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HomeMy WebLinkAboutC-3605 - Fire Station No. 3 Pavement Reconstruction0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 29, 2004 Hillcrest Contracting, Inc. P.O. Box 1898 Corona, CA 92878 Subject: Fire Station No. 3 Pavement Reconstruction (C -3605) To Whom It May Concern: On November 25, 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 January 13, 2004. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08655269. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Fong Tse, Project Manager 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 EXECUTED IN FOUR COC• '-PARTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 BOND NO. 08655269 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,113 being at the rate of $ 8.631 $6.33 thousand of the Contract price. 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 MASTER FORMAL CONTRACT, Contract No. 3605 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. 3605 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 authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of one hundred thirty -nine thousand, four hundred seventeen and 80/100 Dollars ($139,417.80) 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 indemnity, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0_ 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 way affect its obligations on this Bond, and it does hereby waive notice of.any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 3RD day of JUNE 2003. HILLCREST CONTRACTING, INC. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., SUITE 700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone CHARLES L. FLAKE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON JUNE 5, 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. MICHELLE SANTIAGO Witness my hand and offi ial seal 0 comm. #1373486 NOTARY PUBLIC - CALIFORNIA RIVERSIDECOUN7Y / V` My Comm. Expires Sept. 7, 2We � Michelle an go Notary Purl 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: JUNE 3. 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 El Corporate Officer— Title(s): President ❑ Partner- C Limited C General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. STATE OF California COUNTY OF- Orange 6 -03 -03 , before me PERSONALLYAPPEARED Charles L. I SS. Lexie Sherwood personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her /rheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted- executed the instrument. WITNESS my hand and official seal l!eent, Signature ll/ OPTIONAL E Notary Public LEXIE SHERWOODE OCOMM. k 1311304 w -COMM.. ORANGE COUNTY n COMM. EXP. 7ULY 27, 2005" This area for Official Notarial Seal 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. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ✓❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) Fidelity and Deposit Company of Maryland DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OF TYPE OF DOCUMENT Two (2) NUMBER OF PAGES 6 -03 -03 DATE OF DOCUMENT N/A OTHER THAN NAMED ABOVE ID -1232 (REV. 5/01) ALL- PURPOSE ACKNOWLEDGEMENT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 13, 2004 Hillcrest Contracting, Inc. P.O. Box 1898 Corona, CA 92878 Subject: Fire Station No. 3 Pavement Reconstruction (C -3605) To Whom It May Concern: On November 25, 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 December 9, 2003, Reference No. 2003001463831. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08655269. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Fong Tse, Project Manager encl. 3300 Newport Boulevard Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • Aww.city.neNkport- beach.ca.us EXECUTED IN FOUR CO "ERPARTS PREMIUM: INCLUDED IN CITY OF NEWPORT BEACH PERFORMANCE BOND PUBLIC WORKS DEPARTMENT FIRE STATION NO, 3 PAVEMENT RECONSTRUCTION CONTRACT NO, 3605 BOND NO. 08655269 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal," a contract for construction of FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION, Contract No. 3605 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. 3605 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 California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of one hundred thirty -nine thousand, four hundred seventeen and 80/100 Dollars ($139,417.80) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 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 3RD day of JUNE , 2003. HILLCREST CONTRACTING, INC. ,'Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., SUITE 700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone BY: Authorized Sign re/Title BY: Authorized Agert� ;i6nafure CHARLES L. FLAKE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON JUNE 5, 2003 before me, Michelle Santiago 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. ow ANTI 0 Witn ss y hand and fficial seal 373486 n •CALIFORNIA OUNTY Sapt.7, zone 1 Michelle Santjgto, Notary/P41 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: JUNE 3, 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 —:_General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. 0 STATE OF California COUNTY OF On 6 -03 -03 PERSONALLY APPEARED Charles L. Flake SS. before me, Lexie Sherwood - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to ms that helshellhey executed the same in hislherltheir authorized capacity(tes), and that by his1herldneir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Signature OPTIONAL 0 Public This area for Official Notarial Seal 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. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL L✓, ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR C OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITnIES) Fidelity and Deposit Company of Maryland DESCRIPTION OF ATTACHED DOCUMENT yment Bond TITLE OF TYPE OF DOCUMENT Two (2) NUMBER OF PAGES 6 -03 -03 DATE OF DOCUMENT N/A OTHER THAN NAMED ABOVE I0-1232 (REV. 5t01) ALL- PURPOSE ACKNOWLEDGEMENT U COMM. # 1311304 9LEXIESHERWOODK (5 - NOTARY PUBLIC- CALIFORNIA ORANGE COUNTY . a + COMM. EXP. JULY 27, 2005'` This area for Official Notarial Seal 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. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL L✓, ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR C OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITnIES) Fidelity and Deposit Company of Maryland DESCRIPTION OF ATTACHED DOCUMENT yment Bond TITLE OF TYPE OF DOCUMENT Two (2) NUMBER OF PAGES 6 -03 -03 DATE OF DOCUMENT N/A OTHER THAN NAMED ABOVE I0-1232 (REV. 5t01) ALL- PURPOSE ACKNOWLEDGEMENT • 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 assignmenjudgements, dsarees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Charles J���iTilake oheitn, California... . I s trued agent and Attorney -in -Fact, to ecute, seavdeliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and „t ma takin,,J� . ..............................