HomeMy WebLinkAboutC-3955 - East Bay Avenue and A Street Rehabilitation with East Bay Storm Drain Upgrade and Tidal Valve InstallationThis Document was electronically recorded by
ER Cert Mail C
Recorded in Official Records, Orange County
RECORDING REQUESTED BY AND Tom Daly, Clerk -Recorder
WHEN RECORDED RETURN TO: 1111111111MINI NO FEE
City Clerk p 2008000574495 11:17am 12/16/08
City of Newport Beach 213 92 N12 1
3300 Newport Boulevard 0.00 0.00 0.00 0-00 0.00 0.00 0.00 0.00
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 24, 2008. Said Contract set
forth certain improvements, as follows:
East Bay Avenue and A Street Rehab and Storm Drain Improvements (C-3955)
Work on said Contract was completed, and was found to be acceptable on
December 9 2008, 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.
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VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on �eP �� a i� at Newport Beach, California.
BY (/jib _
City Clerk
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 10
December 9, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Thomas Sandefur
949 - 644 -3312 or tsandefur @city.newport- beach.ca.us
SUBJECT: EAST BAY AVENUE AND "A" STREET IMPROVEMENTS —
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3955
Recommendations:
1. Accept the completed 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 24, 2008 the City Council authorized the award of East Bay Avenue and "A"
Street Improvements to Hillcrest Contracting. The contract provided for the removal of
degraded pavement along East Bay Avenue and "A" Street and the construction of
concrete pavement. In addition, the work included removing and abandoning an
existing grated drain in the street and replacing curb and gutter along East Bay Avenue.
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: $138,677.00
Actual amount of bid items constructed: $140,815.50
Total amount of change orders: $8,743.96
Final contract cost: $149,559.46
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for additional pavement removal and replacement and additional
East Bay Avenue and W Street Improvements - Completion and Acceptance of Contract No.3955
December 9, 2008
Page 2
curb and gutter replacement. The final overall construction cost including Change
Orders was 7.8% percent over the original bid amount.
One Change Order in the amount of $3,960.01 provided for the removal and
replacement of a driveway approach and additional concrete removals.
A second Change Order in the amount of $4,783.95 provided for the installation of two
10" storm drains in lieu of one 12" storm drain. This change was made in order to avoid
interfering utilities.
A summary of the project schedule is as follows:
Estimated completion date per June '07 schedule: January 13, 2009
Project award for construction: June 24, 2008
Estimated completion date at award: November 17, 2008
Actual substantial construction completion date: October 29, 2008
Construction was completed earlier than scheduled due to favorable working conditions
at the site and a construction staging plan that allowed the road to be removed and
replaced faster than anticipated.
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. Prior to starting work two City prepared notices were
distributed by the contractor to both residents and businesses. The first notice was
distributed ten days before work in the area and the second notice 48 hours prior to
starting work in the area.
Funding Availability:
In addition to the primary construction contract, this project involved other project
expenses for material testing. Total project expenses are summarized as follows:
Construction $149,559.46
Materials Testing $1,025.00
Survey $6,325.00
Incidentals $222.16
Total Project Cost $157,131.62
East Bay Avenue and W Street Improvements - Completion and Acceptance of Contract No.3955
December 9, 2008
Page 3
Funds for the construction project were expended from the following account(s):
Account Description Account Number Amount
Gas Tax 7181- C2002008 $99,584.46
Tide and Submerged Lands 7231- C2502002 $28,975.00
Measure M Turnback 7281- C5100019 $21,000.00
Total: $149,559.46
Prepared by:
Thomas Sandefu
Project Manager
Submitted
!h G. Badum
Works Director
City of Newport Beach
BUDGET AMENDMENT
2008 -09
EFFECT ON BUDGETARY FUND BALANCE:
Pq Increase Revenue Estimates
Increase Expenditure Appropriations AND
Transfer Budget Appropriations X
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 09BA -031
AMOUNT: $25,000.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates and expenditure appropriations to accept the Fireman's Fund Heritage Reward Grant to be
used to purchase two Thermal Imaging Cameras and also toward the purchase of a CERT vehicle.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
2320 4914
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Fire: Ops - Fireman's Fund Heritage Grant
Signed:
Signed:
Approval: Administraffvg Services Director
City Manager
Amount
Debit Credit
$25,000.00
$25,000.00
is -�2-01P
Date
za 0 g
te
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
2320 Fire: Operations
Account
Number
82007 Grant Expenses
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Approval: Administraffvg Services Director
City Manager
Amount
Debit Credit
$25,000.00
$25,000.00
is -�2-01P
Date
za 0 g
te
Signed:
City Council Approval: City Clerk Date
CITY OF NEWPORT BEACH CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 10:00 A.M. on the 4th day of June, 2008,
at which time such bids shall be opened and read for
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADEITIDAL VALVE INSTALLATION
Title of Project
Contract No. 3955
$145,000
Engineer's Estimate
G. Badum
is Works Director
Prospective bidders may obtain one set of bid documents for $10.00
at the office of the Public Works Department,
3300 Newport Boulevard, Newport Beach, CA 92663
Contractor License Classification(s) required for this project: "A"
For further information, call Tom Sandefur, Project Manager at (949) 644 -3312
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://www-city.newport-beach.r-a.us
CLICK: e- onlineservices /e- bidPublicWorks
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE/TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
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
E
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADEITIDAL VALVE INSTALLATION
CONTRACT NO. 3955
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
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 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
47164 -A
Merest Contracting, tno,
Contractor's License No. & Classification
Hillcrest Contraetkm, MC.
Bidder
Authorized Signature/Title
Date — �I
CITY OF NEWPORT BEACH PREMIUM- NI0235
PUBLIC WORKS DEPARTMENT
CIA 11
CONTRACT NO. 3955
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID
Dollars ($ 10% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of EAST
BAY AVENUE AND "A" STREET REHABILITATION WITH EAST BAY STORM DRAIN
UPGRADEflDAL VALVE INSTALLATION, Contract No. 3966 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 shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 3RD day of JUNE 2008.
HILLCREST CONTRACTING. INC. �
Name of Contractor (Principal) Authorized Signature/Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
. Name of Surety
801 N. BRAND BLVD., PENTHOUSE
GLENDALE, CA 91203
Address of Surety
818/409 -2800
Telephone
Authoriked Agent Signature
LEXIE SHERWOOD_/ ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
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 he in full force and effect on the da by nominate, constitute
and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e ° DOD, all of
Anaheim, California, EACH its true and lawful agent and e 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 in i as fully and amply, to all intents and
purposes, as if they had been d U a ularly elected officers of the Company at its office
in Baltimore, Md., ifh'Q°'a L ` p 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 Assistant by certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- 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:
'�a etvosr.
i ttN �
4 nl
State of Maryland l ss:
City of Baltimore J
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
/�. 4
Eric D. Barnes Assistant Secretary
l� ✓�' (:,''k //
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 rust above
written.
e lllll \\1 \ \ \\
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
POA -F 012 -4150H
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 trade 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 3RD day of JUNE 2008
Assistant Secretary
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
•? yy�i, a<, �s� ;i' +�.�.>:�.�.x.C.T:�.vvj ✓3>.a LS_iCa�:�•>.:>.,:>..-> �<,. nS, �Sa. a�,.= v' �,.=\' ai, ac,.:,:rS,�nt_rs.,rr.�aS,:�SCa. s.SLcws�S; �ny-�;
State of California
County of
ORANGE
On 6 -03 -08 before me, JAN C. MORAN, NOTARY PUBLIC
Date Here Insert Name and Title of the Ofter
personally appeared LERIE SHERWOOD
JAN C. MORAN ;
V COMM. # 1789349
• NOTARY PUBLIC - CALIFORNIA )
ORANGE COUNTY 0
CAMM. EXPIRES FEB . 17,
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isfare subscribed to the
within instrument and acknowledged to me that
he/she /they executed the same in his/her/their authorized
capacity(les), 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature oyNw r'w U'-/
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer —Title(s): _
❑ Partner —❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT TI- UMBPRINT
OF SIGNER
no
Number of Pages:
Signer's Name:
• Individual
• Corporate Officer — Title(s):
• Partner— ❑ Limited O General
• Attorney in Fact
• Trustee Top a£ thumb here
• Guardian or Conservator
• Other:
Signer Is Representing:
�� <s',is ,is"is-'�2 '•s�', ",� „-� - "C.' _,r:_w✓fc:y.:gs�. =`.5 ._ : vti= .a�.S�U:w_cci:vsi::izL�s��._ .:� "yai�:c >:.SUCV tidSSti,
0
0
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON June 4, 2008, before me, Michelle Santiago, Notary Public , personally appeared
Glenn J. Salsbury, who 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 ca aci (ies), and
that by his /her their signature (s) on the instrument the person(s), or the entity upon behalf
of which the ep rson (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing is true and correct.
Witness my hand alvapIlIcial seal MICHELLE SANTIAGO
COMM. # 1703618 z
NOTARY PUBLIC - CALIFORNIAN
Z RIVERSIDE COUNTY
Michelle San ' go, Not a P lic My Comm. - Plr. Nov. s, 2010
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: Bidders Bond
Document Date: June 4. 2008 Number of Pages: One
Signers) 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
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Fidelity and Deposit Company of Maryland
p WENe,rNZunpn MIG1l 31306 1
0.M,Brar /: oP38] NAIC X:39306 FEIN O: ra30b6]]
Address: 1400 American Lane Phone: 64]605 -6000
Schaumburg, IL 60196 -1056 Fax: 847 -605 -6011
Web: www.zudchna com
Best's Ratings
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Rating: A (Excellent)
Affiliation Code: if (Group)
Financial Size Category: XV (S2 Billion or greater)
Outlook: Positive
Action: Affirmed
Effective Date: December 11, 2007
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Long- Tenn:a
Outlook: Positive
Action: Affirmed
Date: December 11, 2007
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• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST SAY STORM DRAIN UPGRADE /TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
11
Name: Al fi�tt,,� CoHa7rw� ha;
I7 14
SSA-•• Qr— «
30�
Address: 11262 S+,.. j,
,p
/+o6le�
Phone: (t;/¢ J
State License Number: 6 74F J, p
Name:
Address:
Phone:
State License Number.
Name:
Address:
Phone:
State License Number:
HILLCREST CONTRACTING, INC.
Bidder
Authod 90§19natureffitle
e GLENN J. SALSBURY, PRESIDENT
0 •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE /TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formill 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 Diamond Valley Lake - Parking Lot Improvements
Project Description Parking Lot Improvements
Approximate Construction Dates: From 08/07 To: 01108
Agency Name _ Valley Wide parks & Recreation District
Contact Person Sam Goepp, General Manager Telephone (951
654 -1505
$1,013,400 1,163,016
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.
