Loading...
HomeMy WebLinkAboutC-4627 - Peninsula Point Alley ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERIC Leilani I. Brown, MMC January 21, 2014 Hillcrest Contracting Inc. 1467 Circle Drive Corona, CA 92879 Subject: Peninsula Point Alley Replacement — C-4627 Dear Hillcrest Contracting, Inc.: On January 8, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the January 16, 2013. Reference No. 2013000032996 Fidelity and Deposit Company of Maryland and Enclosed is the Faithful Performance Bond. SincerellAy',I b -x Y Leilani I. Brown, MMC City Clerk Enclosure Orange County Recorder on The Surety for the contract is the bond number is 7628149. 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 . Fax: (949) 644-3039 • www.newportbeachca.gov EXECUTED IN TWO COUNTERPARTS City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 BOND NO. 7628149 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9.394.00 being at the rate of $ $8.25/$6.06/$5.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal", a contract for construction of PENINSULA POINT ALLEY REPLACEMENT, Contract No. 4627 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. 4627 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 MARY AND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety°), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, Six Hundred Seventeen Thousand, Three Hundred Thirty - Five and 00/100 Dollars ($1,617,336.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements In the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and In all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond-, otherwise this obligation shall become null and void. 29 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 shag 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 specification. 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 duty executed by the Principal and Surety above named, on the 6TH day of MAxcH , 2(1,2:'7 Glenn J. Salsbury -President Hillcrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMFAU OF MARYLAND Name of Surety —Authort�.-r2-M C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety 213-270-0600 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name arab Title wi AND SURETY MUST BE CALIFORNIAALL-PURPOSE"• "off ..y _ i STATE OF CALIFORNIA County of Orange On 3-06-12 before me, Lexie Sherwood Notary Public Date Here been Name and Title of the Officer personally appeared Charles L. Flake Name(a) of Signer(e) LEXIC S`ri RVV\'O00 wJ. C06q :i. �`t 35G'J89 NOTAWPUMIC �Cfi.DPOaNIA n .fy^' ORANGECOUNTY Comm. Exp. JULY,. 2013 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and officiiiii seat. j Signature Place Notary Seal Above Signature of Notary PLUC 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 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator FM Signer Is Representing: I Signer's Name: ❑ Individual ❑ Corporate Officer —Tifle(s): ■ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: ®2007National NOMryAmclatfan•9350De Soto Am,P.O.6ox2402•Chatswonh,CA91313-24M-• ..NaWnalNotWr wg 8e.05907 RawCer. Call Tog-FYee t-8048788827 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 07, 2012 before me. A.Crombach. Notary Public, personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) 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. Witness my hand and official sealA. CROMBACH 1- COMM. #1913119 NOTARY PUBLIC -CALIFORNIA SiSignature of Nota Public 9 Notary r0 RIVERSIDE COUNTY NY Comm E.pu.s Nw. 13.2014 A.Crombach, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document: Performance Bond Contract No. 4627 Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Number of Pages: ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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 __ 6TH day of MARCH 2012 Bsslstant Secretary ACKNOWLEDGMENT ........ ..... ......... .... .................... ........................r........ State of California County of SS. On before me, Notary Public, personally appeared 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 some in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 as .... MWERENEW ...... & ..... 0"'MONS, ..... 4 ...... * OPifONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper identification Credible Witness(es) Capacity of Signer O Trustee Power of Attorney CEO/CFO/COO President / Vloe-President / Secretary / Treasurer Other. other Information: 31 (seal) •..U.....a.............. Now Thumbprint of Signer [] Chock here if no thumbpft or fingerprint Is available. ACKNOWLEDGMENT rrlr a rrr■■r rr■rrr...urr urrr................!lrrrrrurr ■r■r. rrr.urrr ■r!lrrrr State of Cafrfomia County of ) ss. On before me, Notai Pubic,. 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 hislher/their signatures(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. V%TNESS my hand and official seal. Signature rr.rJ rrr.rr..rr■rrrr■■■rrr Yrr rrl.l YYrrrrrrr Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper identification Credible Witness(es) Capacic ty of Signer. j Trustee / Power of Attorney CEO/CFO/COO President / Vice -President / Secretary I Treasurer Other. Other Information: (seal) lru rru.rr... 1. u..Ylrrurrrrr ■. Thumbprint of Signer ❑ CtWok gene It no thumbprint or fingwivant Is available. N • . OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC March 25, 2013 Hillcrest Contracting Inc. 1467 Circle Drive Corona, CA 92879 Subject: Peninsula Point Alley Replacement - C-4627 Dear Hillcrest Contracting Inc.: On January 8, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 16, 2013, Reference No. 2013000032996. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7628149. Enclosed is the Labor & Materials Payment Bond. Sincerely, A i; NWV Leilani L Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.city.newport-beach.ca.us EXECUTED IN TWO COUNTERPARTS City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 BOND NO. 7628144 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Princlpal," a contract for construction of PENINSULA POINT ALLEY REPLACEMENT, Contract No. 4627 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. 4627 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, In the sum of One Million, Six Hundred Seventeen Thousand, Three Hundred Thirty -Five and 00!100 Dollars ($1,617,335.04) lawful money of the United States of America, said sum beim equal to 1000A of the estimated amount payable by the City of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Cale of the State of Califomia. 33 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 Califomia. 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 6TH day of MARCH 2042. x Glenn J. Salsbury -President 1 Hillcrest Contracting, Inc. (Principal) A onzed Signaturerritie ! j5_ DEPOSIT 1UPA C/O ZURICH 1400 AMERICAN LANE SCHAUMBURC, IL 60196 Address of Surety 213-270-0600 Telephone EVA CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4" a' a - a oT a' e/Q"a - a' a `3➢ a a STATE OF CALIFORNIA County of Orange On 3-06-12 before me, Lexie Sherwood, NotaV ublic Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Narrte(s) at 5S9rter(s) :: LEXIE SNERWO0D COMM. #7856389 r:Ui NOTARY PUBLIC a CAUFORNtA ORANGE COUNTY -+ Comm. Exp. JULY 27, 2013 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 helshetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal.