Loading...
HomeMy WebLinkAboutC-3937 - Newport Heights Traffic Calming Improvementsr 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 8th day of June, 2007, at which time such bids shall be opened and read for NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS Title of Project Contract No. 3937 $ 158,000 Engineer's Estimate by 'tephen G. Badum blic Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE htt o:l/www.citv.newoort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $ 10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classlffcation(s) required for this project: "A" For further information, call Antony Brine, Project Manager at(949)644-3329 0 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR-1 SPECIAL PROVISIONS ...................................... ...................................................... SP -1 2 Y • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in acoordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidders security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per them wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing .wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 471664 A Contractor's License No. & Classification HILLCREST COANTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT June 7, 2007 Date BOND #08560235 PREMIUM NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3931 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and _ firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 102 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS, Contract No. 3937 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an Individual, it Is agreed that the death of any such Principal shag not exonerate the Surety from its obligations under this Bond. Witness our hands this 1ST day of JUNE 2007. HILLCREST CONTRACTTnr. TNC_ Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone Authorized SignaturaTitle - — — GLENN J..�SALS URY, PRESIDENT BY:S NN!` _ L Authorized�Agent Signature DAVID L. CULBERTSON /ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON June 7, 2007 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury, personally known tome, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. ALICE M. ENGLISH Witness my hand and official seal Omy Corny Public ,# 1514998 Notary Publtc • CalNomla Riverside County Comm. Explres Oct 21,2008 Alice M. English, Not Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: BIDDER'S BOND Document Date: June 1, 2007 Number of Pages: ONE Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbun+ ❑ Individual U Corporate Officer - Title(s): President ❑ Partner Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HULLCREST CONTRACTING, INC. 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULBERTSM personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. LEXiESHERWOOD COMM. #1593951 a NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY Sign u e of N tary Public 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 DOCUMEPTT BID BOND TITLE OR TYPE OF DOCfMWr NUM9= OF PAGES 1 DATE OF DOCt!)R T 6 -1 -07 CAPACITY CIJLZWD BY SIC$VER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITYIS) 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 h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB a OOD, all of Anaheim, California, EACH its true and lawful agent and u d deliver, for, and on its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these prese l a in as fully and amply, to all intents and purposes, as if they had been d rs t a h ularly elected officers of the Company at its office in Baltimore, Md., ilp r attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said AssistatttL'jsby certify that the extract set forth on the reve se side hereof is awe copy of Article VI, Section 2, of the By- s 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 15th day of November, A.D. 2006, ATTEST: `�C DEYOS i, �,,. s °, ItM i State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND i",( --), % � Eric D. Barnes Assistant Secretary n 1;�� illy By: William J. Mills Vice President On this 15th day of November, A.D. 2006, 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 he 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. �.i1f11, 11.1`` POA -F 012.4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1ST day of JUNE 2007 Assistant Serretar Best's Rating Center - CompanSformation for Fidelity and Deposit C9any of Maryl. Industry Research Rdinps Definitions t Search Best's Ratings Press Releases Related Products Industry & Regional CDunity Malt HOW to 09 Rated Carded an An*st Financial Strength Issu"r redit Securi tles Advanced Search Fidelity and Deposit Company of Maryland (a member of Zurich Financial Services Group) A.M.B.110: 00387 NAIC X: 39306 FEIN a: 13306657] Address: 1400 American Lane Phone: 847 - 605 -6000 Schaumburg, IL 60196 -1056 Fax: 647 -605 -6011 Web: www.zurichna.com Best's Ratings Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: g (Group) Financial Size Category: XV (Greater than $2 Billion) Outlook: Stable Action: Affirmed Effective Date: December 20, 2006 * Denotes Under Review Best's Ratings Page 1 of 2 Other Web Centers: I' our opedn. anm dlestnat have. fury on,oh. an ew bons abil9y b nret 90 holdeg obligationsb polifynfl4ers. Issuer Credit Ratings Viewpefnitions Long -Term: a* Outlook: Stable Action: Affirmed Date: December 20, 2006 Reports and News Visit our Ne"Room for the latest news and press releases for this company and Its A.M. Best Group. Best's Cemoanv Report - includes Best's Financial Strength Rating and rationale along with comprehensive analyt detailed business overview and key financial data. 1 Report Revision Date: 12/20/2006 (represents the latest significant change). Historical Reports are available in Bgst's Comoanv Report Archive. _1, Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style n sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2007 Best's Statement File - P /C, US. Contains data compiled as of 616/2007 (Quality Cross Checker • Single Company - five years of financial data specifically on this company. • Com arp ison - side-by-side financial analysis of this company with a peer group of up to five other companies yc • Campsite - evaluate this company's financials against a peer group composite. Report displays both the avere composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available free from Adobe System: option is also available once the report has been opened using Adobe Reader. Best's Key Raeng.gaotde Presentation Report - includes Best's Financial Strength Rating and financial data as pn Rating Guide products. !� Data Status: 2005 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's PropertylCas hilly Ceneef,. Pmnn1Vm Dala $ Rggorts Best's Key Rating Guide.- P/C, US &.Canada Best's Statement File - P /C, US Best's Statement File- _Global Best's Insurance Reports - PIC US & Canada Bests State Line - US Best's Best's Insurance_ Expense Exhibit (IEE) - P /C, US Best's State /Line (Combined Lines Pip US Bgst's.$Wt.e Line - .Property 1 Casualty.- Single State Customer Service Product Su000rt I erniter Center I Contact Info I Careers About A.M. Best i Site Mao Priveov Policy Secuu>njj Terms of Use I Legal & Licensing http: / /www3.atnbest.com/ ratings /FullProfile.asp ?B1= 0 &AMBNum= 387 &AItSrc =1 &Alt... 06/11/2007 0 . 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only.in accordance with State law and /or the Standard Specifications for Public Works Constriction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Nam r Description of Work T f Name: 54/ ,ogivCc7 I� Address:! //! �4 f ff 4�CQ'LC @t l�ri c�� '. '. Phone: tee 7/ f �76 J State Ucense Number: o 9a Name: kl - cueAco Address:53- 9,5-Alol-,�-�` C9-- ©4i y - Phone: State License Number. Name: rOo q tk g^-!� ky r c�-f r; „ ^ ✓ !►c' f%L A v Address: /gJ3 0✓ Porn 5t7 7 � G4 • 8 Phone: •] /fir —G 3 7 -`i(STV State License Number: 6 V HILLCREST CONTRACTING, INC. Bidder Au horized Signaturerttle GLENN J. SALSBURY, PRESIDENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formic! Please print or type! Bidders Name HILLCREST CONTRACTING, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Railroad Grade Crossings Project Description Railroad Crossings at 7 Separate Locations Approximate Construction Dates: From 08103 To: 12103 Agency Name Alameda Corridor East Contact Person Lou Cluster Telephone @26 ) 962 -9292 Original Contract Amount $704,581 Final Contract Amount $763,578 If final amount is different from original, please orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 0 0 No.2 Project Name /Number Barham Avenue Widening Project Description Signalization and Widening at Barham Ave. and State Route 78 Approximate Construction Dates: From 06104 Agency Name City of San Marcos 12104 Contact Person _ Ryan Bishop Telephone�60 ) 752 -7550, EXT: 3303 Original Contract Amount $393,132 Final Contract Amount $ 402,086 If final amount is different from orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number Civic Center Parking Lot Renovation Project Description Rebuilding Parking Lots, Including Landscape, Lighting & Tennis Courts Approximate Construction Dates: From 10104 To: 03105 Agency Name City of Cypress Contact