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Home My WebLink AboutC-3830 - Mariners Library Left Turn0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 9, 2007 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 Subject: Mariners Library Left Turn (C -3830) To Whom It May Concern: On May 9, 2006, 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 June 21, 2006. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 7579460. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. 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 U JONTERPARTS E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS LIBRARY LEFT TURN - Contract No. 3830 BOND NO. 7579460 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 549 being at the rate of $ 9.38 per 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 MARINERS LIBRARY LEFT TURN - Contract No. 3830 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 MARINERS LIBRARY LEFT TURN - Contract No. 3830 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 Surely (hereinafter "Surety' ), are held and firmly bound. unto the City of Newport Beach, in the sum ofFIFI -m= uutisnrm FIVE i Nx=Tw Dollars ($ 58,502.00 ) 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 Principals heirs, executors, administrators, successors, or assigns, fall 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 falls to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 12 'f �YS J T _i :C N s :! Y , 1 9 • As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shag 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 some 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 shag be extended and maintained by the Principal in full ford 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 shag 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 23RD day of FEBRUARY . 2006. �Wqp 14WOKIRIVIA600 1 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND # Name of Surety 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 i Telephone Ivor I� IEJ�Fji- MATTHEW P. FLARE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ` i ::wsem�aecft*y Orr06o7ARmm uaRARY LEFT TURN C=MAAS` ER INFORMAL COWRACrAm 13 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 02/23/06 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared MATTHEW P. FLARE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand a d official seal. LEXIE SHERWOOD ' ✓/' COMM. #1593951 3 fsLY.i� NOTARY PUBLIC 0 CAUFORMA n Signatu of Notary Public ORANGE COUNTY Comm. Exp. JULY 27, 2009 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 DOCUMNT PERFORMANCE BOND TITLE OR TYPE OF DPCUMWT NUMBER OF PAGES 2 Dpi OF DOCUMEW 02/23/06 CAPACITY CLAIMED 23Y SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSONS) OR ENTITY(S) LIJ 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON February 27,2006, 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. omANTIAGO Witness my I 373488- CALIFORNIA t� OUNTY ��(�N P�'J Sapt. T, 20081 Michelle 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: Performance Bond Document Date: February 23.2006 Number of Pages: Two Signer(s) Other Than Named Above Fidelity & Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual Ek Corporate Officer — Title(s): President ❑ Partner - 0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V l; Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e it by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB E and Lexie SHERWOOD, all of Anaheim, California, EACH its true make, execute, seal and deliver, for, and on its behalf as surety, and as i y . nderlaldngs, and the execution of such bonds or undertakings r p9� t ° se s coding upon said Company, as fully and amply, to all intents and pu osVAd bee d acknowledged by the regularly elected officers of the Company at its Iti M ° er persons: This power of attorney revokes that issued on behalf of Richard A , h� avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005.S�> The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: �p otiYpfr W , State of Maryland i ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric A Barnes Assistant Secretary "a, By: William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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 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 affixed my Official Seal the day and year first above written. ,,nuwiq, x,A4 Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA•F 012.4150H • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 21, 2006 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 Subject: Mariners Library Left Turn (C -3830) To Whom It May Concern: On May 9, 2006, 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 May 17, 2006, Reference No. 2006000332654. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 7579460. Enclosed is the Labor & Materials Payment Bond. Sincerely, cere LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR CO NT RPARTS Pt•UH: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS LIBRARY LEFT TURN - Contract No. 3830 BOND NO. 75794§Q FOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califoriia, by motion adopted, has awarded to HILLCRERT CONTRACTTNC. INC. hereinafter designated as the "Principal," a contract for construction of MARINERS LIBRARY LEFT TURN - Contract No. 3830 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 Ctly of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute MARINERS LIBRARY LEFT TURN - Contract No. 3830 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 cite same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AM DEPOSIT COMPANY OF MARI'T ANN duly authorized to transact business under the laws of the State of California, as Surety, (refered to herein as " SureV) are held firmly bound unto the City of Newport Beach, in the sum of FIM EW- Try FIVE Hi» TWO & to /100 Dollars ($ 58,502.00 ] lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, or for any amounts required to be deducted, willhheid 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 VA 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 requlred by the provisions of Section 3250 of the Civil Code of the State of California. • 10 M1. 