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HomeMy WebLinkAboutC-3965 - Coast Highway Sidewalk - Morning Canyon to SeawardW • �P October 15, 2008 Orange County Recorder P. O. Box 238 Santa Ana. CA 92702 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC RE: 1) Coast Highway Sidewalk Morning Canyon to Seward Road (C -3965) 2) Corporation Yard Building "G" Roof Rehabilitation (C -3966) 3) West Newport & Newport Island Park Playground Equipment Replacement (C -4005) 4) McFadden Square Centennial Monument (C -3981) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely. LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC October 14, 2009 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 Subject: Coast Highway Sidewalk Morning Canyon to Seward Road (C -3965) To Whom it May Concern: On October 14, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 23, 2008, Reference No. 2008000489325. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 7599988. Unfortunately, my office just discovered that the Labor & Materials Payment Bond was not released at the appropriate time. I have enclosed the Labor & Materials Payment Bond and the Faithful Performance Bond, and apologize for the delay. S' 1 , 7 0 P"" Leilani I. Brown, MM City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us This Documen s electronically recorded by W • Cert Mail F �� F I�, �I;- ft�ec�rded in Official Records, Orange County RECORDING REQUESTED B I�ND wort, Daly, Clerk- Recorder WHEN RECORDED RETUR WORT 30 AM 10- - 01MI111111111I NO FEE City Clerk 2008000489325 09:41am 10/23/08 City of Newport Beach 213 92 Nit I 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 CITY k G 0H "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 May 13, 2008. Said Contract set forth certain improvements, as follows: Coast Highway Sidewalk Morning Canyon to Seward Road (C -3965) Work on said Contract was completed, and was found to be acceptable on October 14. 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. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on (' /U.d(1 �s� c1�0� at Newport Beach, California. BY City Clerk • 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Coast Highway Sidewalk Morning Canyon to Seward Road (C -3965) Work on said Contract was completed, and was found to be acceptable on October 14, 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. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on l%C %S9 aoOV_, at Newport Beach, California. BY City Clerk BY THE Cm COUNCIL CRY OF NEWPORT BEAT OCT 14 2008 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 -644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: Coast Highway Sidewalk Morning Canyon to Seward Road — Completion and Acceptance of Contract No. 3965 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 May 13, 2008 the City Council authorized the award of the Coast Highway Sidewalk - Morning Canyon to Seaward Road project to Hillcrest Contracting. The contract provided for the installation of new sidewalk between Morning Canyon and Seward Road along the southbound side of Coast Highway. 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: $95,702.70 Actual amount of bid items constructed: $95,702.70 Total amount of change orders: $4,236.00 Final contract cost: $99,938.70 The final overall construction cost including two Change Orders was 3.6 percent over the original bid amount. The change orders were as follows: Coast Hwy. lk — Morning Canyon to Seward Rd. - Comple Acceptance of Contract No. 3965 October 14, 2008 Page 2 Change Order Description Amount 1 Construct retaining wall and replace curb $3,420.00 2 Remove and replace curb and gutter as directed $816.00 Total Project Change Orders $4,236.00 Schedule Summary Estimated completion date per June '07 Schedule: June 24, 2008 Project award for construction: April 22, 2008 Estimated completion date at award: July 1, 2008 Actual completion date: August 21, 2008 The project was substantially completed by the estimated completion date, however the additional pole and shade structure added several weeks to the project schedule. Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. 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 $99,938.70 Project Inspection- Project Partners $0,00.00 Miscellaneous $00.00 Total Project Cost $99,938.70 Funds for the construction contract were expended from the following accounts: Account Description PCH Relinquishment Account Number 7254- C2002005 Total Amount $99,938.70 $99,938.70 All work was completed by the scheduled completion date of August 21, 2008. Prepared by: Patrick Arcinieg Senior Civil Engi er Submitte by: Stephen G. Badum Public Works Director i • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:00 am on the 22nd day of April, 2008, at which time such bids shall be opened and read for EAST COAST HIGHWAY SIDEWALK IMPROVEMENTS SEWARD ROAD TO MORNING CANYON ROAD Contract No. 3965 $155,000 Engineer's Estimate Approved ,,4tep�rt u. isaaum Public 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 Patrick Arciniega, Project Manager at(949)644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httr)://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 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................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. in accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 471664 A Contractor's License No. & Classification HILLCREST CONTRACTING, INC. Bidder Authorized Slgnature/Title GLENN J. SALSBURY, PRESIDENT April 21, 2008 Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIREWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 BOND #08560235 PREMIUM NIL 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 AMOLTfj'1' ETD Dollars ($ 10X ), to be paid and forieded to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MASTER FORMAT. CONTRACT, Contract No.3965 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 faits 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 "Not cation 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 16TH day of HILLCREST CONTRACTING. INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety APRIL 2006. Authorized SignatuneMfls GL J. SALSBURY, PRESIDENT Authorized Agent Signature 801 N. BRAND BLVD., SUITE, PENTHOUSE GLENDALE, CA 91203 RICHARD A. COON /ATTORNEY -IN -FACT Address of Surety Print Name and Tide (818) 409 -2800 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 Best's Rating Center - Company Information for Fidelity and Depo Company ... Page 1 of 1 Rating Center � v,ov Beings-Elnandal Strength lsauer Credit Securities Advanced search r ®� Rating Methrocology How tD Get Rated Affiliation Code: g (Group) Industry Research Fidelity and Deposit Company of Maryland Ratings Defy R pins ' SQpf�I BIM1Y ROt4ps la m NiNr a coon Feii 5ene. GEIP) AtA.Bwts:%aN? NA101:39Jae FEINC 13,N4W77 Address: 1400 American lane Phone: 847. 