� execution of such bonds or Lin�ngs in nee of these presents, shall be as binding upon said Company, as fully and amply, to all inte d purpo if they had been duly executed and acknowledged by the regularly elected officers of the Comat its offit�altimore, Md., in their own proper persons. The said Assistant Secretary does hereby certjk}*tj�iY he aforegoing is atrue copy of Article VI, Section 2, ofthe By -Laws ofsaid Company, and is now INf 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 ---- ....l6th,- _----- - - - - -- -day of --------------- JNlY °- . °- - -- °-- --- ---- ---- - A.D. 1986 ---- FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: a� n By ------------------------------ - Assistant Secretary Vice - President STATE OF MARYLAND ; S5: CITY OF BALTIMORE J 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, 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 seat affixed to the preceding instrument is the Corporate Seat 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 Official Seal, at the City of Baltimore, the day and year first above written. Xe; amA "i: q it€ ♦oa'"r aO' Notary Pub is Commis n piresTuly -.1 ..... 1990 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, ism full 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 he 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 ------ 3�._ -. - -- day of- -- `---- ----- JUNE----'-----' --'-------- 2003 u4a _nt. — 012 -4150 ----------- ­�?_ _', il_ � Astista t Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $waived; This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Comuanv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 surety terrorism disclosure notice RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 �� Recorded in Official Records, County of Orange Tom Daly, Clerk- Recorder IIIIIIIIiIiiIBIIIIiIIIIIIIIliI1IIIII IIfiN1111911iIIlIlNIllilllNOFEE 2003001463831 12,25pm 12109103 117 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION '011011 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 June 10, 2003. Said Contract set forth certain improvements, as follows: Fire Station No. 3 Pavement Reconstruction (C -3605) Work on said Contract was completed on September 19 2003, and was found to be acceptable on November 25. 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. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on e��� �( � - at Newport Beach, California. t1 ; City Clerk` •.. �. � C�l1FC�� J CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC November 26. 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: Newport Boulevard /Balboa Boulevard — 26`h Street to 16`h Street (C- 3373); Fire Station No. 3 Pavement Reconstruction (C- 3605); Ocean Front Beach Access Walkways (C- 3378); and Harbor View Nature Park — Miscellaneous Slope Repairs (C -3567) Please record the four enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, i f r' LaVonne M. Harkless, CMC 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 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees 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 SFU Inc., dba Popular Paver Rental, of Long Beach, California, as Contractor, entered into a Contract on August 12, 2003. Said Contract set forth certain improvements, as follows: Harbor View Nature Park - Miscellaneous Slope Repairs (C -3567) Work on said Contract was completed on October 10, 2003, and was found to be acceptable on November 25. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. ic'Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _TIV'� v ' °' �1 I y� i� "7 at Newport Beach, California. BY r^ tiNti �JJi�UV' N� o``a City Clerk u c`1tFCUN`r.' C-3'o0�) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 November 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3605 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. 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 June 10, 2003, the City Council authorized the award of the Fire Station No. 3 Pavement Rehabilitation contract to Hillcrest Contracting, Inc., of Corona, California. The contract provided for the construction of a reinforced concrete pavement over a crushed aggregate base section. The new concrete pavement was constructed with a special quick cure and high strength concrete mix to facilitate the fire station operations and to provide an extended service life. The deteriorated concrete driveway in front of the fire station was also reconstructed. 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: $139,417.80 Actual amount of bid items constructed: 132,103.98 Total amount of change orders: 26,835.28 Final contract cost: $158,939.26 SUBJECT: Fire Station No. 3 Pav0t Reconstruction - Completion And Acceptance oforact No. 3605 November 25, 2003 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from a reduction in the area of 8 -inch thick concrete. Although Change Order No. 2 increased the cost because the thickness was increased to 12 -inch concrete in localized areas. The final overall construction cost including Change Orders was 14 percent over the original bid amount. As required by Council Policy, City Manager approval was obtained to exceed the 10 percent contingency. Three Change Orders were issued for the project. They were as follows: 1. Change Order No. 1 in the amount of $2,330.06 provided for additional curb, electrical conduit, and wall installation. 2. Change Order No. 2 in the amount of $22,254.82 provided for overexcavation of saturated soils behind the fire station. 3. Change Order No. 3 in the amount of $2,250.40 provided for the overexcavation of saturated soils in the driveway and addition of joint sealer. Funds for the project were expended in the following accounts: Description Fire Station Modifications /Upgrade Fire Department Office Centralization Fire Department & Equipment Upgrade Fire Station Diesel Exhaust Account No. 7011- C2320527 7271- C2330334 7271- C2320577 7271- C2320626 Total Amount $99,000.00 $21,594.26 $20,000.00 $18,345.00 $158,939.26 The original contract completion date was August 21, 2003. This date was extended to September 19, 2003, and all work was completed by that date. Environmental Review: Staff determined that this project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Prepared by: R. Gunther, P.E. Construction Engineer Submitted by: Richard Edmonston Acting Public Works Director CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 AM on the 27TH day of May 2003, at which time such bids shall be opened and read for FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION Contract No. 3605 $ 159,000.00 Engineer's Estimate pben G. Badum is Works Director O� J �Q Q)C\ \ G Ga 5 r Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required: "A" or "C -8" For further information, call Fong Tse Proiect Manager at (949) 644 -3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATON NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS .................................................... .... .................................... SP -1 z 1 J • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 INSTRUCTIONS TO BIDDERS 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 ADDENDA 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 Cash, certified check or cashiers 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. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 0 � I 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 Signature/Title EINER G. LINDHOLM, VICE PRES. /SECRE. May 20, 2003 Date • • CITY OF NEWPORT BEACH BOND #08560235 PUBLIC WORKS DEPARTMENT PREMIUM NIL FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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 Newport 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 FIRE STATION N0. 3 PAVEMENT RECONSTRUCTION, Contract No. 31.05 i� the Cit y ca . ni,...._ Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 20TH day of HILLCREST CONTRACTING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., SUITE 700 PASADENA, CA 9ii0i Address of Surety (626) 792 -2311 Telephone 2003. BY: Authorized Signature/Title GLENN SALSBIJRY,, PRESIDENT BY: AuthoFzt1d Agent Signature RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON May 22, 2003 before me, Alice M. English, 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. !. At M. aNGUSx i Witness y hand and offici I seal ••, COMM # 1278129 > NOTA�RYPUBLIC - CALIFORNIA m 4 OHANGECOUNTY .,_t MyCommiss %cn Exowes Oct 2 1,2004 4.)40,4. >90.:4'....::.ry_: p4e44y4g44i.4044 >4444.54 Aice M. English, ota 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: BIDDER'S BOND Document Date: May 20, 2003 Number of Pages: One Signer(s) Other Than Named Above Fidefity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual U Corporate Officer — Title(s): President ❑ Partner - Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. i LJ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5/20/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed RICHARD A. COON 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 a d official seal. LEXIESHERWOOD V CO"B4 A 1311304 _ 1% °•+ A1100-ARY kf, JGCAiiFORNIA6) signa u�d of Notary Public CRANGE COUDAY 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 BID BOND TITZE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITL ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME 06 PERSONj.S) OR ENTITY(S) K 9 0 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 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 a7Tt Richar Coon of Anaheim, Calif i s true"f and lawful agent and Attorney -in -Fact, to make, execute, any and all bonds and undertakings....., �on its behalf as surety, and as its act and deed: n e execution of such bonds or undertakings in pursu f these pr shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been du uted and ]edged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper I The said Assistant Secretary does hereby certi a extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is no orce. Vv IN WITNESS WHEREOF, the said Vice (tt ' ent and Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN7(p_SIT COM OF MARYLAND, this__-________ 91 }].______________ ------------- day of - ------ --- -- MAY- ---- ---- --- ----' FIDELITY AND D COMPANY OF MARYLAND FIDE By Assist Vice -Pres nt $TATS OF MARYLAND COUNTY OF BALTIMORE On this --- 9th____day of___._____Ma_______, A.D. 1995, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, 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 the day and year first above written. _eplA f.9 / ,O,p CAROL J. FADER Notary Public Ivfy Commission Expires -------------- AUgust_L_199ti___ 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 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 same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seal of the said Company, this _20TA_ day of------- MAY- ---- --- ------ -- -- - -- ---- 2QQ3_ 11121,- 012 -4150 Assistant 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 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 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, 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.° 0 Company Profile • • Page 1 of 2 Depanmeft Caurnl Company Profile Insurance fo FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101 -0000 Unable to Locate the Agent for Service of Process? Reference Information NA1C #: 39306 NAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http: / /cdinswww. insurance. ca.gov /pls /wu_co _prof /idb_co _prof utl.get_co _prof?p_EID =... 05/28/2003 Company Profile • Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information t Company-Enforcement Actian Documents Cora any..Performance & Compaison Da. to ComRosite Complaint Studies Want More? Help. Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /pls /wu_co _prof /idb_co _prof utl.get_co _prof?p_EID =... 05/28/2003 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name'. -t Address5`o9 nnA-i�- 5t 5/�4,vt -,- At4, e4 . Phone: 7 /h/ .3 yV N qu) State License Number: > Name: Address: I I Phone: � i i State License Number: Name: Address: j I Phone: State License Number: ` I• HILLCREST CONTRACTING, INC Bidder At>�pE iZW. iP4696[iAe VICE PRES. /SEC. ' • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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.) OWNER INITIATED CHANGES 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 7 0 No. 2 Project Name /Number Project Description SEE ATTACHED Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ 0 To: Telephone ( ) Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGES 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 SEE ATTACHED Project Name /Number 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.) OWNER INITIATED CHANGES 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 I] s No. 4 Project Name /Number Project Description SEE ATTACHED Approximate Construction Dates: From Agency Name Contact Person F- L� T Telephone ( ) Original Contract Amount $ Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 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.) ADDITIONS & CHANGES MADE BY AGENCY 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 D No. 6 Project Name /Number Project Description SEE ATTACHED 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.) OWNER INITIATED CHANGES 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. s HILLCREST CONTRACTING, INC. —��- Bidder Ire Authorized Signature/Titie EINER G. LINDHOLM VICE PRESIDENT /SECRETARY • • 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: Contact Person: Alameda Corridor Fast Lou Cluster Original Contract Amount: $507,913 Telephone: 626/962 -9292 Final Contract Amount: 5586,007 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 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: Riverside County Redevelopment Agency Contact Person: Colby Cataldi Telephone: 909/955 -11512 Original Contract Amount: $783,248 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: S1,400,000 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 Original Contract Amount: $622,912 Telephone: 714/765 -5126 Final Contract Amount: $596,188 0 Thomas Newitt • 1467 Circle City Drive, Corona, CA 92879 -1668 Phone 909/273 -9600, Fax 909/273 -9608 Over 30 years experience in highway construction and site development. examples, Managed all aspects of construction on multiple projects encompassing everything 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 Forman; 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 subcontractors. Currently certified in Hazardous Waste /Health and Safety Training, Cal -OSHS Trenching and Excavation Standards of California (Competent Person), CPR and First Aid. Superintendent, Hillcrest Contracting, Inc., Corona, CA Feb. 1995 to Present General Superintendent, Sully - Miller Contr. Co., Anaheim, CA Jan. 1993 to Feb. 1995 General Superintendent, Griffith Company, Santa Ana, CA July 1976 to Dec. 1992 Project Foreman, Sully- Miller Contracting Co., Orange, CA 1965 to July 1976 Truck Driver -Prime Mover, Warren Southwest, Duarte, CA 1963 to 1965 Truck Driver, D.F.H. Trucking, E/ Monte, CA 1961 to 1963 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Riverside EINER G. LINDHOLM , being first duly sworn, deposes and says that he o0W is VICE PRES. /SECRETARY of HTT.T.CREST coNTB., TNr_ , 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 CONTR., INC. Bidder Authorized Signature/Title EINER G. LINDHOLM, VICE PRES. /SECRE. Subscribed and sworn to before me this 20th Notary Public Alice M. My Commissic English, otary Public n Expires: 10/21/2004 11 day of Play ,2003. [SEAL] eseooee eeeaa eeeeeee+ +eaeseseeeeeeome�.000 ALICE M. ENGLISH = COMM # 1278129 M m _ NOTARY PUBLIC- CALIFORNIA D ORANGE COUNTY S .. My Ccmmi:<icn Expees Oct. 21,2004 ee+ ooeeeoe aeeeoen000eoo +eoe +eeeeeseseeses 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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): SEE ATTACHED FOR LIST 12 0 DISIGNATION OF SURETIES INSURANCE: Carter Salisbury Insurance Company 1414 Fair Oaks Avenue, #6 South Pasadena, CA 91030 626/799 -9557 Fax 626/441 -3809 INSURANCE: Dodge, Warren & Peters Insurance Service 765 The City Drive, Suite 300 Orange, CA 92868 714/748 -0464 FAX 714/748 -0474 BONDING: Fidelity and Deposit Company of Maryland 225 S. Lake Avenue, #700 Pasadena, CA 91101 626/792 -2311 FAX — Not Available BONDING Culbertson Insurance Service AGENT: 5500 E. Santa Ana Canyon Road Anaheim, CA 92807 714/921 -0530 FAX 714/921 -2096 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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. 13 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. 13 a Ah Ev Q U v U �i O r� Now 00 00 O O M M M M 7 7 O O N kn N N O O V 00 00 _ O r-: O O vl vn vi 7 LO vii l� n N 7 , ,--� 00 W N N M M 0-1 ON 00 �c W O O Or CO NO M r: M oo ao O\ W 0 O O O O [- N N N N N rq N M M _ _ CO m 00 00 O O 00 00 7 7 O O [� d; V V) vi CN N N r N N O O -n vi M f0 �: o0 00 00 00 N N O U Vii Vl is co y VI > �" •N u v O W G cC O cO O � •^ o � � o � a o � o � 6 41 'o R' 'd U 'b ro o o ro o a o b o b b o 0 0 o y 3 'T' G 20 O A> O O O A O w 'O O w k -0 Y 3zU..°azu Y V ° zUZZUZZUZ.- ZuzzUZUZ .. N M 7 r Ev Q U v U �i O i • Legal Business Name of Bidder HILLCREST CONTRACTIN, INC. Business Address: 1467 Circle City Dr., Corona, CA 92879 -1668 Business Tel. No.: 909 State Contractor's License No. and 471664 A Classification: Title - Leering Contractor The above information was compiled from the records that are available to me at this time and 1 declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of y bidder Date May 20. 2003 Title VICE PRESIDENT /SECRETARY Signature of bidder Date May 20, 2003 Title PRESIDENT 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. 14 • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On May 20. 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 erp sons acted, executed the instrument. 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: May 20, 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 Lit Corporate Officer — Title(s): PRESIDENT & VICE PRES. /SECRETARY ❑ Partner - J Limited 7 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. Witness my hand and official seal 4J6Y ) 000060006909000 ^99099nMJ:O o ALICE 4 ENGLIS)i�"' � � �� CO " "iA # 1278129 D m - NOTARVP000C- CAUFOR! A W ORANGE COUNTY Alice M. Englis , Not P lic b My Commims ,i Expires Oct. 21, 2004 ; 0099op40>. Y000 >O40JhJJ40900000000999004900 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: May 20, 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 Lit Corporate Officer — Title(s): PRESIDENT & VICE PRES. /SECRETARY ❑ Partner - J Limited 7 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 ACKNOWLEDGEMENT OF ADDENDA Bidders name HILLCREST CONTRACTING, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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: HILLCREST CONTRACTING, INC. 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: 04/30/2005 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 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. /SECRE. (SAME AS ABOVE) Corporation organized under the laws of the State of CALIFORNIA 16 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: Provide the names, addresses and telephone numbers of the parties; NONE 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 17 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 HILLCREST CONTRACTING. INC. (Print name of Owner or President �rporation /Company) Authorized Signature/Title FINER G. LINDHOLM VICE PRES /SECRETARY Title May 20, 2003 Date Subscribed and sworn to before me this 20th day of May [SEAL] lu 2003. JURAT • State of California County of Riverside Subscribed and sworn to (or affirmed) before me this 201h of May, 2003 by EINE�R'iG_. , LINDHOLM �{ ALICE. M ENGLISH COMM # 1278129 m Alice M. English, tar Public `emuOTARYPUBLIC - CALIFORNIA g y Q / ORAPCE COUNTY A 2epires Oct. 21, 2004 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Information Required by Bidder Document Date: May 20, 2003 Number of Pages: Three Signer(s) Other Than Named Above None C� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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. 19 'n If, 'C II.n - AAr n W C c.. C n n 9'iF t J ^I I. JI,r v.,,... I � . . u. . vb. v'..... v...