�e Signature GGG(i!i1Y� Place Notary Seat Above Signature of Not'aryipubiie C+3i�[+�l�Tl_•i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Capacity(les) Claimed by Signer(s) Signer's Name: Ci Individual 0 Corporate Officer --Title($): 0 Partner—C3 Limited Cl General 0 Attorney in Fact Cl Trustee Cl Guardian or Conservator Signer Is Representing: Number of Signer's Name: C1 Individual Cl Corporate Officer —Title(s)_ C1 Partner—C1 Limited 11 General ❑ Attorney in Fact ❑ Trustee C1 Guardian or Conservator C1 Other: Signer is Representing: 02007 NaWrml Nottery A=dafion-8350 Do sato Ave.,P.O. Box 2402- Cha%wodh, CA 91313.2402- w NavonafNutaryarg Itemt15907 Reorder:CaUrofirReet-800-876-6827 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 07, 2012 before me, A.Crombach. Notary Public, personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) 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. Witness my hand and official seal Signature of Notary Public A.Crombach, Notary Public OPTIONAL. Though taw 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: Payment Bond Contract No. 4627 Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited Q General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: A.CROMBACH COMM. #4813118 W NOTARY PUSUC-CAItFORNIA RNERSIDE 0 tD MComm. Expires Nov. 13.2014 Though taw 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: Payment Bond Contract No. 4627 Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited Q General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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 -taws of said Company, are set forth on the reverse side hereof and are hereby certified to be in fuI1 force and effect on the date h e��by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n E6'x-e'c=ution OOD, all of Anaheim, California, EACH its true and lawful agent and d deliver, for, and on its behalf as surety, and as its act and deed: any an a , n of such bonds or undertakings in pursuance of these prese in , as fully and amply, to all intents and purposes, as if they had been d Is t =a li'larly elected officers of the Company at its office in Baltimore, Md., ' p er p attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, . _ _ ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistants*eYeby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, ofthe 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. Rl1i!Y 1111 State ofMaryland Iss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J Mills Vice President On this 15th day of November, AD. 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. „,.w,,,,<,,, POA -F 012-4150H Constance A. Dunn Notary Public, My Commission Expires: July 14, 2015 ACKNOWLEDGMENT rYtl Ytltltl •tl•tl p►►p•en ••eeepewpp ore a ugeeueeu•eptl YtltlYtltlY tl►•eeeuese•eu oeppwpow� State of California County of ) ss. On before me, Public, personally appeared 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/shefthey executed the same in his/her/their authorized ospacity(ies), and that by his/her/their signatures(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 St a of California that the foregoing paragraph is true and correct. WITNESSmy hand and official seal. Signature someone*eeegeeoee•Ytltl Yetle Ytlrtlq■pOP►peeee OPTIONAL Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Pa r Identification Paper Identification Credible Wltness(es} Capacity of Signer Trustee Power of Attorney CEO/CFO/GOO President / Vice -President / Secretary / Treasurer Other: Other information: 35 (seal) anwneee*esepeee es*a*rrtlYYYetlepopptltll Thumbprint of Signer Q Check here if no timbprint or fingerprint is avaliable. Kmkl1-4AI _ i;Iii ew Mrr wpemeef rmmmmee••pm•YY pepw MMemmewew•mmmeere Yp OrMrrppwmmmmmmmerpmm pepp MMtltltl1 State of California County of ) ss. On before me, Notary Public, personally appeared 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 5hed/shn /they executed the same in his/her/their authorized capacity(ies), and that by his/her/eir ignatures(s) on the instrument the person(s), or the entity upon behalf of which the perss) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthState of California that the foregoing paragraph is true and correct. ,/' WITNESS my hand and official seal, Signature YtlpepY tlYYtlm•■••tlY ••Ymm Mpb•■p rp emrYmmmm Date of Document Type or retie of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Credible Witness(es) (seal) esrepeewe YYemertltltl YBBtlrtltl■■•YY •tltltl tlMM M� Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Cather Information: FT-] Thumbprint of Signer p Check here it no thumbprint of fingerprint is available. RECORDING REQUESTED BY AND WHEN RECORDED REMA TO: �; i - r City Clerk City of Newport Beach 3300 Newport BOueva�d u ! Newport Beach, CA 92663 Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder 111111[fi111111111111111!1111111111111I!Ill 111111$11,1111III Jill NO FEE *$ R 0 0 0 5 5 1 8 2 4 9$ 2013000032996 2:39 pm 01116/13 143 409 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, I x Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc. of Corona, k i CA, as Contractor, entered into a Contract on March 13, 2012. Said Contract set forth ` certain improvements, as follows: Peninsula Point Alley Replacement (C-4627) Work on said Contract was completed, and was found to be acceptable on January 8, 2013, 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. BY 7 Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. A An Executed on I nVA yl _ ky13 at Newport Beach, California. BY D4k- City Clerk OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 9, 2013 Orange County Recorder P.Q. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Peninsula Point Alley Replacement (C-4627) • Miscellaneous Paving Repair — Bristol Street South, Newport Coast Drive, and Jamboree Road at Coast Highway South (C-4882) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, �j� X,� �5� Leilani I. Brown, MMC 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 19141.04 fflnes V Mo 124 0 Ego 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, CA, as Contractor, entered into a Contract on March 13, 2012. Said Contract set forth certain improvements, as follows: Peninsula Point Alley Replacement (C-4627) Work on said Contract was completed, and was found to be acceptable on January 8, 2013, 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. BY Public Works Director City of Newport Beach VERIFICATION 1 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 10A �T �'U1,3 at Newport Beach, B Y DQ�*- , S- �"� City Clerk California. EXECUTED IN TWO COUNTERPARTS City of Newport Beach PENINSULA POiNT ALLEY REPLACEMENT Contract No. 4627 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,394.00 being at the rate of$ $8,25/$6.06/$5.50 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 "Principar, a contract for construction of PENINSULA POiNT ALLEY REPLACEMENT, Contract No. 4627 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. 4627 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 One Million, Six Hundred Seventeen Thousand, Three Hundred Thirty - Five and 001100 Dollars ($9,617,536.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, suocessors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum speed in this Bond; otherwise this obligation shall become null and void. 29 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 speoifications 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 format 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 , Tx day of MARCH , 201,2. ;? Glean J. Salsbury -President Hillcrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY, OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURC, IL 60196 Address of Surety 213-270-0600 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED Signature/Title Signature CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title UN AND SURETY MUST BE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3-06-12 before me, Lexie Sherwood, Notary Public Data here insert Name and Title a of the < iRcer personally appeared Charles L. Flake Name(s) of Signer(s) FXi"E SHER 1tOOD J h -;, NOTAny PUCLIC o CALIFORNIA Cs 1 ORANGE COUNTY " u3 Comm�LY 27,20`13 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and office I seal. Signature�CY Placa Notary Seat Above Signature 0 Notary , blit ' OPTIONAL Though the information below is not required bylaw, if 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 Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: E] Individual ❑ Corporate Officer —Title(s): ❑ Panner — Cl Limited ❑ General ❑ Attorney in Fact C1 Trustee ❑ Guardian or Conservator ❑ Other; Signer Is Representing: Signer's Name: 0 Individual CI Corporate Officer —Title(s)_ ❑ Partner —❑ Limited General C) Attorney in Fact CJ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing; 02007 National Notary Association -9350 Do Soto Ave., P.O. Box 2402 - Chatswonh, CA 91313.2402 • www.Natlonalllotary.org Item #5907 Reorder; Call Toll-Oee 1-800,876 8827 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 07, 2012 before me, A.Crombach, Notary Public, personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) ep rson whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by hls 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. Witness my hand and official seal ./`^moi"! h.l% N .! t. Signature of Notary Public A,Crombach, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document: Performance Bond Contract No. 4627 Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name. ❑ Individual ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President LI Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: A. CROMA COM41913119 WA per NOTARY PUBLIC -CALIFORNIA -i LA RIVERSIDE COUNTY to my Comm Expires Nov. 13. 