1 J ;2 y: t• v 1 �- • ti 0 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 $247 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 addltions 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 23RD day of FEBRUARY 2006. HILLCREST CONTRACTING, INC. FIDELITY AND DEPOSIT COMPANY OF MAR .AND i, Name of Surety I 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone BSS Authorized Signaturerl itle i MATTHEW P. FLARE /ATTORNEY -TN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED j t . 11 &: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 02/23/06 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 MATTHEW P. FLAKE personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS m hand and fficial seal. LEXIESHERWOOD L COMM. I IF 3 NOTARY rueuC 0 • CALIFORNIA uwaxw �y signatu a otac P lic ORANGE COUNTY Comm. Exp. JULY 27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCMIEW . NUMBER OF PAGES 2 DATE OF DOCUMENT 02/23/06 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING• FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON February 27,2006, before me Michelle Santiaoo, 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. om ANTIAGO Witness my ha and official seal 37 9486 - CALIFORNIA OUNTY a $ept. 7, 2008' Miehallp . a ian mmi4ry Pu 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: Payment Bond Document Date: February 23, 2006 Number of Pages: Two Signer(s) Other Than Named Above Fidelity & Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ia Corporate Officer — Title(s): President ❑ Partner - 0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date y nominate, constitute and.appoint Richard A. COON, Charles L. FLAKE, David L. CULB t _ E and Leme SHERWOOD, all of Anaheim, California, EACH its true make, execute, seal and deliver, for, and on its behalf as surety, and as it e y ndertakings, and the execution of such bonds or undertakings t p9�t� se s coding upon said Company, as fully and amply, to all intents and pu osUfgd bee acknowledged by the regularly elected officers of the Company at its Iti IM er persons. This power of attorney revokes that issued on behalf of Richard A I h avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14' 2005 ' n0 The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: pp9�EFlO,�ri 1 t t{� j State of Maryland l ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND I✓ /! J Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice. President, and ERIC D. BARNES, 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. ",,•mfg: "`�` POA -F 012 -4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 t � Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder ilil iilllllllllllllilllillll llllllllllllNIIIIIIIUIIIINIIIUIIIIIInIIIIINO FEE 2006000332654 03:49pm 05/17/06 213 160 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting of Corona, California, as Contractor, entered into a Contract on February 14, 2006. Said Contract set forth certain improvements, as,follows: Mariners Library Left Turn Lane (C -3830) Work on said Contract was completed prior to the opening of the new library on April 20. 2006, and was found to be acceptable on -May 9. 2006, 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. Executed onCua_ f o7 a �� S° at Newport Beach, California. kP Y' O K V W > �o cs Director o City ewport Beach U ? s$ U , ,D_ CD U_ g U> VERIFICATION certify, undo$ penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onCua_ f o7 a �� S° at Newport Beach, California. kP • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 10, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3585 & C -3830) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk 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 9 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 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction, Inc., of Costa Mesa, California, as Contractor, entered into a Contract on October 14, 2004. Said Contract set forth certain improvements, as follows: Mariners China Cove and 62nd Street Wastewater Puma Station Rehabilitation (C -3585) Work on said Contract was completed on March 31. 2006, and was found to be acceptable on May 9. 2006, 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 �tf%w2�4 % at Newport Beach, California. BY I',, City Clerk • C -�N30 C '38/100- 20�� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. l May 9, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 or rgunther @city.newport- beach.ca.us SUBJECT: MARINERS LIBRARY LEFT TURN LANE — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3830 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 one (1) year after Council acceptance. DISCUSSION: On February 14, 2006, the City Council authorized the award of the Mariners Library Left Turn Lane contract to Hillcrest Contracting. The contract provided for the construction of a left turn pocket, including asphalt paving, concrete curb, and a small block wall, off of Irvine Avenue to provide access to the new Donna and John Crean Mariners Library. 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: $58,502.00 Actual amount of bid items constructed: 65,629.40 Total amount of change orders: 0.00 Final contract cost: $65,629.40 Mariners Library Left Turn Lane - Cc n And Acceptance of Contract No. 3830 May 9, 2006 Page 2 The final overall construction cost was 12.2 percent over the original bid amount. Pursuant to City Council Policy F -3, written authorization to exceed the original contract by 10 percent was approved by the City Manager. The overage was due to additional quantities required over the bid estimate for 2" thick asphalt finish course, 4" thick stamped colored concrete sidewalk, and a split face block wall. No change orders were issued for the project. Environmental Review: The project was Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways and facilities involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. Funding Availabilitv: Funds for the project were expended from the following account: Account Description Mariners Library Account Number 7261- C5100661 Amount $65,629.40 All work was completed prior to the opening of the new library on April 20, 2006. Prepared by: R. Gunther, P.E. Construction Engineer • CITY CLERK CITY OF NEWPORT BEACH Mariners Library Left Turn - Contract No. 3830 App ved by S ephen G. Badum Public Works Director Contractor License Classification(s) required: "A" 1. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 MARINERS LIBRARY LEFT TURN - Contract No. 3830 THIS AGREEMENT, entered into this _ day of , 2006, 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 solicited for bids for the following described public work: MARINERS LIBRARY LEFT TURN - Contract No. 3830 WHEREAS, Contractor has been determined by City to be qualified to perform the work and Contractor's proposal, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for MARINERS LIBRARY LEFT TURN - Contract No. 3830, 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 m6st 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. 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 Fifty -Eight Thousand, Five Hundred Two and 001100 Dollars ($58,502.00). 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: Bill Patapoff (949) 644 -3311 (949) 644 -3308 Fax F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 951 - 273 -9600 951 - 273 -9608 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." ` 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 2 • • 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 11185) 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 00291288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: by the Labor Code of the State of a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 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. 3 W 0 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. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. V. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 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 4 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: C <_ AA O C.HARP Assistant City Attorney U HILLCREST CONTRACTING ,,711C'., By, (Corporate Officer) Title: Glenn J. Salsbury - President Print Name: B (Financial Officer) TitieEiner G. Lindholm- V.P. /Secretary Print Name: Company Profile Company Profile Page 1 of 3 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, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? 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. http:// cdinswww.insurance.ca.gov /pls/wu co prof/idb co prof utl.get co prof?p EID =6217 03/01/2006 n U • Reference Information NAIC #: 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. http:// cdinswww.insurance.ca.gov /pls/wu co prof/idb co prof utl.get co prof?p EID =6217 03/01/2006 n U • Company Profile 0 AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement. Action Documents Company Performance.& Comparison Data Composite Complaint_Studies. Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations http:// cdinswww ;insurance.ca.gov /pls /wu co prof/idb co prof utl.get co prof?p EID =6217 Page 2 of 3 03/01/2006 r� LJ 16 1 k Client#: 1723db Ht ACORD- CERTIFICATE OF LIABILITY INSURANCE 02122/06D Y) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arroyo Insurance Services Carter Salisbury Ins Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 50 E. Foothill Blvd., #201 POLICYEFFECTWE POLICYEXPIRATION MMMDrM Arcadia, CA 91006 INSURERS AFFORDING COVERAGE NAIC # INSURED HILLCREST CONTRACTING, INC., AND ROS -MAR EQUIPMENT COMPANY P.O. BOX 18984467 CIRCLE CITY DR. CORONA, CA. 92879.1898 INSURER A Interstate Fire & Casualty Company AGL1400724 INSURER B: Safeco Insurance Co. 01/31/07 INSURER c: State Compensation Fund $1,000,000. 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 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. 1 S LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTWE POLICYEXPIRATION MMMDrM LIMITS A X GENERAL LIABILITY AGL1400724 01/31/06 01/31/07 EACH OCCURRENCE $1,000,000. X COMMERCIAL GENERALLIABILITY DAMAGE TO RENTED $50000.' CLAIMS MADE FX-100CUR MEDEXP(Anycneperwn) $-9- PERSONALSADV IWURY $1,000,000. X $25,000 DIED BI /PD EA.00C. X XCUICONTRACTUAL GENERAL AGGREGATE s2,000,000. /BROAD FORM GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMPMPAGG $2000000. X POLICY FXI PELT LOC B X AUTOMOBILEUMI1ITY ANY AUTO 25CCO02623 12/19/05 12/19/06 COMBINED SINGLE LIMIT (Ea axMaM) E1,OO9,000 X BODILY INJURY (par Person) $ ALL OWNED AUTOS SCHEDULED AUTOS X 80DLLY INJURY (Per =WW) E HIRED AUTOS NON- OWNEDAUTOS X PROPERTY DAMAGE (Per acctlent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLAUABILITY UM01606932 01/31106 01/31107 EACH OCCURRENCE $4000000. X OCCUR D CLAIMS MADE AGGREGATE s4.000.000. S $ DEDUCTIBLE X $ RETENTION s$5.000. C WORKERS COMPENSATION AND 713000669104 10101105 10/01106 X WCSTATU- OTH. FR 10 EMPLOYERIETORIILRY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERRAEMBER EXCLUDED? CERTIFICATE WILL FROM STATE COMP- FOLLOW ENSATION E.L. EACH ACCIDENT 000- - E.L. DISEASE -EA EMPLOYEE $1000000 Ityea, A, PROVISIONS SP PR VISION w FUND INSURANCE CO. E.L. DISEASE - POLICY UMIr $1 000 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT l SPECIAL PROVISIONS ALL OPERATIONS USUAL TO THE NAMED INSURED. RE: IRVINS BLVD., LEFT TURN POCKET TO MARINERS LIBRARY THE CITY OF NEWPORT BEACH, AND THE CITY OF COSTA MESA, THEIR OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS AS RESPECTS (See Attached Descriptions) CITY OF NEWPORT BEACH, PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. Newport Beach, CA 92658 -8915 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL jIaaaWFj=MAIL 'An DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,jafXM XWAMMXXXXM ACORD 25 (2001108) 1 of 3 OS37669IM37461 LOC a ACORD CORIpORAT10N 1988 AMS 25.3 (200+105) 3 of 3 #637669IM37461 0 INSURED: HILLCREST CONTRACTING, INC. 0 POLICY NUMBER: AGL1400724 