasadena, CA 91030 (626)799 -9557 BONDING: Fidelity and Deposit Company of Maryland 225 S. Lake Ave., #700 Pasadena, CA 91101 (626)792 -2311 BONDING AGENT: Culberton Insurance Service 5500 E. Santa Ana Canyon Road Anaheim, CA 92807 (714)921 -0530 15 1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 DESIGNATION OF SURETIES Bidders name HILLCREST CONTRACTING, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): INSURANCE: Carter Salisbury Insurance Service 1414 Fair Oaks Avenue 46 South Pasadena, CA 91030 (626)799 -9557 BONDING: Fidelity and Deposit Company of Maryland 225 S. Lake Ave., #700 Pasadena, CA 91101 (626)792 -2311 BONDING AGENT: Culberton Insurance Service 5500 E. Santa Ana Canyon Road Anaheim, CA 92807 (714)921 -0530 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name HILLCREST CONTRACTING, INC. Record Last Five (5) Full Years Current Year of Record SEE ATTACHED The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record - Record Record Record Record Yearof for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No, of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 • C� Legal Business Name of Bidder HILLCREST CONTRACTIN, INC. Business Address: 1467 Circle City Dr., Corona, Business Tel. No.: 909/273 -9600 State Contractor's License No. and Classification: 471664 A Title a California Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder _� `� GLENN J. SALSBURY Date �Tanuary 13, 2003 Title PRESIDENT Signature of EINER G. LINDHOLM Date January 13, 2003 Title VICE PRESIDENT /SECRETARY Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. (SEE ATTACHED RESOLUTION) 17 CA 92879 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name HILLCREST CONTRACTING, INC. Record Last Five (5) Full Years Current Year of Record SEE ATTACHED The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 z 0 0 V 0 V W U O U O V r- r oo 00 O O M M M M O O d; kn ,N� N N r. C, ON 0) C� 00 00 CO O V1 vl 7 7 V 7 00 00 N N M M 00 00 N N N N O O r- N N oe M M Cl) M O O 00 00 .y M in M vi N N r .•. Q� O� N N N N In .. � rn rn o0 00 co oo co N N U U b Y h N U _ cz ° Q) U a ci b d ti o o b o U .o 2 o ro o a o o ro .> 3 c w o o ro ro ro ° co <d > :d a R a azU o H z�zzUZZUZ.azUZZUZUZ azU3zU V 0 V W U O U O V CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On Jan. 13, 2003 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury and, Einer G. Lindholm personally known to me, to be the persons Whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal ♦ eeNe1e000000e009ee0egO0egeeege0eeee000^ r _� 2 ALICE M. ENGLISH may/ COMM # 1278129 D LUNOTARYPUBLIC - CALIFORNIA AIiCe M. English, Nota P IC Q ORANGECOUNTY s My Gnmmissiiin Expires Oct. 21, 2004 b iseeeseeeeesegea, ., ..,,. >ggaeqqeseaeesoeoee OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: CORPORATE ACKNOWLEDGMENT Document Date:_ JAN 13, 2003 Number of Pages: One Signer(s) Other Than Named above NONE Capacity (ies) Claimed by Signer Glenn J. Salsbury & Einer G. Lindholm Signer's Name: ❑ Individual a Corporate Officer — Title(s): PRESIDENT & VICE PRES. /SECRETARY ❑ Partner - 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 ACKNOWLEDGEMENT OF ADDENDA Bidders name . HILLCREST CONTRACTING, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature M 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: CORPORATION 1467 Circle City Drive Business Address: Corona, CA 92879 -1668 Telephone and Fax Number: 909/273 -9600 909/273 -9608 California State Contractor's License No. and Class: 471664 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 02/26/85 Expiration Date: 04/30/2003 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Jerry Blair, Chief Estimator /Project Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone GLENN J. SALSBURY, PRESIDENT 1467 Circle City Dr., 909/273 -9600 Corona. CA 92879 -1668 EINER G. LINDHOLM, VICE PRES./ SAME AS ABOVE SECRETARY Corporation organized under the laws of the State of CALIFORNIA 19 SAME AS ABOVE 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 ACKNOWLEDGEMENT OF ADDENDA Bidders name HILLCREST CONTRACTING, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 18 0 9 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: MOM For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: NONE Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; NONE Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / No Are any claims or actions unresolved or outstanding? Yes / No 20 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. HILLCREST CONTRACTING, INC. Bidder GLENN J. SALSBURY (Print name of Owner or Presideot of Corporation /Co any; Authorized Signature/Title PRESIDENT Title January 13, 2003 Date Subscribed and sworn to before me this 13th day of January [SEAL] 21 2003. The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: NONE Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; NONE Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / No Are any claims or actions unresolved or outstanding? Yes / No 20 • State of California County of Riverside e. 0001100N00100000000100000000000000gg00 ALICE M. ENGLISH D COMM # 1278129 W NOTARY PUBLIC - CALIFORNIA m M Q ORANGECOUNTY .. My Commission Expires Oct. 21,2004 x I OOOOOOPOOOJ006 �. (..ST /rMP000000NIN100NOb a Subscribed and sworn to (or affirmed) before me this 13th day of January, 2003, by Glenn J. Salsbury Alice M. English, Notary Pub OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: NON- COLLUSION AFFIDAVIT (CORP. INFORMATION) (REQUIRED OF BIDDER) Document Date: Jan. 13, 2003 Number of Pages: Three Signer(s) Other Than Named above None 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 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 shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 CONTRACT THIS AGREEMENT, entered into this 3o day of It). , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Hillcrest Contracting, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL Project Description 3587 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3587, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents, B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 23 0 0 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Dollars ($ ). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Brad Sommers, Project Manager (949) 644 -3326 CONTRACTOR Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 -1668 909 - 273 -9600 Fax: 909 - 273 -9608 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 24 0 0 G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scooe of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 25 0 c) Workers' Compensation limits as required by t Employers Liability. E and Employers Liability: Workers' compensation ie Labor Code of the State of California and 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 26 0 b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, 27 E E property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed A O ED AS TO FORM: A 0 cn4y ATT RNEY F9 CITY OF NEWP T BEACH A Municipal Cgr�ption 0 Mayor HILLCREST CONTRACTING, INC. By. Authorized Signature and Title 'ACORD- CERTIFICATIPOF LIABILITY INSUR CE 01/28103() ) PRODUCER Arroyo Insurance Services Carter Salisbury ns Brokers ry 1414 Fair Oaks Ave, #6 South Pasadena, CA 91030 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Hillcrest Contracting Inc. - P.O. BOX 1898 ,,..