605.6000 Press ReleasBS Schaumburg, IL60196 -1056 Fax: 847.60MOI1 Related PfO71Ufle 1 Web: wvnv.zehchnp.gpm Industry 8 Regional country RI•l Best's Ratings StruduredFireme Financial Strength Ratings yie}y.Definitioi_rs Rating: A (Excellent) How tD Get Rated Affiliation Code: g (Group) Financial Size Category: XV (E2 Billion or greater) Conrad an Analyst Y Outlook: Positive Action: Affirmed Effective Date: December 11, 2007 * Denotes Under Review Best's Ratings Olhw Web ce.lvn: r ° =r Issuer Credit Ratings View Defi_11itionS Long -Term: a« Outlook: Positive Action. Affirmed Date: December 11, 2007 Reports and News Visit our NewsRoom for the latest new and press rdeases for this company and its A.M. Best Group. AMB Credo Report - Insurance Professional (unabridged) (formerly known as Best's Company Report) - Includes Saws Flat f7rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Dam: 12111/2007 (represents the latest significant change). Historical Report are available In AMR Credit Reppa Insurance Professional fUnabrldgetlJAlx71lbs. Basrs Executive Summary Reports ( Financial Overview) - available in Three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity and reserve analysis. Dena Status: 2008 Best's Statement File - PIC, US. Contains data compiled as of 4 /21/2008 (Quality Cross Checked). k Bingle Company- five years of financial data specifically on this company. a Comparison - sideby-side financial analysis of this company with a peer group of up to five other companies you select. 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Glabal Best's Insurance Reports -PIC, US & Canada Best'S State Line - P /C, US BB 3I's_Inas ILra_nce Exomsal Exh b t fU1- P(C, US Beat's_ Regulatory Center Market Share Reports Bests Schedule P (Loss Reserves) - P /C, US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Pnvacv Policv I Security I Temps of Use I Legal & Licensing Copyright® 2608 A.M. Best Company. Inc. All rights reserved. A.M. Best WeEdwele Headquarters, Ambest Road, OMwick. New Jersey, OEM. U.SA. http: / /www3. ambest. com /rating s /Fu II Profile. asp ?B I =0 &AM B N um= 387&AItS rc =1... 04/22/2008 0 9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON Apr. 21. 2008 before me, Alice M. English, Notary Public , personally appeared Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing is true and correct. ALICE M. ENGLISH Witness my hand and official seal _ Commission # 1514998 -m Notary Public - California_ • Riverside County Alice M. English, Notary Pu MY Comm. Expires Oct 21,2908 OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: BIDDER'S BOND Document Date: Apr. 16, 2008 Number of Pages: ONE Signer(s) Other Than Named Above NONE Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual JR Corporate Officer —Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. CALIFORNIA ALL-PURPOSE 3' y' d' � w* el �' a' at "a" er a' a a - a' - N er' eY - 'ar -ahab ei a rl ry •.a/•yi" STATE OF CALIFORNIA County of Orange } On 04/16/08 before me, Lexie Sherwood. Notary Public Date Hem Insert Name anti Tille of the fficer personally appeared Richard A. Coon Names) of Signer(s) LEXIE SHERWOOD COMM. #1593951 ic g NOTARY PU31.1C• CAUFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2009 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 aea� Signature Place Notary Seal Above 51 nature or Not 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 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: Top of Number of Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: ®2W7 National Notary Assoclation 1 9350 De Soto Ave., P.Q Box 2402 • Chatsworth. CA 91313-2402- w ..NatlonalNotaryorg Item #5907 Reatlar: Cab Toll -Free 1- 806876.882] 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, i are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB T3641n a OOD, all of Anaheim, California, EACH its true and lawful agent and ��t�� 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 th ese prese l ° in o� as fully and amply, to all intents and purposes, as if they had been d ac n ularly elected officers of the Company at its office in Baltimore, Md., i�p 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 ° s by certify that the extract set forth on the reverse side hereof is a hue copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'gyp DtPOgi ttw �i State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND A) Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 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 Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16TH day of APRIL , 2008 Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 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 Number Description of Work %of T oJ ad l Bid Name: Address: ✓ - FPI iy 0, tartal r �9 j �cs�^ � • valr Phone: '71y- irl_gW7 State License Number. M.�01` Name- Address: vCxl� �j Address: 3 S�(C ✓ey�,i� 3 °�0 64w( ceeet/4*,-.4,tA Phone: State License Number: Name: Address: Phone: State License Number: HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title 6 GLENN J. SALSBURY, PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll 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 - VALLEY WIDE PARKS Project Description DIAMOND VALLEY LAKE PARKING LOT IMPROVEMENTS Approximate Construction Dates: From 0912007 To: 1212007 Agency Name DIAMOND VALLEY LAKE Contact Person Sam Goepp, General Manager Telephone (951) 489 -9234 Original Contract Amount 1,013,400 Final Contract Amount $ 1.163,015 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHARGE 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. 2 Project Name /Number Project Description NEWPORT BOULEVARD RIGHT TURN LANE RIGHT TURN LANE Approximate Construction Dates: From 0412007 To: 0912007 Agency Name CITY OF NEWPORT BEACH Contact Person Steve Luy, Project Engineer Telephoner9 ) 644 -3311 786,889 763,192 Original Contract Amount $ Final Contract Amount $ If final amount is different from orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO P Project Name/Number BUSINESS PARK & SAN MARCOS BOULEVARD Project Description STREET & ISLAND IMPROVEMENTS Approximate Construction Dates: From 03/2007 To: 0912007 Agency Name CITY OF VISTA Contact Person Tim Shell, Project Manager Telephone (76Q 726 -1340 Original Contract Amount $724,160 Final Contract Amount $ 810,366 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGE ORDER 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 ORCHARD HILLSIPOROLA PARKWAY Project Description ROADWAY IMPROVEMENTS Approximate Construction Dates: From 0112007 To: 1212007 Agency Name IRVINE COMMUNITY DEVELOPMENT COMPANY Contact Person Bill Martin, Project Manager Telephone (949) 464 -0856 Original Contract Amount $13,901, %nal Contract Amount $ 14,300.000 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGE ORDER Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project.Name/Number VARIOUS LOCATIONS - PERRIS Project Description ROADWAY CONSTRUCTION Approximate Construction Dates: From 0712007 To: 1212008 Agency Name BARRATT AMERICAN Contact Person Richard Sanchez, Proj. Eng. Telephone (769 809 -0584 Original Contract Amount $ 10,000,000 Finai Contract Amount $ 10,000,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 6 Project Name /Number n u ARCHIBALD /RIVER ROAD Project Description ROADWAY CONSTRUCTION Approximate Construction Dates: From 01/2007 Agency Name LENNAR HOMES To: 1112007 Contact Person Jory Blake, Project Manager Telephone (95' 830 -1605 Original Contract Amount $3,706,90%nal Contract Amount $ 5,370,617 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INTIATED CHANGE ORDER 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 informatipn sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. HILLCREST CONTRACTING, INC. Bidder 10 Authorized 5ignaturelTitle GLENN J. SALSBURY, PRESIDENT 9 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 WastelHealth 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 COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 NON - COLLUSION AFFIDAVIT State of California ) )SS. County of Riverside ) GLENN J. SALSBURY being first duly sworn, deposes and says that he or sf Ibis PRESIDENT of HILLCREST CONTR., INC. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder .or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid. price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or.to secure any advantage against the public body awarding the contract of anyone interested in the proposed "contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or Indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Calif omi at the foregoing is true and correct. HILLCREST CONTRACTING, INC. Bidder Authorized Signaturerritle GLENN J. SALSBURY, PRES. Subscribed and sworn to (or affirmed) before me on this 21stday of April 2008 by Alice M. English, Notary Public personally known to me or proved -t. 4:Ae -Gm thebaai&Df- SW1s1adocy- 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] @,My ALICE M. ENGLISH Commisslon # 1514998 Notary Public - California Riverside County Comm. Expires Oct 21, 2008 11 Notary Public Alice M. English, Notary Public My Commission Expires: 10/2112008 0 0 CITY OF NEWPORT BEACH _ PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 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 Yearof 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. 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. Legal Business Name of Bidder HILLCREST CONTRACTING, INC. Business Address: 1467 Circle City Drive, Corona, CA 92879 -1668 Business Tel. No.: 961/273 -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 Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title GLENN J. SALSBURY 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 0 9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On Apr. 21, 2008 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury and Einer G. Lindholm who proved to me on the basis of satisfactory evidence to be the erp sons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized ca acities, and that by their signatures on the instrument the ern sons or entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal ALICE M. ENGLISH Commission # 1514998 Notary Public - California i / /� �! i�EZ..!" i i `._� •... Riverside County [ Alice M. English, Notary P�lic 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: AUTHORITY TO SIGN BID PROPOSAL FOR CORPORATION Document Date: Apr. 21, 2008 No. Of Pages: ONE Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: GLENN J. SALSBURY & EINER G. LINDHOLM ❑ Individual la Corporate Officer — Title(s): President & Vice President/Secretary ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer's are Representing: HILLCREST CONTRACTING, INC. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 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: I Addendum No. I Date Received I Signature I iF • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 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: 02126/1985 Expiration Date: 04130/2009 List the name and title /position of the person(x) who inspected for your firm the site of the work proposed in these contract documents: Glenn J. Salsbury, President 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. /SEC. Address Telephone 1467 Cir. City Dr., Corona, CA 92879 -1668 9511273 -9600 Corporation organized under the laws of the State of California 16 T 0 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; Briefly summarize the parties' claims and defenses; NIA Have you ever had a contract terminated by the owner /agency? if so, explain. Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labol 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 10 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. HILLCREST CONTRACTING, INC. Bidder GLENN J.SALSBURY (Print name of Owner or President of Corporat* nlcompany) Authorized Signature/Title PRESIDENT Title April 21, 2008 Date On April 21, 2008 before me, Alice M. English Notary Public, personally appeared Glenn J. Salsbury , who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) isle subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /tt@~r authorized capacity(!*# and that by his/hemftbetr signature(ft) on the instrument the person(a), 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. e "�C� °� (SEAL) Notary Public in and for said Silite My Commission Expires: 1012112008 18 ALICE M. ENGLISH Commission # 1514998 Nofory Public . California Riverside County ® 6MY Comm. Expires Oct 21, 2008 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 CONTRACT THIS AGREEMENT, entered into this &Aday o 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Hillcr st 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: COAST HIGHWAY SIDEWALK ( SEWARD ROAD TO MORNING CANYON ROAD) "The work necessary for the completion of this contract consists of removing existing sidewalk, curb and gutter, root removal /pruning, and construction of new PCC sidewalk, PCC curb, PCC access ramps, installing new tree root barriers per City standards, pavement delineation, plant establishment, and other incidental items of work." 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. 3965, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents,as being necessary to produce the intended results. 20 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 Ninety -Five Thousand, Seven Hundred Two and 70/100 Dollars ($95,702.70). 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: Patrick Arciniega (949) 644-3347 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 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 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 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: $2,000,000.00 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. 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. G) 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 • 9 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. 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 a 9 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 FOR ri' —C AA ON C. HARP Assistant City Attorney 25 HILLCREST CONTRACTING, INC. By: (Corporate Officer) Title: Glenn I. Salsbary- President Print Name: Bye (Financial Officer) Title Einer G. Lindholm- V.P. /Secretary Print Name: E%FCUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 BOND NO. 7599988 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 898.00 , being at the rate of $ 9.38 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal ", a contract for construction COAST HIGHWAY — SEWARD ROAD TO MORNING CANYON ROAD, Contract No. 3965 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. 3965 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety -Five Thousand, Seven Hundred Two and 70/100 Dollars ($95,702.70) 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, M officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 . 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be Included costs and reasonable expenses and fees, Including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1ST day of MAY 2008. Glenn J. Salsbury- 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 Authorized Agent RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE 0 On 5 -1 -08 before me, JAN C. MORAN, NOTARY PUBLIC Oats Here Insert Name arkd Me of ft Otfcer personally appeared RICHARD A. COON Name(s) of Signers) 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 halshe/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN C. MORAN 0 VIM' 11789349 1 certify under PENALTY OF PERJURY under the laws • NOTARY PUBLIC - CALIFORNIA Q of the State of California that the foregoing paragraph is ORANGE COUNT' 0 fe9n9 P 9 P COMM. EXPIRES FEB. 17. 