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: THE CITY OF Any person or organization that the insured is required NEWPORT BEACH, CITY OF COSTA.MESA, THEIR OFFICE tbontracttonameasanadditiona !insured. AGENTS,OFFICIALS, EMPLOYEES & VOLUNTEERS It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional In- sureds) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured(s) operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory with the insurance provided hereunder. (if no entry appeaFs 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 liabAity arising out of "your work" for that insured by or for you. CL 246 (11185) CG 20 10 11 85 elec.aps Copyright, Insurance Services Office, Inc., I W Page 1 of 1 D 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 10 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Jan. 31, 2006 12:01 A.M. standard time I Policy No. Named Insured Countersigned by (Authorized Representative) SCHEDULE Name of Person or Organization: THE CITY OF NEWPORT BEACH, CITY OF COSTA MESA, THEIR 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 this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work° done under a contract with that person or organization and included in the "products- completed operations hazard," This waiver applies only to the person or organization shown in the Schedule above. CL 675 (10.93) CG 24 04 10 93elec.APS. Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 22 79 0196 EXCLUSION- CONTRACTORS - PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I— Coverages) and paragraph 2., Exclusions of COVERAGE B— PERSONAL AND ADVERTISING INJURY LIABILITY (Section I— Coverages): 1. This insurance does not apply to "bodily injury," "property damage," "personal injury" or "advertising injury' arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to eittw or both of t-he foollowing operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with constriction work you perform. 2. Subject to paragraph 3. below, professional services include: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CL 801 (1 -96) CG 22 79 01 96elecAPS Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 THIS ENDORAENT CHANGES THE POLICY. PLEASE READ PAREFULLY. F S A F E C a ADDITIONAL INSURED CA 713512 93 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Wah respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the e ^dorselmenf Endorsement effective 12 -19 -05 e Named Insured Countersign .HILLCREST CONTRACTING INC. (AUtmonaBO Representauve) Schedule . Name of Person or Organization: PER SCHEDULE ON FILE WITH COMPANY Address: 3300 Newport B1. Newport Beach, Ca. 92658 -8915 Premium: $ INCL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) x A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organization(s) shown In the Schedule, but only with respect to "bodily injury" or "property damage" resulting from the acts or omissions. of: 1. You; 2. Any of your employees or agents; 3. Any person, except the additional Insured or any employee or agent of the additional insured, operating a covered "auto" with the permission of any of the above. IL The insurance afforded by this endorsement does not apply. To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 7136 12 93 Page 1 or 1 THIS ENDORONT CHANGES THE POLICY. PLEASE REA104�AREFULLY. S A F E C Cr WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: CA 7134 12 93 BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the. endorsement Endorsement effective a .12 -19 -05 Named Insured Countersig y HILLCREST CONTRACTING INC. (Authorized Representative) SCHEDULE Name of Person or Organizatiom PER SCHEDULE ON FILE WITH COMPANY (If no entry appears above, information required to complete this endorsement will he shown in the Declarations as applicable to this endorsement). We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make to them or on their behalf for injury or damages. arising out of your contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. Premium: $ INCL CA 7134 12 93 cuo-isat,�xromoma�o-v r 0 ARROYO INSURANCE SERVICES Date: 2/22/06 City of Newport Beach 3300 Newport B1. Newport Beach, Ca, 92658 Re: Insured: Hillcrest Contracting, Inc. Company: Interstate Fire and Casualty Company Policy No: UMOI606932 Term: 01/31/06 to 01/31/07 Gentlemen, CITY OF NEWPORT BEACH, etal . for certain work performed by the above captioned insured requires the cancellation wording for their certificate of Insurance be amended to exclude the "Endeavor to .......... But failure to........." wording contained in the cancellation clause. It is agreed and understood that, in the event, of cancellation or non - renewal, Carter Salisbury Insurance Brokers will advise CITY OF NEWPORT BEACH, etal . And will not be the responsibility of Interstate Fire and Casualty Company Very truly yours, a George B. sbury, MBA, CPCU, CL , ARM. Carter Salisbury Insurance Brokers 50 E. Foothill Blvd., Suite 201, Arcadia, CA 91006 (626) 294 -1720 • Fax: (626) 294 -9245 E -mail: georges@arroyoins.com • julieo @arroyoins.com • Licenses #0735912 & 0556538 02 -28 -06 07:55 STATE COMPENSATION IN SUPt AN C6 FUND FROM- hillcrest CvctinE • T -611 P.002/002 F -420 13OLICYHOLDER COPY SK P.O, BOX 420607, SAN FRANCISCO,CA 94142, -0607 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -27 -2006 THE CITY Of NEWPORT BEACH SK PUBLIC WORKS DEPTARTMENT 3200 NEWPORT BLVD NEWPORT BEACH CA 52663 -3816 GROUP 000719 POLICY NUMBER: 0006691 -2005 CERTIFICATE ID; 826 CERTIFICATE EXPIRES: 10 -01 -2OOB 10- 01- 2005/10 -01 -2006 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 924 DATED 02 -27 -2008 UOB:ALL CALIFORNIA OPERATIONS This Is to certify that we have Issued a valld Workers' Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice w the employer. We will also give you 30days advanca notice should this Polley be cancelled prior to Its normal expiration. This certifintte of Insurance is not an Insurance policy and does not amend, extend or alter the coveraae afforded by the policy listed heraln. Netwlthstanding