2614 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: Performance Bond Contract No. 4627 Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name. ❑ Individual ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President LI Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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 COMPANYOF 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 6TH day of MARCH 2012 Assistant Secretary 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, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hrre , dds, by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULBEP n e S OOD, all of Anaheim, California, EACH its true and lawful agent and @'y�t;-ttn eta u d deliver, for, and on its behalf as surety, and as its act and deed: any an s�, n e �xecution of such bonds or undertakings in pursuance of these prese I in L F�fully and amply, to all stents and purposes, as if they had been d gp ai2d ap eg��gularly elected officers of the Company at its office n Baltimore, Md.,p � s� attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,t, � ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant eNeteby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: i 4Wm State of Maryland 1 ss: City of Baltimore s FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 'V � J 111 � A .�r.�,+y / ✓ Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 012-4150H ACKNOWLEDGMENT eleaewvrveeeeeeamasse ee ee e:oeesreeeeeeveseeeeeeae vlleeereptleaa eev a evvwesw MaMMMprat State of California County of cM On before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 arrw eremmmm eerreesmereww es Metlrrgrrrmearrr■•seer• OP77ONAL Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification Credible Witness(es) Capacity of Signet / Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer — _._..Other. Other Information: 31 (seal) pp911ptlivvq PvvvYOa oevmtl 4A1110PY Thumbprint of Signer [] Check here if no thwrd*ftt or fingerprint is available. &NN O ,Tl14O I TriMak •eewYeagp pe Ype YtlYgwmaeeeewsYwewassameseteta MessYAYp Ypappp CCtltle YYmaeMM a wee Room.. State of California County of }ss. On before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 (seal) •awwwe ve•eewmppppp■ee0■ppetl YYp ttles YYaw••ae••e,(IpmeawaweeeeepeMwefeeseeepeee•YwYt OPTIONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification Credible Witness(es) Capacity of Signer: / Trustee Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other. Other Information: 32 Thumbprint of Signer Cheek here it no thumbprint or fingerprint Is avallable. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer APPROVED: TITLE: Peninsula Point Alley Replacement — Completion and Acceptance of Contract No. 4627 ABSTRACT: On March 13, 2012, City Council awarded Contract No. 4627 (Peninsula Point Alley Replacement) to Hillcrest Contracting, Inc., for a total contract cost of $1,617,335 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3, Release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description AD -103 Street Rehabilitation AD -103 Construction Contingency Water Enterprise Fund Wastewater Enterprise Fund General Fund Account Number 74103-9804 74103-9805 7511-C2002040 7541-C2002040 7013-02002040 Amount $961,991.55 42,608.00 464,497.66 50,717.07 326.687.67 Total: $1,846,501.94 1 of4 Peninsula Point Alley Replacement — Completion and Acceptance of Contract No. 4627 January 08, 2013 Page 2 DISCUSSION: $1,617,335.00 Actual cost of bid items constructed: $1,676,023.40 Total change orders: Overall Contract CostfTime Summary Final contract cost $1,846,501.94 Awarded Contract Final Cost at Contingency Actual Contract Contract Time Time Under (-) or Amount Completion Target Change (days) Over (+) $1,617,335.00 $1,846,501.94 15% or less +14.2% 142 0 The work necessary for the completion of this contract consisted of removing existing alley and street pavements and replacing with new concrete pavement, construction of new curb access ramps, adjusting utilities to grade and performing other appurtenant and incidental items of work as required. The alley and street pavement replacement included in this contract was the final work effort for the Utility Underground Assessment District 103. In addition to the above work, an 8 -inch storm drainage system was constructed as part of the project to remedy historic flooding at the sump in the middle of Alley No. 205 {between "M" Street and Channel Road, Seville Avenue and Miramar Drive, as well as a landscaped island was constructed at Balboa Boulevard and "I" Street intersection as part of Peninsula Point HOA Beautification effort, 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: $1,617,335.00 Actual cost of bid items constructed: $1,676,023.40 Total change orders: $170,478.54 Final contract cost $1,846,501.94 The final cost of bid items constructed was more than the original bid amount due to an increase in the final quantities constructed. The final construction contract cost was approximately 14.2 percent above the original bid amount. A portion of this cost increase resulted when the Contractor encountered thicker existing pavement sections during removals that in turn resulted in the installation of slightly thicker replacement pavement sections. Staff also took advantage of the tow unit bid prices to include replacement of additional deteriorated sidewalks and street pavement within the project limits_ A summary of the project schedule is as follows: Estimated Completion Date per 2011 Baseline Schedule September 2012 Project Awarded for Construction March 13, 2012 Contract Completion Date with Approved Extensions October 4, 2012 Actual Substantial Construction Completion Date October 4, 2012 2 of Peninsula Point Alley Replacement — Completion and Acceptance of Contract No. 4527 January 08, 2013 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: David A. Webb Public Works Director Attachment: A. Project Location Map 3 of ATTAGNEMENT A LOCATION MAP PENINSULA POINT ALLEYS REPLACEMENT, 0-4627 11-12\G 4621 — P ' AUy Rgptaaament�A•SiCN 4 of CITY CLERK AlWAL612"011AWGIAIAZIM.ATOREW1 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 22"d day of February, 2012, at which time such bids shall be opened and read for PENINSULA POINT ALLEY REPLACEMENT V Title of Project Contract No. 4627 $2,800,000.00 Engineer's Estimate - Stbphen G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 54$-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Frank Tran, Proiect Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services/Bidding & Bid Results City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 N City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performanceunder the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. LICENSE # 471664A Contractor's License No. & Classification Hillcrest Contracting, Yric. Bidder Authoriz% Signaturerritle Glenn J. Salsbury -President 13Q11a Date Iv BOND# 08560235 PREMIUM: NIL City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 107 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PENINSULA POINT ALLEY REPLACEMENT, Contract No. 4627 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 17TH day of HILLCREST CONTRACTING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LN. SCHAUMBURG, IL 60196 Address of Surety 213/ 270-0600 Telephone FEBRUARY , 2012. 