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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. LLi C, i W N Uv LLJ r B C5 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 Best's Rating Center - Com�y Information for Fidelity and Dep ' Company ... Page 1 of 1 Industry Research Ratings DefiNkams 6 search Beat's Ratings Press Releases Related Products 1 txklsfry 8 Regonel Co.rly Risk Sructured Finance Flow to OM Rated rArYact an Analyst ) e1 Rafinga:EImmcJal Slren9ih Issuer Credit Securities Advainexissarsh 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 Financial Strength Ratings View Definitions Rating: A (Excellent) Affiliation Code: if (Group) Financial Size Category: XV (S2 Billion or greater) Outlook: Positive Action: Affirmed Effective Date: December 11, 2007 * Denotes Under Review Best's Ratings ohm Web ceN69 I - Issuer Credit Ratings View Definitions Long- Tenn:a Outlook: Positive Action: Affirmed Date: December 11, 2007 Reports and News Visit our NewsRoom for the latest Ogiv_ Oa d resss e�ea for this company and its A.M. Best Group. AMB Credit Report - Insurance Professional (Uni tlridgftd) (formerly known as Bests Company Report) - includes Best's Fin: rationale along with comprehensive analytical commentary, detailed business overview and key financial data. t r Report Revision Date: 1211 V2007 (represents the latest significant change). ttulorical Reports are available in AMB.Gnsdi - Report : Insurance P.rofess'onal (Unabridged) Arcbtva ` Best's Executive Summary Reports (Financial Overview) - available in three versions. these presentation style repots feature balance a key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2006 Bears Statement File - P /C, OS. Contains data compiled as of 5/29/2008 (Quality Cross Checked). k Single Commonly -five years of financial data specifically on this company. I Comparison - side -by -side financial analysis of lhrs company with a peergroup ofup to five other companies you select. 6 Cpmpps)ta - Evaluatethis company's financials against a peer group composite. Repoadispwys both the average and total composite group. -` AMB Credit Report - Business Professional- provides three years of key financial data presented with cdodul charts and tables Each rE latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 5/2912008 (Quality Cross Checked) Besfs Key Rating Guide Presentation Report - includes Bast's Financial Strength Rating and financial data as provided in Best's Key Its Data Status: 2006 Financial Data (Quality Cross Checked). el Financial and Analytical Products Best's Property /Casualty Center - Premium Data & Reports Best's Key Rating Guide - PIC. US & Canada Best's Statement File: P/C. 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U SA. http: / /www3. ambest. com /ratings /Full Profile.asp ?BI =O&AM BN um= 387&AItS rc =1... 06/04/2008 • • 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 • • SP3OF16 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 SP4OF16 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. t � t • 9 -3 PAYMENT • SP 10 OF 16 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. y t , • • SP 11 OF 16 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 s 1 • • SP 12 OF 16 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." .. • SP 13 OF 16 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 � f 1 • SP 14 OF 16 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." s f r • • SP 15 OF 16 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." x 3 � � • SP 16 OF 16 310 -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 r 0 0 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. Z fi 1p 4