Mko
Ll
No. 2
Project Name /Number
•
Newport Boulevard Right Turn Lane
Project Description Right Turn Lane
Approximate Construction Dates: From 09107 To: 01108
Agency Name City of Newport Beach
Contact Person. Mike St. Clair, Inspector
Telephone 19 49)
644 -3316
$786,889 763,192
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
OWNER INITINATED 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
No. 3 Harvard Avenue Street Improvements
Project Name /Number
Project Description Street Improvements
Approximate Construction Dates: From 11106 To: 04107
Agency Name
of Hemet
Contact Person Victor Monz, Resident Engineer Telephone ( 911
$667,172 917,970
Original Contract Amount $ Final Contract Amount $
765 -3847
If final amount is different from original, please explain (change orders, extra work, etc.)
OWNER INITINATED 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
•
No. 4
Project Name /Number La Palma Avenue & Imperial Highway
Project Description
Street Improvements
Approximate Construction Dates: From 06107 To: On Going
Agency Name
of Anaheim
Contact Person Robert Luciano, Resident EngrgTelephone ( 714
$5,405,580 On Going
Original Contract Amount $ Final Contract Amount $
765 -5286
If final amount is different from original, please explain (change orders, extra work, etc.)
NONE AT THIS TIME - ON GOING
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
NO
No. 5
Project Name /Number Trumble Road Street Improvements
Project Description
Street Improvements
Approximate Construction Dates: From 08107
Agency Name
Contact Person
To: 03108
Riverside County Economic Development Agency
Dave Romero, Const. Manager Telephone ( 951
686 -1070
Original Contract Amount $1,317,278Final Contract Amount $ 1,600,419
If final amount is different from original, please explain (change orders, extra work, etc.)
OWNER INITINATED 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
E
No. 6
Project Name /Number Orchard Hills -Tract 16529
Project Description
Street Improvements
•
Approximate Construction Dates: From 11/06 To: 03108
Agency Name The Irvine Community Development Company, LLC
Contact Person BIII Martin, Project Manager Telephone (9491 464 -0856
Original Contract Amount $3,901,060Final Contract Amount $ 14,448,980
If final amount is different from original, please explain (change orders, extra work, etc.)
OWNER INITINATED 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 Authorized Signaturerritle
GLENN J. SALSBURY, PRESIDENT
WE
0 Thomas Hewitt 0
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 44 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 Contr. Co., Anaheim, CA
Jan. 1993 to Feb. 1995
General Superintendent, Griffith Company, Santa Ana, CA
July 1976 to Dec. 1992
Project Foreman, Sully - Miller Contracting Co., Orange, CA
1965 to July 1976
Truck Driver -Prime Mover, Warren Southwest, Duarte, CA
1963 to 1965
Truck Driver, D.F.H. Trucking, El Monte, CA
1961 to 1963
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE /TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
NON - COLLUSION AFFIDAVIT
State of California )
ss.
County of Riverside )
GLENN J. SALSBURY being first duly sworn, deposes and says that he or ft is
PRESIDENT of HILLCREST CONTRACTING,IN%e party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
HILLCREST CONTRACTING,INC.
Bidder Authorized Signature/Title GLENN J. SALBURY, PRES.
Subscribed and sworn to (or affirmed) before me on this day of 2008
by , personally known to me or proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
[SEAL]
11
Notary Public
My Commission Expires:
•
•
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON June 4, 2008, before me, Michelle Santiago, Notary Public , personally appeared
Glenn J. Salsbury, who 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 ca aci (ies), and
that by his /her their signature (s) on the instrument the ep rson(s), or the entity upon behalf
of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing is true and correct.
r MICHELLE SANTIAGO
COMM. # 1703618 z
Z o NOTARY PUBLIC - CALIFORNIAr.
RIVERSIDE COUNTY
My Comm. Expires Nov. 6.2010
)NAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: Non - Collusion Affidavit
Document Date: June 4. 2008 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. Salsbury
❑ Individual
❑ Corporate Officer— Title(s): President
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
is Representing: Hillcrest Contracting, Inc
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION WITH EAST BAY STORM
DRAIN UPGRADEITIDAL VALVE INSTALLATION
CONTRACT NO. 3955
DESIGNATION OF SURETIES
Bidders name HILLCREST CONTRACTING, INC.
Provide the names, addresses, and phone numbers for ail 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 -2096
INSURANCE: Carter Salisbury Insurance Company
2900 West Broadway
Los Angeles, CA 90041
PO Box 41498
323/550 -7900 Fax 323/256 -0800
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION WITH EAST BAY STORM
DRAIN UPGRADEITIDAL VALVE INSTALLATION
CONTRACT NO. 3955
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name HILLCREST CONTRACTING, INC.
Record Last Five (5) Full Years
Current Year of Record SEE ATTACHED
The information required for these items is the same as required for columns 3 to 6, Code
10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102.
13
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2007
2006
2005
2004
2003
Total
2008
No. of contracts
Total dollar
Amount of
Contracts (in
Thousands of $
No. of fatalities
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code
10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102.
13
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
5- Calendar Years Prior to Current Year
CONTRACTOR: HILLCREST CONTRACTING, INC.
•
L 1
2003
2004
2005
2006
2007
2008
CURRENT
1) Total Hours Worked (in thousands)
YEAR
Nationwide:
286,669
329,269
359,598
355,009
244,000
4,252
California:
286,669
329,169
359,598
355,009
244,000
4,252
2)* Number of fatalities
Nationwide:
0
0
0
0
0
0
California:
0
0
0
0
0
0
3)* Number of lost workdays cases
Nationwide:
2
3
5
2
2
0
California:
2
3
5
2
2
0
4)* Number of injury/illness cases
involving restricted work activity
Nationwide:
3
3
5
2
1
0
California:
3
3
5
2
1
0
5)* Number of lost workdays
Nationwide:
76
22
202
75
130
0
California:
76
22
202
75
130
0
Nationwide:
California:
6)* Number of days of restricted
work activity due to injury /illness
Nationwide:
0
0
0
0
0
0
California:
0
0
0
0
0
0
7) ** Incidence Rate
Lost Workday Cases
Nationwide:
1.40
1.82
2.78
2.25
2.46
0
California:
1.40
1.82
2.78
2.25
2.46
0
8) Workers' Compensation Experience
Modifier
Nationwide:
90
93
93
105%
89%
103%
California:
90
93
93
105%
89%
103%
CONTRACTOR: HILLCREST CONTRACTING, INC.
•
L 1
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
•
HILLCREST CONTRACTING, INC.
1467 Cir. City Dr., Corona, CA 92879 -1668
9611273 -9600
State Contractor's License No. and
Classification: 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
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
VICE PRESIDENTISECRETARY
If bidder is an individual, name and signature of individual must be provided, and, if he
is doing business under a fictitious name, the fictitious name must be set forth. If
bidder is a partnership or joint venture, legal name of partnership /joint venture must be
provided, followed by signatures of all of the partners /joint ventures or of fewer than all
of the partners /joint ventures if submitted with evidence of authority to act on behalf of
the partnership /joint venture. If bidder is a corporation, legal name of corporation must
be provided, followed by notarized signatures of the corporation President or Vice
President or President and Secretary or Assistant Secretary, and the corporate seal.
Signatures of partners, join venturers, or corporation officers must be acknowledged
before a Notary Public, who must certify that such partners /joint venturers, or officers
are known to him or her to be such, and, in the case of a corporation, that such
corporation executed the instrument pursuant to its bylaws or a resolution of its Board
of Directors.
14.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION WITH EAST BAY STORM
DRAIN UPGRADEITIDAL VALVE INSTALLATION
CONTRACT NO. 3955
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:
Date Received
15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE/TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: HILLCREST CONTRACTING, INC.
Business Address: 1467 Circle City Drive, 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: 0212611985 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:
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
GLENN J. SALSBURY, PRESIDENT
EINER G. LINDHOLM, VICE PRES.ISEC.
Address Telephone
1467 Cir. City Dr., Corona, CA 92879 9511273 -9600
Corporation organized under the laws of the State of
16
SAME AS ABOVE
California
0 •
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
NONE
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
NONE
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
NONE
Briefly summarize the parties' claims and defenses;
NONE
Have you ever had a contract terminated by the owner /agency? If so, explain.
NO
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for labor compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No
Are any claims or actions unresolved or outstanding? Yes / No
17
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non - responsive.
HILLCREST CONTRACTING, INC.
Bidder
On before me,
personally appeared
GLENN J. SALSBURY
(Print name of Owner or President_
of Corpora 'on /Company)
Authorized Signature/Title
PRESIDENT
Title
June 3, 2008
Date
Notary Public,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for said State
My Commission Expires:
18
1]
•
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON June 4, 2008, before me, Michelle Santiago, Notary Public , personally appeared
Glenn J. Salsbury, who 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 /shelthey executed the same in his /her/their authorized ca aci (ies), and
that by his/her their signature (s) on the instrument the ep mon(s), or the entity upon behalf
of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing is true and correct.
r
MICHELLE SANTIAGO
Z COMM. # 1703618
' NOTARy PU611C _ CALIFORNIA9
RIVERSIDE COUNTY
. My Comm. Expires Nov. 6, 2070
ANAL
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: Information Reguired
Document Date: June 4. 2008 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. Salsbury
❑ Individual
❑ Corporate Officer—Title(s): President
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
is Representing: Hillcrest Contracting, Inc
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE/TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
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: Prooertv- 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
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
•
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE /TIDAL VALVE INSTALLATION
CONTRACT NO. 3955
THIS AGREEMENT, entered into this akiday o1V��, 2008, 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:
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE/TIDAL VALVE INSTALLATION
The work necessary for the completion of this contract consists of removing the
existing degraded pavement along East Bay Avenue and "A" Street and constructing
new, concrete pavement. In addition, the work includes removing and abandoning
an existing grated drain in the street and replacing curb and gutter along East Bay
Avenue.
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. 3955, 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
rill,
0 •
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of One Hundred Thirty -Eight Thousand, Six
Hundred Seventy -Seven and 001100 Dollars ($138,677.00).
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: Tom Sandefur
(949) 644 -3312
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
Hillcrest Contracting, Inc.
1467 Circle City Drive
Corona, CA 92879 -1668
951 - 273 -9600
951 - 273 -9608 Fax
Contractor, by executing this Contract,
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with original certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
21
•
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
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.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
24
0
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.
APPROVED AS TO FORM:
AR ON C. HARP
Assistant City Attorney
Cl
A
a
HILLCREST CONTRACTING, INC.