01 Authorized Agent Signature RICHARD A. COON.ATTORNEY-IN-FACT Print Name and Tale (Notary acknowledgment of Principal & SUretV must be attached) A President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 2/17/12 before me, Lexie Sherwood, Notary Public Dale Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signers) ,::. LEXIE SHERWOOD 'COMM.#1856309 � NOTARY POBLIC a CALIFORNIA n '"✓�-'H ORANGECOUNTY Comm. Exp. JULY 27, 2013 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 andel official se I. Signature ZSLper Place Notary Seal At Signature or No Pudic' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ' ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ie2�c'�t^�G`��eessT��i`r�"��-��%�Ct3�'�'i`�'��i..^�i`c'4`c�v`t`�i;'�._• _ — — — — - ='�i�c^•�^�L-^C 0207 National Natary Association • 9350 De Soto Ave.. P.O. Box 2402 - Ceetsworth, CA 91313-2402 - w .NatbaalNota org Item #5907 Reorder: Call TM-Fmo 1.800.87&G827 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON February 22, 2012 before me, A.Crombach, Notary Public , personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) 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. Witness my hand and official seal A. CROMBACH u OM GM.81913119 ��u-/�1 l�1 {{{✓✓✓111 /vvv `ass///���� 3 NOl'ARYP UBLIC CALIFORNIA C Signature of Notary Public RIVERSIDE COUNTY My Comm. Expires Nov. 13.2014 CO A.Crombach, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Number of Pages: ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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 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 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article Vl, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 17TH day of FEBRUARY 1 2012 Assistant Secretary ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . State of California County of } ss. On Public, personally appeared before me, Notary proved to me on the basis of satisfactory evidence to be the pe on(s) whose name(s) is/are subscribed to the within instrument and acknowledged tc me hat he/she/they executed the same in his/her/their authorized capacity(ies), and that by s/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of whic he person(s) acted, executed the instrument. I certify under PENALTY OF PERJU/nderws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature (seal) ................................................................. OPION Date of Document / Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 0 ACKNOWLEDGMENT e e o e e v o e e s s e e e e e e e o n a e e e a e e e o e o v e a e e o o e e e s e e s e e e e v e e e e e e e e e e e o e e e v o o m m e e e e e e e ee State of California County of ss. On before me, Notary Public, personally appeared 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 exerted the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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 f' alifornia that the foregoing paragraph is true. and correct. WITNESS my hand and official seal. Signature (seal) eveeeeeeeeeeueeeeeoueeeoeeeeeveaeeveeeeeeeeee�• •eeeee••eeeee• eeeeeeeeeseeeeeee. OPTIONAL INFORMATION Date of Document / Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Id( _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name:UiN(I�y6j�{ „7V / �� d s�pes� •4&;�q /f Address: OP 71!C C4 `% Phone: 437'vTO State License Number: G b Name: C,7 7 Address:�_� Phone: 211— 7/ J State License Number: Name: Address: Phone: State License Number: Hillcrest Contracting, Inc. Bidder Authorized Si ure/Title Glenn J. Salsbury -President 8 n City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formal 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 1'UCAIPATRANSIT CENTER Project Description CONSTRUCTTRANSIT CENTER Approximate Construction Dates: From 10/2009 Agency Name CITY OFyuCA1PA To: 7/2010 Contact Person CHUCK COLLET Telephone (909 ) Original Contract Amount $ 1.487,866 Final Contract Amount $__L778 797-2489 FXT. 256 12 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK 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 01 No. 2 Project Name/Number LENA ROAD ST'RFET IMPROVEMENTS Project Description STREETIMPROVEMENTS Approximate Construction Dates: From 8/2009 Agency Name INLAND VALLEY DEVELOPMENTAGENCY Contact Person NICK MANCHEV Telephone (909) 382-2084 Original Contract Amount $ 1,007.861 Final Contract Amount $ 1,121,917 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If'yes, briefly explaK and indicate outcome bf claims. MW No. 3 Project Name/Number KITCHING ST. IMPROVEMENTS Project Description STREET IMPROVEMENTS . Approximate Construction Dates: From Agency Name Contact Person CITY 01° MORE -NO VALLEY VIREN SHAII 3/2010 112011 Telephone (951) 314-2288 Original Contract Amount $ 1,752.017 Final Contract Amount $ '1.949,69' If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK 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 10 No. 4 Project Name/Number DAY STREET ROADWAY IMPROVEMENTS Project Description STREET IMPROVEMENTS Approximate Construction Dates: From 1/2010 Agency Name CITY or To: 5/2011 Contact Person LARRY GONZALES Telephone (951) 417-3176 Original Contract Amount $_L752,017 Final Contract Amount $ 1.944,877 If final amount is different from original, please explain (change orders, extra work, etc.) . CHANGE ORDER WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If -yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number VICTORIA AVE-. STREET IMPROVEMENTS a BEAUTIFICATION Project Description STREET IMPROVEMENTS Approximate Construction Dates: From Agency Name CITY Or SAN DERNARDINO Contact Person HENRY WINGSON 9/2010 TO: 7/2011 Telephone (909) 384-5368 Original Contract Amount $ 717,272 Final Contract Amount $ 882,427 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK 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 11 No. 6 Project Name/Number UPTOWNYUCAIPABLVD. Project Description STREET IMPROVEMENTS Approximate Construction Dates:.From 3/2011 T Agency Name CITY OF YUCA1PA Contact Person JOHN LAROSE Telephone (9o9 ) Original Contract Amount '$ 2,835,981 Final Contract Amount $ 3,200,000 797.2489. EXT. 243 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER WORK Didyou 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. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor'urrent financial conditions. HILLCREST CONTRACTING. INC. .>% 14 > Bidder AUthorizedfignature[Tltle GLENN J. SALSBURY--PRESIDENT I/ 12 City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 NON -COLLUSION AFFIDAVIT State of California ) ss. County of RIVERSIDE GLENN 1. SALSBURY , being first duly sworn, deposes and says that he or she is PRESIDENT Of HILLCREST CONTRACTING. -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 out 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 anymember or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of C ilifornia that th r going is true and correct. HILLCREST CONTRACTING; INC. Bidder Authorize 'i nature/Title G, YJ'SAesaURY.PRESIDENT Subscribed and sworn to (or affirmed) before me on this day of 2012 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: State of California County of Riverside Subscribed and sworn to (or affirmed) before me The 22nd day of February 2012 by, proved to me on the basis of satisfactory evidence to be the persono who appeared before me. Signature: A. CROMBACH M COMM. #1913119 W U .`'r}` NOTARY 1U9LIC.CALIFORNIA 0 rn RIVERSIDE COUNTY [6 My Comm Expim, Nov. 13.2014 A. Crombach, 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 of this form to another document. Description of Attached Document: Non -Collusion Affidavit Document Date: Pages: Signer(s) Other Than Named Above None City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 DESIGNATION OF SURETIES Bidders name Hincrest Contracting, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): `CI DESIGNATION OF SURETIES BONDING: FIDELITY & DEPOSIT COMPANY OF MARYLAND 801 N. BRAND BLVD. SUITE, PENTHOUSE GLENDALE, CA 91203 (818) 409-2800 FAX (818) 409-2820 BONDING CULBERTSON INSURANCE SERVICE AGENT: 5500 E. SANTA ANA CANYON RD. ANAHEIM. CA 92807 (714) 921-0530 FAX (714) 921-2096 INSURANCE: THE WOODITCH COMPANY INSURANCE SERVICES, INC. ONE PARK PLAZA SUITE 400 IRVINE, CA 92614 (949) 553-9800 FAX (949) 399-2474 City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract: No. 4627 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Hillcrest Contracting, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities e 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. 