Person Karran Dadbeh Telephone (714/ 229 -6756 Original Contract Amount $1,910,86inal Contract Amount $2,091,535 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? if yes, briefly explain and indicate outcome of claims. • No. 4 Project Name /Number Mission Boulevard Revitalization Project Description Widening, Medians, and Signal Work on Mission Boulevard and Riverview Approximate Construction Dates: From 06105 To: 11/05 Agency Name Riverside County Economic Development Agency Contact Person _ Chuck Krieger TelephonMl ) 684 -6900 1,467,054 Original Contract Amount $ Final Contract Amount $ 1,850,000 If final amount is different from original, please explain (change orders, extra work, etc.) OWN R INITIAT D CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and Indicate outcome of claims. No. 5 Project Name /Number Yucaipa Boulevard Street Improvements Project Description Widening of Yucaipa Boulevard and Signals from 5th Street to 7th Street Approximate Construction Dates: From 03104 To: 01105 Agency Name City of Yucaipa Contact Person Margaret Shively Telephone (9091 797 -2489 1,379,740 1,562,320 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 0 0 No. 6 Project Name /Number Walden Estates Project Description Street Improvement, Brea, California Approximate Construction Dates: From Agency Name Shan Homes 03106 To: 02106 Contact Person Rodger Gazelle Telephone704 ) 822 -6634 Original Contract Amount $877,460 Final Contract Amount $_1,400,000 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. SEE ATTACHED Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. HILLCREST CONTRACTING, INC. Bidder . - 10 Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT Thomas Hewitt � 1467 Circle City Drive, Corona, CA 92879 -1668 Phone 951/273 -9600, Fax 951/273 -9608 Q U A L I F I C A T I O N S Over "years experience in highway construction and site development. examples, Managed all aspects of construction on multiple projects encompassing everything from minor to multi - million dollar public works and private contracts. Responsibilities included (but not limited to): knowledge and interpretation of contract documents, specifications and plans; quality control management; scheduling projects; supervising Forman; coordinating personnel, equipment, materials, and subcontractors; managing and controlling job costs; negotiating change orders; acting as company liaison with all controlling agencies and owners; coordinating an indefinite number of projects simultaneously, each operating with multiple crews and subcontractors. Currently certified in Hazardous Waste /Health and Safety Training, Cal -OSHS Trenching and Excavation Standards of California (Competent Person), CPR and First Aid. WORK H I S T O R Y Superintendent, Hillcrest Contracting, Inc., Corona, CA Feb. 1995 to Present General Superintendent Sully - Miller ConM Co., Anaheim, CA Jan. 1993 to Feb. 1995 General Superintendent, Griffith Company, Santa Ana, CA July 1976 to Dec. 1992 Project Foreman, Sully - Miller Contracting Co., Orange, CA 1965 to July 1976 Truck Driver -Prime Mover, Warren Southwest Duarte, CA 1963 to 1965 Truck Driver, D.F.H. Trucking, El Monte, CA 1961 to 1963 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 NON - COLLUSION AFFIDAVIT State of California ) County of Riverside � GLENN J. SALSBURY being first duly swom, deposes and says that he or;V is PRESIDENT of HILLCREST CONTRACTING. INLthe party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has riot directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested In the proposed Contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. HILLCREST CONTRACTING, INC. Bidder Authorized SignaturefTitte GLENN J. SALSBURY, PRESIDENT Subscribed and swom to (or affirmed) before me on this 7th day of June 2007 by Alice M. English, Notary Public personally known tome or p vm II @ beams ef-sakstast *Wda les to be the person(ljtwho appeared before me. ALICE M. ENGLISH Commissbn # 1514998 Notary Public - Colifomlo _ Riv"de County My Comm. Expires W 21, 2008 [SEAL] 11 Notary Public Alice M. English, Notary Public My Commission Expires: 1012112008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 DESIGNATION OF SURETIES Bidders name HILLCREST CONTRACTING, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): SEE ATTACHED 12 0 DESIGNATION OF SURETIES BONDING: Fidelity and Deposit Company of Maryland 225 S. Lake Avenue, #700 Pasadena, CA 91101 626/792 -2311 FAX - Not Available BONDING Culbertson Insurance Service AGENT: 5500 E. Santa Ana Canyon Road Anaheim, CA 92807 714/921 -0530 FAX 714/921 -20% INSURANCE: Carter Salisbury Insurance Company 2900 West Broadway Los Angeles, CA 90041 PO Box 41498 323/550 -7900 Fax 323/256 -0800 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name HILLCREST CONTRACTING, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. SEE ATTACHED FOR INDUSTRIAL SAFETY RECORD 13 Current Record Record Record Record Record Yearof for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases Involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. SEE ATTACHED FOR INDUSTRIAL SAFETY RECORD 13 17 O r F W v 0 0 ti h U U ICY U O U O e 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 W V V7 b° tft hO O N N N N n O O N O O O CV to kf) N M Cl) 00 00 C tn O O V'1 ke) kf) Vl N O O N N ON N h kn a M M CN C ON m O O M M M M N N O O N o0 N 00 as N N a N '. m Cl) 0 0 N N M M O O ?? N 00 00 '. N N 00 00 00 M 00 O O [� n n n N� O O M! m ccn N N p U m y C q cC y p 03 vi c. b o o o o o o o c R ro . 3 3 4) 3 .? 3 3 3 D a b q a o x ca o o° o ,o U H zUzzuzzuz SzuzzuzC.)Z �z�3 z N m 1 h 1p It, 00 ti h U U ICY U O U O 1: Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: E HILLCREST CONTRACTING, INC. 1467 Cir. City Dr., Corona, CA 92879 -1668 951!273 -9600 471664 A Title General Engineering Contractor The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder GLENN J. SALSBURY Date Title Signature of bidder Date June T. 2007 Title Vice PresidentlSecretary Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, If he is doing business under a fictitious name, the fictitious name must be set forth. if bidder is a partnership or joint venture, legal name of partnershipfjoint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partnersrJoint ventures if submitted with evidence of authority to act on behalf of the partnershiproint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 J CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On June 7, 2007 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury and Einer G. Lindholm personally known to me, to be the ep rsons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the erp sons or entity upon behalf of which the persons acted, executed the instrument. ALICE M' ENGLISH Commission # 1514998 -a Notary PubIiC - Cal"omla ' Riverside County My Comm. ExplresOcf21, 2008 Witness my hand and official seal AQL Alice M. English, N Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: CONTRACTOR'S EXECUTION OF BID PROPOSAL Document Date: June 7, 2007 No. Of Pages: ONE Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: GLENN J. SALSBURY & EINER G. LINDHOLM ❑ Individual U Corporate Officer - Title(s): President & Vice President /Secretary ❑ Partner Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT_. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 ACKNOWLEDGEMENT OF ADDENDA Bidders name HILLCREST CONTRACTING, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 INFORMATION REQUIRED OF "BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: CORPORATION Business Address: 1467 Cir. City Dr., Corona, CA 92879 -1668 Telephone and Fax Number: 9511273 -9600 9511273 -9608 California State Contractor's License No. and Class: 471664 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 02/26/1985 Expiration Date: 04/30/2009 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Jerry Blair, Chief Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 9511273 -9600 GLENN J. SALSBURY PRESIDENT 1467 Circ. City Dr., Corona, CA EINER G. LINDHOLM VICE PRES. /SEC. (SAME AS ABOVE) 9511273 -9600 Corporation organized under the laws of the State of California 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; NIA Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes Is Are any claims or actions unresolved or outstanding? Yes No 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. HILLCREST CONTRACTING, INC. Bidder GLENN J. SALSBURY (Print name of Owner or President of Corporation /Co ny) Authorized Signaturelritle PRESIDENT PRESIDENT Title June 7, 2007 Date Subscribed and swom to (or affirmed) before me on this 7th day of June by Alice M. English, Notary Public personally known to me or p °adz tl e€aetisfset esri ee to be the personOO who appeared before me. ALICE M. ENGLISH lit; ^%�'`�" -� �Cr����l'•"�/"' 1 Commiasbn # 1514998 -e Notary PubBc - California Notary Public atversidecounty Alice M. English, Notary Public Nly Comm. Expires Oci21, 2008 [SEAL] My Commission Expires: 10/21/2008 18 2007 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 CONTRACT THIS AGREEMENT, entered into this&hday ofJc�n42007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Hillcrest Contracting, Inc., a California Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS Remove miscellaneous concrete; remove traffic striping; construct P.C.C. curb; construct stamped concrete pavement; construct curb access ramp with detectable warning surface; install traffic striping, signs and markings; temporary traffic control. Contract No. 3937 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3937, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. R0 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of ONE HUNDRED SEVEN THOUSAND, SIXTY AND 001100 DOLLARS ($107.060.00). 