2012 true and correct. WITNESS my hand and official seal. PlawNman' Seal nbm Signature N./ C•—kAdmi SgnaNra of Notary 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer — Title(s): 4 ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGH7iHUC16PRIN1' Or SIGNER 0 Signer's Name: • Individual • Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: n1GH7THm'BRRIH7 OF SIGNER 0 n:`✓.ttv.y ys`4s�:v:gz ':s( �cr5`✓ <� ✓C ✓<CiNCV:.•� <�::V <�+z .a «vays<v ,c<Kraxrt. : L•,,• C: �: vtv<: e., n:�cattrA.r «�sv:^•cw<:/tte(<4vttM •, :i1 : 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON May 5, 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 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 is true and correct. WITNESS my h an official seal. f MICHEL E~SANTIAGO COMM. # 1703618 z Z NOTARY PUBLIC - CALIFORNIAN RIVERSIDE COUNTY2010 I 1,4y Comm. Fxpires Nov. 6, AAinhollo Con4in n4 ni i lin 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: May 1, 2008 Number of Pages: One Signer(s) Other Than Named Above FIDELITY & DEPOSIT COMPANY Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer — Title(s): President ❑ Partner - 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ner 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 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 y nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB OOD, all of Anaheim, California, EACH its true and lawful agent and �Meeulfiion d deliver, for, and on its behalf as surety, and as its act and deed: any an n f suc h bonds or undertakings in pursuance of these prese I ° n as fully and amply, to all intents and purposes, as if they had been d ac h ularly elected officers of the Company at its office in Baltimore, Md.,' p er 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 v s4"by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: ' *p ocvos�i w a awn State of Maryland i ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND N___ '),' Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 'Ognnar0` POA -F 012.4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article Vl, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 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 V1, 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 TESTTMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1ST day of MAY , 2008 l Assistant Serretary EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY SIDEWALK SEWARD ROAD TO MORNING CANYON ROAD CONTRACT NO. 3965 BOND NO. 7599988 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal," a contract for construction of COAST HIGHWAY SIDEWALK — SEWARD ROAD TO MORNING CANYON, Contract No. 3965 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. 3965 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 taws 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 Ninety -Five Thousand, Seven Hundred Two and 701100 Dollars ($95,702.70) 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 severalty, 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 or 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 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an Individual, It is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1ST day of MAY 2008. Glenn J. Salsbilry- 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 Authorized Agent RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 10 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :.�•,.:�tc. ;s�,ar,3�%J>.: Y.a>,arr�... >,:�r,av'!-ai T<.�C':i.� V.:Y. @fai>. �L:.a.*�r,. � �us.<�nq.or;aS�= i >•,L.3 ^.,�r,_�,i..aN.�>,:�:, �..�>r a �cv%�Gaj�r.�, State of California County of ORANGE On 5 -1 -08 before me, JAN C. MORAN NOTARY PUBLIC Dale Here Insert Name and Twe of the Officer personally appeared RICHARD A. COON "a"(s) Of SVW(S) Tom-° JAN C. MORAN 0 (� w COMM. n 1789349 NOTARY PUBLIC ; • CALIFORNIA ORANGE COUNTY 0 COMM. EXPIRES FEB. 17, 2012 'r Place Notary seal Above 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 /sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/herAheir 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 �LGn✓C•✓Ww"l ) Slgnawre d Notary Pum 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 ADrm 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 O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHTTHUH71PRINTI OF SIGNER LNj Number of Pages: Signer's Nal ❑ Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGFIT THUMBPRINT OF SI GNHR 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON May 5, 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 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 is true and correct. WITNESS my held and official seal. MICHELLE SANTIAGO I COMM, # 1703618 z Z' r' NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY Michelle San ag Not ry ublic My Comm. Expires Nov.6, 2010 .:r- aunamav�,v�e�m, 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: May 1, 2008 Number of Pages: One Signer(s) Other Than Named Above FIDELITY & DEPOSIT COMPANY Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual ❑ Corporate Officer —Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Hillcrest Inc 0 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, i are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the datq a by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L, CULB \ e . DOD, 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 thes 1 ° in as fully and amply, to all intents and purposes, as if they had been dtaa h ularly elected officers of the Company at its office in Baltimore, Md., i� ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2105. The said Assistant s by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: 'yu otvos,� O = J n1 State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary 1, By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. , •v %.iaA \ � „11111111 \ \\ POA -F 012 -4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 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 I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1ST day of MAY 2008 Assistant Secretary • • ACORU CERTIFICATE OF LIABILITY INSURANCE OP ID LO DATE(MWDDIYYYY) HILLC -1 05/19/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO - .. —.._ - - -__.. -. _.. — __ —._. . —.. RISK WUU, LTR NSR TYPE OF INSURANCE I POLICY NUMBER PDATEYMMIDDTYY DATE MWDDNY) LIMITS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Arroyo /Knauf Ins. Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 41498 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 3300 Newport Beach, Blvd. EACH OCCURRENCE Los Angeles CA 90041 -0498 Phone: 323- 550 -7900 Fax:323- 256 -0800 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER ivtaxstate Fire a Casualty Co. 22829 INSURER B First National Insurance 24724 Hillcrest Contracting, Inc. P.O. Box 1896 INSURER Ivtexstate Fire E Casualt Co. F 22829 INSURER D. 1467 Circle City Drive Corona CA 92879 -1898 - -- - INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - .. —.._ - - -__.. -. _.. — __ —._. . —.. RISK WUU, LTR NSR TYPE OF INSURANCE I POLICY NUMBER PDATEYMMIDDTYY DATE MWDDNY) LIMITS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT LL City of Newport Beach GENERAL LIABILITY Public Works Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 3300 Newport Beach, Blvd. EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY SGLIOOIO03 01/31/08 01/31/09 PREMISES (Ea ocwmnce) $50,000• CLAIMS MADE O OCCUR MED EXP (Anyone Person) so X XCU /CONTRACTUAL BROAD FORM PERSONAL S ADV INJURY $1,000,000 X120,000 DED BI —PD GENERAL AGGREGATE E2,000,000 PRIE1f13tY NON-CIXiTRIBUTORY GEN'L AGGREGATE LIMB APPLIES PER PRODUCTS � COMPIOP AGO s2,000,000 POLICY X PR LOC B X AUTOMOBILE X LIABILITY ANY AUTO 25CCO0262350 12/19/07 12/19/08 COMBINED SINGLE LIMIT (Ea axident) $ 1,000,000 BODLY IWURV (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par accitlent) $ HIRED AUTOS NON -OWNED AUTOS • PROPERTY DAMAGE Feracaden) $ Blkt Waiver And SAFECO AUTO PLUS FCRM CA71100307 12/19/07 12/19/08 • _ Blkt AddIl Insd GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANYAUTO S * 10 DAYS NONPAY AUTO ONLY, AGG EXCESSAIMBRELIALIABILITY EACH OCCURRENCE E4,000,000 C X OCCUR IDCLAIMSMADE PFX1004036 01/31/08 01/31/09 AGGREGATE $4,000,000 E $ DEDUCTIBLE $ RETENTION $NIL WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIEORIPARTNERIEXECURVE W IS=CR NAICM 35076 TORY LIMITS I ER EL EACH ACCIDENT $ E.L. DISEASE EA EMPLOYE S ORFICERIMEMBER EXCLUDED? If yes, describe urvJe, SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT IS OTHER A GL Blkt Add 11 Insd CG20101185, 01/31/08 01/31/09 A Blkt Waiver form CG24041093 DESCRIPTION OF OPERATIONS I LOCATIONS! 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 dWARM00001MUL 30* DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT LL 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 RRE REP TATIVE /� Newport Beach CA 92658 ACORD 25 (2001108) © ACORD CORPORATION 1988 0 0 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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 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. CG 24 0410 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. effective Policy No. 12:01 A.M. standard time SGL1001003 [Endorsement amed Insured Countersipned by Hillcrest Contractinn Inc --°� � '�����"�� (Autionzed Representative) SCHEDULE Name of Perron or Organization: Any person or organization when you and such person or organization have agreed In writing In 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 Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products- completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. GL 575 (1 o-sa) CG 24 04 10 93elw.APS Copyright, lreuranw Services Office, Inc.. 1992 Page 1 of t AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR AUTOMATIC STATUS ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract" with you, paragraph a. Primary Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended by adding the following paragraph: Not withstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contributory insurance, but only as respects "bodily injury' or "property damage" liability arising out of "your work" performed after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non - contributory insurance and to include such person or organization as an additional insured thereunder. All other terms and conditions of this policy remain unchanged. ICB -8007 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 multifamily housing and/or residential condominium faei lily is excluded. This description does not include "your work" within the boundaries of, or below, what is or wi II become any public street, roadway or right of way or easements. l "his insurance does not apply to "bodily injury'. "property damage', "personal injury" or" advertising i-'ury" arising out of: I. Any operations or work shown in the above schedule. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. S A F E C a ADDITIONAL INSURED CA 7135 12 93 This endorsement modities 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 eUedtve Named Insured HILLCREST CONTRACTING INC. Coumtersipmedby (AuOtortzed Representative) Schedule Name of Person or OrganWbr: PER SCHEDULE ON FILE WITH COMPANY Address: "Jura: $ INCL Of no coy appears •above, Informatlon iequi ed'to C0MPWe this pxdors FW -will be shown In the Declaratlons as epp6ceble to this endorsement) A Under LIABILITY COVERAGE WHO IS AW INSURED Is changed to ineitde es to "hwred" the petsan(s) or organizations) shown In the Schedule, but only with respect to "bodily Injury" or "property damage" raukfng from the acts or omissions. of 1. You; 2. Any of your employees or agents: 3. Any person, except the additional Insured or any employee or agent Other additional Insured, operating a Conrad "auto" with the permission of any of the above. IL The insurance afforded by this endorsement does not apply. To "bodily injury' or "properly damage" ad*g out of the sole negligence of the person(s) or organintlon(s) shown in the Schedule. CA 7136 12 93 Page 1 a, 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. S A F E C Cr WAIVER OF TRANSFER RIGHTS CA 71301283 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 (Authorized Representative) SCHEDULE Name of Persoo of Organmew PER SCHEDULE ON FILE WITH COMPANY (If no entry appears above, information required to complete this endorsement will be show In the Declarations as applicable to this endorsement). We wale any right 01 recovery we may have against the person or orgentzatlan shown In the Schedule because of payments we male to them or on thee behsN for in)ury or damages arising out of your contract with that person or organizavort. The waiver applies only to the person or organization shown In the Scheduk Premium: $ INCL CA 713412 93 cuws+Mwomcossasr • Insurance 0 ' °' REPRINTED FROM THE FORMS LIBRARY • "' • COMMERCIAL AUTO 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 Safeco and the Safeco logo ae reptered dadwaft of Safeco Capwalion CA 71 10 03 07 Page I of 6 EP • "•' REORINTEDFROM THE FORMS LIBRARY—* • (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: A. SECTION 111 — PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, AA. 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 — AA.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 51,500 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 III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of retuming 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: 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; Page 2 of 6 • "" REPRINTED FROM THE FORMS LIBRARY"" • c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen not including any furnishings, parts or equip- property as of the time of the loss ", less an ment not installed by the manufacturer or adjustment for depreciation and physical manufacturer's dealership. condition; or 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- ble 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 LOAN/LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: 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 "total 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 notity us of an OA 71 10 03 07 Page 3 of 6 EP • "" REPRINTEOFROM THE FORMS LIBRARY ^' - • "accident" applies only when the "accident" is known deductible and excess provisions, we will provide to: coverage equal to the broadest coverage applicable (1) You, if you are an individual; to any covered "auto" you own. (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, HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.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 loss" 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 • "" REPRINTED FROM THE FORMS LIBRARY... • Rental Reimbursement CA 99 23. Coverage Form 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.1. 