�,) Corona, CA 92879 FED' INSURER A'. STEADFASTIZU RICH OF AMERI POLICY EFFECTIVE DATE MM /DD/YY INSURER B'. AMERICAN CASUALTY INS. CO LIMITS INSURER C'. STATE COMPENSATION FUND X INSURER D'. ROYAL INSURANCE CO. SCO229510806 INSURER E AMERICAN CASUALTY INS. CO 12/19/03 COVERAGES r i THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE (N ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICE EXPIRATION DATE MMIDDIYY LIMITS A X GENERAL LIABILITY SCO229510806 12/19/02 12/19/03 EACH OCCURRENCE $1 DDO OOO X COMMERCIAL GENFRAL LIABILITY CLAIMS MADE a OCCUR DAMAGE TO RENTED PRE' Eao rtence $5000() MED EXP (Any one person) $ -0- PERSONAL 8 ADV INJURY $1,000,000 X $10,000. S.I.R. X XCU /CONTRACTUAL GENERAL AGGREGATE $2000000 /BROAD FORM GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMP /OP AGG s2,000,000 POIIGY X JECT 7 LOC B AUTOMOBILE LIABILITY ANY AUTO 1044747153 1 ?119102 12/19/03 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY', AGO D EXCESSIUMBRELLA LIABILITY P2HA208027 12119102 12119/03 EACH OCCURRENCE s2,000,000 X OCCUR F] CLAIMS MADE AGGREGATE $2 00D 000 S $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND -- EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNERIEXECUTIVE _ _ _ _ 713- 02006691 -- TO FOLLOW FROM _ 10I0II02 __ 10101103 X WC BTg7L' OTH� Y LIMITS ER E . EACH ACCIDENT $1,000,000 E. L. DISEASE - EA EMPLOYEd $1,000,000 OFFICERIMEMDER EXCLUDED? THE STATE COMP If yes, all under SPECIAL PROVISIONS below INSURANCE CO. E. L, DISEASE POLICY LIMIT $1,000,000 E OTHER COMMERCIAL C1063262301 12119102 12119/03 $2,529,747 MAX LIMIT INLAND MARINE EQUIP. FLOATER $5,000. DEDUCTIBLE DESCRIPTION OF OPERA TONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ALL OPERATIONS USUAL TO THE NAMED INSURED. RE: TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL THE CITY OF NEWPORT BEACH, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS ARE (See Attached Descriptions) CITY OF NEWPORT BEACH 3300 NEWPORT BLVD Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ROWHPAARXRMAIL _ in DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AI(T(6AlOtA9fRAJ0A760WIl ACORD 25(2001108)1 of 3 #S287891M28602 // LOC i DESCOPTIONS (Continued from Poe 1) NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE GENERAL LIABILITY SECTION PER CG20101185, OUR POLICY IS PRIMARY NON- CONTRIBUTORY PER STF22300F,DESIGNATED INSURED IN REGARDS TI THE COMMERCIAL AUTO SECTION, WAIVER OF RIGHTS OF RECOVERY FORM ALSO ATTACHED. 10 DAYS NOTICE OF CANCELLATION IN THE EVENT OF NON - PAYMENT. AMS 25.3 (2001108) 3 of 3 #S28789/M28602 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001106) 2 of 3 • POLICY NUMBER. SCO229510806 9 COMMERU AL GENERAL LIABILI l y T41S EN DORSE"l;EN T CHANt -FS t i4P POLICY. P L=ASF READ CAREF; ii ; V ADDITIONAL INSURED — OWN FRS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: %OMMERCIAL GENERAL LIABiLi i T COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS (if no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to*this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" for that insured by or for you. WHERE REQUIRED BY WRITTEN CONTRACT CG 20 10 1! 85 Copyright. Insurance Services Office, Inc.. 1984 0 0 0 1!Y�UKGJ: n1L V„ttL_J! '_UIVI KHI,l1!YU, 11V:,. ..... _.._.. ..__.. ., !AG;LM, :)nl llv . r/\ sr: L^ n D !T : .�..n:_' AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAB!UTY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. "WHERE REQUIRED BY WRITTEN CONTRACT" SUBJECT TO $10,000,000 AGGREGATE LIMIT PER POLICY PERIOD CG 25 01 i 1 85 Cnnvri2ht. insurance Services Office. inc.. 1994 0 0 POLICY NUMBER: SCO229510806 COMMERCIAL GENERAL LIABILITY n.. nr ^' H 0!!nv !, EA rAV[T nn REFUL y �...r €w�n(5.3CCi.nGAi 1.nANi.r, i iic w�ia..,_ rL�n : RE: .. t.x c�L.. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CON T RACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, EMPLOYEES AND VOLUNTEERS (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. WHERE REQUIRED BY WRITTEN CONTRACT. 4 12 0 c tac.. 1984 �V Z� 8_ CoDyrighi. in3iir S�iEe S2r'v iCc> v��.,.c. 0 Non- Premium Endorsement ® Steadfast Insurance Company SCO229510806 1 1 HILLCREST CONTRACTING, INC. Policy Period: 75409000 .12/19/02 PRIMARY INON -CONTRIBUTORY INSURANCE ENDORSEMENT In consideration of the payment of the premium, it is hereby understood and agreed that Section 5, Other Insurance of Provisiort IV, Conditions, is deleted in its entirety and replaced by the following: 5. Other Insurance: When both this insurance and other insurance apply to a loss on the same basis, whether the other insurance is stated as primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. if all -"of such other valid and collectible insurance provides for contribution. by equal shares, the company shalt not be fiable for a greater proportion of such share until the share of each insurer equals the lowest applicable limit of.liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the retraining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Umits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. Notwithstanding the foregoing, the company agrees that such insurance as is afforded by this policy for the benefit of certificate holders included as persons insured shall be primary and noncontributing insurance, but only as respects a claim, loss or Iiabifity arising out of insured operations or work on behalf of the named insured performed under a written contract between the named insured and certificate holder that requires the named insured to maintain such primary and noncontributory insurance and to include the certificate holder a a person insured thereunder. Signs of Amiatized Seritative ARROYO IN SERVICE/ CARTER SALISSUR INS. BROKERS S�7 f (ST)IAA, Steadfast Insurance Comoanv FOUCY NUMBER: SCO229 *05 • COMMERCIAL AUTO Cc 5).G.49 4112 a.a THIS HN- DO?CF I : ?IT r :Airr c THE POLICY. PLEBS_ Rc rl-, r, Y r I.�c FLLL.v r . DF—siG'N'A 1 Cil Di\i. -I -K --afJ This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective; I Co ntersigned By: 1/28/03 Named Insured: 1HILLCREST CONTRACTING,. INC /ROS MAR EQUIP. (Authorized Repres ntatve)� SCHEDULE Name of Person(s) or Organization(s): THE CITY OF NEWPORT BEACH, ITS OFFICERS, EMPLOYEES, AND VOULNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is-An 'insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc,, 1998 Page 1 of 1 CNA MA4x1rCw�ah�� POUGY 1`! °E' 1044747153 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFLILLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS. This endorsement modifles insurance provided under the following: Business Auto Coverage Forty Garage Coverage Form Truckers Coverage Form Schedule Name of Person or Organization: SEE BELOW (If no entry appears above, information squired to.complete this endorsement will be shown in the Declaration as applicable to this endorsement) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for the Injury or damage. This Injury or damage must arise out of your activities under a contract with that person of organization_ The waiver applies only to the person or organization shown in the Schedule. THE CITY OF NEWPORT BEACH, ITS OFFICERS, EMPLOYEES, AND VOLUNTEERS This endorsement is a part of your policy and takes effect on the effective daze of your policy, unless another effective date is shown below. Mar se Complerai Ca P wf Ono' WAM TAIS Ltd& enev rs.VW AWA w*k the PV4" I I I 0_ r IS Abt !0 IX Effmove Htlt the miu _ �Fletli Na PO4JCY !IO. iSS.T,.D I .O iFeCTE DATE OF „n 0F 3 9 SCQ229510806 HILLCREST CONTRACTING, INC, 1/28 % 1l n.lA-- CNA n:AX,*C .Y.ataVY.