any requirement, term or condition of any contract or other document with respect to which this cartlticate of Insurance may be issued or to which It may pertain, the insurance afforded by the policy dasorlbed hersln Is subject to all the terms, exclusions, and conditions, of such policy. V ORI2EO REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006 -02 -27 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: THE CITY OF NEWPORT BEACH EMPLOYER HILLCREST CONTRACTING INC PO Box lass CORONA CA 02870 IPMF,CSJ IREV.1 -eat PRINTED : 02 -27 -2006 FEB -27 -2006 11:59 FROM: �/ 7149391654 T069496443318 P.1 /1 Fax #: CCfgK1 6y7 `A13 p CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: , a?7 d 6 Dept. /Contact Received From: �P/iat' A 6S &, Date Completed: zk a 7 ZO 6 Sent to: %P` a,14P eZ By: AA,2 do n Company /Parson required to have certificate: 111crCS rorl fra clyrfe, . Zi+1C in el - p 1. GENERAL LIABILITY i �A �! 1 4_ I Gp�-�_ A. INSURANCE COMPANY: 1 ► r C `A &vt6t B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Lid Yes ❑ No D. LIMITS (Must be $9M or greater): What is limit provided? A -Iih") 0< E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It Included? es OWO F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ,,�� officers, officials, employees and volunteers): Is it included? gales ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): is it included? eYes No H. CAUTION! (Confirm that loss or liability of the named Insured is not limited solely by their negligence) Does endorsement include °solely by negligence' wording? 0 Yes M<0 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ff. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater):% C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes [I No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What Is limits provided? t k, I E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F, PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers on ); Is it included? V Ix ❑ Yes No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. ul. WORKERS' COMPENSATION nn LL_ /_ //rr L Q k coo A. INSURANCE COMPANY: V 7yl - ✓I B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory �,� D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes I9No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes &No IF NO, WHICH ITEMS N,EED� TO BE COMPLETED? VJDf% %m Q - k*A I'yevy ,r�_ KAa H ✓ "tQeG� 02 -15 -06 11:59 FROM- hillcrest *acting 0 T -259 P.001 /002 F -443 BH J CREST CONTRACTING General Engineering Contractors tican rr471664A 02 -06 -06 City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Attention: Steve Luy Regarding: Irvine Ave. Turn Pocket Dear Steve, Attached are our prices for the left turn pocket at the Mariner's Library. Please note the following conditions: 1. Price is based on 8:00 AM to 4:00 PM working hours. 2. No irrigation or landscape removals or modifications are included. 3. Construction surveying is not included. 4, Prices are good thm 06- 30 -06, Please call if you have any questions_ Yours Truly, rry i B Chei'Estimator 4 R P.O. Box 1898 • Corona. California, 92878 -1898 • (951) 273 -9600 • FAX (951) 273 -9608 c:28 FROM- hillcrast C2Ltractinff Adik T -279 P.001 /001 F -501 Rid Item Prices for : IRVINE AM @ MARINERS LIBRARY JERRY BLAIR 211ww /laaaNhr Yl /M 77nir Prirn T ml Arina ?—EMWVALS, EXCAVATION, &GRADING LOOLS $13,600.000 $13,600.00 - = TYPE A CURB & GUTTER 10.00LF $65.000 $650.00 - THICK CROSS GUTTER 210.00817 $23.000 $4,830.00 AC BASE COURSE 52,OOTN $140.000 $7,280,00 2" AC CAP 21.00TN $140.000 $2,940.00.r --- 7CK STAMPED CONC. ON 4" CMB 112.00 SF $61.000 $6,832,00— TROTECTIN PLACE LOOLS $100,000 $100.00 , SP -YT FACED 13LOCK WALL 27.00LF $210.000 $3,670,00, C -6" CURB & GUTTER 116.001,17 $65.000 $7,540.00 TRAFFIC STRIPING & SIGNING LOOLS LS $2,250.000 $2,250,00 T'tAFFICCONTROL lAOLS $3,400.00O $3,400.00'' DEEP ROOT MOISTURE BARRIER 110.001-F $31.000 $3,410.00 SubtntaI $58,502.00 3 ALS 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS LIBRARY LEFT TURN - CONTRACT No. 3830 TABLE OF CONTENTS INSTRUCTIONS ............................................................... ..............................1 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................2 NOTICE TO CONTRACTOR ............................................................ ..............................3 CONTRACT...................................................................................... ............................... 4 LABOR AND MATERIALS BOND .................................................... .............................10 FAITHFUL PERFORMANCE BOND ................................................ .............................12 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 CITY OF COSTA MESA ENCROACHMENT PERMIT ....................... ............................... 01 0 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARINERS LIBRARY LEFT TURN CONTRACT NO. 3830 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS 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 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 0 0 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7-8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7- 10.3.1 Construction Sequencing 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.6 Street Sweeping Signs 7 -10.7 Notice to Businesses and Residents 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel SECTION 214 PAVEMENT MARKERS 214-4 NON - REFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS PART 3 - -- CONSTRUCTION METHODS 5 5 5 6 6 6 6 6 6 7 7 7 7 7 8 8 8 8 9 9 9 9 11 11 11 11 11 11 11 11 11 SECTION 300 EARTHWORK 11 312 -1 PLACEMENT 16 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 16 • • 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 302 -5.4 Tack Coat 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302 -6.6 Curing 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.5 Finishing 13 303 -5.5.1 General 13 303 -5.5.2 Curb 13 303 -5.5.4 Gutter 13 