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 "" REPRINTED FROM THE FORMS LISRFRY ^^ • 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 ARROYO INSURANCE SERVICES Date: January 31, 2008 Certificate Holder Address, City and State: As Shown on Acord Certificate of Insurance RE: Hillcrest Contracting, Inc. insuring Company: Interstate Fin and Casualty Company General Liability Policy Number: SGL1001003 policy Term: 0113112008 to 01/31/2009 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/Knauf Insurance Services Will advise the Certificate Holder and NOT The Responsibility of Interstate Fire and Casualty Company. Very truly yours 2900 Wcs[ Broadway, P.O. Box 41498, Las Angeles, California 90041 -0598 323/550 -7900 818/240 -6262 Fax 323/256-0800 w .anr yoins.com CA License *0735912 Fax #: 0 9 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: May 19, 2008 Dept. /Contact Received From: Shauna Oyler Date Completed: May 21, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen Company /Person required to have certificate: Hillcrest Contracting, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Interstate Fire & Casualty Co. B. AM BEST RATING (A: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $2 Mil agg / $1 Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? 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) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in Califomia? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): $1 Mil What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ® Yes ❑ No officers, officials, employees and volunteers): Is it included? 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. Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: NOTLISTED B. AM BEST RATING (A: VII or greater): N/A C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WORK COMP: Limits and waiver of subrogation not included. California Business Search. • Page 1 of 1 DISCLAIMER: The information displayed here is current as of APR 18, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation HILLCREST CONTRACTING, INC. Number: C1269023 Date Filed: 2/25/1985 Status: active Jurisdiction: California Address P.O. BOX 1898 CORONA, CA 91718 -1898 Agent for Service of Process GLENN J. SALSBURY 1467 CIRCLE CITY DRIVE 11CORONA, CA 91719 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. hftp://kepler.ss.ca.gov/corpdata/ShowAlILI - st?QueryCorpN u tuber =C 1269023 &pri... 04/22/2008 Check A License: Contractoi-61-icense Detail • Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility arcr Department of Consumer Affairs ••• ' 0,C170V Contractors State U. e oard NOW It 1111lhtl.itl Fl tltlkfTIM.U. }ltl4 }Ili1lU IIfIiIIj[I:HI �JtEl�l� III.4110111fll f•iDi:�l��dlAlk 11111111I11111 ItSO,. awr�lyyf , �ottM.utwr.` NBt.rt�M' �7EitVN. CSLB Newsroom Board and Committee Meetings Disaster Information Center CSLB Library Frequently Asked Questions Online Services • Check A License or HIS Registration • Filing a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate DISCLAIMER: A license status check provides information taken from tht CSLB license database. Before relying on this information, you should be aws the following limitations. • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt complaint disclosure, a link for complaint disclosure will appear below. Click on the link a to obtain complaint and/or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are dis • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Due to workload, there may be relevant information that has not yet been entered onto it Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: 471664 HILLCREST CONTRACTING INC P O BOX 1898 CORONA, CA 92878 -1898 Business Phone Number: (909) 273 -9600 Corporation ... 04/04/1985 Extract Date: 04122/2( 04/30/2009 .., This Vicense is current and active. All information below should b, reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 06560240 in the amoi $12,500 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/01!2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer (RMO) GLENN JASON SALSBURY certified that he/she owns 10 percent or more of voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 04104/1985 hftp: / /www2.cslb.ca.gov /General - Information /interactive - tools /check -a- license /Li... 04/22/2008 Check A License: ContractobLicense Detail • Page 2 of 2 Workers' This license has workers compensation insurance with the Compensation: STATE COMPENSATION INSURANCE FUND Policy Number: 713 - 0006691 Effective Date: 1211912000 Expire Date: 10/01/2008 Workers Compensation History Consumers I Contractors I Applicants I Journeymen Public Works I Building Officials I General Info CSLB Home I Conditions of Use Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2.csl b. ca.gov/ General - Information /interactive -too Is /check -a- license /Li... 04/22/2008 Encompass Detail Acct. Type: Business Tax License #: BT97020321 Bus. ID: 0020085 Name: ICLCREST CONTRACTING Owner HILLCREST CONTRACTING Name: INC Owner C Type: Exp. Date: 5/3112008 S Addy: 1467 CIRCLE CITY DR S Addy 2: Addr3: CORONA CA Zip: 92879 B Addr1: P O BOX 1898 B Addr2: B Addr3: CORONA, CA B Zip: 92878 -1898 Phone: 909-273-9600 FEIN: 330084251 SEIN: 471664 Established: 6/111997 SIC: 8711 - ENGINEERING SVCS Owner #: 0020085 # of Emps: 1 usr1: 87382 usr2: BT97020321 usr3: usr4: usr5: usr6: usr7: V; 7FFFIJM�. � r"6ftJ 91 Docume... I 2 Mkr.,. 2 Per... ' * 2 Inte...- F-WV2 1- . i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL EAST COAST HIGHWAY SIDEWALK IMPROVEMENTS Seaward Road to Morning Canyon Road CONTRACT NO. C 3965 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3065 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 Lump Sum Mobilization @ /U/VG fde Dollars and 9111�e!_d Cents $ aDap, Per Lump Sum 2. Lump Sum Traffic Control & Pavement Striping @ _Dollars o Cents $ C7560. 65 Per Lump Sum 3. Lump Sum Surveying Services 7*W*'J9 Dollars and -9694 Cents $ 3cw,ao Per Lump Sum 4. Lump Sum Clear and Grub & Grading @T ;�1 Dollars and p 2'f�W Cents $ %--Zoy ce Per Lump Sum • 0 PR2of3' ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 50 L.F. Remove PCC Curb & Gutter @ 1 Dollars and Ro Cents $ /Z.ay $ &do. ey-,) Per Linear Foot 6. 230 S.F. Remove PCC Sidewalk & Retaining Curb @ Two Dollars and SA-XT Y Cents $ ,Z, 60 $ 59r. 0 Per Square Foot 7. 4,561 S.F. Construct 4-in Thick PCC Sidewalk @ Ttta,15761 Dollars and S v�6� Cents $ 3.710 $ /Ia$7s, 76 Per Square Foa 8. 7 Each Prune Tree Root and Install Root Barrier i=on /►dao L @ _ LA7Y=a/6- Dollars and e Cents $ $ 3LSs,JO Per Each 9. 5 Each Construct PCC Curb Access Ramp with Retaining Curb @ Dollars and Cents $ 14,0.60 $ f zSV. do Per Each 10. 42 L.F. Construct Concrete Block Slough Wall @_ d!�%�iy Srx Dollars and 46910 Cents $ 9+0• $ 4vmoo Per Linear Foot 11. 93 L.F. Construct Type "B" PCC Retaining Curb Dollars and iwneo Cents $ zcwo $ /$(oD.dD Per Linear Foot PR3of' ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. Lump Sum Repair Landscaping to Pre - Construction Conditions Srkry .vtral:. @ /il.