By: zz—'�--
(Co (p6rate Officer)
TitleGlenn I Salsbury - President
Print Name:
(Financial Officer)
Titl .Einer G. Lindhohu- V.P.ISectetaty
Print Name:
Please note: Corporations must complete and sign both places above
even if each office is held by the same individual
26
u
EXECUTED IN FOUR COUNTERPARTS
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
16AI,
CONTRACT NO. 3966
1= Z 07 : t 7Mem [ 3 i y i r 1 11
LABOR AND MATERIALS PAYMENT BOND
BOND 07601016
PREMIUM. INCLUDED IN
PERFORMANCE BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to HILLCREST CONTRACTING, INC., a California corporation, hereinafter
designated as the "Principal," a contract for construction of EAST BAY AVENUE AND "A"
STREET REHABILITATION WITH EAST BAY STORM DRAIN UPGRADE/TIDAL VALVE
INSTALLATION, Contract No. 3955 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. 3955 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be. done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and, Fidelity and Deposit Company of
Maryland duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety) are held firmly bound unto the City of Newport Beach, in the sum of
One Hundred Thirty -Eight Thousand, Six Hundred Seventy -Seven and 001100 Dollars
($138,677.00) lawful money of the United States of America, said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies,, implements or machinery
used in, upon, for, or about the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code of the State of California.
26
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Sedan 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 eL 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 9TH day of JUNE 2008.
Glenn J. Wsbury- President
HILLCREST 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: _
Authori Signature/Tdte
BY: ( jj��
Authorized Agent S' re
CHARLES L. FLARE /ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
27
•
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- �>.viau�y.2 wsjx _cy,.::er- .\t4>g�<.:.,'r- .�. ;_c a<�c$<:as_:.:..:u.9 L..x .,;.a.<r'- �x�r... �: a?. ><,.��vr...S;.az..c�<;:i >_ai :�x_c:;'� >✓"..,._2 >; 1<sacaN:.at;. ?i
State of California
County of ORANGE
On 6 -9-08 before me, JAN C. MORAN, NOTARY PUBLIC
Dale Here 1e rt Name aN Titled OPreer
personally appeared CHARLES L. FLAKE
Nam(S) of Signegs)
who 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 hislher /their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
JAN C. MORAN 3 which the person(s) acted, executed the instrument.
COMM. #1789349
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY 0 1 certify under PENALTY OF PERJURY under the laws
GCOMM. EXPIRES FEB. 17, 20 i
- of the State of California that the foregoing g g paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary see Abera Signature NBC' � �W
OPTIONAL �guWre a a ry Pubc
-
Through the information below is not required by law, R may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer — Title(s): _
• Partner —❑ Limited ❑ General
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner —❑ Limited ❑ General OREM
Top of thumb here (D Attorney in Fact ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
• uses;: �a:`.< cyia�r,,: r::« a��tirtirc.✓ cv:,« a.: �c�g<........ y��<c v: rc:. c. �c. �a✓ti�a «:�ucGi<cr<a�:•.r::,tic.✓� •:. <t�tc��..�<�r..r
0
•
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON June 10, 2008, before me Michelle Santiaao, Notary Public , personally appeared
Glenn J. Salsbury, who 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 eg_ rson(s), orthe entity upon behalf
of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing is true and correct.
Witness m h d and official seal w
L MICH 9-LLE SANTIAGO
IU W �T CO"M .#1701618 z
Michelle Sa go N t Public' N®TARY PUBLIC- CALIFORNIA-
ti
RIV €RSIM COUNTY
$ ATV C'Srn"" F,pires Nov.6, 2010
OPTIONAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: Payment Bond
Document Date: June 9 2008 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. Salsbury
❑ Individual
❑ Corporate Officer— Title(s): President
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Is Representing: Hillcrest Contracting, Inc
0
•
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article 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 dat 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 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 thedj in as fully and amply, to all intents and
purposes, as if they had been d a h ularly elected officers of the Company at its office
in Baltimore, Md., ' p attorney revokes that issued on behalf of Richard A. COON,
Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005.
The said Assistant
Section 2, of the By -]
IN WITNESS WHEREOF
affixed the Corporate Seal c
November, A.D. 2006.
ATTEST:
'�o oEVOS4
�p.ro.4 0
� Y
,i
State of Maryland U:
City of Baltimore J
*s4ieleby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Company, and is now in force.
the said Vice - President and Assistant Secretary have hereunto subscribed their names and
the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of
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 rust above
written.
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
POA-F 012 -4150H
•
11
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 1 do further certify that
the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
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 9TH day of JUNE , 2008
Assutant Secretary
EXECUTED IN FOUR COUNTERPARTS Bond #7601016 204
Premiumm: : $$11,
,
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EAST BAY AVENUE AND "A" STREET REHABILITATION
WITH EAST BAY STORM DRAIN UPGRADE/TIDAL VALVE INSTALLATION
CONTRACT NO. 3965
BOND NO. 7601016
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $1,204.00,
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 California, by motion
adopted, awarded to HILLCREST CONTRACTING, INC., a California corporation, hereinafter
designated as the 'Principal ", a contract for construction of EAST BAY AVENUE AND "A"
STREET REHABILITATION WITH EAST BAY STORM DRAIN UPGRADEITIDAL VALVE
INSTALLATION, Contract No. 3955 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. 3955 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and Fidelity and Deposit Company of Maryland,
duly authorized to transact business under the laws of the State of California as Surety (hereinafter
"Surety "), are held and finely bound unto the City of Newport Beach, in the sum of One Hundred
Thirty -Eight Thousand, Six Hundred Seventy-Seven and 001100 Dollars ($138,677.00) 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, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become
null and void.
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 9TH day of TUNE —2008.
Glenn J. Salsbury- President
HILLCRSST 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
CHARLES L. FLAKE /ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
lI
•
•
CALIFORNIA • ACKNOWLEDGMENT
. ai,: �<,: �cc>., �i;: �>. � >:.v::�.�a>'f.3c.:>s.ite�G,. =>. = �C...C:.S. a<':: v= i; a..: �.;. a<; a. adsa>. c�>C SiSc�. L< S�,.aS.a ;,�- •'t..r.�>�T�Y�+r2i, .,.: ><.nL.�.>s::iC�ayciv_ti
State of California
County of ORANGE
On 6 -9-08 before me, JAN C. MORAN, NOTARY PUBLIC
Date Here loam Name antl of the pricer
personally appeared CHARLES L. FLAKE
Name(s) of SVw(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in hismerAheir authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
JAN C. MORAN which the person(s) acted, executed the instrument.
O COMM. #1789349
(ry NOTARY PUBLIC• CALIFORNIA
ORANGE COUNTY n 1 certify under PENALTY OF PERJURY under the laws
COMM. EXPIRES FEB. 17, 2012 of the State of California that the foregoing paragraph is
true and correct.
WITNESS myy, hand and official seal.
Ple NotarySeWAbe,e Signature _OV6W yc ' "'�`.e'r"
519mflu e d raary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer— Title(s):
• Partner — ❑ Limited ❑ General
• Attorney in Fad
• Trustee Top of thumb here
• Guardian or Conservator
• Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
• Individual
• Corporate Officer —Tide(s):
❑
Partner —❑ Limited ❑ General
• Attorney in Fad
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTT &,E1PRINT
OF SIGNER 0
�4 V: ,a`� %�V:��':S�LCJ:CS:G<.✓G<_Y", _Y"LC�' vA'uG\ %S"•vC'd @'•P V: 2%< �•: G\' S.' �C ���G4 `�iG)d�re/rj %4Sv@j�GL:4.vY%
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
ON June 10, 2008, before me, Michelle Santiago, Notary Public , personally appeared
Glenn J. Salsbury, who 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 ca aci (ies), and
that by his /her their signature (s) on the instrument the ep mon(s), orthe entity upon behalf
of which the aerson (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing is true and correct.
my han nd official seal MICHELLE SANTIAGO
COMM. # 1703618 z
Z m •NOTARY PUBLIC . CALIFORNIA?
RIVERSIDE COUNTY
Santi , o Public My Comm. Expires Nov. 6, 2010
OPTIONAL
Though law does not require the information below, it may prove valuable to persons
relying on the document and could prevent fraudulent removal of this form to another
document.
Description of Attached Document
Title or type of Document: Performance Bond
Document Date: June 9 2008 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. Salsbury
❑ Individual
❑ Corporate Officer —Title(s): President
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
is Representing: Hillcrest Contracting, Inc
E
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 dat It dds 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 y ° 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 1 n as fully and amply, to all intents and
purposes, as if they had been du }� gularly elected officers of the Company at its office
in Baltimore, Md., i�p W e attorney revokes that issued on behalf of Richard A. COON,
Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005.
The said Assistant stEieieby 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 Sea] of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of
November, A.D. 2006.
ATTEST:
ro otros,
e
ltli a
to
4,u
State of Maryland l ss:
City of Baltimore f
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 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.
. i
POA -F 012 -4150H
Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
•
E
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 -Fact 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 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 9TH day of JUNE 2008 .
Assistant Secretary
ACORD CERTIFICA
F LIABILITY INSURAN OP ID Lo DATE (MMIDD YYYY)
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
HILLC -1
05/19 08
PRODUCER
TYPE OF INSURANCE
THIS CERTIFICATE ISSUED AS A MATTER F 1 FORM TIO
DATE MMIIIDNY
DATE MMIDDIY
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Arroyo /Knauf Ins. Services
AUT R17F RE ATIVE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 41498
ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW
Los Angeles CA 90041 -0498
A
X
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUR
Phone: 323- 550 -7900 Fax: 323- 256 -0800
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
$50,000. "'
INSURER A: Intestate Piss 6 Casualty Co.
22829
INSURERB: First National Insurance
24724
Contracting,
Inc.
P.O.Box
P.O. Sox 1898
$1,000,000
INSURER C: mteratate Fire 6 Ca lty Co.
22829
1467 Circle City Drive
Corona CA 92879 -1898
20,000 DED BI -PD
INSURER D.
INSURER E:
GENERAL AGGREGATE
$2,000,000
CUVERAUES
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
NQ
TYPE OF INSURANCE
POLICY NUMBER
DATE MMIIIDNY
DATE MMIDDIY
LIMITS
REPRESENTATIVES.