%9"c' 9.231 BEA (Ed. 05789) ARROYO INSURANCF SFRVICI -S Date: Jan 28, 2003 The City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca. 92658 Re: Insured: Hillcrest Contractin Inc. Company: Steadfast /Zurich American Insurance Company of Illinois Policy # SCO229510806 -berm: 12/19/02 to 12/19/03 Company: Royal Insurance Company of America Term: 12/19/02 to 12/19/03 Policy No.: P2HA208027 Gentlemen; CITY OF NEWPORT BEACH, etal , for certain work performed by the above captioned insured requires the cancellation wording for their certificate of insurance be amended to exclude the "Endeavor to ........... But failure to ............... wording contained in the cancellation clause. It is agreed and understood that, in the event of cancellation or non - renewal, Carter Salisbury insurance Brokers will advise CITY OF NEWPORT BEACH, etal . and will not be the responsibility of Steadfast/Zurich American Insurance Company of Illinois, or Royal Insurance Company of America. Very truly yours, George B lisbury. MBA. C'PCU.CLU. M. Carter Salisbury Insurance Brokers 1414 Fair Oaks Avenue Suite 6, South Pasadena, Ca 91030 (626)799 -9557 (323)682 -3711 Fax: (626)441 -3809 Web Site: www.an'oyoinsurance.com . Licenses # 0735912 & 0556538 FEB -06 -2003 THUrr 002f 11 PM /C'AL SURANCE FAX N0. 7149391654 Fax �`t t " Co `7 3( (S • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: �.S- D 3 Dept. /Contact Received From: Date Completed: - (P "'D 3 Sent to: F5'(it 4AA_,jn c_ Company /Person required to have certificate: l L I I Cr .�d- I. By. P. 01 /01 GENERAL LIABILITY A. y INSURANCE COMPANY: Q B. AM BEST RATING (A: VII or greater): A-')(' C. ADMITTED Company (Must be California Admitted): Is Company in California? Yes ❑ No admitted D. LIMITS (Must be $1M or greater): What is limit provided? Oti MN? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? `Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its Is it included? �'es C1 No G. officers, officials, pmpl�eesand volunteers): PRIMARY & NO CONTI MAY WORDING (Must be included): -1 Is k included? [ Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes �<No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II, AUTOMOBILE LIABILITY A. INSURANCE COMPANY: H"Vn9,'1 CO3A S B. AM BEST RATING (A: VII or greater) l a- k C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in Califomia? ( Nes ❑ N D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, mployees anp volunteers): Is it included? Yes ❑ No — rnSSSrn F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: St B. AM BEST RATING (/i VII or greater): _ C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? W Is it included? Yes ❑ No ❑ Yes No G L�F-- 1 �� 1 n _S 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL. TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: 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 except that material supplied by the City and shall perform all work required to complete Contract No. 3587 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ rU )� 4 13611ars and Cents $ 9 *0,X Per Lump Sum 2. Lump Sum Traffic Control @ 0 ".rd Dollars and �e2J Cents Per Lump Sum $ '5-y x oy 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 Q ,a N 7 Lump Sum Traffic Signal Installation @ Sage Hill School /Newport Coast Drive Imo @ S A�u-•-dam Dollars and Zc°sz�� Cents Per Lump Sum Lump Sum Traffic Signal Installation @ Gas Recovery Plant Access Road /Newport Coast Drive @ i'iv e r6 Dollars and 2t'a� Cents Per Lump Sum Lump Sum 400 TN 10,100 S.F Surveying Services (Twelve- 14'c,v/avd Dollars and Cents $ CPM). �o $ 1,:eoUO Per Lump Sum 6 -inch AC Pavement Section @� Dollars and 1 Cents $ C) 0 $3• Per Ton Unclassified Excavation @ ONE Dollars r and r Cents Per 9quar& Foot 8. 710 TN Crushed Aggregate Base @ ,u eti Dollars and Z Cents Per Ton $ 1, Lo $ �% &Pub .. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Traffic Signal Installation @ Sage Hill School /Newport Coast Drive �sz 17%-eJccS Dollars and Zegy Cents $ llady -otJ $ z-600Zo Per Lump Sum 4. Lump Sum Traffic Signal Installation @ Gas Recovery Plant Access Road /Newport Coast Drive Dollars and Gov Cents $A__ _0 $ q,a ,dt� Per Lump Sum 5. Lump Sum Surveying Services (� �i ile(y2v�la� Dollars �a� and Z Cents $ CA-V- a6 $7,15;rjOb Per Lump Sum 6. 400 TN 6 -inch AC Pavement Section @ FiLf' Dollars and v - Cents $,,51,0 0 $ -04 c —Pe Per Ton 7. 10,100 S. F. Unclassified Excavation @ 01Vf, Dollars and r Cents Per qquar6 Foot 8. 710 TN Crushed Aggregate Base @ -7�y Dollars and Cents $ motel /: _ $ Per Ton 0 i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum Signing, Striping, Pavement Markers and Markings @ Bt Se, /e � Dollars and a f) Cents $ o�70,oD $ ,6 Per Lump Sum 10. 190 L.F. 6 -inch AC Dike — Type A @ j��e- Dollars and Ze4uJ Cents $ 024)D $ �L ,00 Per Linear Foot 11. 38 L.F. Construct Type A Curb and Gutter (18 -inch Gutter) @ �x-7�y >L� ✓Q Dollars and Cents $ $ 2iw OD Per Linear Foot 12. Lump Sum As -built Plans @ NC3ir'r� Dollars and Z ew C) Cents $ AV4de $ IG2e,dC) Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents January 13, 2003 Date 909/273 -9600 909/273 -9608 Bidder's Telephone and Fax Numbers 471664 A Bidder's License No(s). r rs $ 1414 zAP,C0 Total Price (Figures) HILLCREST COTRACTING, INC. Bidder Bidder's Authorized Signature and Titlu GLENN J. SALSBURY, PRESIDEN2' 1467 Circle City Drive Bidder's Address Corona, CA 92879 -1668 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -8 COMPLETION AND ACCEPTANCE 6 -9 LIQUIDATED DAMAGES 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 5 5 4E 5 5 5 5 6 6 6 6 7 7 7 7 7 8 9 9 9 9 9 9 9 9 10 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.8 Steel Plates 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.1 General 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment SECTION 200 ROCK MATERIALS 200 -2 UNTREATED BASE MATERIALS 200 -2.2 Crushed Aggregate Base 200 -2.2.1 General SECTION 214 PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS 214-5 REFLECTIVE PAVEMENT MARKERS PART 2--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion 4 4 4 4 4 5 5 4E 5 5 5 5 6 6 6 6 7 7 7 7 7 8 9 9 9 9 9 9 9 9 10 0 0 SECTION 302 ROADWAY SURFACING 10 302 -5 ASPHALT CONCRETE PAVEMENT 10 302 -5.1 General 10 302 -5.4 Tack Coat 10 SECTION 310 PAINTING 10 310 -5 PAINTING VARIOUS SURFACES 10 310 -5.6 Painting Traffic Striping, Pavement Markings, & Curb Markings 10 310 -5.6.7 Layout, Alignment and Spotting 10 310 -5.6.8 Application of Paint 10 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 11 312 -1 PLACEMENT 11 SECTION 86 SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 11 86 -1 GENERAL 11 86 -1.03 Equipment List and Drawings 12 86 -1.06 Scheduling of Work 12 86 -2 MATERIALS AND INSTALLATION 13 86 -2.03 Foundations 13 86 -2.04 Standards, Steel Pedestals, and Posts 13 86 -2.05 Conduit 13 86 -2.06 Pull Boxes 13 86 -2.08 Conductors and Wiring 14 86 -2.10 Bonding and Grounding 14 86 -2.11 Service 14 86 -2.14 Testing 14 86 -3 CONTROLLER ASSEMBLIES 15 86 -3.06 Type 90 Controller Assembly /Bike Timing Logic Assembly 15 86 -3.07 Controller Cabinet 17 86 -4 TRAFFIC SIGNAL FACES AND FITTINGS 17 86 -4.01 Vehicle Signal Faces 17 86 -5 DETECTORS 17 86 -5.01 Vehicle Detectors 17 86 -6 LIGHTING 17 86 -6.01 High Pressure Sodium Luminaires 17 86 -6.01A Ballasts 18 86- 6- 01A(1)a Lag -Type Regulator Ballasts 18 86- 6.01A(1)b Lead -Type Regulator Ballasts 19 86 -6.07 Photoelectric Control 19 0 0 OPTICOM PRIORITY CONTROL SYSTEM SELF - ILLUMINATING STREET NAME SIGN BATTERY BACKUP PART 3 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements 19 20 20 20 20 20 20 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL CONTRACT NO. 3587 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5809 -S); (3) Caltrans Standards 1999; (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, traffic signals and appurtenances, A.C. berm, roadway construction, and complete all other items of work as required in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor will provide construction staking as required to construct the improvements. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." The cost of filing corner records shall be borne by the Contractor. 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall SP -1 have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SP -2 i • SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work and the traffic control plan have been approved by the Engineer. The Contractor shall submit a construction schedule and the traffic control plan to the Engineer for approval a minimum of five working days prior to the pre- construction meeting. Schedule may be bar chart or CPM style and shall have included all construction work to be done. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. " (Excluding the installation of permanent pavement striping and markings) It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), the fourth Friday in November (day after Thanksgiving) and December 25th (Christmas). 6 -7.4 Working Hours. Normal working hours are limited to 8:00 A.M. to 4:00 P.M. Monday through Friday. SP -3 • • Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -8 COMPLETION AND ACCEPTANCE. The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall guarantee for a period of at least one year, after acceptance of the work by the City, all materials and workmanship against any defects whatsoever. Any such defects shall be repaired at the Contractor's expense. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed, City forces will perform all shut downs of water facilities. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this Section, "Each work location shall be cleaned and barricaded at the end of each day until the Work is completed." SP -4 0 0 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the Irvine Ranch Water District (IRWD) water, he shall arrange for a meter and tender a $700 meter deposit with IRWD. Upon return of the meter to the IRWD, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." All water used during construction will be paid for by the Contractor including water for flushing and pressure testing all lines. 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, or onto the beach." 7 -8.8 Steel Plates. The City may be able to provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402 to make arrangements. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The Contractor is hereby advised that the City work under this contract adjoins private properties. The Contractor shall be responsible for the in -kind repair of any and all private properties damaged during the course of the Work, to the satisfactory of the Engineer. The Contractor is advised to photograph the private improvements adjacent to the Work for record and future references." Add the following to the first sentence of the second paragraph after "e.g. ", "curb drains and private irrigation lines." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials shall not be stored in streets, roads, or sidewalk areas." In addition, the contractor shall locate a staging area for the engineer's approval prior to mobilization. 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, "The Contractor shall submit traffic control and detour plan(s) for each phase of work to the Engineer and it shall conform with the provisions of the W.A.T.C.H. Such plan(s) shall be submitted to the City at least five (5) working days before the pre - construction meeting and shall be signed by a registered Traffic Engineer and shall include the following: SP -5 • i 1. Access and Traffic Controls Access to all side streets, and service driveways shall be maintained at all times. Emergency vehicle access shall be maintained at all times. The location and wording of all barricades, signs, delineators, lights, warning devices, and any other details required shall assure that all pedestrian and vehicular traffic will be handled in a safe an efficient manner with minimum inconvenience to the public. All advanced warning sign installations shall be reflectorized and /or lighted. The Contractor shall provide solar - powered arrowboards and uniformed flagpersons to direct traffic through all construction areas at all times. 2. Traffic Through and Turn Lanes The Contractor shall maintain at least one (1) traffic lane in either travel direction during working hours. Two traffic lanes shall be maintained during non -work hours (in each direction). 3. Parking No on- street parking exists along Newport Coast Drive within the project limits. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: 'The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or "C -10" License. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. Mwr SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, scheduling of equipment and materials, preparation of the Storm Water Prevention Pollution Plan, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications, posting of signs, preparation of traffic control plans prepared and signed by a California licensed traffic engineer, the placement, maintenance and removal of signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons, and furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. and City of Newport Beach Requirements. Item No. 3 Traffic Signal Installation (Intersection of Newport Coast Drive and Sage Hill School Driveway): Work under this item shall include, but not be limited to, hauling City- furnished material to project site, installing traffic signal controller cabinet, complete, traffic signal poles, signal heads, Opticom Emergency Vehicle Preempt Equipment, traffic loops, luminaries, conduit, wiring, pull boxes, self - illuminating street name sign, and all other work necessary to install traffic signals at the Newport Coast Drive /Sage Hill School Driveway Intersection. All equipment and materials shall be furnished by the Contractor except poles and all controller cabinets. (Pole foundations are existing). Item No. 4 Traffic Signal Installation (Intersection of Newport Coast Drive and Gas Recovery Plant Access Road): Work under this item shall include, but not be limited to, hauling City- furnished material to project site, installing traffic signal controller cabinet, complete, traffic signal poles, signal heads, Opticom Emergency Vehicle Preempt Equipment, traffic loops, luminaries, conduit, wiring, pull boxes, self - illuminating street name sign, and all other work necessary to install traffic signals at the Newport Coast Drive /Gas Recovery Plant Access Road Intersection. All equipment and materials shall be furnished by the Contractor except poles and all controller cabinets. (Pole foundations are existing). SP -7 0 0 Item No. 5 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of comer records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item 'No. 6 6 -inch AC Pavement Section: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, construction of the A.C. section, compaction, and all other work as required to complete the work as shown on the Plans, in accordance with the Standard Specifications and as directed by the Engineer. Item No. 7 Unclassified Excavation: Work under this item shall include min. 12 -inch full- depth sawcuts, removal and disposal of existing A.C. and P.C.C. pavement, drying operations, compaction, and all other paving preparatory work as required prior to the placement of AC leveling course. Item No. 8 Crushed Aggregate Base: Work under this item shall include all subgrade and /or aggregate base and compaction required for constructing the roadway improvements. Payment for the placement of existing material