✓Ox EYE Dollars and o Cents Per Lump Sum 13: 4 Each Relocate Sign and Post �+?ffr Dollars and Cents Per Each 14. Lump Sum As Builts @ &Yf9 Y /AW*VW Dollars and ;e" Cents Per Lump Sum GRAND TOTAL PRICE IN WRITTEN WORDS and April 21, 2008 Date 9511273 -9600 9511273 -9608 Bidder's Telephone and Fax Numbers 471664 A Bidder's License No(s). and Classification(s) $ h'$.4 $ (Ogao.an $ Zm ao $ Yan•Cso $ o -y Grand Total Price (Figures) HILLCREST CONTRACTING, INC. Bidder Bidder's Authorized Signature and Title GLENN J. SALSBURY, PRESIDENT 1467 Circle City Drive, Corona, CA 92879 -1668 Bidder's Address Bidder's Email Address: _glenn @hilicrestcontracting.com JA311.02.08WM''apec¢1prOpMs 9$%4= 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COAST HIGHWAY SIDEWALK — SEAWARD RD. TO MORNING CANYON RD. CONTRACT NO. 3965 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4-1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-1 LOCATION 3 5-2 PROTECTION 3 5-7 ADJUSTMENTS TO GRADE 3 5-8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 0 0 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.5 Finishing 13 303 -5.5.2 Curb 13 303 -5.5.4 Gutter 13 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308 -1 GENERAL 14 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 15 SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 310 -5.6.8 Application of Paint 15 APPENDIX Last saved by mlocey03 /21 /2008 11:42 AM f \users\pbw\shared\contracts \f' 07 -08 \coast hwy sidewalk - morning cyn to seaward c- 3965\specs index c-3965.doc 0 0 SP CITY OF NEWPORT BEACH U-Ikw PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS �3i -oq EAST COAST HIGHWAY SIDEWALK IMPROVEMENTS CONTRACT NO. C 3965 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5937 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2006 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 existing sidewalk, curb and gutter, root removal /pruning, and construction of new PCC sidewalk, PCC curb, PCC access ramps, installing new tree root barriers per City standards, pavement delineation, plant establishment, and other incidental items of work." 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 was Coast Surveying and can be contacted at (714) 918 -6266. 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 48- hours in advance of any work. Prior to any demolition work, the Contractor shall SP2OF15 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." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements SP3OF15 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 P paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings by a method that does not damage existing surfaces." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T Telephone, Time Warner cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City s Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." SP4OF15 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 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 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 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 24"', (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 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 • • SP5OF15 reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specked in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time 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. 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." • • SP6OF15 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.citv.newport- beach. ca. us/pubworks/links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuuming 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. i. Street sweeping. 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." • • SP 7 OF 15 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 for each street and sidewalk. 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 plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractors responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. Type II barricades shall be located at the beginning and end of each individual closed sidewalk area from time of removal until placement of backfill and final cure of the sidewalk. 6. On East Coast Highway, the lane nearest the median on ECH shall be open at all times. A lane closure nearest the construction area is allowed only between 8:30 a.m. to 4:00 p.m. on ECH. For any proposed lane closures, a Traffic Control Plan will need to be submitted for review and approval by the City. Note, Coast Highway is owned by the City of Newport Beach and NO Caltrans permit is required for this work." 0 7 -10.4 Safety • SP8OF15 7 -10.41 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City s Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. 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. SP9OF15 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" or "C-8" License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS / AS -BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, demobilization, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control and Pavement Striping: Work under this item shall include delivering all required notifications and temporary parking permits, post 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, flag persons. 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. • 0 SP 10 OF 15 Work under this item will also include installing all new pavement striping and markings per plan and specifications including temporary striping, and all other work items as required for performing the work complete in place. Item No. 3 Surveying Services: Work under this item shall include providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records/record of survey with the County of Orange if required. Item No. 4 Clear and Grub and Grading: Work under this item shall include removing all brush, vegetation and roots and other objectionable material as directed by the Engineer from the construction area, grading of the project area for the new improvements, and all other work items as required for performing the work complete in place. Item No. 5 Remove PCC Curb & Gutter: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. curbs and gutter and all other work items as required for performing the work complete and in place. Curbs and gutter shall be sawcut at the near joint. Item No. 6 Remove PCC Sidewalk and Retaining Curb: Work under this item shall include sawcutting, removing, and disposing of the existing P.C.C. sidewalk and retaining curbs and all other work items as required for performing the work complete and in place. Item No. 7 Construct 4 -in Thick PCC Sidewalk: Work under this item shall include grading, subgrade compaction, constructing P.G.C. sidewalk, adjusting pullboxes to grade and all other work items required for performing the work complete and in place. Work under this item will also include furnishing and installing the PVC irrigation crossover sleeves under the sidewalk. Item No. 8 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal, providing and installing root barriers per Section 308- 1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 9 Construct PCC Curb Access Ramp: Work under this item shall include removing existing improvements, grading, subgrade compaction and constructing P.C.C. Curb Access Ramp and retaining curb, per plan, including detectable warning surfaces, and all other work items as required to complete the work in place. Item No. 10 Construct Concrete Block Slough Wall: Work under this item shall include removing existing improvements, grading, subgrade compaction and • 0 SP 11 OF 15 constructing the concrete block wall, and all other work items as required to complete the work in place. Item No. 11 Construct Type "B" P.C.C. Retaining Curb: Work under this item shall include compacting subgrade, constructing Type "B" P.C.C. Curb per City Standard STD - 182 -L, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 12 Repair Landscaping to Pre - Construction Conditions: Work under this item shall include re- grading, replacing planting and /or turf, repairing and /or replacing irrigation systems impacted by construction of the improvements. Landscaping shall be repaired to the satisfaction of the Engineer. Plant establishment period shall be for a period of sixty (60) calendar days. Item No. 13 Relocate Sign and Post: Work under this item shall include removing, storing, reinstalling sign per City Standard STD -915 -L and the Special Provisions and all other work items as required to complete the work in place. Item No. 14 The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C -3250, Type V." 