AUT R17F RE ATIVE
GENERAL LIABILITY
EACH OCCURRENCE
S1,000,000
A
X
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUR
SGL1001003
01/31/09
01/31/09
PREMISES (Ea occurence)
$50,000. "'
MEO EXP (Arty arts perann)
$ D
X XCU /CONTRACTUAL
BROAD FORM
PERSONAL 8 ADV INJURY
$1,000,000
X
20,000 DED BI -PD
PRn91RY NON- CONTRIBUTORY
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG
$2,000,000
POLICY X JJEECTT LOC
8
X
AUTOMOBILE
LIABILITY
ANY AUTO
25CC00262350
12/19/07
12/19/08
COMBINED SINGLE LIMIT
(Ea awidenq
$ 1 , 000 000
X
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Par parson)
$
BODILY INJURY
(Per axitlanq
$
HIREDAUTOS
NONAWNED AUTOS
•
Blkt waiver And
SAFECO AUTO PLUS FCRM
CA71100307
12/19/07
12/19/08
PROPERTY DAMAGE
(Per am'denq
$
•
Blkt Add'1 Insd
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
EA ACC
OTHER THAN
S
ANY
ANY AUTO
$
* 10 DAYS NONPAY
AUTO ONLY:
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
s4,000,000
C
X OCCUR IIcLAIMsmADE
PFX1004036
01/31/08
01/31/09
AGGREGATE
$4,000,000
$
$
DEDUCTIBLE
$
RETENTION $NIL
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUDVE
TO FOLLON LAIC# 35076
'
TORY LIMBS ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOY
$
OFFICER/MEMBER EXCLUDED?
If yes, describe under
E.L. DISEASE- POLICY LIMIT
S
SPECIAL PROVISIONS below
OTHER
•
GL Blkt Add'1 Insd
CG20101185,
01/31/08
01/31/09
•
Blkt Waiver form ICG24041093
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 VOLUNTEERS IS TO BE SHOWN AS ADDITIONAL
INSUREDS OUR POLICY IS PRIMARY NON- CONTRIBUTORY, WAIVER TRANSFER RIGHTS OF
RECOVERY FORMS INCLUDED, IN THE EVENT OF CANCELLATION 30 DAYS WRITTEN NOTICE
SHALL BE GIVEN TO THE ADDITIONAL INSUREDS AND 10 DAYS FOR NON PAYMENT
CERTIFICATE HOLDER CANCELLATION
CITYNEw
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL AML 30* DAYSWRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT ALL
City of Newport Beach
Public Works Department
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3300 Newport Beach, Blvd.
REPRESENTATIVES.
AUT R17F RE ATIVE
Newport Beach CA 92658
ACORD 26 (2001108) 0 ACORD CORPORATION 19
• •
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:
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.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0
0 •
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OG 24 0410 93
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
This endorsement moddies 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.
12:01 A.M. standard orris
SGL1001o03
Named Insured
Countersloned by
HilMrest Contract Ina
=..
(uffwrized Repreeentedve)
SCHEDULE
Name of Person or Organisation: Any person or organisation when you and such person or organization
have agreed in writing to a contract or agreement that you will waive any right of recovery against such
person or organization.
(if no entry appears above, information required to complete this endorsement will be shown In the Dedlaratlons as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-- COMMERCIAL
GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or your world done
under a contract with that person or organization and included in the ' products - completed operations hazard' This
waiver apples only to the person or organization shown In the Schedule above.
CL 078 (10.98)
CG 24 0410 93elecAPS Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
•
•
AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY
INSURANCE FOR AUTOMATIC STATUS ADDITIONAL INSURED
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement mod'rfies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It required under a written "insured contract' with you, paragraph a. Primary Insurance in SECTION IV —
COMMERCtAL 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 -6001 04 -05
0
•
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ.IT CAREFULLY.
EXCLUSION - DESIGNATED WORK
This endorsement modifies Insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
Description
"your work" on or for any project that, in whole or in part, is or will become any single or multi- family housing and/or
residential condominium facility is excluded. This description does not Include your work" within the boundaries of;
or below, what is or will become any public street,.rosdway or right of way or easements.
This insurance does not apply to "bodily injury", 'property damage ", "personal injury" or" advertising Hury" arising
out or:
I. Any operations or work shown in the above schedule
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY.
Fa S A F E C a ADDITIONAL INSURED CA 713512 93
This endorsement modifies insurance provided under the following;
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement the provbbns Of the COMMI)a Form apply unless modified by the
end M- menl
Endorsement effective
Named insured
HILLCRLST CONTRACTING INC.
Countersigned by
I wg
Scitedulc
Name of Person or Organk t m PER SCH8DDL8 ON VIL8 WITH COMPAff
Address:
Premlum: $ INCL
(N no entry appar&abov% hfamatbMequired -to complete dib eiworem and will be ahovm In Ilea Dwkrdbns as appficehle
to this endorsement)
A Under LIABILITY COVERAGE WHO IS ANANSURED IS dw*W tb include a3 an " kWxW the pelson(s) or
orgatration(s) shown h the ScWule, but only wNn rasped tip *WTI IRW or ~propmty dame" (011 hg iron the
acts or omissions. of
1. You;
2. Any of your mnployea or Vents;
a Any person, oupt the eddWonal Insured or any empbWe or agent of NR addtional toured, operating a coveted
"auto" with the permission of any of the above.
IL The insurance afforded by this endorsement does not appM
To "bodily injury' or "properly dame° arising out of the Soto negligence of the pe=(s) or oWWdon(s) shown
In the Schedule.
CA 7135 12 93 Pape 1 a 1
0
•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
S A F E C o' WAIVER OF TRANSFER RIGHTS CA 713413 83
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
Named insured
HILLCREST CONTRACTING INC.
Countersigned by
yhowriae(I Representative)
SCHEDULE
Name of Person or Organirow
PER SCH=LE ON FIL13 WITH COMPANY
(If no army appears above, inbrm fim required to compift this endorsement wig be shown In the De*mfiDns as applicable
to this endorsement).
We waive any mnt of recovery we may have against the paw or mmiz don shown In the sdredab because of payments
we make 10 them or on their behalf for injury or damages arising out of your contract wsh that person or organbstion. The
waiver applies only to the person or woanimHon shown it the Schedule
Premium: $ INCL
CA 713412 53
eusrsrMemnmaa "
rtcrrtnv, cu rnum me runma un,wm
�P1SL ra,nc' COMMERCIAL AUTO
e CA 71 10 03 07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
EXTENDED CANCELLATION CONDITION
Paragraph 2.b. of the CANCELLATION Common
Policy Condition is replaced by the following:
b. 60 days before the effective date of cancellation
if we cancel for any other reason.
TEMPORARY SUBSTITUTE AUTO — PHYSICAL
DAMAGE COVERAGE
Under paragraph C. — CERTAIN TRAILERS, MO-
BILE EQUIPMENT AND TEMPORARY SUBSTITUTE
AUTOS of SECTION 1 — COVERED AUTOS, the
following is added:
If Physical Damage coverage is provided by this Cov-
erage Form, then you have coverage for:
Any "auto" you do not own while used with the per-
mission of its owner as a temporary substitute for a
covered "auto" you own that is out of service be-
cause of its breakdown, repair, servicing, 'loss" or
destruction.
BROAD FORM NAMED INSURED
SECTION II — LIABILITY COVERAGE — A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
d. Any business entity newly acquired or formed by
you during the policy period provided you own
50% or more of the business entity and the
business entity is not separately insured for
Business Auto Coverage. Coverage is extended
up to a maximum of 180 days following acquisi-
tion or formation of the business entity. Coverage
under this provision is afforded only until the end
of the policy period.
BLANKET ADDITIONAL INSURED
SECTION II — LIABILITY COVERAGE — A.1. WHO
IS AN INSURED provision is amended by the addition
of the following:
e. Any person or organization for whom you are re-
quired by an "insured contract" to provide insur-
ance is an "insured ", subject to the following
additional provisions:
(1) The "insured contract' must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
to the "bodily injury" or `property damage ".
(2) This person or organization is an "insured"
only to the extent you are liable due to your
ongoing operations for that insured, whether
the work is performed by you or for you, and
only to the extent you are held liable for an
"accident" occurring while a covered "auto"
is being driven by you or one of your em-
ployees.
(3) There is no coverage provided to this person
or organization for 'bodily injury" to its em-
ployees, nor for "property damage" to its
property.
(4) Coverage for this person or organization
shall be limited to the extent of your negli-
gence or fault according to the applicable
principles of comparative negligence or fault.
(5) The defense of any claim or "suit' must be
tendered by this person or organization as
soon as practicable to all other insurers
which potentially provide insurance for such
claim or "suit".
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1997
$9 and Ne Safe logo are registered trademarks of Safep Corpomfim
CA 71 10 03 07 Page 1 of 6 EP
ncrmrvI cu rnvm , nt rvnnip I....I
• •
(6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE
lesser of:
A. SECTION III — PHYSICAL DAMAGE COVER -
(a) The coverage and/or limits of this policy; AGE, A.4. COVERAGE EXTENSIONS, is
or amended by adding the following:
(b) The coverage and/or limits required by
the "insured contract ".
(7) A person's or organization's status as an
insured" under this subparagraph d ends
when your operations for that "insured" are
completed.
EMPLOYEE AS INSURED
Under Paragraph A. of Section II — LIABILITY COV-
ERAGE item f. is added as follows:
Your "employee" while using his owned "auto ", or an
"auto" owned by a member of his or her household,
in your business or your personal affairs, provided you
do not own, hire or borrow that "auto ". This coverage
is excess to any other collectible insurance coverage.
FELLOW EMPLOYEE COVERAGE
Exclusion 5. FELLOW EMPLOYEE of SECTION II —
LIABILITY COVERAGE — B. EXCLUSIONS is
amended by the addition of the following:
However, this exclusion does not apply if the "bodily
injury" results from the use of a covered "auto" you
own or hire, and provided that any coverage under
this provision only applies in excess over any other
collectible insurance.
BLANKET WAIVER OF SUBROGATION
We waive the right of recovery we may have for pay-
ments made for "bodily injury" or "property damage"
on behalf of the persons or organizations added as
"insureds" under Section II — LIABILITY COVERAGE
— A.I.D. BROAD FORM NAMED INSURED and
A.1.e. BLANKET ADDITIONAL INSURED.
PHYSICAL DAMAGE — ADDITIONAL TRANS-
PORTATION EXPENSE COVERAGE
The first sentence of paragraph A.4. of SECTION III
— PHYSICAL DAMAGE COVERAGE is amended as
follows:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred
by you because of the total theft of a covered "auto"
of the private passenger type.
C. Personal Effects Coverage
For any Owned "auto" that is involved in a
covered "loss ", we will pay up to $500 for
"personal effects" that are lost or damaged
as a result of the covered `loss ", without
applying a deductible.
EXTRA EXPENSE — BROADENED COVERAGE
Paragraph A. — COVERAGE of SECTION 111 —
PHYSICAL DAMAGE COVERAGE is amended to
add:
5. We will pay for the expense of returning a stolen
covered "auto" to you.
AIRBAG COVERAGE
Under paragraph B. — EXCLUSIONS of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
The exclusion relating to mechanical breakdown does
not apply to the accidental discharge of an airbag.