- v.. -. i.Iv AC__0RD CERTIFICAT F LIABILITY INSURAN OF ID CI DATE(MMrDDIYrr ) HIL400C 06/19/03 PRODUCER Dodge Warren & Peters - ORANGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic. #0543895 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 765 The City Drive, Suite #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 01/31/03 Orange CA 92868 - Phone:714 -748 -0464 Faxc714- 748 -0474 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Starnet Ins CO I INSURER B: S10,000 Hi11Creat Contracting Inc. Attn: Gabi 1467 Circle City Dr. Corona CA 92679 INSURER C' GENERAL AGGREGATE INSURER O; PRODUCTS- COMP /OP AGO INSURER E: ' [K•l'1�,7iCH�' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRO TYPE OF INSURANCE POLICY NUMBER DATB MM/DEDIYI' DATE MMIDD/YY LIMITS GENERAL LIABILITY A X X ! COMMERCUL GENERAL LIABILITY : I CLAIMS MADE X❑ OCCUR I X CGL0001 07/98 X $3,000 PD Ded/OCC OGENL AGGREGATE LIMIT APPLIES PER; POLICY X JELQT LOC CPPI114114 eLARXXT WN191,C1'DAL/ ➢RDA➢ FORM PD /XCU 01/31/03 01/31/04 EACH OCCURRENCE $1,000,000 PREMISES EsDauren<e) 1300,00 0 MED EXP (Any ono person) S10,000 PERSONAL &ADV INJURY S1,00-0,00-0- GENERAL AGGREGATE s2,000,000 PRODUCTS- COMP /OP AGO $2,,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS INS0 IiJ{/ �j \ \(,' (sG ( L / R ' COMBINED SINGLE LIMIT (Ea exloenL) S YM7IURY (Per teen) S D TE is OO DILY INJURY S PareNdenq PROPERTY DAMAGE ' (Perexidenll y GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: ADD 5 $ EXCESSIUMBRELLALIABILITY OCCUR C CLAIMS MADE DEDUCTIBLE RETENTION S I EACH OCCURRENCE S AGGREGATE $ S S S WORKERS COMPENSATION AND . EMPLOYERS' LL&BILITY /P ANY PROPRIETORARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? If PE s, dmilbe undo, SCIAL PROVISIONS➢elD TORY LIMITS ER E.L. EACH ACCIDENT S E.L.DISEASE- EAEMPLOYEES E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS +10 days notice of cancellation for non - payment of premium. Re:Fira Station No.3 pavement Reconstruction Contract No. 3605. City of Newport Beach, its officers, agents, Officials, employees and volunteers are named as Primary additional insureds per attached endorsement L -3471 12/02. XXX REPLACES CERT DATED 6/18/03. CERTIFICATE HOLDER CANCELLATION CTYNEWP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach RATE THEREOF, THE ISSUING INSURER WILL ELDpi0 ==MAIL +30 DAYBWRITTEN Public works Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fong Tee P.O. Box 1768 Newport Beach CA 92658 -8915 Of _&EFREBE AUTHORJz PRE ADVE Paul ACORD 25 (2001108) - 7___ C ACORD CORPORATION 1969 u!.'9.vOC ;i:07AV, J.W.F. ee:,. rrz< _ Divis,en NO. 2'.76 F. POLICY NUMBER: CPP037404 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers Re: Fire Station No. 3 Pavement Reconstruction — Contract No. 3605 (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 11) 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. "It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insureds) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations if claim, loss or liability is determined to be the negligence or responsibility of the named insured." INSURANCE A'; ;OVER � DAT _ L -3471 12/02 Page I of 1 ❑ POLICY NUMBER: CPP037404 COMMERCIAL GENERAL LIABILITY INSURANCE COMPANY: STARNET INSURANCE COMPANY INSURED: Hillcrest Contracting Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers Re: Fire Station No.3 pavement Reconstruction Contract No. 3605. (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. Signed Date G / ,7-D� s CG 20 10 11 85 Copyright, Insurance Services Offices, Inc. 1984 Page 1 of 1 Client#: 17237 HIL4257 'ACORD. CERTIFICAO OF LIABILITY (MMIDDIYYYYI INSU CE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH 06/09103 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arroyo Insurance Services Carter Salisbury ns Brokers rY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1414 Fair Oaks Ave, #6 POLICY EXPI RATION DATE EXPIR IVY LIMITS South Pasadena, CA 91030 INSURERS AFFORDING COVERAGE NAIC # INSURED HILLCREST CONTRACTING, INC. ROS -MAR EQUIPMENT COMPANY P.O. BOX 1898 CORONA, CA. 92879 -1898 INSURERA. AMERICAN CASUALTY -CNA INSURER B STATE COMPENSATION FUND INSURER C INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MF ECTIY DATE(EFFECTIVE POLICY EXPI RATION DATE EXPIR IVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence S CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ PERSONAL& AOV INJURY $ GENERAL AGGREGATE S GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG S POLICY PRO- LOC JECT A AUTOMOBILE LIABILITY ANY AUTO 1044747153 12/19102 12119/03 COMBINED SINGLE LIMIT (Ee so6dem) $1,000,000 X BODILY INJURY (Per psn,on) $ ALL OWNED AUTOS SCHEDULED AUTOS ' X BODILY INJURY (Per roC,denU s HIRED AUTOS NON -OWNED AUTOS i X PROPERTY DAMAGE (Pereccni'nt) $ J GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC S ANY AUTO $ AUTO ONLY. AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND 07130006691 10101/02 10/01/03 X .WC STATU- OTH- .O� I J, ER EMP LOYERS'LIARILITV ANY PROPRIETORIPARTNERIEXECUTIVE TO FOLLOW FROM E.L. EACH ACCIDENT $2.000,000 E.L. DISEASE EA EMPLOYEE $2,000,000 OFFICER/MEMBER EXCLUDED> THE STATE COMP. If SPECIAL PROVISIONS below INSURANCE FUND E.L. DISEASE - POLICY LIMIT 32,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ALL OPERATIONS USUAL TO THE NAMED INSURED. RE: JAMBOREE ROAD /MacARTHUR BLVD INTERSECTION INPROVEMENTS, CONTRACT # 3369 THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, (See Attached Descriptions) CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL R40MRRR92MAIL _30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RID(6A(IRR )nIUWl61p]=IdX ACORD 25 (2001108) 1 of 3 #S29956/M28874 // LSC © ACORD CORPORATION 1988 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) inust 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 endorserri&%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 (2001108) 2 of 3 #S29956/M28874 DES PTIONS (Continued from a 1) EMPLOYEES AND VOLUNTEERS ARE NAMED AS DESIGNATED INSURED AS RESPECTS TO THE COMMERCIAL AUTO SECTION, WAIVER OF RIGHTS OF RECOVERY FORM ALSO ATTACHED. OUR POLICY IS PRIMATY PER CNA COMPANY FORMS. AMS 25.3 (2001108) 3 Of 3 #S29956/M28874 POLICY NUMBER: 104474 • COMMERCIAL AUTO GA 20 48 02 99 THIS ENDORSEtviENT Ci'ANGES THE POLICY. PLEASE READ IT CAREFUL LY_ DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Vvith rasped 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 t rsigned By: 6/9/03 e Named Insured: HILLCREST CONTRACTING INC /ROS MAR EQUIP. Autho "ve d Re rese SCHEDULE Name of Person(s) or Organtzation(s)= THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS (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 �vuwV u�nly C: v. inn n�n-ri rn •� 1VYYf Y /1JJ THIS ENDORSEJVEINT CN.ANGES THE POL.'CY. PLEASE .READ rrr CAREFULI:Y WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS. This endorsement modifies ' insurance provided under the following: Business Auto Coverage Form Garage Coverage Form Truckers Coverage Form Schedule Name of Person or Organization: SEE BELOW (!f no entry appears above, information required to. complete this andorsament 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 cordract with that person or.organization. The waiver applies only to the person or organization shown in the Schedule. THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. CAA FWA2 Ui C.KwAwu Yw KEW 9- 2318&A (Ed. 05/89) C -Piave OKO Whew 7Air Lvdcri6n&u !s Mx A qw w0 the ftUc? Or rt M, to be E(fmive wtfh the PVip ISttJED 70 EFFECrNE DATE OF THIS ENDORSEMENT HILLCREST CONTRACTING, INC.. 6/9/03 ca,r,cers;a p _ "Autnorizn0 R�unutM At= Be Cavpkred EHOL No. POLICY NO, 5 I SCU29` 10806 CAA FWA2 Ui C.KwAwu Yw KEW 9- 2318&A (Ed. 05/89) C -Piave OKO Whew 7Air Lvdcri6n&u !s Mx A qw w0 the ftUc? Or rt M, to be E(fmive wtfh the PVip ISttJED 70 EFFECrNE DATE OF THIS ENDORSEMENT HILLCREST CONTRACTING, INC.. 6/9/03 ca,r,cers;a p _ "Autnorizn0 R�unutM CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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 the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3605 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 @ S'e�acnu J! ev if,w� Dollars and �rtacs Cents $ L ,0010 Per Lump Sum 2. Lump Sum Construction Zone and Traffic Control �uC7 irir'�i< Dollars and Zie2c Cents $ �06b,6C) Per Lump Sum 3. 