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: Antony Brine (949) 644 -3329 CONTRACTOR Hillcrest Contracting, Inc. 1467 Circle City Drive Corona. CA 92879 -1668 951- 273 -9600 951 - 273 -9608 Fax Attention: Glenn J. Salisbury F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 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 I•AI 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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. 22 • ! 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. 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 23 • amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, 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 active 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. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 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. APPR ED AS TO FORM: S AARON C. HARP Assistant City Attorney 25 CITY OF NEWPORT BEACH A 92 CONTRACTOR By: z���L (Corporate Officer) Title: CI=n I. SnlSbury- F*$Weot Print Name: QK (FinMal hoer Titl .Ainer G. Lindholm- W./Secretuy Print Name: EXECUTED IN FOUR COUNTERPARTS 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS. CONTRACT NO. 3937 BOND NO. 7592440 FAITHFUL PERFORMANCE BOND The premium charge on this Bond is $ 987 being at the rate of $ 9.3816.88 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Cafifomia, by motion adopted, awarded to Hillerest Contracting, Inc., hereinafter designated as the "Principal ", a contract for construction of NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS, Contract No. 3937 in the City of Newport Beach, In strict conformity with the plans, drawings, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute Contract No. 3937 and the terms thereof require the fumishing of a Bond for the faithful perronnance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED SEVEN THOUSAND, SIXTY AND 001100 DOLLARS ($107.060.00) 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 Principal's heirs, executors, administrators, successors, or assigns, flail 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. 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, Including reasonable attorneys fees, incurred by the City, o* in the event the City is requited to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the PrincIpal and Surety above named, on the 18TH day of .TUNE '2007. CCilmn J. Salsbury- Presiidad Hilicrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone BY Authorized Slgnaturelidie BY: Zomw� Authorboaff Agent Signature RICHARD A. COON /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT 0 S 959E (2004) State of California County of Orange ss. On 6 -19 -07 before me Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared Richard A. Coon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. MORAMM ,;� lnro9sz CIAN NGE CpUWry�NEXP. F� 17.2008+ WITNESS my hand seal. (�and 'o�fsficcial Signature � G' )k' ,,/ (seal) JaV C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Performance Bond M DOCUMENT TITLE OR DESCRIPTION a ga DOCUMENT DATE: 6 -19 - 07 NUMBER OF PAGES: two (2 ) Ir Irffi COMMENTS: eo a s s S 959E (2004) .... ,.. F���' . �:'< i '� ':r ,•: 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON June 20, 2007, before me. Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE SANTIAGO COMM. # 1703618 i Z • -m NOTARY PUBLIC • CAUFORNIA� RIVERSIDE COUNTY My Comm. Expires Nov. 612010 Witness my hand and oftial seal 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 DocOument: Performance Bond Document Date: June 18 .2007 Number of Pages: Two Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Representing: Hillcrest Contracting, Inc 0 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 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 a by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and , a d deliver, for, and on its behalf as surety, and as its act and deed: any an n Va xecution of such bonds or undertakings in pursuance of these prese I 6 ) ' in ( as fully and amply, to all intents and purposes, as if they had been d t h cted officers of the Company at its office in Baltimore, Md., ip tJ�p a attorney revokes that issued on behalf of Richard A. COON, Chi L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ° s�eliy certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s 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 15th day of November, A.D. 2006. F�MM TDIw� J�'Ojv, n O P O tt� Z r4 m State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND i / ✓ - -- N, J Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, 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. olnn„roq, POA -F 012 -4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 0 9 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of'the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fan as provided in Article Vl, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 18TH day of JUNE 2007 J Assistant Secretary EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 BOND NO. 7592440 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS, Contract No. 3937 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3937 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSTT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Suretir) are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED SEVEN THOUSAND, SIXTY AND 001100 DOLLARS ($107.060.00) lawful money of the United Slates of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Band, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. El 0 9 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it'does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it Is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18TH day of JUNE . 2007. Glenn J. Salto Pmidad Hillorest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone BY: rz?/A RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 9 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT S 959E (2004) State of California County of orange SS. On 6 -18 -07 before me,Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared Richard A. Coon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN C. 'OR COAAbI i !47096) NOURY PUaLGC/I(�pRN� O ORANGE COUNTY COMM. FEB. 17, 2009 WITNESS my hand and official seal. Signature � C' T ' do "• fi """ (seal) J4 C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Payment Bond g DOCUMENT TITLE OR DESCRIPTION a 0 DOCUMENT DATE: 6 -18 -07 NUMBER OF PAGES: two (2) 3 I` COMMENTS: 0 s S S 959E (2004) 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON June 20, 2007, before me, Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ea rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. *.. MICHELLE SANTIAGO Witness my ha nd official seal CR. # 1703618 Z NOTAOMM-CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Nov. 6, 2010 Michel Santiago, (Mary Pu OPTIONAL Though law does not require the information below,?tE4.,ady 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 DocOument: Payment Bond Document Date: June 18 , 2007 Number of Pages: Two Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Representing: Hillcrest Contracting, Inc r� u 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 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 h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and t, ,° d deliver, for, and on its behalf as surety, and as its act and deed: any an n xeculion of such bonds or undertakings in pursuance of these prese I Ina t as fully and amply, to all intents and purposes, as if they had been d ac n h ularty elected officers of the Company at its office in Baltimore, Md., i�p 0 er attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, a ew P. FLAKE, Lexic SHERWOOD, dated November 7, 2005. The said Assistants by certify that the extract set forth on the reverse side hereof is awe copy of Article VI, Section 2, of the By- s 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 15th day of November, A.D. 2006. ATTEST: State of Maryland iss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, 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, d \P\fl r�'O4rr POA -F 012 -4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article Vi, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this I 18TH day of NNE , 2007 0 Assistant Secretary r1 a AcoRn CERTIFICATE OF LIABILITY INSURANCE OP ID °ATE (MM OD YYYY) HILLC -1 06 15 07 PRODUCER Arroyo /Knauf Ins. Services P. O. Box 41498 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW LTR NrRU Los Angeles CA 90041 -0498 Phone: 323- 550 -7900 Fax:323- 256 -0800 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Iatxatate ft.. a Caaaalty INSURER B: Everest Hillcrest Contracting, Inc. P.O. Box 1898 1467 Circle e92CB7tty Drive INSURER C' $eieCO Insurance C anies $1,000,000 INSURERD: 5100,000 INSURER E: X GENERAL LU1BlUTV OAVFRAAFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NrRU TYPEOFINSURANCE POLICY NUMBER DATE MMIDD/Y DATE MMMMY LIMITS Georae Salisbury GENERAL LIABILIT Y EACH OCCURRENCE $1,000,000 PREMISES IES=umn ) 5100,000 A X GENERAL LU1BlUTV SGLI000392 01/31/07 01/31/08 MEOEXP(My Anepenon) s0 %XCOMMERCIAL CLAWSMADE aOCCUR PERSONAL &ADV IN RY $1,000,000 d 11 Insd FORM # CG20101185 2_5,000 Ded Bi -Pd GENERAL AGGRECATE S2, 000,000 EACH OCCURRENCE PRODUCTS- COMPIOP AGG $2,000,000 _X GEN'L AGGREGATE LIMIT APPLIES PER: JECT LOC POUCY Fx7 ME C AUTOMOBILE X LIABILITY AWAUT° 25CCO0262340 12/19/06 12/19/07 COMBINED SINGLE LIMB (E. "wide(°) $ 1,000,000. BODILY INJURY (Pt' P.) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pe,axid m) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Pe,ami&M) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO • to DAY5 FOR NON- Pdy!ffiNT S EXCES &UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 Is X OCCUR CLAIMS MADE 71C2000069071 01/31/07 01/31/08 AGGREGATE $4,000,000 _ f $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSATIONANO TORY LIMR3 ER EMPLOYERS UASILTTY ANY PROPRIETORIPARTNEWEXECURVE SEE ATTACHED E.L EACH ACCIDENT 8 E.L DISEASE- EA EMPLOYE S OFFICERIMEMBER EXCLUDED? If yyee, detaiht under SPECIAL PROVISIONS below E.LDISEASE- POUCYLIMN $ OTHER A Primary and SGL1000392 01/31/07 01/31/08 Non-Contributory FORM# IBC80010405 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ALL OPERATIONS USUAL TO THE NAMED INSURED. THE CITY OF NEWPORT BEACH, ITS OFFICERS,OFFICIALS EMPLOYEES AND VOLUNTEER IS TO BE SHOWN AS ADDITIOANL INSUREDS AS RESPECTS TO THE GENERAL LIABILITY SECTION PER CG20101185 OUR POLICY IS PRIMARY NON - CONTRIBUTORY, WAIVER OF TRANSFER RIGHTS OF RECOVERY FORMS ATTACHED PER C324041093 & CA71341293. CERTIFICATE HOLDER CANCELLATION CITYNEW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAR. 30* DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Newport Beach Public Works Department 3300 Newport Beach, Blvd, Newport Beach CA 92658 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Georae Salisbury ACORD 25 (2001108) - 1 - //'7 ACORD CORPORATIO1 1985 0 0 INSURED: HILLCREST CONRTACTING, INC. POLICY NUMBER: SGL 1000392 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: SEE BELOW Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but•only with respect to liability arising out of "your work" for that insured by or for you. THE CITY OF NEWPORT BEACH CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 0 INSURED: HILLCREST CONTRACTING. INC. POLICY NUMBER: SGL 1000392 AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR AUTOMATIC STATUS ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract" with you, paragraph a. Primary Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended by adding the following paragraph: Not withstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contributory insurance, but only as respects "bodily injury" or "property damage" liability arising out of "your work" performed after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non - contributory insurance and to include such person or organization as an additional insured thereunder. All other terms and conditions of this policy remain unchanged. ICB -8001 04 -05 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 Policy No. 1nSA.M. standzrd time SGL 1000392 Named insured Count si ned by HILLCREST CONTRACTING, INC. ` SCHEDULE Name of Person or Organization: SEE BELOW CITY OF.NEWPORT BEACH (Authorized Re Motive) (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 RECOVERYAGAINST 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 93elecAPS Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 INSURED: HILLCREST CONTRAONG, INC. POLICY NUMBER: SGL 1000392 CO &RCIAL GENERAL LIABILITY CG 22 43 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS 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 Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", 'property damage" or "personal and advertising injury' arising out of the rendering of or failure to render any professional services by you or any engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, engineering activities. architectural or CG 22 43 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 13 POL. # 25 CC 0026234 INSURED: HILLCREST CONTRACTING, INC. REVISED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 FAI S A F E C V ADDITIONAL INSURED CA 713512 93 J • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the Endorsement effective Schedule CITY OF COSTA MESA, THEIR OFFICERS, AGENTS,OFFICIALS, 12/19/2006 POLICY. SCHEDULE Named Insured Countersign .HILLCREST CONTRACTING INC. (Authorized Representative) THE CITY OF NEWPORT BEACH Schedule CITY OF COSTA MESA, THEIR OFFICERS, AGENTS,OFFICIALS, Name of Person or Organization: PER POLICY. SCHEDULE Address• 3300 NEWPORT BLVD., NEWPORT BEACH, CA. 92663 Premium: $ INCL (If no entry appears above, Information required to complete this endorsement Y411 be shown in the Declarations as applicable to this endorsement) EMPLOYEES :RS a A Under LWBILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the parson(s) or 7 organization(s) shown in the Schedule, but only with respect to "bodily injury' or "property damage" resulting from the acts or omlesions.ot 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. B. 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 7135 12 93 Page t of t E J POLICYVIC2000069071 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. S A F E C O• WAIVER OF TRANSFER RIGHTS CA 7134 1293 OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective iQ 12/19/2006 (� Named Insured Countersign y HILLCREST CONTRACTING'INC. (Authorized Representative) SCHEDULE Name of Person or Organization: . CITY OF NEWPORT BEACH PER SCHEDULE ON FILE WITH COMPANY' (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this .endorsement). We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make 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 713412 93 W0- 1NRjKw40S8mW44 u 0 CERTHOLDER COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01- 08-2007 GROUP: 000713 POLICY NUMBER: 0008681 -2006 CERTIFICATE ID: 1121 CERTIFICATE EXPIRES: 10 -01 -2007 10 -01- 2006/10 -01 -2007 CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH CA 62658 -5815 SK JOB :ALL OPERATIONS This is to certify that we have issued a valid 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 to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. TIO 1ZZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2085 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 2007 -01 -09 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER HILLCREST CONTRACTING INC PO BOX 1888 CORONA CA 92878 (REV.2-05) SK [B16,SC1 PRINTED : 01 -09 -2007 Fax #: • 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 -28 -07 Dept. /Contact Received From: Shauna Oyler Date Completed: 4 -2 -07 Sent to: Shauna By: April Walker Company /Person required to have certificate: Hillcrest Contracting Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Interstate Fie & Casualty Company B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 2mi1 agg/1 mil occ ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Safeco Ins. Co B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The Cityits officers, officials, employees and volunteers): Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ 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. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation Ins. Fund B. AM BEST RATING (A: VII or greater): Not rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Ins. Co. not admitted. Auto: Additional insured endorsement missing. ❑ Yes ® No California Business Search • • Page I of 1 L 21�I1��t,+_�1111ir1 � 1111�55 .`ct•rclnrr ol'.t:itc DEP L-%-DO �'EV DISCLAIMER: The information displayed here is current as of JUN 08, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation HILLCREST CONTRACTING, INC. Number: C1269023 Date Filed: 2/25/1985 Status: active Jurisdiction: California Address P.O. BOX 1898 CORONA, CA 91718 -1898 Agent for Service of Process GLENN J.SALSBURY 1467 CIRCLE CITY DRIVE CORONA, CA 91719 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumbet= C1269023 &printer =yes 06/11/2007 License Detail • • Page 1 of 2 License Detail CALIF9 RNIAJC-oNTRACTORS STATE LICEN Contractor License # 471664 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 06/11/2007 * * * Business Information * * * HILLCREST CONTRACTING INC P O BOX 1898 CORONA, CA 92878 -1898 Business Phone Number: (909) 273 -9600 Entity: Corporation Issue Date: 04/04/1985 Expire Date: 04/30/2009 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08560240 in the an $12,500 with the bonding company http: / /www2.cslb.ca.gov /CSLB_L[ BRARY /License+Detail.asp ?LicNum= 471664 06/11/2007 Description il 0 GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08560240 in the an $12,500 with the bonding company http: / /www2.cslb.ca.gov /CSLB_L[ BRARY /License+Detail.asp ?LicNum= 471664 06/11/2007 License Detail 01 • Page 2 of 2 FIDELITY AND DEPOSIT COMPANY OF.MARYLAND. Effective Date: 01/01/2007 Contractor's.Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) GI JASON SALSBURY certified that he/she owns 10 percent or more of the voting stock/equi corporation. A bond of qualifying individual is not required. Effective Date: 04/04/1985 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 713- 0006691 Effective Date: 12/19/2000 Expire Date: 10/01/2007 Workers Compensation History Personnel List License Number Re uest Contractor Name Request Personnel Name Request Salesperson Request safest) erson Name Request ® 2006 State of California. Conditions of Use Privacy Policy http: / /www2.csib.ca.gov /CSLB_ LIBRARY /License+Detail.asp ?LieNum= 471664 06/11/2007 r] Encompass Detail R Acct. Type: Business Tax License ;t: BT97020321 Bus.ID: 0020085 Name: HILLCREST CONTRACTING INC Owner HILLCREST CONTRACTING INC Name: Owner C Type: Exp. Date: 5/31/2008 S Addy: S Addy 2: 1467 CIRCLE CITY DR Addr3: CORONA CA Zip: 92879 B Addr1: P 0 BOX 1898 B Addr2: B Addr3: CORONA, CA B Zip: 92878 -1898 Phone: 909- 273 -9600 FEIN: 330084251 SEIN: 471664 Established: 6/1/1997 SIC: 8711 - ENGINEERING SVCS Owner#: 0020085 # of Emps: 1 usrl: 87382 usrl: BT97020321 41 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3937 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Q f frin/% Dollars and -a_G9c6 Cents $ 9Ze7, $ gZ60.46 Per Lump Sum 2. Lump Sum Remove Miscellaneous Concrete 7W✓ 5v7y— L5rF,Y7" / WiO96 Dollars and Cents $ Zg c3 ' v $ ZA�co, <�p Per Lump Sum 3. Lump Sum emov Tr 1 Stripi g ->�4 �'n.ica ua Dollars and z e&l Cents $ f 1g.4(i $ 1 Per Lump Sum 0 PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1000 L. F. Construct PCC. Curb Type D @Lfa/Er✓ Dollars and - _A) I—V Cents $ l/. $ —4p-2-70-60 Per Linear Rbot 5. 5000 S.F. Construct Pattern Stamped Concrete Pavement @ Dollars an $ , (i C> $ yg 1200or/ Per Square Foot 6. 1 Each Construct Standard Curb Access Ramp @ Dollars and e£fea Cents $ 38 , 6v $ -Fgf/o, L� Per Each 7. Lump Sum Install Traffic Striping and Pavement Markings @ 'it's � ' Dollars and Cents $1 _W_&C V $ 13i" c� Per Lump Sum 8. 8 Each Install Traffic Siggs (eilo�rodf:et Dollars and ZZeAz) Cents $ //,:r, $ . 0 J Per Each 9. Lump Sum Temporary Traffic Cgqntrol @ f/,dA Dollars and Cents Per Lump Sum $ ISZVR4D 0 • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and '�72 W Cents June 7, 2007 Date 9511273 -9600 9511273 -9608 Bidder's Telephone and Fax Numbers Total Price (Figures) HILLCREST CONTRACTING, INC. Bidder i Bidder's Bidder's Authorized Signature and Title /zed Signature and Title 471664 A GGLENN J. SALSBURY, PRESIDENT 7467 Cir7467 Cir. Ci�Dr., Corona, CA 92879- 166Corona, CA 92879 -1668 Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: jerry@hillcrestcontracting.com Lest saved by srookso51151200711:15 AM ilusersV pbvAsharedtontraclsWmk4sWASTAWAYS PARK REVEGETATKNI.doc M 1 1 2 F 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 23 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 33.2.3 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 -1 LOCATION 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 M 1 1 2 F 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 PART 2--- CONSTRUCTION MATERIALS SECTION 201 • • 11 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 Portland Cement Concrete 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 Reinforcement for Concrete 11 201 -2.2.1 Reinforcing Steel 11 SECTION 214 PAVEMENT MARKERS 11 214-4 Non - Reflective Pavement Markers 11 214 -5 Reflective Pavement Markers 11 0 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 12 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 12 302 -6.6 Curing 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 12 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.4 Joints 13 303 -5.4.1 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 303 -6 STAMPED CONCRETE 13 303 -6.1 General 13 303 -6.2 Concrete Placement 13 303 -6.3 Pattern 14 SECTION 310 PAINTING 14 310 -5 PAINTING VARIOUS SURFACES 14 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 14 310 -5.6.7 Layout, Alignment and Spotting 14 310 -5.6.8 Application of Paint 14 0 0 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 15 400 -2 UNTREATED BASE MATERIALS 15 400 -2.1 General 15 400 -2.1.1 Requirements 15 Last saved by mlocey05/1512007 3:31 PM F. \users\pbw lchared\contracts\nasters\rosters for contract set up\master specs index.doc 0 • SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 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. T- 5983 -5); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (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 consists of constructing P.C.C. curb, stamped concrete pavement, one (1) curb access ramp with detectable warning surfaces, modify existing signs and striping, and constructing other incidental items of work.." 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 comer 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 0 • SP 2 OF 15 records or record of surveys with the County of Orange. Prior to the construction of all P.C.C. curb, and stamped concrete as part of medians and roadway narrowing, Contractor shall mark the locations of improvements and shall contact the Project Inspector and Engineer for review and approval of locations." 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 surrey monuments during construction operations. In the event that existing surrey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed 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 0 • SP3OF15 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. Submittals are required for all construction material. 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 the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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 or replace to finish grade City-owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), 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 Operations Manager, at (949) 718 -3402. SECTION 6 -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for • • SP 4 OF 15 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 the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: 'The Contractor shall complete all work under the Contract within forty (40) consecutive working days after the date on the Notice to Proceed. The Contractor shall 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. The Contractor shall schedule the work in such a manner as to minimize the inconvenience to the public. The term "work" as used herein shall include all removal of miscellaneous concrete, construction of P.C.C. curbs, stamped concrete pavement, curb access ramp, installation /removal of signs, installation /removal of striping and markings, and temporary traffic control. The work shall be scheduled in the following order: 1)15 1h Street at St. Andrews Road 2) Cliff Drive from Irvine Avenue to St. Andrews Road 3) Cliff Drive at El Modena Avenue" 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1s <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 4th, 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 25th (Christmas), and December 313t (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." " -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor, 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. • • SP 5 OF 15 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $ 500.00. 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 7-8 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. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works • • SP6OF15 Department or can be found on the City's website at http://www.citv.newport- beach.ca.us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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 accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. 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, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 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 • • SP7OF15 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. Traffic control plans shall be prepared by a licensed Civil Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed civil engineer. 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. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. The Contractor shall maintain a minimum of one lane of traffic through the construction areas at all times during construction. When only one traffic lane is open, a certified flagger shall be used per the WATCH requirements. All existing permanent traffic control signs, barricades, and devices shall remain in operation unless a substitute operation is arranged for and approved by the Engineer. Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc. heretofore and hereinafter specified that is required for that particular days schedule of operations. No construction shall be permitted until such signing and detouring operations (if necessary) have been completed. • • SP8OF15 The Contractor shall be responsible for processing and obtaining approval of the traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 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." 