NEW VEHICLE REPLACEMENT COST
Under Paragraph C — LIMIT OF INSURANCE of
Section III — PHYSICAL DAMAGE COVERAGE sec-
tion 2 is amended as follows:
2. An adjustment for depreciation and physical con-
dition will be made in determining actual cash
value in the event of a total loss. However, in the
event of a total loss to your "new vehicle" to
which this coverage applies, as shown in the
declarations, we will pay at your option:
Page 2 of 6
a. The verifiable "new vehicle" purchase price
you paid for your damaged vehicle, not in-
cluding any insurance or warranties pur-
chased;
b. The purchase price, as negotiated by us, of
a new vehicle of the same make, model and
equipment, not including any furnishings,
parts or equipment not installed by the
manufacturer or manufacturer's dealership.
If the same model is not available pay the
purchase price of the most similar model
available;
rtcrrtnvi c�rrt�m loci r�n"iu uerwnr
c. The market value of your damaged vehicle,
not including any furnishings, parts or equip-
ment not installed by the manufacturer or
manufacturer's dealership.
This coverage applies only to a covered °auto"
of the private passenger, light truck or medium
truck type (20,000 Ibs or less gross vehicle
weight) and does not apply to initiation or set up
costs associated with loans or leases.
TWO OR MORE DEDUCTIBLES
Under SECTION III — PHYSICAL DAMAGE COV-
ERAGE, if two or more "company" policies or cover-
age forms apply to the same accident, the following
applies to paragraph D. Deductible:
a. If the applicable Business Auto deduct-
ible is the smaller (or smallest) deduct-
ible it will be waived; or
b. If the applicable Business Auto deduct-
ible is not the smaller (or smallest) de-
ductible it will be reduced by the amount
of the smaller (or smallest) deductible;
or
c. If the loss involves two or more Busi-
ness Auto coverage forms or policies
the smaller (or smallest) deductible will
be waived.
For the purpose of this endorsement
"company" means:
a. Safeco Insurance Company of America
b. American States Insurance Company
c. General Insurance Company of America
d. American Economy Insurance Company
e. First National Insurance Company of
America
f. American States Insurance Company of
Texas
g. American States Preferred Insurance
Company
h. Safeco Insurance Company of Illinois
LOANILEASE GAP COVERAGE
Under paragraph C — LIMIT OF INSURANCE of
SECTION III — PHYSICAL DAMAGE COVERAGE,
the following is added:
a. Actual cash value of the damaged or stolen
property as of the time of the °loss", less an
adjustment for depreciation and physical
condition; or
b. Balance due under the terms of the loan or
lease that the damaged covered "auto" is
subject to at the time of the "loss ", less any
one or all of the following adjustments:
(1) Overdue payment and financial
penalties associated with those
payments as of the date of the
"loss ".
(2) Financial penalties imposed under a
lease due to high mileage, exces-
sive use or abnormal wear and tear.
(3) Costs for extended warranties, Cre-
dit Life Insurance, Health, Accident
or Disability Insurance purchased
with the loan or lease.
(4) Transfer or rollover balances from
previous loans or leases.
(5) Final payment due under a "Balloon
Loan ".
(6) The dollar amount of any
un- repaired damage that occurred
prior to the Iota[ loss" of a covered
"auto ".
(7) Security deposits not refunded by a
lessor.
(8) All refunds payable or paid to you
as a result of the early termination
of a lease agreement or any war-
ranty or extended service agree-
ment on a covered "auto ".
(9) Any amount representing taxes.
(10) Loan or lease termination fees
GLASS REPAIR — WAIVER OF DEDUCTIBLE
Under paragraph D. — DEDUCTIBLE of SECTION III
— PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is
repaired rather than replaced.
AMENDED DUTIES IN THE EVENT OF ACCI-
DENT, CLAIM, SUIT OR LOSS
4. The most we will pay for a total "loss" in any one The requirement in LOSS CONDITION 2.a. —
"accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
to a $1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS
AUTO CONDITIONS that you must notify us of an
CA 71 10 03 07 Page 3 of 6 EP
rtvmrv,[vrrty"i in[rVnmD U"rtnrtr
•
"accident" applies only when the "accident' is known
to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you
are a corporation.
UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
SECTION IV — BUSINESS AUTO CONDITIONS —
B.2. is amended by the addition of the following:
If you unintentionally fail to disclose any hazards ex-
isting at the inception date of your policy, we will not
deny coverage under this Coverage Form because of
such failure. However, this provision does not affect
our right to collect additional premium or exercise our
right of cancellation or non - renewal.
HIRED AUTO — LIMITED WORLD WIDE COVER-
AGE
Under Section IV — Business Conditions, Paragraph
B.7.b.e(1) is replaced by the following:
(1) The "accident" or "loss" results
from the use of an "auto" hired for
30 days or less.
RESULTANT MENTAL ANGUISH COVERAGE
SECTION V — DEFINITIONS — C. is replaced by the
following:
"Bodily injury" means bodily injury, sickness or dis-
ease sustained by a person including mental anguish
or death resulting from any of these.
HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability cov-
erage and if Comprehensive, Specified Causes of
Loss or Collision coverages are provided under this
Coverage Form for any "auto" you own, then the
Physical Damage Coverages provided are extended
to "autos" you hire or borrow.
The most we will pay for loss to any hired "auto" is
$50,000 or Actual Cash Value or Cost of Repair,
whichever is smallest, minus a deductible. The de-
ductible will be equal to the largest deductible appli-
cable to any owned "auto" of the private passenger
or light truck type for that coverage. Hired Auto Phy-
sical Damage coverage is excess over any other col-
lectible insurance. Subject to the above limit,
•
deductible and excess provisions, we will provide
coverage equal to the broadest coverage applicable
to any covered "auto" you own.
HIRED AUTO PHYSICAL DAMAGE COVERAGE —
LOSS OF USE
SECTION III — PHYSICAL DAMAGE AA.b. Form
does not apply.
Subject to a maximum of $1,000 per accident, we will
cover loss of use of a hired "auto" if it results from
an accident, you are legally liable and the lessor in-
curs an actual financial loss.
RENTAL REIMBURSEMENT COVERAGE
A. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto" be-
cause of a covered `loss" to a covered "auto
Payment applies in addition to the otherwise ap-
plicable amount of each coverage you have on a
covered "auto ". No deductibles apply to this
coverage.
B. We will pay only for those expenses incurred
during the policy period beginning 24 hours after
the "loss" and ending, regardless of the policy's
expiration, with the lesser of the following number
of days:
1. The number of days reasonably required to
repair or replace the covered "auto ". If
"loss" is caused by theft, this number of
days is added to the number of days it takes
to locate the covered "auto" and return it to
you.
2. 30 days.
C. Our payment is limited to the lesser of the fol-
lowing amounts:
1. Necessary and actual expenses incurred.
2. $50 per day.
D. This coverage does not apply while there are
spare or reserve "autos" available to you for your
operations.
E. If woss" results from the total theft of a covered
"auto" of the private passenger type, we will pay
under this coverage only that amount of your
rental reimbursement expenses which is not al-
ready provided for under the PHYSICAL DAM-
AGE COVERAGE Coverage Extension.
F. The Rental Reimbursement Coverage described
above does not apply to a covered "auto" that is
described or designated as a covered "auto" on
Page 4 of 6
RLYRIIV,LU �RVNI IRL I'VRWIO LIORXRI '
Rental Reimbursement Coverage Form
CA 99 23.
AUDIO, VISUAL AND DATA ELECTRONIC
EQUIPMENT COVERAGE
A. Coverage
We will pay with respect to a covered "auto"
for "loss" to any electronic equipment that
receives or transmits audio, visual or data
signals and that is not designed solely for the
reproduction of sound. This coverage applies
only if the equipment is permanently installed
in the covered "auto" at the time of the
loss" or the equipment is removable from a
housing unit which is permanently installed
in the covered "auto" at the time of the
loss ", and such equipment is designed to
be solely operated by use of the power from
the "auto's" electrical system, in or upon the
covered "auto ".
2. We will pay with respect to a covered "auto"
for "loss" to any accessories used with the
electronic equipment described in paragraph
A.I. above.
However, this does not include tapes,
records or discs.
3. If Audio, Visual and Data Electronic Equip-
ment Coverage form CA 99 60 or CA 99 94
is attached to this policy, then the Audio, Vi-
sual and Data Electronic Equipment Cover-
age described above does not apply.
B. Exclusions
The exclusions that apply to PHYSICAL DAM-
AGE COVERAGE, except for the exclusion relat-
ing to Audio, Visual and Data Electronic
Equipment, also apply to this coverage. In addi-
tion, the following exclusions apply:
We will not pay for either any electronic equip-
ment or accessories used with such electronic
equipment that is:
Necessary for the normal operation of the
covered "auto" for the monitoring of the
covered "auto's" operating system; or
2. Both:
a. an integral part of the same unit housing
any sound reproducing equipment de-
signed solely for the reproduction of
sound if the sound reproducing
equipment is permanently installed in
the covered "auto "; and
b. permanently installed in the opening of
the dash or console normally used by
the manufacturer for the installation of a
radio.
C. Limit of Insurance
With respect to this coverage, the LIMIT OF IN-
SURANCE provision of PHYSICAL DAMAGE
COVERAGE is replaced by the following:
1. The most we will pay for "loss" to audio, vi-
sual or data electronic equipment and any
accessories used with this equipment as a
result of any one "accident" is the lesser of:
a. The actual cash value of the damaged
or stolen property as of the time of the
"loss "; or
b. The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
c. $1,000.
2. An adjustment for depreciation and physical
condition will be made in determining actual
cash value at the time of the loss".
3. If a repair or replacement results in better
than like kind or quality, we will not pay for
the amount of the betterment.
D. Deductible
1. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a "loss" to the
covered "auto" under the Business Auto
Coverage Form's Comprehensive or Colli-
sion Coverage, then for each covered "auto"
our obligation to pay for, repair, return or re-
place damaged or stolen property will be re-
duced by the applicable deductible shown in
the Declarations. Any Comprehensive Cov-
erage deductible shown in the Declarations
does not apply to "loss" to audio, visual or
data electronic equipment caused by fire or
lightning.
2. If "loss" to the audio, visual or data elec-
tronic equipment or accessories used with
this equipment is the result of a "loss" to the
covered "auto" under the Business Auto
Coverage Form's Specified Causes of Loss
Coverage, then for each covered "auto" our
obligation to pay for, repair, return or replace
damaged or stolen property will be reduced
by a $100 deductible.