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 13 308 -1 GENERAL 13 SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 310 -5.6.6 Preparation of Existing surfaces 15 310 -5.6.7 Layout, Alignment and Spotting 15 310 -5.6.8 Application of Paint 15 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 16 312 -1 PLACEMENT 16 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 16 • 0 400 -2 UNTREATED BASE MATERIALS 16 400 -2.1 General 16 400 -2.1.1 Requirements 16 • • SP 1 OF 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MARINERS LIBRARY LEFT TURN CONTRACT NO. 3830 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5905 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 includes: removing existing improvements; constructing curb, gutter, cross gutter, decorative walk and wall; placing asphalt pavement; and performing other appurtenant and incidental 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 one set of construction staking as required to construct the improvements. Additional stakes or re- staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey ties and/or monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." • SP 2 OF 16 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. • • SP 3 OF 16 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 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, SBC, Cable Television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. 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." 02/23/2006 10 :57 000000000000 ENGINEERING PAGE 03/03 SP 4 OF 16 No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work and Traffic Control Plan 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 commencing any work. Schedule may be bar chart or CPM style. 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 Contractor has exerted extra effort to meet its original schedule and has demonstrated that it will be able to maintain its approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from its 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 )ob." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within twenty consecutive working days after the date on the Notice to Proceed. " 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 1",t 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 4ffi, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 251" (Christmas), and December 3181 (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 8:00 a.m. to 4:00 P.M. Monday through Friday. The Contractor, his/her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72.hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer "41 2,27_ ad' 0 • SP5OF16 reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 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. 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City . seven calendar days notice of the time desired for the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. Shutdowns will not be allowed on Fridays. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall contact the City's Storm Drain Supervisor, Jim Auger at (949) 795- 7045, 24 -hours in advance of the abandonment of any storm drain lines or manholes. The Contractor shall contact the City's Park Maintenance Supervisor, Randy Kearns at (949) 795 -8534, 48 -hours in advance of the need to shut down any irrigation systems for Newport Shores Park. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West • • SP6OF16 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. An underground utility district is also underway in the neighborhood and the work shall be coordinated with the underground contractor." 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 the 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 shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -8.6.1 Best Management Practices and Monitoring Program. The contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater runoff from the project site. The BMP will be approved by the Engineer prior to any work. The Contractor shall monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to contain runoff will result in immediate cleanup by City Forces and the back charging of the contractor for all costs plus 15 percent. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). The Contractor shall phase his construction activities in order to minimize the inconvenience to the community. The Contractor shall submit any proposed changes in 0 • SP7OF16 writing to the Engineer prior to beginning any construction. No additional compensation will be due the Contractor for any approved changes." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. 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 traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. 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 and detour plans shall 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. 4. All streets shall be open to traffic at the end of each work day. 7 -10.4 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." • • SP8OF16 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping sings and remove the temporary "NO PARKING - TOW AWAY" signs." 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent homeowners, within 100 feet of the project, the adjacent school and library describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent businesses and residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. • • SP 9 OF 16 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. 