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. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department 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 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the 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 for each block or street, 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. • • SP 9 OF 15 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. 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 reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by 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, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. This item shall also include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. This item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. • • SP 10 OF 15 Item No. 2 Remove Miscellaneous Concrete: Work under this item shall include removing and disposing of the existing concrete where necessary to construct the curb ramp, and all other work items as required to complete the work in place. Item No. 3 Remove Traffic Striping: Work under this item shall include removing all existing conflicting striping in locations indicated on the contract plans, and all other work items as required to complete the work. Item No. 4 Construct P.C.C. Curb Type D: Work under this item shall include constructing P.C.C. curb Type D per City Standard Plan 183 -L, restoring all existing improvements damaged by this work, and all other work items as required for performing the work complete and in place. Item No. 5 Construct Pattern Stamped Concrete Pavement: Work under this item shall include construction of natural (uncolored) pattern stamped concrete (4" concrete thickness on 2" sand base), in a `Random Stone" pattern (per Exhibit A attached herewith) at the locations shown on Plan T- 5983 -S, restoring all existing items damaged by the work, and all other work items as required to complete the pattern stamped concrete in place. Item No. 6 Construct Standard Curb Access Ramp: Work under this item shall include constructing a P.C.C. curb access ramp Case `B" per City Standard Plan 181 -L A/B /C /D at the location shown on the construction plan T- 5983 -S, and all other work items as required to complete the work in place. Item No. 7 Install Traffic Striping and Pavement Markings: Work under this item shall include installing traffic striping, and all pavement markings (arrows, crosswalks, messages) per construction plan T- 5983 -S, and all other work items as required to complete the work in place. Item No. 8 Install Traffic Signs: Work under this item shall include installing all traffic warning signs per construction plan T- 5983 -5, and all other work items as required to complete the work in place. Item No. 9 Temporary Traffic Control: Work under this item shall include preparing traffic control plans prepared and signed by a California licensed civil 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 furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. 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." • • SP 11 OF 15 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." 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 the plans." SECTION 214 - -- PAVEMENT MARKERS 214.4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City s website at: hftp: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 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 • • SP 12 OF 15 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." Replace the words "1 -' /z inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open 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 n 303 -5.1 Requirements • SP 13 OF 15 303 -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." 3035.4 Joints 303 -5.4.1 General. Add to this section: `The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall grade, form and finish concrete replacement to match the appearance of the adjoining concrete improvements in structural section, texture and color. All exposed concrete surfaces shall conform in grade, color, and finish to all adjoining curbs, walks, and other improvements" 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" or "W" for sewer or water 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 -5.9 Measurement and Payment. Modify and amend this section to read: "Full payment for concrete placing, finishing, curing and doweling (if used) shall be considered as included in the unit price of Type "D" P.C.C. curb, and no additional allowance shall be made therefore." 303 -6 STAMPED CONCRETE 303 -6.1 General. Add to this section: "Uncolored stamped concrete shall be of a natural color." 303 -6.2 Concrete Placement. Replace the second and third sentences with: "The pattern stamped concrete thickness shall be 4 inches, constructed on a 2 -inch concrete sand base." • • SP 14 OF 15 303 -6.3 Pattern. Replace the second sentence with: "The concrete shall be stamped in a "Random Stone" pattern, per the attached Exhibit A. The stamped impression depth shall be % inch. Expansion joints shall be spaced no greater than 10 feet apart." 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 slurry 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 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW -AWAY' signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and/or raised pavement markers • SP 15 OF 15 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." PART 4 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." F: IUSERS\PBWV Shared4Contracts %MASTERSICONTRACT SET UP\SPECS REVISION TEMP FOLDERWASTER SPECS (NEW).doc Last saved by Srooks0511512007 2:32 PM a Exhibit A - Pattern Stamped Concrete Random Stowe i i SP 15 OF 15 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. June 26, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine 949 -644 -3329 or tbrine @city.newport- beach.ca.us SUBJECT: NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS - AWARD OF CONTRACT NO. 3937 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3937 to Hillcrest Contracting, Inc. for the Total Bid Price of $107,060, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,740 to cover the cost of unforeseen work for this •project. DISCUSSION: At 10:00 a.m. on June 8, 2007, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Hillcrest Contracting, Inc. $107,060.00 2 Damon Construction Company $154,077.55 The low total bid amount is 32.2 percent below the Engineers Estimate of $158,000.00. The low bidder, Hillcrest Contracting, Inc., possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. In addition, the low bidder recently completed the construction of traffic calming improvements in the Newport Hills community and they are satisfied with the quality of the work completed by Hillcrest Contracting. The Newport Heights Traffic Calming Improvements project is the end result of a neighborhood traffic management study completed in 2004. During the study three separate community meetings were held to discuss traffic concerns in the Newport Heights and Cliff Haven communities. The final study proposed various improvements to address the residents' concerns. The project plans were prepared based on the .traffic calming features outlined in the report and includes the construction of medians, traffic chokers, and curbs extensions on Cliff Drive and 15th Street. The measured • Newport Heights Traffic Calming Improvements —Award of Contract No. 3937 ` June 20, 2007 Page: 2 volumes and speeds on Cliff Drive and 15th Street meet the guidelines of the City • Council Traffic Calming Policy. Pursuant to the Contract Specifications, the Contractor will have 40 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Staff will prepare notices, which the contractor will distribute to affected residents and businesses ten days and again two days prior to starting work in their area. Material Testing Services: In addition to the contract costs, approximately $2,000 in material testing is estimated for this project and will be performed under the respective on -call professional services agreements. • Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount Gas Tax 7181- C5200407 $ 119,800 Total: $ 119,800 Proposed uses are as follows: Vendor Hillcrest Contracting, Inc. Hillcrest Contracting, Inc. Geotechnical Prepared by: Antony Brine Principal Civil Engineer Attachments: Project Location Map Bid Summary Purpose Construction Contract $ Construction Contingency $ Materials Testing $ Total: $ Submitted Amount 107,060 10,740 2,000 ". Badum Works Director 119,800 • 0 NEWPO^EIGHTS NEIGHBORHOOD TRAFFIC CALMING MEASURES 10sov" 1,0 KEY: CURB EXTENSIONS CHOKER C MEDIAN 0 0 EXHIBIT A Newport Harbor High School 15TH ST D z D D HAVEN PL D m CLAY ST s� r > 'VA m o c O CORAL PL cn m Z D �N m D m m Horace 'pp m < Ensign m Jr. High BEACON ST m C School m CLIFF DR 10sov" 1,0 KEY: CURB EXTENSIONS CHOKER C MEDIAN 0 0 EXHIBIT A TITLE: Newport Heights Traffic Calming Improvements CONTRACT NO.: 3937 ENGINEER'S ESTIMATE: $158,000.00 PROJECT MANAGER: Antony Brine CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City ClerWs Office - City Hall DATE: 08- Jun-07 TIME: 10:00 a.m. BY: Katz- Okiisu CHECKED: Antony Brine DATE: 05/17/2007 • F.luse*haredkontracA00 -011 \BID SUMMARY As • • Page 1 En Ineees Estimate Hilicrest Contracting, Inc. Damon Construction Comp. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 10,000.00 10,000.00 9,200.00 9,200.00 5,000.00 5,000.00 2 Remove Miscellaneous Concrete 1 LS 1,500.00 1,500.00 2,800.00 2,800.00 7,512.05 7,512.05 3 Remove Traffic Stri in 1 LS 1,500.00 1,500.00 18,300.00 18,300.00 22,270.80 22,270.80 4 Construct PCC Curb Type D 1,000 LF 15.00 15,000.00 11.50 11,500.00 24.15 24,150.00 5 Construct Pattern Stamped Concrete Pavement 5,000 SF 20.00 100,000.00 8.00 40,000.00 10.05 50,250.00 6 Construct Standard Curb Access Ramp 1 EA 2,800.00 2,800.00 3,840.00 3,840.00 7,110.85 7,110.85 7 Install Traffic Striping and Pavement Markings 1 LS 14,200.00 14,200.00 13,000.00 13,000.00 16,703.85 16,703.85 8 1 Install Traffic Signs 8 EA 500.00 4,000.00 115.00 920.00 497.50 3,980.00 9 Tem ore Traffic Control 1 LS 9,000.00 9,000.00 7,500.00 7,500.00 17,100.00 17,100.00 EE 158,000.00 LOW 107,060.00 2ND 154,077.55 3RD • F.luse*haredkontracA00 -011 \BID SUMMARY As • • Page 1 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 23, 2008 Hillcrest Contracting, Inc. P.O. Box 1898 Corona, CA 92879 Subject: Newport Heights Traffic Calming Improvement (C -3937) To Whom It May Concern: On October 23, 2007, 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 December 4, 2007. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7592440. Enclosed is the Faithful Performance Bond. 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 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 BOND NO. 7592440 FAITHFUL PERFORMANCE BOND The premium charge on this Bond is $ 987 being at the rate of $ 9.38/6.88 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Canfomis, by motion adopted, awarded to Hillcrest Contracting, Inc., hereinafter designated as the `Principal', a contract for construction of NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS, Contract No. 3937 in the City of Newport Beach, In strict conformity with the plans, drawings, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3937 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 Califomis as Surety (hereinafter 'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED SEVEN THOUSAND, SIXTY AND 00!700 DOLLARS ($107.060.00) 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, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, oondttlons, 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 vold. 28 As a part of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only-in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 18TH day of .TUNE 2007. Glean J. Salsbwy -Prtsi a t Hillorest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone BY: Signature RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED FEE CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT S 959E (2004) State of California County Of Orange SS. On 6 -18 -07 before me,Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared Richard A. Coon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J JAN C. MORAN 8767 NOtARYMM. i 1 ow�NC E C OUNttRNUp co O(P, F®, 17, 2008+ WITNESS my hand and official seal. Signature C�'V G' " v� (seal) J C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Performance Bond DOCUMENTTITLE OR DESCRIPTION 0 DOCUMENT DATE: 6 -18 -07 NUMBER OF PAGES: two (2 ) a COMMENTS: °s ffi 0 i= s S 959E (2004) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON June 20, 2007, before me Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE SANTIAGO COMM. # 1703618 z 1A m^ '• NOTARY PUBLIC- CALIfORN1A� RMR810E COUNTY My Comm. Expires W1. 6, 2010 Witness my hand and o)4ial seal 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 DocOument: Performance Bond Document Date: June 18 , 2007 Number of Pages: Two Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ner is Hillcrest Contracting, Inc • w 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 Vl, 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 by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n OOD, all of Anaheim, California, EACH its true and lawful agent and a u >° d deliver, for, and on its behalf as surety, and as its act and deed: any a n xecudon of such bonds or undertakings in pursuance of thes ° ' in , as fully and amply, to all intents and purposes, as if they had been d ae h ularly elected officers of the Company at its office in Baltimore, Md., ' ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, t�� ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant 4eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s 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 15th day of November, A.D. 2006. ATTEST: *gyp OFPOg�J e 4 � State of Maryland City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary �,ifr i %k�J By: William J. Mills Vice President On this 15th day of November, A.D. 2006, 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 test above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 PDXF 012 -4150H CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 4, 2007 Hillcrest Contracting, Inc. P.O. Box 1898 1467 Circle City Drive Corona, CA 92879 Subject: Newport Heights Traffic Calming Improvement (C 73937) To Whom It May Concern: On October 23, 2007, 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 October 29, 2007, Reference No. 2007000654736. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 7592440. Enclosed is the Labor & Materials Payment Bond. Sincerely, o� M, 1a� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department 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 0 EXECUTED IN FOUR COUNTERPARTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 3937 BOND NO, 7592440 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has award9d to Hillorest Contracting, Inc., hereinafter designated as the "Pdnclpal," a contract for construction of NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS, Contract No. 3937 In the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents In the offloe of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3937 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used In, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED SEVEN THOUSAND, SD(TY AND 001100 DOLLARS ($107.060.00) lawful money of the United Slates 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 hairs, executors and administrator;, successors, or assigns, )olntly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, than the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at 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 h®reby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 18TH day of JUNE . 2007. Glenn J. Salsbtuy -PtcsW t Hillorest Contracting, Inc. (Prindpal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 N. BRAND BLVD., SUITE PENTHOUSE GLENDALE, CA 91203 Address of Surety (818) 409 -2800 Telephone BY: Autho zed Signaturelfille BY: Authorized Agent Signature RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMF�tTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT 0 S 959E (2004) State of California County of orange ss. on 6 -18 -07 before me,Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared Richard A. Coon personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. MOtl RAAN #OJ:AN Mt # 147D7 MAX-O UFQM0 Q E)(P. FE& 17, 2W8 WITNESS my hand and official seat. Signature Qi�ne C' (seal) Ad C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Payment Bond DOCUMENT TITLE OR DESCRIPTION $ 0 DOCUMENT DATE: 6 -16 -07 NUMBER OF PAGES: two (2) 8 COMMENTS: S i5 s S 959E (2004) 0 j 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON June 20, 2007, before me. Michelle Santiago, Notary Public , personally appeared Glenn J. Salsbury, personally known to me, to be the ea rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in he authorized capacity, and that by he signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. MICHELLE SANTIAGO COMM. # 1703618 'z NOTARY PUBLIC - CALIFORNIAM RIVERSIDE COUNTY My Comm, Expires Nov. 6,20 10 Witness my T OPTIONAL official seal Al Though law does not require the information below,lff -mdy 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 DocOument: Payment Bond Document Date: June 18 .2007 Number of Pages: Two Signer(s) Other Than Named Above Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer— Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Hillcrest 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 Vl, 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 data htqe by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB N nVOesle OOD, all of Anaheim, California, EACH its true and lawful agent and a u d deliver, for, and on its behalf as surety, and as its act and deed: any an 1 xecution of such bonds or undertakings in pursuance of these prese ° in as fully and amply, to all intents and purposes, as if they had 'bee�n d}u� ac h ularly elected officers of the Company at its office in Baltimore, Md., ijii, ryryy 1 p ersons;'A`h�s ° attornev revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,` VW`U P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant s4le%hy certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s sazd 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 15th day of November, A.D. 2006. F.1VIWy1� ti, w n r w., � a L lt11 ,a 4 m State of Maryland l ss: C ity of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND N, Eric D. Barnes Assistant Secretary d 4 By: William J. Mills Vice President On this 15th day of November, A.D. 2006, 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. 