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD 5 -Calendar Years Prior to Current Year CONTRACTOR: HILL CREST CONTRACTING, INC. 2007 2008 2009 2010 2011 2012 CURRENT 1) Total Hours Worked (in thousands) YEAR Nationwide: 244,000 219,570 138,089 158,977 107,170 0 California: 244,000 219,570 138,089 158,977 107,170 0 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 1 1 2 0 0 California: 2 1 1 2 0 0 4)* Number of injury/illness cases involving restricted work activity Nationwide: 1 2 1 1 1 0 California: 1 2 1 1 1 0 5)* Number of lost workdays Nationwide: 130 91 0 0 0 0 California: 130 91 0 0 0 0 Nationwide: California: 6)* Number of days of restricted work activity due to injury/illness Nationwide: 0 0 0 0 10 0 California: 0 0 0 0 10 0 7)** Incidence Rate Lost Workday Cases Nationwide: 2.46 2.74 1.45 2.51 0 0 California: 2.46 2.74 1.45 2.51 0 0 8) Workers' Compensation Experience Modifier Nationwide: 89% 103% 96% 87% 87% 84% California: 89% 103% 96% 87% 87% 84% CONTRACTOR: HILL CREST CONTRACTING, INC. Legal Business Name of Bidder HII.LCRESI'CONTRACTING, INC. Business Address: 1467 CIRCLE CITY DR. CORONA, CA 92879 Business Tel. No.: 961 -in -9600 State Contractor's License No. and Classification: 471664 A RAZ Title The above information was compiled from time. and I declare under penalty of perju within the limitations of -those records. Signature of bidder the records that are available to me at this y that the information is true and accurate GLENN J. Date 2/22/12, Title PRFs IDENT Signature of bidder ,i �i EINERG.LINDHOLM Date 2/22/12 Title VP/SMC rTARY Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal,,or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a. Notary'P.ublic, yvho must ceitify that such individuals, partners/joint vehtures,' or officers were proven on the basis of satisfactory evidence to be .the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON February 22, 2012, before me, A.Crombach, Notary Public, personally appeared Glenn Salsbury and Einer G. Lindholm, who proved to me on the basis of satisfactory evidence to be the persons whose name(s) are subscribed to the within instrument and acknowledged to me that theexecuted the same in their authorized capacities, and that by their signatures(s) on the instrument theep rsons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing is true and correct. Witness my hand and official seal A. CROMBACH N1913119 W pDOCQCOMM. Q ;` NOl'ARY PUBLIGCALIFORNIA .0.0 A.Crombach, Notary Public RIVERSIDE COUNTY MY Comm Expires Nw. 13.201< W 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 I Document Date: Signers) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: Individual Number of Pages: ❑ Corporate Officer — Title(s): President & Vice President/ Secretary ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Hillcrest Contracting , Inc City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 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: Addendum No. Date Received Signature 17 City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 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 DR. CORONA, CA 92879 Telephone and Fax Number: (951)273-9600FAX (951) 273-9608 California State Contractor's License No. and Class: 4i1664 A HAz (REQUIRED AT TIME OF AWARD) Original Date Issued: 4/30/85 Expiration Date: 4/30/13 List the name and title/position of the person(s) who inspected. for your firm the site of the work proposed in these contract documents: GLENN J. SALSEURY-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 Address Telephone GLENN J. SALSBURY-PRESIDENT 1467 CIRCLE CITY DR. CORONA, CA 92879951-273-9600 EINER G. LNDHOLM-VP/SECRETARY 1467 CIRCLE CITY DR. CORONA, CA 92879 951-273-9600 Corporation organized under the laws of the State of CALIFORNIA im The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows:. . 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; N/A Briefly summarize the parties' claims and defenses; you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes io 19 Are any claims or actions unresolved or outstanding? Yes /No If yes to any of the above, explain. (Attach additional sheets, if necessary) �/ A 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 -President (Print name of Owner or President ofCorp ration/Co y) Authorized ignaturelfitle Glenn Jr Salsbury -President Title Date On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: O (SEAL) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON February 22, 2012 before me, A.Crombach, Notary Public, personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) 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. Witness my hand and official seal A. CROMBACH COMM. #1913119 W Y m NOl'gRY RURLIC-CALIFORNIA Signature of Notary Public RIVERSIDE COUNTY W A.Crombach, Notary Public My Comm. Expiroe Nox. 13.2014 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: Document Date: Signer(s) Other Than Named Above Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 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: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS o LABOR AND MATERIALS PAYMENT BOND 9 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. 21 City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and Hillcrest Contracting, Inc., a California corporation ("Contractor'), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing existing asphalt or concrete alleys and streets, constructing new concrete alleys and streets, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4627, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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. `8a C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, Six Hundred Seventeen Thousand, Three Hundred Thirty -Five and 001100 Dollars ($1,617,335.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Frank Tran (949)644-3340 CONTRACTOR Hillcrest Contracting, Inc. 1467 Circle Drive Corona, CA 92879 951-273-9600 951-273-9608 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contrac Compensation Insurance providing sts liability insurance with limits of at least each type for Contractor's employees in State of California, Section 3700 of or shall maintain Workers' iutory benefits and employer's one million dollars ($1,000,000) accordance with the laws of the the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed 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. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. 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. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. M G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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 dates written below. APPROVED AS TO FORM OFFICE F / y CITY ATTORNEY Date: AarofvG.41arp City Attorney`�l-, ATTEST: 3 •Z 2 Date: �� y� n,l //& : _ Q rYl. _,A Leifani I. Brown City Clerk m CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter City Date: 3l1 q h'� By: Nar Mat HILLCREST CONTRACTING, INC. California corporation By: ( orate Officer) Title: President Print Name: Glenn J. Salsbury Date: J h (Financial Officer) Title: Vice President / Secretary Print Name: Einer G. Lindholm Date: ' T' l a- State of California County of Riverside ON March 07, 2012, before me, A.Crombach, Notary Public, personally appeared Glenn Salsbury and Einer G. Lindholm, who proved to me on the basis of satisfactory evidence to be theerp sons whose name(s) are subscribed to the within instrument and acknowledged to me that theyexecuted the same in their authorized capacities, and that bytheir signatures(s) on the instrument the persons, or the entity upon behalf of which theep rsons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing is true and correct. Witness my hand and official seal A. CROMBACH r�4 /J1 COMM. #1913119 W �I 'may � .. m NOTARY PUOLIGCALIFORNIA 0 RIVERSIDE COUNTY to A.Crombach, Notary Public My Comm. Expires Nov. 13.2014 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 Contract Signature Page Document Date: Number of Pages: Signers) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: Individual ❑ Corporate Officer — Title(s): President & Vice President/ Secretary ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: is Hillcrest Contracting , Inc EXECUTED IN TWO COUNTERPARTS City of Newport Beach PENINSULA POINT ALLEN' REPLACEMENT Contract No. 4627 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,394.00 being at the rate of $ $8.25/$6.06/$5.