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 A615 with 2 -inch minimum cover unless shown otherwise on the plans." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 12 OF 15 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at hftp://www.city.newport-beach.ca.usIGSV/Hauler%2OListl.l)d f 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 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. • SP 13 OF 15 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: Curb access ramps, sidewalk, curb and gutter shall be reconstructed and open for use within five calendar workdays after commencement of their removal. All curb and gutter shall be constructed on the top 10 inches of 95 percent relative compacted subgrade. 3. Reconstructed sidewalk and curb access ramps shall be opened to public use on the day following concrete placement. 4. All forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed within 72 hours following concrete placement. 5. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours or reconstructed work. 6. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has cured to a minimum strength of 3,000 psi. The Contractor shall detour traffic around such work until the work is ready for public use." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" 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." 1] • SP 14 OF 15 SECTION 308- -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning, and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Soecifcations: 0 SP 15 OF 15 a. Install root barrier panels with the length of each root pruning cut at a minimal of 24" below grade for sidewalks and 26" for curbs. b. The product shall be a minimal of 0.085 thickness and material of polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacturer's specifications." 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT. Replace the second sentence of the fifth paragraph with: "The plant establishment period shall be for a period of 60 calendar days and shall be extended by the Engineer if the planted areas are improperly maintained, appreciable plant replacement is required, or other corrective work becomes necessary." SECTION 310 -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.8 Application of Paint. Add to this section: 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 expect 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, TWO 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 the work area, he shall re- stripe /replace such work items at no cost to the City. J: 1311 .02.081Docs\SpecsISPECS95 %.doc APPENDIX b NOTES MAX SLOPE 310 —AV 17V (520 —A -2500) A B 0 TO 150 mm 50 mm (0 TO 6 ") (2 ") 151 TO 400 mm 100 mm (6" TO 16 ") (4 ") 410 TO 1200 mm 150 mm (17" TO 48 ") (6 ") 1. MAX HEIGHT OF WALL IS 3 COURSES OF 200 mm (8 ") HIGH BLOCK. 1 NO UVE —LOAD SURCHARGE SHALL BE ALLOWED ON RETAINED SOIL. 3. POUR FOOTING AGAINST UNDISTURBED EARTH. 4. TOP OF FOOTING MAY BE PLACED AT SAME GRADE AS STREET IF STREET GRADE IS UNIFORM AND 5% MAX. 5. PLACE CONCRETE BLOCKS IMMEDIATELY AFTER POURING THE FOOTING. FILL ALL CELLS SOLID WITH GROUT AND ROD SO THAT GROUT IS MONOLITHIC WITH FOOTING. 6. IN FIRST COURSE ABOVE FINISHED GRADE, OMIT MORTAR FROM VERTICAL JOINTS EACH 800 mm (32 ") TO SERVE AS WEEP HOLES. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION vnouu�oA,EO w n1c qq�� STANMETRICPLAN � ""°"15 �'" "°°"`g "` CONCRETE BLOCK SLOUGH WALL 1123 622 -2 mv. 1Ift 300.5 JSE WTH STANDARD SPECIFICA11ONS FOR PUBLIC WORKS CONSTRUCMN SHEET 1 OF svnHEcr YCOUNCL ORY OF NEWPORT WACH • 40 C- IK (301ico 200) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 -644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: Coast Highway Sidewalk — Morning Canyon to Seaward Road - Award of Contract No. 3965 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3965 to Hillcrest Contracting for the Total Bid Price of $95,702.70, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $15,000 (15 %) to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on April 22, 2008, the City Clerk opened and read the following bids for this project: BIDDER Low Hillcrest Contracting 2 Nobest Inc. 3 Olivas Valdez Inc. 4 Dreambuilder 5 Peterson -Chase General Engineering 6 EliteBobcat Services, Inc. 7 Damon Construction, Co. 8 ACR Concrete & Asphalt TOTAL BID AMOUNT $95,702.70 $97,000.00 $119,643.60 $120,061.00 $124,933.00 $129,974.00 $138,006.70 $146,432.75 * Corrected Bid Amount The low total bid amount is 38.3% percent below the Engineer's Estimate of $155,000.00. Because of the downturn in the construction industry, contractor pricing is becoming very aggressive as reflected in the low bid of $3.70 per square foot as compared to approximately $5.75 per square foot last year. The low bidder, Hillcrest Contracting, possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities including several projects for the City of Newport Beach. In October of 2006, the Shore Cliffs Property Owners Association wrote a letter urging the City to provide a sidewalk between Seaward Road and Morning Canyon Road along the southbound side of Coast Highway. The reasons stated for this request were safety • Coast Highway Sidewalk- Morning Canyon to Seaw3lSRoad — Award of Contract No. 3965 May 13, 2008 Page: 2 concerns for the many pedestrians that routinely walk, jog, and bicycle along Coast Highway to Crystal Cove and State beaches. Staff agreed that completing this sidewalk would increase the safety of pedestrians along this stretch of highway. The City Council approved a FY07 -08 Capital Improvement Program project using the Pacific Coast Highway Relinquishment Reserve fund to construct this sidewalk. Pursuant to the Contract Specifications, the Contractor will have 30 consecutive working days to complete the work from the Notice to Proceed. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Implementing Guidelines. This exemption covers the infill developments within urbanized areas. 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 will be 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: Geotechnical, material testing, and survey services are included within the construction contract and will not be required for this project. Funding Availability: Because there is a potential for greater unknown interferences, staff is recommending a higher contingency of 15% for this project. There are sufficient funds available in the following account for the project: Account Description PCH Relinquishment Proposed uses are as follows: Vendor Hillcrest Contracting Hillcrest Contracting Pre d by: Patrick Arcinie Senior CEn ter Attachments: Project Location Map Account Number Amount 7254- C2002005 $ 110,702.70 Total: $ 110,702.70 Purpose Amount Construction Contract $ $95,702.70 Construction Contingency $ 15,000.00 Total: $ 110,702.70 Submitted by: Badum s Director LOCATION MAP �oe" �_ SHORECREST LN. �Q �Q /1 E. COAST HWY. NEW SIDEWALK SEAWARD 47 O� 1 z J 20 SO E. COAST HWY SIDEWALK SEAWARD ROAD TO MORNING CANYON ROAD C -3965