1 1,,Y,`R1 AI nG4 �III1111141.�� POA -F 012 -4150H Constance A. Dann Notary Public My Commission Expires: July 14, 2007 3 00 -Z CITY OF NEWPORT BEACH L.. CITY COUNCIL STAFF REPORT L. Agenda Item No. I November 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine 949 -644 -3329 or tbrine @city.newport- beach.ca.us SUBJECT: NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS — REVISE CONTRACT VALUE FOR COMPLETION OF CONTRACT NO. 3937 RECOMMENDATION: Accept the work with the revised contract value. DISCUSSION: On June 26, 2007, the City Council authorized the award of the Newport Heights Traffic Calming Improvements contract to Hillcrest Contracting, Inc. The contract provided for the construction of medians, traffic chokers, and curb extensions on Cliff Drive and 15th Street. On October 23, 2007, the City Council accepted the work associated with this project for a total contract value of $143,665.50. Since the acceptance of this contract, an accounting error was discovered with the total value of the contract. The final contract construction cost should be $144,327.50. The final overall construction cost including change orders and additional quantities required to complete the work is 34.8 percent over the original bid amount. Sufficient funds are available in the project account for this work. ENVIRONMENTAL REVIEW: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor atteration of existing public facilities with negligible expansion. PROJECT FUNDING: In addition to the primary construction contract, this project involved the following additional expenses: Expense Construction Design Services Construction Inspection Vendor Hillcrest Contracting, .Inc. Katz Okitsu & Associates Contract Inspector Total Project Costs Amount $144,327.50 14,474.76 611.50 $159,413.76 Neo Heights Traffic Calming — Additional funding Req*r Completion of Contract No. 393-1* November 27, 2007 Page 2 Funds for the project were expended from the following account: Account Description Account Number Amount Gas Tax 7181- C5200407 $159,413.76 Total $159,413.76 All work was completed by the scheduled completion date of September 13, 2007. Prepared by: Submitted by: E2--- (—?�- petu"ok-1-6A Antony Brine to fie G. Ba um City Traffic Engineer Pub I orks Director 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 November 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 -644 -3315 or atran @city.newport- beach.ca.us SUBJECT: COAST HIGHWAY MEDIANS— PHASE 1113— COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3867 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On July 10, 2007, the City Council authorized the award of the Coast Highway Medians — Phase 1 B project to Mega Way Enterprises. The contract provided for construction of concrete median curbs, installation of a new irrigation system, and landscaping along Coast Highway in Corona del Mar. 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: $253,740.00 Actual amount of bid items constructed: $256,437.50 Total amount of change orders: $10,725.56 Final cost of construction: $267,163.06 The final overall construction cost including two change orders was $267,163.06. Change Order No. 1 in the amount of $7,853.24 was for two additional changeable message boards. Change Order No. 2 in the amount of $2,872.32 was for the removal of asphalt pavement and base within the medians to accommodate planting the eight King Palms. Overall, the project was 5.3 percent over the original bid amount and well within the 10 percent construction contingency. • Coast Highway Medians —Phase 1B - CompAd Acceptance of Contract No. 386; November 27, 2007 Page 2 The original construction contract included installing 26 King Palms in the medians. Prior to bid opening, staff received several phone calls from contractors informing us of the lack of 20 feet tall coastal grown King Palms to meet our specifications. After checking with over 60 nurseries, staff was only able to locate and plant eight King Palms, each tree costing more than double the original bid price. Staff continues searching for the remaining 18 King Palms and have also considered purchasing shorter non = coastal grown palms and acclimating them at the City yard or a local nursery until they are ready to be planted. The City will enter into a separate contract to plant the remaining palm trees when the time is right. Sufficient funds exist in the project account for the remaining palms needed. Other Project Costs: In addition to the primary construction contract, this project involved other project expenses from various funding sources. Total project expenses are summarized as follows: Construction $267,163.06 Civil and Landscape Design $ 45,470.00 Construction Inspection $ 4,491.84 Incidentals $ 890.49 Total Project Cost $318,015.39 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion. Funding Availabilitv: Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7013- C5200932 $267,163.06 Total: $267,163.06 The original completion date was October 26, 2007. All work was substantially completed by this date. Prepared by: Submitted by: Andy Tran teph n G. Badum Senior Civil Engineer PWaL16 Works Director 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200700065473610:26am 10/29/07 111 200 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, Inc. of Corona, California, as Contractor, entered into a Contract on June 26, 2007. Said Contract set forth certain improvements, as follows: Newport Heights Traffic Calming Improvements (C -3937) Work on said Contract was completed, and was found to be acceptable on September 13. 2007, 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 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Qct✓ a3- a007 , at Newport Beach, California. BY 2 � /// ' City Clerk i • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK L.aVonne M. Harkless, MMC October 24, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Newport Heights Traffic Calming Improvements (C -3937) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, cu6,�� / M, wdo-)�) LaVonne M. Harkless, MMC City Clerk 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 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 Hillcrest Contracting, Inc. of Corona, California, as Contractor, entered into a Contract on June 26, 2007. Said Contract set forth certain improvements, as follows: Newport Heights Traffic Calming Improvements (C -3937) Work on said Contract was completed, and was found to be acceptable on September 13. 2007, 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 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 0 't4t.✓ =23� afJ� % at Newport Beach, California. C -3-1r37 04/f00.W) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 October 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Antony Brine 949 - 644 -3329 or tbrine @city.newport- beach.ca.us SUBJECT: NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3937 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 26, 2007, the City Council authorized the award of the Newport Heights Traffic Calming Improvements contract to Hillcrest Contracting, Inc. The contract provided for the construction of medians, traffic chokers, and curb extensions on Cliff Drive and 15"' Street. The contract has been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $107,060.00 Actual amount of bid items constructed: $130,875.50 Total amount of change orders: $12.790.00 Final contract cost: $143,665.50 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need to install additional concrete curb, pattern stamped concrete, and traffic signs. During construction, the Newport Heights Community Association requested color to be added to the pattern stamped concrete in the medians. Staff approved the work and issued a change order to the contractor. A second change • Newport Heights Traffic Calming - Completi0 Acceptance of Contract No. 3937 October 23, 2007 Page 2 order was issued for an additional handicapped access ramp, replacement of additional sidewalk, and adjustment of a manhole to grade. The final overall construction cost including change orders was 11.9 percent over the original bid amount. Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Project Fundina: In addition to the primary construction contract, this project involved the following additional expenses: Expense Construction Design Services Construction Inspection IIF =571 Hillcrest Contracting, Inc. Katz Okitsu & Associates Contract Inspector Total Project Costs Funds for the project were expended from the following account: Amount $143,665.50 14,474.76 611.50 $158,751.76 Account Description Account Number Amount Gas Tax 7181- C5200407 $158,751.76 Total $158,751.76 All work was completed by the scheduled completion date of September 13, 2007. Prepared by: Antony Brine City Traffic Engineer