3. If "loss" occurs solely to the audio, visual or
data electronic equipment or accessories
used with this equipment, then for each cov-
ered "auto" our obligation to pay for, repair,
CA 71 10 03 07 Page 5 of 6 EP
ncrnnvi c�rnvm me r�nmo un,wnr
return or replace damaged or stolen property SECTION V — DEFINITIONS is amended by adding
will be reduced by a $100 deductible. the following:
4. In the event that there is more than one ap- Q. "Personal effects" means your tangible
plicable deductible, only the highest deduct- property that is worn or carried by you, ex-
ible will apply. In no event will more than one cept for tools, jewelry, money, or securities.
deductible apply. R. "New vehicle" means any "auto" of which
you are the original owner and the "auto"
has not been previously titled and is less
than 365 days past the purchase date.
Page 6 of 6
0
•
ARROYO
INSURANCE SERVICES
Date: January 31, 2008
Certificate Holder
Address, City and State: As Shown on Acord Certificate of Insurance
RE: Hillerest Contracting, Inc.
Insuring Company: Interstate Fire and Casualty Company
General Liability Policy Number: SGL100IO03
Policy Term: 01131/2008 to 01/3112009
Excess Liability Policy Number: PFX 1004036
Policy Term: 01/31/2008 to 01/31/2009
Ladies and Gentlemen,
The Certificate Holder for certain work performed by the Above Captioned Insured
Requiring the Cancellation Wording for their Certificate of Insurance be amended
To Exclude the ,Endeavor To...... But Failure To ....... - Wording contained in the
Cancellation Clause.
It is agreed and Understood that In the Event of Cancellation Non - Renewal
Arroyo/'nauf Insurance Services Will advise the Certificate Holder and NOT
The Responsibility of Interstate Fire and Casualty Company.
Very truly yours
2900 West Broadway, P.O. Box 41498, Los Angeles, California 900410498 323/550 -7900 818/240 -6262 Fax 323/256 -0800
www.srnoyoins.com CA License #0735912
P
POLICYHOLDER COPY SK
S'T'ATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 10 -12 -2007 GROUP: 000713
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 upon 3o days advance written notice to the employer.
We will also give you 30 days 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.
Oa ZR EPRESE NTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT 82085 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 -10 -12 IS
ATTACHED TO MID FORMS A PART OF THIS POLICY. THIRD PARTY MANE:
CITY OF NEWPORT BEACH '
EMPLOYER
HZLLCREST CONTRACTING INC SK
PO BOX 1888
CORONA CA 82878
0a .2-0% PRINTED : 10 -12-2
POLICY NUMBER: 0008881 -2007
CERTIFICATE Ilk 1211
CERTIFICATE EXPIRES 10 -01 -2008
10-01- 2007/10 -01 -2008
THIS CERTIFICATE SUPERSEDES AND CORRECTS
CERTIFICATE 0 1121 DATED 10 -01 -2007
CITY OF NEWPORT BEACH
SK JOB:ALL OPERATIONS
PO BOX 1788
NEWPORT BEACH CA 82888 -8815
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 upon 3o days advance written notice to the employer.
We will also give you 30 days 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.
Oa ZR EPRESE NTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT 82085 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 -10 -12 IS
ATTACHED TO MID FORMS A PART OF THIS POLICY. THIRD PARTY MANE:
CITY OF NEWPORT BEACH '
EMPLOYER
HZLLCREST CONTRACTING INC SK
PO BOX 1888
CORONA CA 82878
0a .2-0% PRINTED : 10 -12-2
Fax #:
•
•
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 6/13/08 Dept. /Contact Received From: Shauna Oyler
Date Completed: 6/13/08 Sent to: Shauna Oyler By: Jessica Scherer
Company /Person required to have certificate: Hillcrest Contracting, Inc.
GENERAL LIABILITY
A. INSURANCE COMPANY: Interstate Fire & Casualty Company
B. AM BEST RATING (A: VII or greater): AXV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes
Cl No
D. LIMITS (Must be $1 M or greater): What is limit provided?
$IM Each Occ /$2M Agg
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes
❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes
❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included? ® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence" wording? ❑ Yes ® No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: First National insurance
B. AM BEST RATING (A: VII or greater) AXV
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 City its
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.
•
III. WORKERS' COMPENSATION
A.
B.
C.
D.
INSURANCE COMPANY: Not Included
AM BEST RATING (A: VII or greater):
LIMITS: Statutory
WAIVER OF SUBROGATION (To include): Is it included?
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
❑ Yes ® No
❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Workers' Compensation coverage was not issued.
• State Of California
CONTRACTORS STATE LICENSE BOARD • '•" '
C,JMDr�td ACTIVE LICENSE'
.affairs
•e
License Wmber 471664 Fmity CORP
8usmess Name HILLCREST CONTRACTING INC
• Classitioation(s) A
Exwretion Dale 04/30/2009
v 0
T®
D
• 0
Form W'9
Request for Taxpayer
Give Perm to the
Dep' October 2007)
Identification Number and Certification
requester. Do not
oeeammem or a» y
ndto the
send to the IRS.
Imemm Revenue semce
Service
Name (as shown on your income tax realm) "
Hiflcrest Contracting, Inc.
Business name, if different from above
c
0
02
Chock appropriate box: ❑ Individual/Sole proprietor ® Corporafon ❑ Partnership
o
❑ Limited liability company. Enter the tax classification (D- disregarded entity, C =corporation, P = partnership) ► . _. _ -..
Exerppt
❑ Payea
`0 2
❑ Other (see instructions) ►
Address (number, street, and apt. or suite no.)
Requester's name and address (optlonei)
&.v
1467 Circle City Drive
g
city, state, and ZIP code
w°
Corona, CA 92879 -1668
List account numbers) here (optional)
IOU Taxpayer Identification Number IN
Enter your TIN In the appropriate box. The TIN provided must match the name glue. on Line 1 to avoid social aeeurfty number
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page S. For other amities, It is
your employer identification number, (EIN). If you do not have a number, see How to get a TIN on page 3, or
Note. If the account is in more than one name, we the chart on page 4 for guidelines on whose Employer Idertggcatior( number
number to enter. 33 COW51
Under penalties of perjury, I'certify that:
1. The number shown on thls form Is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. citizen ar other U.S. person (defined below).
Certification instructions. You must cross out Item 2 above if you have been natl8ed by the IRS that you are currently subject to backup
withholding because you have failed to report all Interest and dividends on your tax return. For feat estate transactions, Item 2 doss not apply.
For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement
arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
0rgn I signature of
Here us oars.. I.
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W -9 only if you are a U.S. person (Including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding If you are a U.S,
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W -9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W -9.
Date ►
Definition of a U,S. person. For federal tax purposes, you are
considered a U,S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section
301.7701 -7).
Special rules for rtnerships. Partnerships that conduct a
trade or business if the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W -9
has not been mcelyed, a partnership is required to presume that
a partner is a torsion person, and pay the withholding tax.
Therefore, if you are a U,S. person that is a partner, in a
partnership condugting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W -9 to the partnerghip for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of not income from the partnership
conducting a trade or business in the United Stag is in the
following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W<v (Rev. 10,2007)
2008-Jun-ii 09:43 AM
E
a
C/(rppw��
CNB venue 9496443073
OF NEWPORT BEA
HILLOREST COBTRACRIAG INC ACCOUNT NUMBER ST97020321
P 0 Box 1898 03131/2009
CORONA, CA EXPIRATION DATE
92878 -1898
INSTRUCTIONS AND
i/i
Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the
named business has paid a tax to conduct the business activity designated. within the City of Newport Beach, until the expiration date shown -
FlOaee notify the Revenue Division immediately it any of the information on the certificate changes.
This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a
permanent location Municipal Code requires that any representative, while transacting bus"xresa within the ft carry this certificate.
This business tax Certificate does not authorize the named business to conduct any activ lies regulated by the City of Newport Beach or Other
agencies. Authotfttlon for such aclWltles muat be obtained trom the appropriate departments prior to application for business tax. Certificates
are not trandarable to any other parry or person and are not pro- rated. Refunds are not provided Once the certificate has been Issued.
Your buslteas lax certificate to valid until the expiration date, and must be renewed annually prior to Ina1 date. Changes in type of ownership
(Le, from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require fling of and
payment for a new application. Additional cer ificatee are required if additional types of business activity are Initiated at the same address, or
additional locations of the same business are established (Municipal Code sections L04 through 6.08).
For your convenience, the Revenue Division will mail a oourtasy renewal notice, prior to the expiration date, to the billing address of record
Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 25% per month to a
maximum of 100% of the tress tax..
The Revenue Division is available to answer any quesaone regarding business tax cerfifioation and mcidrements. Call (949) 844.8141; a -mad us
at: RevenueHelpOdtynonort- beach.aLus, or Walt us on the Internet at M2ffiL tvnewmrl-beach.c8.ue and view the Muniopal Coda on -Ina
DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED
= OF NEWPORT BEACH
BUSINESS TAX CERTIFICATE
THIS TAX PAYMENT EXPIRES: 05/31/2009 ACCOUNTNUMBER s797D20321
SERVICE ADDRESS: `'' l„
y .,, +,v . i jl v.
, n••... .., . Xrir4
BLLLCREBT CONTRACTING INC
1467 CIRCL= CITY DR
CORONA CA 92879
BUSINESS CATEGORY:
ENGINXERIM SPCS i.r . •..