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal", a contract for construction of PENINSULA POINT ALLEY REPLACEMENT, Contract No. 4627 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. 4627 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 One Million, Six Hundred Seventeen Thousand, Three Hundred Thirty - Five and 00/100 Dollars ($1,617,335.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 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 6TH day of MARCH 2012. Glenn J. Salsbury -President Hillcrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O 7.URICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety 213-270-0600 Telephone Signature/Title CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3-06-12 before me, Lexie Sherwood, NotaryPublic Date No. Insert Name and Title of the Offieer personally appeared Charles L. Flake Name(s) of Signer(s) LEXIS SHERWOOD '"``• COh'iPd. ,'21350369 NOTARY PUBLIC -CALIFORNIA n 0 ORANGECOUNTY Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and offici I seal. Signature Place Notary Seal Above Signature of Notary Nitrite OPTIONAL IO1tlAL 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 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):— Partner — itle(s):_Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary.Aesoclatlon • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NatlonalNotaryorg Item 45907 Reorder: Call Toll -Free 1-800876+6827 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 07, 2012 before me, A.Crombach, Notary Public, personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) 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. Witness my hand and official seal A. CROMBACH C� � F COMM. H1913119 A c NOTARY PUBLIC-CALIFORNIA� .SI nature of Nota Public g Notary m RIVERSIDE COUNTY m, Comm Cxpires NOV. 13. 2014 A.Crombach, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document: Performance Bond Contract No. 4627 Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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 Attomey-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 6TH day of MARCH 1 2012 Assistant Secretary ACKNOWLEDGMENT mmmammmmmvmmmmm man memmmmommmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm amo0tle000e State of California County of ?ss. On before me, Notary Public, personally appeared 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 signatures($) 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 (seal) •m mmmvvvmvvvvmmmmv•mm•evmmvvvtltl vv0tlm0a BBamvmmtlmmmpmrmem tiv Omvvmvaomm mvvmvv vemvvu 0MONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification Credible Witness(es) Capacity of Signer. / Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Other Information: 31 Thumbprint of Signer [] check here if no thumbprint or Fingerprint is available. ACKNOWLEDGMENT ...... opmosma■amba............mmm...........mmmpmom0o.aamm.■tlmtl b..............I State of California County of On Public, personally appeared ss: before me, Notary 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(iss), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 (seal) mm'•amaea*mmm oa oemamaamamm.tlbtltl tlmmm.m......... A ..... *magma.......... ea. e.em •ammr OPTIONAL Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification Credible Witness(es) Capacity of Signer: / Trustee _ Power of Attorney _ CEO / CFO / COO _ President / Vice -President / Secretary / Treasurer Other. Other Information: 32 Thumbprint of Signer Check: here if no thumbprint or fingerprint Is available. EXECUTED IN TWO COUNTERPARTS City of Newport Beach PENINSULA POINT ALLEY REPLACEMENT Contract No. 4627 BOND NO. 7628149 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 PENINSULA POINT ALLEY REPLACEMENT, Contract No. 8627 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. 4627 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 dilly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Million, Six. Hundred Seventeen Thousand, Three Hundred Thirty -Five and 001100 Dollars ($1,617,335.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 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 6TH day of MARCH , 2012. Glenn J. Salsbury -President Hillcrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT rnmPANV QV MARVLANn Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety 213-270-0600 Telephone 4-11 Authorized Signaturerritle Autho ' ed Agent Signature CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3-06-12 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Tide of the Officer personally appeared Charles L. Flake Narne(s) of Signer(s) LEXIE SHERWOOD v COMM. #1855389 LO •- ';{`u NOTARY PUBLIC oCALIFORNIA G)ORANGE COUNTY Comm. Exp. JULY 27, 2013 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/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal Signature X6L� Place Notary Seat Above Signature of NoIAry1Publii5 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 Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Tille(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual i Corporate Officer — Title(s): Partner— ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NafionalNotaryarg (torn 45907 Reoroer. Call Toll -Free 1-600.676-6627 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON March 07, 2012 before me, A.Crombach, Notary Public , personally appeared Date Here Insert Name and title of the Officer Glenn J. Salsbury, who proved to me on the basis of satisfactory evidence to be the Name(s) of Signer(s) 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. Witness my hand and official seal (2 c)..rory rw�-QL Signature of Notary Public A.Crombach, Notary Public OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document: Payment Bond Contract No. 4627 Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Number of Pages: ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: A.CROMBACH . COMM. 91913119 Cl 14: NOl'ARV PUBLIPCALIFORNIA RIVERSIDE COUNTY to M, Comm. Expires Nov. 13. 2014 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: Payment Bond Contract No. 4627 Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Number of Pages: ❑ Corporate Officer — Title(s): Glenn J. Salsbury - President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 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, ip are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e dds v by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB ( n e S R�VOOD, all of Anaheim, California, EACH its true and lawful agent ando�tL'fi�tV;-tb ae�4.. C u hd deliver, for, and on its behalf as surety, and as its ac[ and deed: any an 1�t1-un eat r{+d ` xecution of such bonds or undertakings in pursuance of these prese [ � �I�i in n as fully and amply, to all intents and purposes, as if they had been d e� }and a n w e by�thY Jre Vll rly elected officers of the Company at its office in Baltimore, Md., ip-t t Prop�per ' e attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ULf E Nt4= ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistantee� yy�oeOfiereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- rsbf 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: 'ro orvos` _ o � 9 tes0 i 4e�1 StateofMaryland �ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND J 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. ...41:O.