excavated on site shall be paid at the rate of of the unit bid price for this item. Item No. 9 Signing, Striping, Markers and Markings: Work under this item shall include placement and removal of traffic signs, temporary striping, thermoplastic traffic striping, pavement markers, and all work necessary to install traffic signing, pavement markers, pavement markings, and traffic striping complete and in place per the plans. Item No. 10 6 -inch AC Dike (Caltrans Type A): Work under this item shall include asphalt, tack, and all labor and materials to place A.C. Dike as necessary as shown on the plans. Item No. 11 Construct Type A Curb and Gutter (18 -inch Gutter): Work under this item shall include all labor and material necessary to construct Type A Curb and Gutter complete in place as shown on the plans. Item No. 12 As -Built Plans: Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SECTION 200 - -- ROCK MATERIALS 200 -2 UNTREATED BASE MATERIALS 200 -2.2 Crushed Aggregate Base 200 -2.2.1 General. Crushed aggregate base shall consist entirely of crushed rock and rock dust conforming to the requirements of 200 -1.1 and 200 -1.2. SP -8 r L_ 0 SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass - covered reflective faces or be 3M Series 290. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words " 1 Yz inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said 0 9 tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: 'The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. No recycled materials will be allowed for this project. All cracks 1/8 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of SP -10 0 0 work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The Contractor shall install raised pavement markers until after the pavement finish course has been placed for at least 15 days." SECTION 86 - -- SIGNALS, LIGHTING, AND ELECTRICAL SYSTEMS General The Contractor shall furnish all tools, equipment, except that furnished by the City, materials, supplies, and manufactured articles and shall perform all operations necessary to construct traffic signal and street lighting facilities as shown on the drawings and as specified herein. Reference Specifications and Standard Plans (1) Standard Specifications - Except as modified herein, materials and installation shall conform to the California Standard Specifications, July 1999. All references in this section to Standard Specifications shall be understood to be referenced to the California Standard Specifications. (2) Standard Plans - Except as modified herein, all references in this section to Standard Plans shall be understood to be referenced to the California Standard Plans, July 1999. (3) Codes. Ordinances and Regulations - All electrical materials and equipment furnished and installed under this section shall conform to the referenced regulations and codes specified in Section 86 -1.02 of the Standard Specifications, and to all other ordinances and regulations of the authorities having jurisdiction. (4) When reference is made to the Code, Safety Orders, General Orders, or Standards, reference shall be construed to mean the Code, Order or Standard in effect on the date set for receipt of bids. SP -11 0 Description 0 Furnishing and installing traffic signals and highway lighting systems and payment therefore shall conform to the provisions in Section 86, Signals and Lighting, of the Standard Specifications and the Standard Plan of the State of California, Department of Transportation, dated July 1999, and these Special Provisions. Equipment List and Drawings The controller cabinet schematic wiring diagram and intersection sketch, to be mounted on the cabinet door (24" x 36 "), shall be combined into one drawing so that, when the cabinet door is open, the drawing is oriented with the intersection. The Contractor shall furnish two maintenance manuals for all -new controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers, furnished by the Contractor. The maintenance manuals and operation manuals may be combined into one manual. The maintenance manuals or combined maintenance and operation manuals for controllers shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manuals shall include but need not be limited to, the following items: (1) Specifications (2) Design characteristics (3) General operation theory (4) Function of all controls (5) Trouble- shooting procedure (diagnostic routine) (6) Block circuit diagram (7) Geographical layout of components (8) Schematic diagrams (9) List of replaceable component parts with stock numbers Furnish one reproducible, in addition to the required five sets, of the cabinet schematic wiring diagram (cronoflex or sepia mylar). Scheduling of Work The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment. Above - ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Aboveground signal work shall be scheduled such that the signal turn -on shall occur within 15 days of the pole installation. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. SP -12 • 1& All striping, pavement markings, and signing shall be in place prior to signal turn -on and /or opening of street to public travel. Prior to installation of signal detector loops, the location of proposed striping and crosswalks shall be marked in the field for approval by the Engineer. 86 -2 MATERIALS AND INSTALLATION 86 -2.03 Foundations Traffic signal pole foundations exist in field at the Newport Coast Drive /Sage Hill School Driveway and the Newport Coast Drive /Gas Recovery Plant Access Road intersections. 86 -2.04 Standards, Steel Pedestals, and Posts Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted. 86 -2.05 Conduit Non - metallic type conduit shall not be required. Insulated bonding bushings will be required on metal conduit. After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for size hole required. 86 -2.06 Pull Boxes Grout in bottom of pull boxes will not be required. Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Pull boxes, pull box covers, and pull box extensions shall be concrete. Standard Plan Drawing ES -8, Pull Box Details, Note 4 -a.5 and b.10, shall not apply to this project. 86 -2.08 Conductors and Wiring Conductors shall be spliced by the use of C- shaped compression connectors, as shown on the plans. Splices shall be insulated by Method B. Subparagraph 5, of the first paragraph of Section 86- 2.09D, Splicing, of the Standard Specifications is deleted. SP -13 The eighth paragraph in Section 86 -2.14, Functional Testing, of the Standard Specifications, is amended to read: °A shutdown of the electrical system resulting from damage caused by public traffic or from interruption shall not constitute discontinuity of the functional test." Turn -on of the new traffic signal shall be prior to 12 noon and shall not be on, nor shall the functional test start on a Friday, Saturday, Sunday, holiday, or any day preceding a holiday. The Traffic Engineer shall be notified at least forty -eight (48) hours prior to the intended turn -on. Turn -on shall be scheduled only for the hours between 9 AM and 12 noon. If the scheduled turn -on cannot be completed before noon, it shall be rescheduled subject to the limitation of this section. All signal heads and pedestrian heads shall remain covered prior to signal turn -on. A knowledgeable representative for the manufacturer or distributor of the traffic signal control equipment shall be present for the activation, and for a reasonable period of time thereafter, as determined by the Engineer. If the representative for the manufacturer or distributor is not qualified, or authorized, to work on the control equipment, the Contractor shall arrange to have a so- qualified signal technician, employed by the controller manufacturer or his representative, present at the time the equipment is turned on. 86 -3 CONTROLLER ASSEMBLIES 86 -3.06 Type 90 Controller Assembly /Bike Timing Logic Assembly Type 90 controller assembly shall be an 8 -phase Multisonics 820A Controller compatible with the City's VMS System, complete with integral time base coordination capability, in a Type P cabinet. The controller and cabinet shall include, but not be limited to, the following: (This list may vary depending on location.) 