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 Removals, Excavation and Grading: Work under this item shall include removing, excavation, disposing of existing roadway materials in reconstruction areas only, subgrade compaction, grading and all other related work as required by the Contract Documents. Work under this item shall also include providing bonds, insurance and financing, preparing the SWPPP, obtaining a rider to the City's permit with the City of Costa Mesa, complying with City of Costa Mesa requirements, construction schedule, and all other related work as required by the Contract Documents. Irrigation and landscaping removal and modifications will be performed by others and are not a part of this bid item. Item No. 2 Protect in Place: Work under this item shall include protecting all existing improvements in place and all other work items as required to complete the work in place. Item No. 3 Type "A" PCC Curb and Gutter: Work under this item shall include constructing P.C.C. curb and gutter with a 6 -Inch curb face, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, 0 • SP 10 OF 16 and all other work items as required for performing the work complete and in place Gutter width shall be 18 inches unless otherwise noted. Item No. 4 Type "A" PCC Curb and Gutter (Costa Mesa): Work under this item shall include constructing P.C.C. curb and gutter with a 6 -Inch curb face, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place in compliance with City of Costa Mesa requirements. Gutter width shall be 18 inches unless otherwise noted. Item No. 5 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 6 5 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing 5 -inch thick asphalt pavement base course and all other work items as required to complete the work in place. Item No. 7 2 -Inch Thick Asphalt Pavement Finish Course: Work under this item shall include constructing 2 -inch thick asphalt pavement finish course and all other work items as required to complete the work in place. Item No. 8 4 -Inch Thick Stamped Colored PCC Sidewalk on 4 -Inch CMB: Work under this item shall include constructing the 4 -inch thick stamped colored P.C.C. sidewalk on 4 -inch crushed miscellaneous base, and all other work items as required to complete the work in place. The stamp pattern and color shall match existing as specified in the plans. Item No. 9 Split Face Block Wall: Work under this item shall include constructing a footing and a split face block wall to match the existing adjacent block walls as shown on the plans, and all other work items as required to complete the work in place. Item No. 10 Deep Root Moisture Barrier and Root Pruning: Work under this item shall include exposing and trimming the roots of trees interfering with the construction and installation of moisture barriers to the satisfaction of the City's Arborist, installing deep root moisture barrier and all other work items as required to complete the work in place. Item No. 11 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, posting signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes • • SP 11 OF 16 furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 12 Traffic Striping and Signing: Work under this item shall include installing traffic striping, regulatory signs, pavement markers, inventorying existing curb markings and replacing those markings in kind when curb replacement is required and all other work items as required to complete the work in place. 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." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C -3250 unless specified otherwise." 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 with 2 -inch minimum cover unless shown otherwise on drawings." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 0 300 -1 CLEARING AND GRUBBING 300 -1.3. Removal and Disposal of Materials • SP 12 OF 16 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1-Y2 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 302-5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (AC) base course used shall be III -133 -AR -4000. The asphalt concrete (AC) finish course used shall be III -C3 -AR -4000. All cracks 1/4-inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom • SP 13 OF 16 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps 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 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor • • SP 14 OF 16 shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. 0 • SP 15 OF 16 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 - -- PAINTING 310-5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slung seal by a method approved by the Engineer." 310.5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. The Contractor shall locate and inventory all existing curb markings (e.g. red, yellow or green curb) in the project limits and repaint in kind, where the curb has been replaced. A written copy of the inventory noting the location of the curb markings shall be provided to the engineer." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the n U • SP 16 OF 16 Contractor removes /covers /damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "I. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base or better as the base materials." F:IUSERSIPBW1Shared\Contracfs\FY 05- 061NEWPORT SHORES PAVEMENT C- 37211SPECS C- 3721.doc CITY OF COSTA MESA • DEPARTMENT OF PUBLIC SERVICES 77 FAIR DRIVE, COSTA MESA, CA 92626 Public Services: (714) 754 -5323 • Fax: (714) 754 -5028 • TDD: (714) 7545244 Call (714) 754 -5025 by 3:00 p.m. for next business day inspection DATE: 01 -06 -2006 Encroachment PERMIT NO. P806 -00013 BY: WONG_G Original Permit No. : ; Address of Work: 498 BROADWAY Suite or Unit # Location: Description of Work: CONTRUCTION SOUTHBOUND LEFT TURN LANE. SAW CUT AND REMOVE EXISTING CURB AND GUTTER. CONSTRUCT NEW CURB AND GUTTER AND PAVE NEW LEFT TURN POCKET. MODIFY LANDSCAPE, IRRIGATION SYSTEM AND 16" HIGH CINDER BLOCK WALL.. RESTRIPE PER PLAN. TRAFFIC CONTROL PER ATTACHED PLAN. - Stan Date: 01/23/2006 Permit Expiration Date: 07/06/2006 Building Reference No: NIA Planning Reference No. (Project No.): N/A Contractors Name: CITY OF NEWPORT BEACH Phone No: 949 -644 -3311 Address: 3300 NEWPORT BLVD NEWPORT BEACH, CA State License No.....: City Business License No.: - - - -. ...'�Insurance Company: - - - Insurance Certificate No. 24 -Hour Emergency Contact: CITY NB DISPATCH 24 Hr Telephone No.: (949) 644L3717 -- UG.Service Alert ID No -; WILCALL Name: CITY OF NEWPORT BCH'S I`EUE WY Applicant's Developer's Name: - - - - Telephone No.: FEES: Permit Fees: $,D.00,.