17,500 S.F. Remove and Dispose of Existing Improvements @ f 'Nc— Dollars and Cents $ $� Per Square Foot 0 • FIR 2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 17,500 S.F. Construct 8 -Inch Thick Reinforced PCC Pavement Over 4 -Inch Thick Aggregate Base @_ ro u9z— Dollars and <'ede i� ✓� Cents $ �.�� $ Per SquaP6 Foot 5. 620 L.F. Furnish and Install 'h -Inch Thick Premolded Expansion Joint @ G% ro Dollars and u Cents $ — $/f 1_ $ 2 73.60 Per Linear oot 6. 980 S.F. Construct 8 -Inch Thick Reinforced PCC Driveway Approach r @ jNQ Dollars 2—eR� and � Cents $ �L)p_ $ y W,(_)0, Per Square Foot 7. Lump Sum Removal and Reinstall Existing PCC Wheel Stops @ S� `�`���� Dollars and Cents $ C)(3.oO Per Lump Sum 8. 2 EA Replacement of Existing Pull Box Frame and Cover to Grade @(P Fu yc2� Dollars and Zrzc-� Cents $ 'oo $ 60(),oC7 Per Each 9. Lump Sum As -built Plans @ Sc g4,t�&46-tDollars and Ze2J Cents $ Per Lump Sum 0 0 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS N �t ti r�cE /yll 9✓E Lz ��Y�k � �C F- 4& Nwo i Dollars and �� -Cents $ l b „i q l7. � U Total Price (Figures) Nay 20, 2003 HILLCREST CONTRACTING, INC. Date 909/273 -9600 909/273 -9608 Bidder's Telephone and Fax Numbers 471664 A Bidder's License No(s). and Classification(s) Bi Bidder's Authorized Signature and Title EINER G. LINDHOLM, VICE PRES. /SECRE. 1467 Circle City Drive Bidder's Address Corona, CA 92879 -1668 F: \USERS \PBVV\Shared \Contracts \FY 02 -03 \FIRE STATION N0. 3 C- 3605 \PROPOSAL C- 3605.doc 0 1 1 1 1 F 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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 SECTION 3 CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices 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 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 -9 LIQUIDATED DAMAGES 1 1 1 1 F 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 4 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 8 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.1 General 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 99 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 302 ROADWAY SURFACING 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302.6.6 SECTION 303 Curing 10 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 400 -2.1 GUTTERS, ALLEY INTERSECTIONS, ACCESS 303 -5.1 Requirements 303 -5.1.1 General 303 -5.4 Joints 303 -5.5.4 Gutter SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE 400 -2 UNTREATED BASE 400 -2.1 General 400 -2.2.1 Requirements 10 10 10 10 11 11 11 11 11 • SP OF 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 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- 5822 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and (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 1 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 the removal of disposal of existing concrete pavement and subgrade, the compaction of existing subgrade, the placement of compacted aggregate base, the installation of reinforcing bars and expansion joints, the construction of reinforced concrete pavement and driveway approach, the replacement of existing utility pull box frames and covers, and other items of work as required to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: `The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor • • SP2OF11 shall notify the City in writing at least three (3) working days in advance of the time that the stakes are needed. SECTION 3 - -- CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2 Payment 3 -2.2.2 Stipulated Unit Prices. Add to this Section, "In the event that unsuitable soil material is discovered upon the removal and disposal of the existing soil as specified by these Specifications, additional over - excavation and backfill may be directed by the Engineer. Such extra work shall be paid at the stipulated unit price of $4.00 per cubic foot and shall have included the costs of all equipment, material, and labor to remove and dispose of additional existing soil /subgrade, drying operations, compact the existing subgrade to a minimum 90% relative compaction, backfill the over - excavated area with minimum 95% relatively compacted crushed aggregate base, and complete all other items of work as required to prepare the area to receive the 4 -inch thick crushed aggregate base section as specified by these Specifications. In the event that the PCC pavement designated for removal and disposal is substantially thicker than the 6 -inch thick section shown on the Plans, the City shall compensate the Contractor an additional $0.75 per square foot for each one (1) additional inch of concrete thickness removed and disposed of. In the event that the PCC pavement designated for removal and disposal is reinforced with steel reinforcing bars to the extent that substantial additional effort is required to complete the removal work, the City shall compensate the Contractor an additional $0.75 per square foot of reinforced concrete removed and disposed of." 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. • SP3OF11 (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. 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 thorough 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. 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 has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre- construction meeting. The Schedule may be bar chart or CPM style. Such schedule shall have included that the work shall be constructed in phases so as to provide full access to all of the Station's vehicle bays at all times. That is, the work in front of the Station shall be completed to the satisfaction of the Engineer and has fully cured to 2,000 psi compressive strength before the rear access to the Station can be disrupted, and vice versa. • SP 4 OF 11 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 twenty (20) consecutive working days after the date on the Notice to Proceed, and no later than September 12, 2003." It shall 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 1S`, 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 4° the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24`h, (Christmas Eve — half day), December 25`h (Christmas), and December 31 s` (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM, Monday through Friday. 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 PM to 6:30 PM on weekdays or 8:00 AM to 6 PM 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 $60.00 per hour when such time periods are approved. 