1 ea. Model 820A Controller 1 ea. P44 Cabinet 1 ea. 820A D Panel 1 ea. LCD -12P Conflict Monitor 1 ea. Detector Rack w/12 Model 262FC -1 Detectors 12 ea. Loadswitches 1 ea. Flasher Unit 4 ea. Flash Transfer Relay 1 ea. 12 Pair Interconnect Block 1 ea. Bike Logic w /P26 Cable 1 ea. TLS Panel w /Harness 2 ea. Model 754 Opticom Phase Selector SPA 5 0 9 The convenience receptacle shall have ground -fault interruption as defined by the Code. Circuit interruption shall occur on 6 milliamperes of ground -fault current and shall not occur less than 4 milliamperes of ground -fault current. Bicycle Timing Logic Package A special external bicycle timing logic package shall be provided in the traffic signal controller cabinet. For each phase on which bicycle push buttons are used, the bicycle timing logic package shall have a separate solid state circuit with a solid state timer capable of an adjustable timing period from 0 to 16 seconds and a display lamp. The lamp shall indicate when a bicycle push button call has been registered and shall remain on until the bicycle timing described below has been completed. Actuation of a particular bicycle push button will activate its respective bicycle timing circuit which shall place and hold a vehicle call on the associated vehicle phase as specified below. For actuations received during the yellow or red interval of the phase, the bicycle timing circuit shall place and hold the vehicle call until the start of the next green interval for the phase. At the start of the next green interval, the vehicle call will continue to be held until the present time on the adjustable time has timed out. For actuations received during the green interval of phase, the bicycle timing shall begin immediately and the bicycle timing circuit shall place and hold the vehicle call during the bicycle timing provided that bicycle timing has previously occurred during that same green interval. Actuations received during the green interval while the bicycle timing is in effect, or after the bicycle timing has been completed, will not be remembered or carried over to the next cycle. The bicycle timing shall be totally independent of the controller timing and the removal of the bicycle timing logic package shall not affect the normal operation of the controller. If vehicles or pedestrians are also placing calls on the phase that has received a call from the bicycle timing circuit, then either the vehicle time, pedestrian time, or the bicycle time, whichever is longest, shall be in effect during the time the affected phase is being serviced. The bicycle timing logic package shall be provided in a separate shelf- mounted housing, and the individual timing circuits for each of the individual phases shall be in the same housing and shall be connected by a NEMA- approved connector and harness. 86 -3.07 Controller Cabinet The cabinet shall have rigid inside angle arms for anchoring it to a base. Angle arms shall be aluminum alloy 5052 minimum of 0.125 -inch thickness and minimum width of 2.5 inches by 2.5 inches. SP -16 0 • 86 -4 TRAFFIC SIGNAL FACES AND FITTINGS 86 -4.01 Vehicle Signal Faces All indications shall be LED units and shall meet the current State of California Department of Transportation (CALTRANS) Specifications. Signal section housings shall be metal type and furnished by the Contractor. New heads shall be furnished by the Contractor with the LED units installed. 86 -5 Detectors 86 -5.01 Vehicle Detectors Loop detector sensor units will be Type B (2 or 4 channel). Loop wire shall be Type 1. Lead -in wire cable shall be Type B. The Contractor shall test the detectors with motor - driven cycle, as defined in the California Vehicle Code that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor - driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number of sensor units and lead -in cables required to achieve the specified detection shall be installed. 86 -6 LIGHTING 86 -6.01 High Pressure Sodium Luminaires Luminaires shall be the full -cutoff type. Glare shields are not required on semi -cutoff or full -cutoff luminaires. Each luminaire shall be die -cast aluminum, (86- 6.07A) with integral regulator ballast and Type IV photoelectric control for use in multiple 120V circuit. The optical assembly shall provide true 90- degree cutoff and shielding (without external glare shield) and shall consist of a glass or glass- coated gasket reflector; a heat and impact resistant flat glass lens; and porcelain - enclosed mogul multiple screw shell socket with lamp grips. The optical assembly shall contain activated charcoal filter, which prevents particulate and gaseous contamination. All luminaires shall be General Electric M -250A2 series 250W OR 200W (see plans) HPS with light distribution M -C -3, approved equal, or as shown on the approved plans. SP -17 86 -6.01A Ballasts The twelfth paragraph in Section 86- 6.01A, High- Intensity- Discharge Lamp Ballasts, of the Standard Specifications is amended to read: "Ballasts for luminaires to be mounted on mast arms, brackets, or lowering assemblies shall be the regulator type and shall be located within the luminaire housing. The ballast for each horizontally mounted luminaire shall consist of components mounted on a down - opening door. The door shall be hinged and secured to the luminaire housing separately from the refractor or flat lens frame. The door shall be easily removable and replaceable. The door shall be secured to the housing in a manner to prevent its accidental opening when the refractor or flat -lens frame is opened." Regulator Type Ballasts, of the Standard Specification is amended to read: "Regulator -type ballasts shall be lag -type or lead -type and shall conform to the following: 86- 6.01A(1)a LAG -TYPE REGULATOR BALLASTS Each lag -type regulator ballasts shall have the primary and secondary windings electrically isolated and, when operated with the appropriate lamp shall have the following characteristics and shall maintain the following lamp operations: 1. The power factor shall be not less than 90 percent throughout the life of the lamp at nominal line voltage with the nominally rated reference lamp. 2. Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 18 percent, 10 percent input voltage variation. 3. For nominal input voltage and lamp voltage, the ballasts design center shall not vary more than 7 -112 percent from rated lamp watts. 4. The ballasts shall be designed so that a capacitance variance of 6 percent will not cause more than a 8 percent variation in lamp wattage regulation throughout rated lamp life for nominal input voltage. 5. The lamp current crest factor shall not exceed 1.8 for input voltage variation of 10 percent at any lamp voltage from initial thorough life. SP -18 9 • 86- 6.01A(1)b LEAD -TYPE REGULATOR BALLASTS Each lead type regulator ballast (CWA- constant wattage autoregulator) shall, when operated with the appropriate lamp, have the following characteristics and shall maintain the following lamp operation: 1. The power factor shall be not less than 90 percent when the ballast is operated at nominal line voltage with a nominally - rated reference lamp. 2. Lamp wattage regulation spread at any lamp voltage from nominal through life shall not vary by more than 30 percent for 10 percent input voltage variation. 