-a ,� - BOND AMOUNT: 40.00 _ DEPOSrr - . TOTAL F* £F$O`00` -i- - Date: 06' SIGNATURE OF APPLICANT 6— PERMIT APPROVED FOR CITY ENGINEER By: � /+�_ �i._�Date: NOTE: Applicant shall reference the attached Conditions, and Municipal Code Sections applicable to this permit J CITY OF NEWPORT BEACH ° o" CITY COUNCIL STAFF REPORT 0 (mloo-yC*) Agenda Item No. s19 February 14, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum 949 -644 -3311 sbadum@cfty.newport-beach.ca.us SUBJECT: MARINERS LIBRARY LEFT TURN - AWARD OF CONTRACT NO. 3830 TO HILLCREST CONTRACTING RECOMMENDATIONS: Approve the plans and specifications. 2. Adopt Resolution No. making findings that this work is deemed an urgent ��.. necessity and wave standard bidding procedures. 2. Award Contract No. 3830 to Hillcrest Contracting for the Total Bid Price of $58,502, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $3,500 (6 %) to cover the cost of unforeseen work, and geotechnical, materials testing, and survey as needed under the existing On -Call Professional Services Agreements not to exceed $8,000. 4. Please appropriate $70,000 from unappropriated surplus Circulation & Transportation fund balance to the Mariner's Library capital improvement account (7261 - 05100661) for street improvements related to library access and traffic. DISCUSSION: During the course of construction of the new Mariners Library, staff revisited the potential need to modify the median alignment on southbound Irvine Avenue to provide a left turn pocket which will accommodate traffic turning into the library entrance. Working with the City of Costa Mesa (the City boundary is the centerline of Irvine Avenue), staff has secured permits to construct a small left turn pocket that will improve safety for vehicles wishing to enter the library parking lot from the southbound direction. N • Mariners Library Let — Award of Contract No. 3830 February 14, 2006 Page: 2 The planned Library opening is April 20, 2006. In an effort to construct the turn pocket before the library opening, staff solicited three bids from contractors who are currently or have recently performed work for the City. The following bids were received by the Public Works Department. BIDDER TOTAL BID AMOUNT Low Hillcrest Contracting $58,502 2 Elite Bobcat Service, Inc. $65,645 3 Excel Paving Company $79,100 In addition to the above work, landscape and irrigation work will be performed under current City contracts. The estimated cost of this work is $8,000. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers minor alterations of public highways and facilities involving negligible or no expansion of use beyond that existing at the time the project was authorized by City Council. Geotechnical and Survey Services: Geotechnical and survey will be performed under existing on call contracts as needed. Funding Availability: There are no funds currently appropriated for this project $70,000 would become appropriated upon approval of Amendment and sufficient funds will be available in the project. Account Description Account Number Mariners Library 7261- C5100661 Prepared and submitted by: lA-Vyk Stephen G. Badum W Public Works Director Attachment: Budget Amendment Funding in the amount of the recommended Budget following accounts for the Amount $70,000 .i �J 0 • } RESOLUTION NO. 2006-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EMERGENCY BIDDING PROCESS FOR THE MARINERS LIBRARY LEFT TURN PROJECT, CONTRACT NO. 3830 WHEREAS, The City of Newport Beach is currently constructing a joint library facility, Donna and John Crean — Mariners Library, with Newport Mesa Unified School District which is scheduled to open on April 21, 2006; and WHEREAS, the City is proactive in its efforts to maintain safe highways; and WHEREAS, The Public Works Department has determined that the installation of a left turn pocket on southbound Irvine Avenue will provide improved safety for vehicles desiring to enter the library parking lot ; and WHEREAS, the location of the proposed left turn pocket resides within the City of Costa Mesa's jurisdiction and that the City of Costa Mesa has approved a permit to construct said project; and WHEREAS, the City's standard bidding procedures would cause the completion of the proposed project to occur beyond the library opening date; and WHEREAS, the City Staff has implemented an emergency bidding process for the construction of the southbound Irvine Avenue left turn pocket at Mariners Library. NOW, THEREFORE, it is hereby Determined and Resolved by the City Council of the City of Newport Beach that the construction of the Irvine Avenue left turn pocket at Mariners Library is of urgent necessity for the preservation of life, health and property; and BE IT FURTHER RESOLVED, that the City Council hereby authorizes and approves the emergency bidding process for the Mariners Library Left Turn, Contract No. 3830, in accordance with Section 1110 of the City Charter. Adopted this 14th day of February, 2006. ATTEST: LaVonne Harkless CITY CLERK Don Webb MAYOR F:1 UsersVP SWISharedlResolutlons%Mariners Library Left Turn Emergency Award-doe NO. BA- O68A Q of Newport Beach . 044 • BUDGET AMENDMENT 2005 -06 AMOUNT: $7a,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance 8 Increase Expenditure Appropriations AND M Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations in the Circulation & Tranportation Mariners Library improvement account from unappropriated fund balance for median alignment modification on southbound Irvine Avenue to provide left turn into the library entrance (Contract # C3830). ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account Description 260 3605 Circulation & Transportation REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $70,000.00 " $70,000.00 off" /d -6U Date Date Date Description Division Number 7261 Circulation & Transportation Fund Account Number C5100661 Mariners Library Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $70,000.00 " $70,000.00 off" /d -6U Date Date Date