SELLERS PERIvIl'1': = SELLERS
8
?r
NAME:
SILLCREST CONTRACTING INC
OWNERSW TYPE:
CORFOPATIOA
TAX INCLUDES PAYMENT FOR:
1.00 33PLOYESS
DATE OF ISSUE: 09/01/1997
PRINT DATE: O d /11/2008
•
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
CONTRACT NO. 3955
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. 3955 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
@ �ws 1•iou )s y a Dollars
h o and
�1 Cents
Per Lump Sum
2. Lump Sum Traffic Control
@ Ft Dollars
and
FO Cents
Per Lump Sum
3. Lump Sum Surveying Services
@ rowu 'lilaysd.� Dollars
C and
&I ar Cents
Per Lump Sum
4. 4,560 S.F. Remove Existing AC Pavement
@ It '� If Dollars
and
Cents
Per Square Foot
$ s.-2°
$ ,lobo w
$ VA 00
$� °`�
$ .?7—
PR2of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5. 270 L.F. Remove and Construct P.C.C. and
Gutter Type A
@ 0ti4- Dollars
d� and
Cents $ 3l_ oT
Per Linear Foot
6. 1,150 S.F. Remove Existing 6 -Inch P.C.C. Pavement
@ Thve, Dollars
and
4uf o° Cents $ $ -3
9 �a
Per Square Foot
7. 5,700 S.F. Construct P.C.C. Street
@ six Dollars
and
Cents $ 6.3 C> $ 3�s 9/r
Per Square Foot
8. Lump Sum Striping
Dollars
and _
Cents
Per Lump Sum
9. 1 EA. Replace Water Valve Boxes
@ * - -J4 Dollars
a o and
Cents $ we o. w $ . Poo, o-;-
Per Each
10. 5 EA. Remove and Reinstall Curb
Drain
@ Dollars
and
lia✓I. rte. r / Cents
Per Each
11. Lump Sum Abandon Existing Grate Drain
Dollars
and
Cents $ et Sores
Per Lump Sum
•
•
PR3of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
12. 80 L.F. Construct P.C.C. Curb
Type D
r7a "fwo e Dollars
and
Cents $.10 s° $ /7 (-40 cf
Per Lin r Foot
13. Lump Sum P.C.C. Catch Basin
@ -A - j�iDollars
and
Cents $
Per Lump Sum �—
14. Lump Sum Remove Existing 6" Tide Valve
And Catch Basin
@ T °w 1&. VJ*4
Dollars
�%%h. �%4,1.A • Nl
and
Cents $ 43�
Per Lump Sum
15. Lump Sum Install 12" Tide Valve
@ �ik" ~� -mod
Dollars
„6
and
Cents
Per Lump Sum
16. 75 L.F. 12 -Inch Storm Drain
@ A - / -'t- Dollars
and
o ,.r, •,of'- Cents $ 13a.0� $ 9 9s° of
Per Linear Foot I
17. Lump Sum Remove Existing Timber
Retaining Wall
(a) 1-1--J41 Dollars
M and
`� Cents $
Per Lump Sum
18. Lump Sum Construct Concrete Retaining
Wall
@E• t kfee . 1643` -4 Dollars
and
Cents
Per Lump Sum r-
@ Dollars
and
Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
a9G 14,1.,4,J h ,4_
and ao /I "dents
June 3, 2008
Date
9511273 -9600 9511273 -9608
Bidder's Telephone and Fax Numbers
471664 A
Bidder's License No(s).
and Classification(s)
s,h /v
r$S'wV.'
$
/3Z 6?r7. c?'
Total Price (Figures)
HILLCREST CONTRACTING, INC.
Bidder
Bidders Authorized Signature and Title
GLENN J. SALSBURY, PRESIDENT
1467 Cir. City Dr., Corona, CA 92879 -1668
Bidder's Address
Bidder's email address: glenn @hillcrestcontracting.com
EWsersV,wMharedlcontractsVy 07.081e bay ave and a st storm drain c- 395Mproposal 03955.doc
PR4of4
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
19. Lump Sum
Restoration of Public and Private
Improvements
@ �r✓ ° °�'-� Dollars
and
nd�w Cents
$
Per Lump Sum
20. Lump Sum
As -Built Plans
@ Dollars
and
Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
a9G 14,1.,4,J h ,4_
and ao /I "dents
June 3, 2008
Date
9511273 -9600 9511273 -9608
Bidder's Telephone and Fax Numbers
471664 A
Bidder's License No(s).
and Classification(s)
s,h /v
r$S'wV.'
$
/3Z 6?r7. c?'
Total Price (Figures)
HILLCREST CONTRACTING, INC.
Bidder
Bidders Authorized Signature and Title
GLENN J. SALSBURY, PRESIDENT
1467 Cir. City Dr., Corona, CA 92879 -1668
Bidder's Address
Bidder's email address: glenn @hillcrestcontracting.com
EWsersV,wMharedlcontractsVy 07.081e bay ave and a st storm drain c- 395Mproposal 03955.doc
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CONTRACT NO. 3955
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2 SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE
2 -9 SURVEYING
2 -9.3 Survey Service
2 -9.6 Survey Monuments
SECTION 3
CHANGES IN WORK
3.3
EXTRA WORK
3 -3.2
Payment
3 -3.2.3
Markup
SECTION 4
CONTROL OF MATERIALS
4-1
MATERIALS AND WORKMANSHIP
4 -1.3
Inspection Requirements
4 -1.3.4
Inspection and Testing
SECTION 5
UTILITIES
5 -1
LOCATION
5 -2
PROTECTION
5 -7
ADJUSTMENTS TO GRADE
5 -8
SALVAGED MATERIALS
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
1
1
1
1
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
• •
6 -1
CONSTRUCTION SCHEDULE AND
13
201 -1
COMMENCEMENT OF THE WORK
4
6 -7
TIME OF COMPLETION
4
6 -7.1
General
4
6 -7.2
Working Days
4
6 -7.4
Working Hours
5
6 -9
LIQUIDATED DAMAGES
5
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
5
7 -7
COOPERATION AND COLLATERAL WORK
5
7 -8
PROJECT SITE MAINTENANCE
6
7 -8.5
Temporary Light, Power and Water
6
7 -8.5.1
Steel Plates
6
7 -8.6
Water Pollution Control
6
7 -8.6.1
Best Management Practices and Monitoring Program
6
7 -10
PUBLIC CONVENIENCE AND SAFETY
7
7 -10.1
Traffic and Access
7
7 -10.2
Storage of Equipment and Materials in Public Streets
7
7 -10.3
Street Closures, Detours, Barricades
7
7 -10.4
Safety
8
7- 10.4.1
Safety Orders
8
7 -10.5
"No Parking" Signs
8
7 -10.7
Notice to Residents and Temp Parking Permits
9
7 -15
CONTRACTOR LICENSES
9
7 -16
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
9
SECTION 9
MEASUREMENT AND PAYMENT
10
9 -3
PAYMENT
10
9 -3.1
General
10
9 -3.2
Partial and Final Payment
12
PART 2 - -- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
13
201 -1
PORTLAND CEMENT CONCRETE
13
201 -1.1.2
Concrete Specified by Class
13
201 -2
REINFORCEMENT FOR CONCRETE
13
201 -2.2.1
Reinforcing Steel
13
5
SECTION 214 PAVEMENT MARKERS 13
214 -4 NONREFLECTIVE PAVEMENT MARKERS 13
214 -5 REFLECTIVE PAVEMENT MARKERS 13
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK
13
300 -1
CLEARING AND GRUBBING
13
300 -1.3
Removal and Disposal of Materials
13
300 -1.3.1
General
13
300 -1.3.2
Requirements
14
300 -1.5
Solid Waste Diversion
14
SECTION 302
ROADWAY SURFACING
14
302 -6
PORTLAND CEMENT CONCRETE PAVEMENT
14
302 -6.6
Curing
14
SECTION 303
CONCRETE AND MASONRY CONSTRUCTION
15
303 -5
CONCRETE CURBS, WALKS, GUTTERS, CROSS
15
GUTTERS, ALLEY INTERSECTIONS, ACCESS
RAMPS AND DRIVEWAYS
15
303 -5.1
Requirements
15
303 -5.1.1
General
15
303 -5.5
Finishing
15
303 -5.5.1
General
15
303 -5.5.2
Curb
15
303 -5.5.4
Gutter
15
SECTION 310
PAINTING
15
310 -5
PAINTING VARIOUS SURFACES
15
310 -5.6
Painting Traffic Striping, Pavement Markings, and Curb
Markings
15
310 -5.6.7
Layout, Alignment and Spotting
15
310 -5.6.8
Application of Paint
16
SECTION 312
PAVEMENT MARKER PLACEMENT AND REMOVAL
16
312 -1
PLACEMENT
16
f' %users %pbw\sheredlcontractslfy 07 -085e bay ave and a st storm drain c- 3955\specs index c- 3955.doc
• • SP1OF16
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS oe\ 1/
CONTRACT NO. 3955
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. R- 5938 -S); (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 removing the existing degraded pavement along East Bay
Avenue and "A" Street and constructing new, concrete pavement. In addition, the work
includes removing and abandoning an existing grated drain in the street and replacing
curb and gutter along East Bay Avenue."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed
Land Surveyor shall utilize /follow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements. The design surveyor for this project is Advanced Survey Concepts and
can be contacted at (949) 727 -9546. At a minimum, two (2) sets of cut - sheets for all
areas shall be included in the bid price and copies of each set shall be provided to City
SP2OF16
48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a
Record of Survey with the County Surveyor's Office is required after the completion of
Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner
Records for review by the City a minimum of three (3) working days before the
anticipated Work.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and /or
monuments damaged by the Work."
2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work,
inspect the project for existing survey monuments and then schedule a meeting with the
City Surveyor to walk the project to review the survey monuments. The Contractor shall
protect all survey monuments during construction operations. In the event that existing
survey monuments are removed or otherwise disturbed during the course of work, the
Contractor shall 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.
1 � 1 • •
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SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's
readiness for inspection. 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 3'd 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 not indicated for replacement on the plans 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 replace to finish grade City -
owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and
survey monuments. New water valve covers shall conform to City Standard 511 -L.
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.
E
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SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6 -7, shall commence on the
date of the 'Notice to Proceed.'
No work shall begin until a "Notice to Proceed" has been issued, a pre- construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to 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 30 consecutive working days after the date on the
Notice to Proceed.
The Contractor will not begin any construction that affects traffic on the streets
until after September 15, 2008.
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."
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St
(New Year's Day), 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), December 25th (Christmas), and December 31St (New Year's Eve). If
January 1st, July 4th, November 11th, December 24th, December 25th or December
31st falls on a Sunday, the following Moncig is a holiday. If January 1St, July 4th
November 11th December 24th December 25t or December 31st falls on a Saturday,
the Friday before is a holiday."
• • SP5OF16
6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 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.
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
$250.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $250.00 per day is the
minimum value of the costs and actual damage caused by the failure of the Contractor
to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR
7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will
perform all shut downs of water facilities as required. The Contractor shall give the City
seven calendar days notice of the time he desires the shut down of facilities to take
place.
A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be
allowed. The Contractor will be responsible for completing all water connections within
the time period allowed. The times and dates of any utility to be shut down must be
coordinated with the City of Newport Beach, Utilities Department. The City must
approve any nighttime work in advance.
• • SP 6 OF 16
The Contractor shall provide and install new water meter and valve boxes. Existing
water meter or valve box frames and covers shall be salvaged. Salvaged meter or
valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West
16th Street. The Contractor shall make arrangements for the delivery of salvaged
materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402."
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 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching
shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized
on arterial highways shall be pinned and recessed flush with existing pavement
surface."
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
Department or can be found on the City's website at http://www.city.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.
SP7OF16
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
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 Traffic 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 traffic engineer. Traffic control and detour
plans shall meet the following requirements:
I I r •
•
1. Emergency vehicle access shall be maintained at all times.
SP8OF16
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. Vehicle access to and from residences, including parking, may be limited or
closed during working hours, with the Engineer's approval.
5. The Contractor shall coordinate the construction so as to not interfere with the
periodic fuel deliveries received by Hill's Boat Service. The Contractor shall
contact the business prior to construction to relay the schedule to the business.
6. 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."
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.
•
SP9OF16
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 and Businesses. Ten working days prior to
starting work, the Contractor shall deliver a construction notice to residents and
businesses 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 and businesses 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.