3. For nominal input voltage and lamp voltage, the ballast design center shall not vary by more than 7 -112 percent from rated lamp watts. 4. The ballast shall be designed so that a capacitance variation of 6 percent will not cause more than an 8 percent variation in lamp wattage regulation throughout rated lamp life for nominal input voltage. 5. The lamp current crest factor shall not exceed 1.8 for input voltage variation of 10 percent at any lamp voltage from initial through life." 86 -6.07 Photoelectric Controls Type IV photoelectric controls shall be provided on each luminaire. OPTICOM PRIORITY CONTROL SYSTEM Emergency Vehicle Pre -empt systems are to be furnished and installed by the Contractor except the Model 754, phase selector units and Model 760 rack, as manufactured by 3M Company, shall be furnished in the new controller cabinets. Model 722 Optical Detector units, as manufactured by 3M Company, shall be furnished by the Contractor and installed at locations indicated on the plans. Model 138 Optical Detector Cable, as manufactured by 3M Company, shall be furnished and installed by the Contractor. If non -3M Company Equipment shall be proposed, the equipment shall be capable of logging up to 100 events, including user classification, vehicle identification number from among up to 20,000 vehicles, time of priority, elapsed time in priority phase, direction of priority phase, and total duration of priority. The equipment shall be fully compatible and interchangeable with 3M hardware indicated above. The event log shall be retrievable using PC software and hardware intended for use with 3M Model SP -19 0 0 722 Optical detector units. Equipment shall be tested by a representative of the manufacturer at date of turn on. SELF - ILLUMINATING STREET NAME SIGNS Self- illuminating Street Name Signs shall be Uniglobe Technology, Inc. #SD1872 (not wired for electricity) or equal. BATTERY BACKUP Battery backup will be supplied and installed by the City. Contractor to coordinate installation with his operations. PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base material." SP -20 ?,r� rl 0 "RECEIVED AFTER AGENDA 136�� ' CITY OF NEWPORT BEACH PRINTED:" CITY COUNCIL STAFF REPORT Addendum to Agenda Item No. o� January 28, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Richard M. Edmonston, P.E. 949 - 644 -3311 rdmonston @city. newport- beach. ca. us SUBJECT: ADDENDUM TO SAGE HILL TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL REPORT DISCUSSION: The initial staff report did not discuss why the buget amendment requests substantially more money than the amount of the contract to be awarded. This project was inadvertently left out of the CIP budget approved by the City Council in June of 2002 even though work on the project was underway as early as February 2002. The access for Sage Hill School was approved by the County of Orange with an acknowledgement that it might not be adequate and would be subject to further review at the time the School completed construction of all the buildings on the campus. Shortly after the School opened, it was clear that left -turn access to the site was limited and potentially unsafe. Students and staff approaching the school from the north must drive past the school and make a U -turn. The School was required to construct the signalized U -turn at San Joaquin Hills Road, but that location is over half a mile away. Most of the drivers make the U -turn at the currently unsignalized intersection of the access road to the Bonita Canyon Landfill site. Traffic leaving the school must make a right turn and then a U -turn and many are choosing to make this turn through the existing dirt median. Due to the minimal experience drivers have in gauging approaching traffic with speeds as high as found on Newport Coast Drive, it was decided that some form of signalized controls was highly desirable to increase the safety of those using the School. As an interim measure, a flashing beacon with a warning sign was installed facing northbound traffic on Newport Coast Drive. Staff retained a consultant to begin design and initiated discussions with both Sage Hill School and The Irvine Company to solicit funding participation for the improvements. Sage Hill School provided a letter agreeing to reimburse the City for 25% of the costs, SUBJECT: Name of Contract, Cc No. xxxx - Completion And Acceptance • Date Page 2 and asked to make three installment payments beginning two years after the project is complete. No agreement on financial participation was reached with The Irvine Company despite the fact that more than $3,000,000 is included for the widening of Newport Coast Drive from San Joaquin Hills Road to the Toll Road (including the signal at the landfill) in Assessment District No. 01 -1 approved by the County last March. The design of the improvements took longer than anticipated due to the lack of available "As Built" plans for Newport Coast Drive, including numerous underground utility systems. Because of this delay, it was decided to pre -order the key components of the traffic signals to shorten the contract time period. The signal poles often take up to four months to fabricate and the controller cabinets can take two to three months for delivery. Another cost that has been incurred was to pot hole the locations of the large signal poles to make sure there were no utilities or other obstructions in the way. It was determined to be cost effective to have the pot hole contractor install the pole foundations at the same time. The costs incurred to date are as follows: Design $14,400.00 Foundations $11,544.00 Poles $17,946.45 Cabinets $48,037.38 Flashing Beacon $ 1,727.23 Misc Expenses $ 91.15 Total $93,746.21 The signal poles were delivered this week and the controller cabinets are completed and are ready for pick up by the Contractor. The delivery of these key components allows the construction period to be reduced to 40 working days from issuance of the Notice to Proceed. The project should be completed around the middle of April. Prepared by: Submitted by: Richard M. Edmonston, P.E. tephen G. Badum Transportation & Development Services Manager Public Works Director Z w O U w GPI : f�.•h.- fl:.. 111..i1i14� ill l{� W I� ' I �.4 ¢Q :1�1 17 (a: nill 1 4 L I f Y' 4 1 r Y 1•,`i� � :IrIY n W -.. ,, Z J 1 1.