�;p POA -F 012-4150H Constance A. Dunn Notary Public. My Commission Expires: July 14, 2015 ACKNOWLEDGMENT P tlPne9YnmP .ammo pee veappapavp vmaeevppea mmme pve emtltlnnn PP SPPPam amPPPemmmp Pmmp Pm•0� State of California County of On Public, personally appeared _ ss. before me, Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 signatures($) on the instrument the person(s), or the entity upon behalf of which the persons) 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 (seal) .am........ a...... Pp al)ep■■■asp■■pPaP.....Ff."...............•..epm■tlppe tlp Qapam.0 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Credible Witness(es) OPTIONAL Identification Capacity of Signer. Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other I nformation: 35 Thumbprint of Signer �] Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT aavavaaaamvaaavvameavmmma.9aaa.amamma..amaaamaaa vaaa a vvvavvmvmv apps tlammmmp■Bmml State of California County of On Public, personally appeared ss. before me, , Notary 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 /hej/Sh/theyexecuted the same in his/her/their authorized capacity(ies), and that by his/her/gnatures(s) on the instrument the person(s), or the entity upon behalf of which the per cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of thState of California that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature tlmmaB tivtltlB.mmvmae ammtlpmtlmatltltlm vommmm•mm Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with I Paper Identification Credible Witness(es) (seal) mmmmmmv mmmma pmmmm0 tlm•atl■mtltivmtla•memtltltl, Capacity of Signer. _ Trustee Power of Attorney ,CEO/CFO/COO _ President/ Vice -President / Secretary / Treasurer Other: Other Information: 36 Thumbprint of Signer 0 Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PENINSULA POINT ALLEY REPLACEMENT CONTRACT NO. 4627 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. 4627 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @t7s Dollars and Cents Per Lump Sum Lump Sum Traffic Control [ t ,cSr�wf%�-.-)Dollars and Cents $ 'j 0C 0,0 Per Lump Sum =pAne In ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 3. Lump Sum Surveying Services "77h*vsA-11'� Dollars and Cents Per Lump Sum 4. 9 EA Remove & Reconstruct Sewer Main Terminal Cleanout Frame & Cover @-/✓//u-e �Dollars and 2Pito Cents $ Per Each 5. 90,000 S.F. Remove & Reconstruct 8 -in Thick PCC Street Pavement r @u� Dollars Sl Cents Per Squ re Foot 6. 159,000 S.F. Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Alley Pavement @ 7UDollars and Cents -0.0 $ Y-0-0 $ 6 al Per 8 Foot 7. 100 L.F. Remove & Reconstruct Type "A" PCC Curb & Gutter @ v 2 Dollars and �eil r/ Cents $ -351-00 d✓ Per Linear Foot 8. 1,600 L.F. Remove & Reconstruct Type "B" PCC Curb @ Dollars and "l'11r� Cents $ 33�� Per Linear Foot PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a 10. 11 12. 13 14. 7,200 S.F 1,450 S.F. 6,200 S.F 2 EA. 35 S.F. Remove and Reconstruct 8 -in Thick PCC Alley Approach @ SES r�J Dollars and L761Z_4.�' Cents $ Z &0 $ 5o Com, c7CD Per Square Foot Remove and Reconstruct 4 -in Thick PCC Sidewalk @ 5. Dollars and enc. Cents Per Square Foot Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Patch Back @ 5e✓e4.1 Dollars and Cents $ I, -_0L1 $ 3 � tv r -v Per Square Foot Remove Existing and Install Galvanized Bollard @ 4 ) a,zc Dollars and Z e Cents Per Each Remove and Reconstruct Full Depth AC @ FiF-r­4- F,tyE Dollars and ate' Cents $ 55: oZ� Per Square Foot 347 EA. Remove & Replace 1 -in Water Meter Box @ —'W.2; L/ Dollars and Rc> Cents $ 130, OU Per Each $ L9z�. oi; $ / / O, c7U PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 2 EA. Remove & Replace 2 -in Water Meter Box 16 17 IK @ Dollars and -F6-M'- Cents Per Each $ca, "t)$ 53 EA. Remove & Replace Water Valve Frame & Cover 046 ffs/,vj�;z4� @�t - Dollars and -26: n—c Cents $ I z01 JU Per Each 1 EA. PWAZUR 10 EA. Remove & Replace Survey Monument Frame & Cover @/k.v,-F/Dollars and Z6Tz-(. Cents Per Each $ (c3GC), 00 $ 3c -'o, cv $ 3C-0, Cti Remove & Replace Sewer Cleanout Frame & Cover to Grade @DANet" we! Dollars and Z��✓ Cents $ ,ev Per Each Remove & Replace Street Light Pull Box to Grade @T,*2,56 ifyvDAe0 Dollars and -i'lEI.c, Cents Per Each $ (� J $ 7 cXo, Cc $ -3-CS 01tL3 20. 25 EA. Adjust Manhole Frame & Cover to Grade @'MBEs 'k ,):zE6 Dollars and f�ev Cents Per Each $ 3ao, CFO PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21 WIA 24. 25 88 EA. Adjust Telephone Pull Box to Grade @ 5r nVX Dollars and �c Cents $ Per Each 107 EA. Adjust Cable TV Pull Box to Grade arJE i-W.va;z� @ F, czie Dollars and z6tzo Cents Per Each 100 S.F 200 S.F Lump Sum Remove and Reconstruct PCC Cross Gutter 17 f , x-70 $ T C.iJ. oD $ i5D, 00 $ 16, 05-0, &D @ I�W-?5'�1 Dollars and Cents Per Square Foot Remove and Reconstruct PCC Driveway Approach @ -THla —nns� Dollars and _=6y2_C1 Cents Per Square Foot Install Striping, Pavement and Curb Markings �a1 jkL7,yO AA c�4 Dollars and �4�2✓ Cents Per Lump Sum 26. 23 EA. Remove, Restore and Install Existing Sign on New Post $ Z&Jeo, cx) @ /�d-�- i Dollars and / `S Cents Per Each PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 34 EA. Remove and Reconstruct PCC Curb Access Ramp, Case "H" @Ti�ie�i� N�'N't)r3=4�ollars and Z�E-9Z) Cents Per Each 28. 1 EA. Remove and Reconstruct PCC Curb Access Ramp, Case "J" @ 1 fdr o Dollars and c7 Cents Per Each 29. 350 LF. Construct Type "B" PCC Curb, 8 -inch Curb Face @ 7ZJZ5�:Tc/—i-HA66 Dollars and Z6(za Cents Per Linear Foot 30. Lump Sum Prepare Soil for Landscaping @6i?H7-7t/crdsA>✓rI Dollars and 069�> Cents Per Lump Sum 31. Lump Sum 1 -in Water Service with Backflow Prevention Assembly @'il�e y4fl4pt<*4- Dollars and Ze"i Cents Per Lump Sum 32. Lump Sum Construct Drainage System on Sheet 31 of 31 @ Dollars and Z`ew Cents Per Lump Sum $ I cy-),. c7r $ y $ Z3, 00 $ cJD I $ gaoo, c7C7 $ / &b PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. Remove All USA Markings and Restore Pavement Surfaces @ One Thousand Dollars and Zero Cents $ 1.000.00 34. Lump Sum Provide As -Built Drawings @ Three Thousand Dollars and Zero Cents $ 3.000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS i/1;7/% SIX and ZCents Iia Date' 951-273-9600 951-273-9608 Bidder's Telephone and Fax Numbers LICENSE # 471664A Bidder's License No(s). and Classification(s) A Bidder's email address: 9 V/A rs $ 00 Total Price (Figures) Hillcrest Contracting, Inc. Bidder Bidder's AyKhorized Signature and T Gldnn J. Salsbury -President 1467 CIRCLE CITY DRIVE CORONA CA 92879 Bidder's Address \\cnb-200b\users\pbMshared\contracts\fy 10-11\peninsula point alley replacement c-4627\proposal c4627.doc 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PENINSULA POINT ALLEY REPLACEMENT CONTRACT NO. 4627 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.4 Line and Grade SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 1 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES 6-11 CONSTRUCTION PHASING SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 PROJECT SITE MAINTENANCE 7-8.4.3 Steel Plates 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 7-10.2 Storage of Equipment and Materials in Public Streets 7-10.3 Street Closures, Detours, Barricades 7-10.4 Public Safety 7-10.4.1 Safety Orders 7-10.5 Street Sweeping Signs 7-10.6 Notice to Residents and Temporary Parking Permits 7-15 CONTRACTOR LICENSES 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class 4 4 5 5 5 6 6 6 6 6 7 7 7 7 8 8 8 8 9 9 9 10 10 10 11 11 11 15 1W 16 16 SECTION 214 PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214-5 REFLECTIVE PAVEMENT MARKERS 16 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 300-1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.4 Tack Coat 18 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302-6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.4 Joints 18 303-5.4.1 General 18 303-5.5 Finishing 19 303-5.5.1 General 19 303-5.5.2 Curb 19 303-5.5.4 Gutter 19 SECTION 310 PAINTING 19 310-5 PAINTING VARIOUS SURFACES 19 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310-5.6.6 Preparation of Existing Surfaces 19 310-5.6.7 Layout, Alignment and Spotting 19 310-5.6.8 Application of Thermoplastic 19 310-5.6.11 Pavement Markers 20 APPENDIX "A" CONSTRUCTION PHASING PLAN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PENINSULA POINT ALLEY REPLACEMENT CONTRACT NO. 4627 u,r1:zBills] rIs] i SP 1 OF 20 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. A -5162-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction 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 asphalt or concrete alleys and streets, constructing new concrete alleys and streets, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "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 SP2OF20 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. 