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 $500.00. • SP 5 OF 11 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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, and continuous sequence so as to minimize the impact to the fire station 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. " 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction, cleaning, water testing, and other activities required to complete the work shall be paid by the Contractor." 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 entering into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.8 Steel Plates. The City may be able provide a limited quantity of steel plates 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 /or 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 Operations Manager, Mr. Ed Burt, at (949) 718 -3402. 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 • SP6OF11 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 and equipment may not be stored or staged on streets or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting a construction phasing plan detailing how fire equipment will be provided with access to the Station at all times. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted." 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 award and until work completion, the Contractor shall possess a General Engineering Contractor "A" or a Concrete Contractor "C -8" License. At the start of work and until completion of work, the Contractor shall possess a valid Business License issued by the City of Newport Beach. 1 0 SP 7 OF 11 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. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built' plans shall be submitted to the Engineer prior to final payment or release of any bonds. All Improvement/Construction Plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24- inch by 36 -inch mylar. The plans shall also include a City of Newport Beach Public Works Title Sheet. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). 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. SECTION 9 - -- MEASUREMENT AND PAYMENT 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, providing a construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Construction Zone and Traffic Control: Work under this item shall include delivering all required notifications, post and remove temporary construction signs, provide traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow sign, and all other items of work necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Remove and Dispose of Existing Improvements: Work under this item shall include all of the costs required to sawcut, remove, and dispose of the top 12" of the existing pavement/driveway approach and soil sections in front of and behind the • SP8OF11 fire station. The cost of making repairs to existing facilities (underground fuel tanks, underground water tanks, utility services, training equipment, fire station, etc.) damaged by the Contractor shall be borne by the Contractor. Item No. 4 Construct 8 -Inch Thick Reinforced PCC Pavement Over 4 -Inch Thick Aggregate Base: Work under this item shall include all of the costs required to compact and prepare the subgrade, place 4 -inch thick compacted aggregate base, furnish and install reinforcing bars and dowels, construct 8 -inch thick PCC pavement, making weakened plane joint sawcuts, and complete all other work items as required to complete the work in place. Item No. 5 Furnish and Install 1/2 -Inch Thick Premolded Expansion Joint: Work under this item shall include all of the costs required to furnish, prepare, and install the expansion joint material as shown on the Plans and as directed by the Engineer. Item No. 6 Construct 8 -Inch Thick Reinforced PCC Driveway Approach: Work under this item shall include all of the costs to compact and prepare the subgrade, place the 4 -inch thick compacted aggregate base, furnish and install reinforcing bars, construct 8 -inch thick PCC driveway approach and gutter, making weakened plane joint sawcuts, furnish and install expansion joint material, construct full -depth AC patchback along the length of the new PCC gutter, and complete all other work items as required to complete the work in place. The cost of constructing the PCC gutter shall be paid at the unit price bid. The cost of constructing the full -depth AC patchback including subgrade compaction and tack coat shall have been included as a part of the unit price bid. Item No. 7 Remove and Reinstall Existing PCC Wheel Stops: Work under this item shall include all of the costs to remove and reinstall the existing wheel stops with dowels. In the event that the Contractor damaged the existing wheel stops during the work to the extent that such wheel stops cannot be re -used, the Contractor shall, at his own expense, replace the damaged Stops with new identical replacements. Item No. 8 Replacement of Existing Pull Box Frame and Cover to Grade: Work under this item shall include all of the costs to replace the existing pull box frame and covers and adjust them to grade. Adjustments of existing components inside the pull boxes such as the cutting and rewiring of existing electrical wires as needed to fix the frame and cover shall be included as a part of the unit price bid. Item No. 9 As -Built Plans: Work under this item shall include all of the costs to submit an as -built correction plan to the satisfaction of the Engineer within one (1) week after the Contractor has demobilized and left the work site. 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." • SP90F11 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.1 General. Add to this Section: "All portland cement concrete used on the work shall be of a high- strength quick -cure type with a mix design similar to the following: Slump: Aggregates: W/C ratio: Sack content: 3 -inch to 4 -inch 1" maximum 0.40 7.50 Cement: 700 pounds per cubic yard Fly Ash: None Sand: 1,365 pounds per cubic yard Water: 34.0 gallons per cubic yard Entrapped air: 1.25% Admixture W RDA 79: 35 ounces per cubic yard" 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615." SECTION 209 - -- ELECTRICAL COMPONENTS 209 -2 MATERIALS 209 -2.5 Pull Box. All replacement pull boxes used for this project shall be Eisel Enterprises #3 -1/2F concrete pull box (E35FPB) complete with an Armorcast Products 20K traffic cover (A6001922SMT- Electric). PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING • SP 10 OF 11 300 -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 shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 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 1/2 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 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 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open the new improvements to vehicle use until the concrete pavement has attained 2,000 psi compressive strength to support heavy fire equipment." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements • SP 11 OF 11 303 -5.1.1 General. Add to this section: "The portion of sidewalk within the driveway approach in front of the fire station shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 24 hours following concrete placement." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: 'The Contractor shall make sawcut joints to the new concrete pavement at the locations shown on the Plans and per the applicable Standard Plans as directed by the Engineer." 303 -5.5.4 Gutter. Add to this section: 'The Contractor shall maintain the existing flow line grades." 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 -2.2.1 Requirements. Add to this section: "The Contractor shall use crushed aggregate base as the base materials." CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION CONTRACT NO. 3605 CONTRACT THIS AGREEMENT, entered into this _ day of , 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: FIRE STATION NO. 3 PAVEMENT RECONSTRUCTION Project Description 3605 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, Bidders 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. 3605, 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: 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. P01 0 0 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 one hundred thirty -nine thousand, fourn hundred seventeen and 80/100 Dollars ($139,417.80). 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: Fong Tse (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Hillcrest Contracting, Inc. P.O. Box 1898 Corona, CA 92878 -1898 909 - 273 -9600 909 - 273 -9608 Fax Contractor, by executing this Contract, 1 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." 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 21 0 0 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 Scope 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 1/73) 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 projecVlocation 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. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 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. 22 ! i 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. 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. 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. 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. 23 0 0 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, 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 # r 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 the day and year first written above. EW Pp ATTEST: NITI T�CITY CLERK APPROVED AS TO FORM: �� �'LdW CI ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: mayor HILLCREST CONTRACTING, INC. By: Authorized Signature and Title Glenn J. Salsbury-President C_3bo5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 June 10, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 -644 -3311 ftse@city.newport-beach.ca.us SUBJECT: FIRE STATION NO. 3 PAVEMENT REHABILITATION - AWARD OF CONTRACT NO. 3605 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3605 to Hillcrest Contracting, Inc., of Corona for the Total Bid Price of $139,417.80, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $13,927.20 to cover the cost of unforeseen work and material testing. DISCUSSION: At 11:00 AM on May 27, 2003, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $139,417.80 $140,485.00 $151,150.00 $158,208.00 $171,010.00 $177,395.00 $179,515.00 $186,640.00 $236,988.00 The low total bid amount is approximately twelve percent below the Engineer's Estimate of $159,000. The low bidder, Hillcrest Contracting, Inc., possesses a General Engineering "A" contractor's license, as required by the project specifications. Hillcrest Contracting, Inc. has completed similar pavement reconstruction projects for other Southern California agencies. BIDDER Low Hillcrest Contracting, Inc. 2 4 -Con Engineering, Inc. 3 Orion Contracting, Inc. 4 S. Parker Engineering, Inc. 5 Nobest, incorporated 6 Damon Construction, Co. 7 Civil Works Corp. 8 Ranco Corporation 9 Excel Paving Company TOTAL BID AMOUNT $139,417.80 $140,485.00 $151,150.00 $158,208.00 $171,010.00 $177,395.00 $179,515.00 $186,640.00 $236,988.00 The low total bid amount is approximately twelve percent below the Engineer's Estimate of $159,000. The low bidder, Hillcrest Contracting, Inc., possesses a General Engineering "A" contractor's license, as required by the project specifications. Hillcrest Contracting, Inc. has completed similar pavement reconstruction projects for other Southern California agencies. Subject: Fire Station No. 3 Went Rehabilitation - Award of Contract No. 3605 June 10, 2003 Page: 2 The existing un- reinforced concrete pavement at the rear of Fire Station No. 3 was built over thirty years ago. It has deteriorated and fractured to the extent that loose pavement rubble continues to require a high level of maintenance and repairs. Unlike the existing concrete pavement system, this project provides for the construction of a reinforced concrete pavement over a crushed aggregate base section. The new concrete pavement will be constructed with a special quick cure and high strength concrete mix to facilitate the fire station operations and to provide an extended service life. The existing concrete driveway in front of the fire station is exhibiting signs of accelerated deterioration and will be reconstructed as a component of this project. The Annual Public Safety Day will be held at the Fire Station in October 2003, therefore, Hillcrest Contracting, Inc. is required by contract to complete all of the work within twenty consecutive work days and no later than September 12, 2003. In case of delayed work completion, the Contractor will be assessed liquidated damages at the rate of $500.00 per calendar day. Environmental Review: Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project consists of the reconstruction of existing concrete pavement for Fire Station No. 3 and would not impact any environmental resources. Funding Availability: There are sufficient funds available in the i'ollowing accounts for the work: Account Number Account Description Amount 7011- C2320527 Fire Station Modifications /Upgrade $99,000.00 7271- C2320334 Fire Department Office Centralization $16,000.00 7271- C2320577 Fire Department & Equipment Upgrade $20,000.00 7271- C2320626 Fire Station Diesel Exhaust $18,345.00 Pre d by: Fonipfse Associate Civil Engineer Attachments: Project Location Map Bid Summary Total: $153,345.00 Submitted b WORK SITE LOCATION MAP NOT TO SCALE FIRE STATION NO.3 PAVEMENT REHABILITATION C -3605 2 Q W m O CL ui z LL 0 r A r z w IL w 0 N Y O J CO CL �w S Q O w S � � F U a� U U M o � Q Y � p U U � _ U N U Z w OQ U O o Y m m O O P O N P O v) u— M N N H z Q w z O ¢Unz Nz Q 2 u`L w U c Q U LL w U zz� �U-U' O �— U w a r -1 O a 8 5888880 U S Z 0 S 8 0 1� 00 O to Q N ZO 0 O 0 p S 0 0 N C C� 0 V.I LAO U ¢ VI O 0 88888888 U F' S S N N O 8 0 C1 ` 7 n) O O 8 8 8 8 8 Oo Oo p O F C o S o o V S .NO 8 o 0 8 T d_ c _ vi — rl: M n ofo a �¢ d '- C 0 O 0 O 0 Q 8 8 0 8 8 w N Q 0o O og 0 8 M� Cl pzMro U .2i v cj F S S S S S O O a S 0 C Z N. 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