• I��'.4 fl J 1 , 'i I`I I j O I,, L11 v i a 1 I IIy E 0 LA Q U W DI O E CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT E Agenda Item No. 12 January 28, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers, Junior Engineer 949 - 644 -3311 bsommers@city.newport-beach.ca.us SUBJECT: TRAFFIC SIGNAL AND ROADWAY IMPROVEMENTS ON NEWPORT COAST DRIVE AT SAGE HILL SCHOOL - AWARD OF CONTRACT NO. 3587 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3587 to Hillcrest Contracting Incorporated for the Total Bid Price of $161,930, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $16,190 to cover the cost of unforeseen work. 4. Approve a Budget Amendment appropriating $300,000 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261- 05200702. DISCUSSION: At 11:00 A.M on January 16, 2003, the City Clerk opened and read the following bids for this project: BIDDER Low Ruiz Engineering Company 2 Hillcrest Contracting Incorporated 3 GMC Engineering Incorporated 4 R.J. Noble Company 5 Steiny and Company Incorporated 6 EC Construction Company 7 Pete & Sons Construction Incorporated 8 GCI Construction Incorporated 9 Macadee Electrical Construction 10 Inspection Engineering Construction 11 Beador Construction Company Incorporated TOTAL BID AMOUNT $160,496.30 $161,930.00 $166,326.00 $168,840.00 $169,176.90 $177,261.00 $181,845.00 $189,798.00 $194,860.00 $199,387.00 $217,300.00 * Corrected Bid Amount is $168,906.90 Subject: TRAFFIC SIGNAL ANNIOADWAY IMPROVEMENTS ON NEWPORTOAST DRIVE AT SAGE HILL SCHOOL - AWARD OF CONTRACT NO. 3587 Date: January 28, 2003 Page: 2 The low total bid amount is 44 percent below the Engineer's Estimate of $230,544. The low bidder, Ruiz Engineering Company, possesses a Limited Specialty Classification "A" contractor's license as required by the project specifications. The Ruiz Engineering Company bid packet has the following discrepancies: • City required form for Bidder's Bond not completed • No percentage shown for work by subcontractors • Unit price written in words does not match numerical unit price • No written bid total • No resume of superintendent Due to the above discrepancies, Staff recommends regarding the low bid as nonresponsive and awarding the contract to the second low bidder as the lowest responsive bidder. The second low total bid amount is 42 percent below the Engineer's Estimate of $230,544. The second low bidder, Hillcrest Contracting Incorporated, possesses a Limited Specialty Classification "A" contractor's license as required by the project specifications. Hillcrest Contracting Incorporated is currently the prime contractor on the Balboa Village Improvements Phase 2 Project. The Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School project consists of the following three main components: 1. Installation of a traffic signal at the Newport Coast Drive /Sage Hill Road intersection. 2. Installation of a traffic signal at the Newport Coast Drive /Gas Recovery Plant Access Road. 3. Roadway /Median Improvements to Newport Coast Drive from just north of the Sage Hill School access to the Gas Recovery Plant access. The traffic signal installation at the Newport Coast Drive /Sage Hill Road intersection will facilitate egress of school traffic by stopping Newport Coast Drive traffic to allow vehicles to exit the Sage Hill campus. Additionally, roadway /median improvements at this location will allow vehicles to exit the Sage Hill campus as a left -turn to southbound Newport Coast Drive, which is currently prohibited by a raised median. The signal installation at the Newport Coast Drive /Gas Recovery Access Road intersection will facilitate both entry to the Gas Recovery site and access to Sage Hill High School by stopping northbound Newport Coast Drive traffic and creating a protected left -tum /u -turn movement for southbound vehicles. Currently, southbound vehicles are permitted to make a left -turn or u -turn at this location when a sufficient gap Subject: TRAFFIC SIGNAL ANDMADWAY IMPROVEMENTS ON NEWPORT C07CST DRIVE AT SAGE HILL SCHOOL - AWARD OF CONTRACT NO. 3587 Date: January 28, 2003 Page: 3 in northbound Newport Coast Drive traffic exists. Additionally, this signal will control traffic leaving the Bonita Canyon Landfill site. As mentioned above, the contract will create a channel in the median at the Newport Coast Drive /Sage Hill Road intersection to allow vehicles to exit the campus as a left -turn to southbound Newport Center Drive. Southbound Newport Coast vehicles will continue to be restricted from making a left -turn movement into the Sage Hill campus due to the short traffic weaving distance between the northbound SR -73 off -ramp and Sage Hill Road. Additionally, the existing dirt inside shoulder of northbound Newport Coast Drive will be paved to match the existing travel -way. Proper signage and striping are included in the contract. Environmental Review: Staff has determined that the project is exempt from CEQA as provided for in Section 15061(b)(3) of the Guidelines, because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. The justification for this is the signal and its equipment are contained within the existing developed right -of -way of Newport Coast Drive, and its installation will provide safe access for Sage Hill High School, as well as persons traversing Newport Coast Drive. Public Notice: Not Applicable Geotechnical /Survey Services: Not Applicable Funding Availability: There are sufficient funds available in the unappropriated balance of the Transportation and Circulation Fund for this work. Upon approval of the Staff recommended Budget Amendment, the funds will be available in Account No. 7261- C5200702 (Sage Hill School Signal). The appropriation to this account will also be used for expenses incurred by the City in preparation for this construction contract. These items include signal design plans, conduit exploration, installation of foundations, controller cabinets, battery backup units, and signal poles. P _5r p ed by: rad Sommers Junior Engineer Attachments: Project Location Map Bid Summary Sub i d by- 8teph4n G. Badum Public Works Director ol Ii la t 41 41 'JA 2 U MW W O IL w W Z U. O H U 2 W a a w Y 2a U J m D a Z G < V O 0 m o� N N m E LLJ 1° F o � ui 2 U U O � � w o y � W W d U = Eo U U LL7 < O .. 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L) Q O N N 0 O 0 V 0 N O N A N A A O A O M N N N p CO,� CO A U ¢ N 2 0 So8008�000So U O N 88 0 0 0 A N N N O N O tD O O Z O N 0 0 0 00 oO S m 0 0 0 0 0 0 0 0 0 0 0 0 O O O7 0 0 0 0 N O 8 Z O m V W W A N in O o O N N N 6 O o g of m m N m� 0 0 A N N l7 th A N O N A pp m Q c .c W O O O O O O N O 0 0 0 0 C O O N V O t0 N O O N V O y z m A m o o v o C 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 F- 0 0 0 0 0 0 0 0 0 0? 0 0 Q Z 0 o 0 C 0 6 0 o 0 N 0 o 0 N e o O M v m o o N4 0 O W Q M N N W 0 0 0 0 0 0 0 0 0 0 0 0 z F 0 O 0 O 0 O 0 O 0 O 0 0 N 0 N 0 O 0 N 0 N 0 O Z O O O O N [7 W Z W � O N N N ' LU J J J J J H w J J J F fn H � o 7 C! N c m N U Y cm c a8 _ u v zz m Z O 0 m H m a U U o - v C c Uc c0 d c w E¢ 10 N o m m m LU p m m y a> > m a r U 2 N m ¢ o C C Z> o m X w v c m m a c m c m c N a d ._ m r m =Q ¢ mcgti'w_ 2a B 0 c a 2 c =S W N f7 < N fp A GD N O •- N F C E in • a v m m a Oy of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO, BA- 040 AMOUNT: $300,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School, C -3587. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Circulation and Transportation Description Description 7261 Transportation and Circulation C5200702 Sage Hill School Signal Financial Approval: Administrative Services Director Administrative Approve: City Manager City Council Approval: City Clerk Amount Debit Credit $300,000.00 ' $300,000.00 /,,2/-0L? Date 03 to Date wry of Newport Beach. NO. BA- 040 BUDGET AMENDMENT 2002 -03 AMOUNT: $300,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: BY THE CRY COUNCII from existing budget appropriations Cm OF NEWPORT BEA from additional estimated revenues PX from unappropriated fund balance EXPLANATION: A! PR F This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Traffic Signal and Roadway Improvements on Newport Coast Drive at Sage Hill School, C -3587. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Circulation and Transportation Description Amount Debit Credit $300,000.00 ' Description Division Number 7261 Transportation and Circulation Account Number C5200702 Sage Hill School Signal $300,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Enlry. Signed: / -,21—C)2 Financial Approval: Administrative Services Director Date Signed: f..-. AdministrrartiivveAppro y: City Manager Signed: ZaN n,),u 01 / . �x,Pir -� City Council Approval: City Clerk Date