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 an "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.
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SECTION 9 - -- MEASUREMENT AND 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 providing bonds,
insurance and financing, preparing the BMP Plan and construction schedule, and all
other related work as required by the Contract Documents.
Item No. 2 Traffic Control: Work under this item shall include delivering all required
notifications and temporary parking pen-nits, posting signs and all costs incurred
notifying residents. In addition, this item includes preparing traffic control plans
prepared and signed by a California licensed traffic engineer, and providing the traffic
control required by the project including, but not limited to, signs, cones, barricades,
flashing arrow sign, K -rail, temporary striping, and 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.
Item No. 3 Surveying Services: Work under this item shall include the cost of
surveying, construction staking, preliminary grades, final grades, centerline ties, all
horizontal alignment, survey monument adjustment, as -built field notes, filing of corner
records, reestablishment of property corners disturbed by the work, protection and
restoration of existing monuments and other survey items as required to complete the
work in place.
Item No. 4 Remove Existing AC Pavement: Work under this item shall include
clearing and grubbing, removing AC pavement and base material, disposing of excess
material, and all other items as required to complete the work in place.
Item No. 5 Remove and Construct P.C.C. Curb and Gutter Type A: Work under
this item shall include removing and disposing of the existing curb and gutter, subgrade
compaction, reconstructing curb openings of existing curb drains, constructing P.C.C.
curb and gutter, Type A, re- chiseling the curb face for existing underground utilities,
restoring all existing improvements damaged by the work, and all other work items as
required to complete the work in place.
Item No. 6 Remove Existing 6 -Inch P.C.C. Pavement: Work under this item shall
include clearing and grubbing, removing P.C.C. pavement, disposing of excess
material, and all other items as required to complete the work in place.
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Item No. 7 Construct P.C.C. Street: Work under this item shall include importation
of material, grading, compaction, doweling, constructing new 8 -inch thick P.C.C.
pavement and all other work items as required to complete the work in place.
Item No. 8 Striping: Work under this item shall include traffic striping, curb
painting, placing reflective markers, removing, storing and replacing any street signs
and all other work as required to complete the work in place.
Item No. 9 Replace Utility Boxes: Work under this item shall include removing and
disposing of existing covers, adjusting utility to grade, furnishing and installing new
covers and frames, and all other work items as required to complete the work in place.
Item No. 10 Remove and Reinstall Curb Drain: Work under this item shall include
removing and reinstalling existing curb drains and all other work items as required to
complete the work in place.
Item No. 11 Abandon Existing Grate Drain: Work under this item shall include
removing the existing grate drain and interfering portions of existing storm drain, placing
PCC in sections to be abandoned in place, and all other work items as required to
complete the work in place.
Item No. 12 Construct Type D P.C.C. Curb: Work under this item shall include
preparing existing surfaces for construction, doweling holes for reinforcement,
constructing P.C.C. Type D gutter, restoring all existing improvements damaged by the
work, and all other work items as required to complete the work in place.
Item No. 13 P.C.C. Catch Basin: Work under this item shall include constructing
P.C.C. Catch Basins per CNB Std -300 -1- including, but not limited to, removing
pavement, exposing utilities in advance of work, excavation, temporary patching or
plating, controlling ground and surface water, backfill, compaction, disposing of excess
excavated materials, installing base, shaft, steps, grade rings, manhole frames and
covers, potholing all existing utilities, connections to existing facilities, removing,
abandoning or protecting interfering portions of existing utilities or improvements,
temporary and permanent support of utilities, and all other work items as required to
complete the work in place.
Item No. 14 Remove Existing 6" Tide Valve and Catch Basin: Work under this item
shall include the removal of the existing 6" Fresno Tide Valve, delivering of removed
valve to the City, removing existing catch basin, backfilling area, compacting subgrade,
constructing sidewalk, and all other work items as required to complete the work in
place.
Item No. 15 Install 12" Tide Valve: Prepping catch basin walls for installation of
new tide valve, drilling bolt holes, installing tide valve per manufacturer's
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recommendations, testing valve to ensure water -tight seal and proper seating, adjusting
valve, and all other work items as required to complete the work in place.
Item No. 16 12 -inch Storm Drain: Work under this item shall include removing
existing interfering pipe, filling portions of existing with slurry, installing all pipe material
including, but not limited to, potholing of all existing facilities, pavement removal,
removal of existing storm drain line, exposing utilities in advance of pipe excavation
operations, trench excavations, shoring, bracing, temporary patching or trench plates,
controlling ground and surface water, installing pipe, installing external joint sealer,
placing bedding and crushed miscellaneous base, compaction, fittings, connecting to
existing facilities, removing, abandoning or protecting interfering portions of existing
utilities or improvements, temporary and permanent support of utilities, disposing of
excess excavation materials, removing and restoring back to their original condition any
private improvements interfering with storm drain replacement and all other work items
as required to complete the work in place.
Item No. 17 Remove Existing Timber Retaining Wall: Work under this item shall
include removing an existing timber retaining wall, disposing of debris and all other work
items as required to complete the work in place.
Item No. 18 Construct Concrete Retaining Wall: Work under this item shall include
excavating for concrete retaining wall, shoring existing roadway if necessary, setting
forms, procuring and installing epoxy- coated rebar, pouring and curing concrete,
removal of forms, disposing of excess excavation materials and all other work items as
required to complete the work in place.
Item No. 19 Restoration of Public and Private Improvements: Work under this item
shall include, as determined necessary by the Engineer, removal of USA markings,
repair, restoration, or reconstruction all existing public and private improvements
disturbed or damaged by the work which are not designated for removal. Such
restoration work may include, but not be limited to: turf, plants and planters, shrubs,
trees, irrigation components, electrical components, fences, walls, planters, brick and
brick pavers, concrete, painting of various surfaces, ornaments and other decorative
items required to complete the work in place.
Item No. 20 Provide As -built Drawings: Work under this item shall include all
actions necessary to provide as -built drawings. These drawings must be kept up to
date and submitted to the City Inspector for review prior to payment request.
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."
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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. All epoxy coated rebar, as shown on the plans, shall conform
to ASTM A775. Job -site handling of the bars shall conform to ASTM D3963."
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:
http: / /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
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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.
Approximate area of removal and replacement is 7,000 square feet."
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-% 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."
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SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303 -5.1 Requirements
303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall
be opened to pedestrian access on the day following concrete placement. In addition,
all forms shall be removed, irrigation systems shall be repaired, and backfill or
patchback shall be placed within 72 hours following concrete placement. Newly poured
P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until
the concrete has cured to a minimum strength of 3,000 psi."
303 -5.5 Finishing
303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C.,
P.C.C. and brick within private property at locations shown on the plans in a manner
that matches the adjoining existing private property in structural section, texture and
color."
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 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line
tolerances to within 0.01 feet of those elevations shown on the plan."
SECTION 310 - -- PAINTING
310 -5 PAINTING VARIOUS SURFACES
310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings
310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to
read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor
shall be responsible for the completeness and accuracy of all layout alignment and
spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment
shown on the plans. The Contractor shall mark or otherwise delineate the new traffic
lanes and pavement markings within 24 hours after the removal or covering of existing
striping or markings. No street shall be without the proper striping over a weekend or
holiday. Stop bars shall not remain unpainted overnight."
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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
outside of the work area, he shall re- stripe /replace such work items at no cost to the
City.
The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer,
temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is
more than one lane in any one direction, for more than three consecutive calendar
days. Dependent upon construction phasing, the Engineer may require the Contractor
to apply two applications of paint to maintain adequate delineation on base pavement
surfaces, at no additional cost to the City."
SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL
312 -1 PLACEMENT. Amend this section with:
"1. The location of raised pavement fire hydrant marker shall conform to the City of
Newport Beach Standard Plan No. STD - 902 -L.
2. The Contractor shall not replace raised pavement markers until fifteen days
after the application of the pavement or slurry."
F: \Users \PB1MSharedlContracts \FY 07 -08\E Bay Ave and A St Storm Drain C- 3955 \SPECS C- 3955.doc
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
June 24, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Tom Sandefur
949 - 644 -3312 ortsandefur @city.newport- beach.ca.us
SUBJECT: East Bay Avenue and A Street Rehabilitation and Storm Drain
Improvements - Award of Contract No. 3955
Recommendations:
1. Approve the project plans and specifications.
2. Award Contract No. 3955 to Hillcrest Contracting for the Total Bid Price of
$138,677, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $13,500 to cover the cost of unforeseen work.
Discussion:
At 10:00 a.m. on June 4, 2008, the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID AMOUNT
Low Hillcrest Contracting $138,677.00
2 La Strada Contracting $141,259.00
3 Amtek Construction $141,585.50
4 GCI Construction $141,991.00
The low total bid amount is 4.5 percent below the Engineer's Estimate of $145,000. The
low bidder, Hillcrest Contracting, possesses a Califomia 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.
The work necessary for the completion of this contract consists of removing the existing
degraded pavement along East Bay Avenue and "A" Street and constructing new,
concrete pavement. In addition, the work includes removing and abandoning an
existing grated drain in the street and replacing curb and gutter along East Bay Avenue.
East Bay A•e and A Street Rehabilitation and Storm Drain Improvements — Award of Contract No. 3955
June 24, 2008
Page: 2
Pursuant to the contract specifications, the contractor will have 30 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 Implementing 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. Prior to starting work two City prepared notices are
distributed by the contractor to both residents and businesses. The first notice will be
distributed ten days before work in the area and the second notice 48 hours prior to
starting work in the area.
Geotechnical. Material Testing, and Survey Services:
In addition to the contract costs, approximately $5,000 in geotechnical and material
testing services are projected to be needed for this project and will be performed under
the on -call professional services agreement with Harrington Geotechnical Engineering.
Survey services are included in the project contract.
Funding Availability:
There are sufficient funds available in the following accounts for the project:
Account Description
Gas Tax
Tide and Submerged Lands
Measure M Turnback
Proposed uses are as follows:
Vendor
Hillcrest Contracting
Hillcrest Contracting
Harrington Geotechnical
Prepared by:
Tom Sandefur, REOV
Associate Civil Engineer
Attachment: Project Location Map
Account Number Amount
7181- C2002008 $ 106,177
7231- C2502002 $ 30,000
7281- C5100019 $ 21,000
Total: $ 157,177
Purpose Amount
Construction Contract $ 138,677
Construction Contingency $ 13,500
Materials Testing $ 5,000
Total: $ 157,177
Submitted bv✓
Director
LOCATION MAP
BAY AVENUE EAST AND "A" STREET REHABILITATION
CONTRACT NO.3955
PROJECT LOCATION
BAY AVE. E
BAY AVE. E.
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