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." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walden & Associates in Irvine, CA, and can be contacted at (949) 660-0110. 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. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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 ............................................ 15 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, one (1) percent may 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 SP3OF20 to the Subcontractor's actual cost (prior to any markups) 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 Add Section 4-1.3.4 Inspection and Testing. "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: "Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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." Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, regulator and valve vaults, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SP4OF20 The Contractor shall adjust AT&T telephone and cable television utility facilities as specified in the construction documents. Edison will adjust its own facilities. The Contractor shall coordinate with Edison for these adjustments as specified in the construction documents. The Edison adjustments shall occur as early in the construction as possible and can be done prior to demolition. Adjustment of the one gas facility will be performed by the Gas Company. The Contractor shall provide the necessary survey control for Edison and the Gas Company to adjust the boxes/vaults to the final grade. Any utility boxes or vaults within '/< inch of the design grade, as determined by the Engineer, may be protected in place. The Contractor shall allow a minimum of five (5) working days for Edison adjustments if done after demolition in the alley. The Contractor will be required to coordinate with these companies for inspection of the work in advance of work to avoid potential delays to the Project Schedule. The Contractor shall perform a field review for the location and the number of existing manholes and pull boxes prior to bidding and bring any discrepancies to the Engineer's attention prior to bidding. 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: 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 the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to SP5OF20 Proceed, The Notice to Proceed is planned for April 2, 2012. The Contractor shall also adhere to the follow specific construction schedule: a. Each alley or street shall be completed within fifteen (15) working days from the first day of demolition. No more than one phase shall be under construction at any one time unless otherwise approved by the Engineer. 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. See Section 6-11 for Construction Phasing." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM, 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 PM to 6:30 PM on weekdays or 8:00 AM to 6:00 PM on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages SP6OF20 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." 6-11 CONSTRUCTION PHASING. Contractor shall follow the Construction Phasing Plan in Appendix A. Any modification from this Construction Phasing Plan shall be submitted to the Engineer for approval prior to bid opening. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a monthly $90 charge for the meter, 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. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water." 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 water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the nighttime hours of 11:00 PM to 5:00 AM 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 Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down. SP7OF20 The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718-3402." Add Section 7-8.4.3 Steel Plates 7-8.4.3 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newi)ortbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. SP8OF20 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." Add Section 7-10.2 Storage of Equipment and Materials in Public Streets 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 in advance. 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 showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners." SP9OF20 4. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 5. The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads especially once the existing asphalt surface is removed. Concrete shall be placed by pumping from adjacent streets. 6. The Contractor shall meet with Edison and determine the most efficient way for Edison to adjust its facilities and prepare a plan for review by the Engineer, and then work with Edison to adjust their facilities accordingly. The Contractor shall remove the entire alley, prepare the alley base material, and allow a minimum of five (5) working days for Edison to make adjustments if done after demolition. 7. All alleys shall be poured back within 10 working days after alley demolition, including utility adjustments by others." 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "Street Sweeping Signs" 7-10.5 Street Sweeping Signs. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Section 7-10.6 Notice to Residents and Temporary Parking Permits SP 10 OF 20 7-10.6 Notices to Residents and Temporary Parking Permits. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent 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 any construction, the Contractor shall distribute to the adjacent 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 alley, 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. In addition to the forty-eight hour notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 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. Add the following Section 7-15 - CONTRACTOR'S LICENSES and 7-16 — CONTRACTOR'S RECORD/AS BUILT DRAWINGS. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings. The "As -Built" marked -up 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. SP 11 OF 20 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, construction schedule, removal of all USA marks in the work area upon de -mobilization, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, 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 boards and changeable message signs, 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. Item No. 3 Surveying Services: Work under this item shall include establishing survey controls, construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, protection and restoration of existing monuments and other survey items as required to complete the work in place. Item No. 4 Remove and Reconstruct Sewer Main Terminal Cleanout Frame and Cover to Grade: Work under this item shall include removing and reconstructing existing sewer main terminal cleanout with new terminal cleanout, adjusting to grade, and all other work items as required to complete the work in place. Item No. 5 Remove and Reconstruct 8 -in Thick PCC Street Pavement: Work under this item shall include sawcutting along the flowline, removing existing PCC street, gutter, base and subbase, disposing of excess material, grading, compaction, constructing 8 -in thick PCC street pavement over compacted native sand per City of SP 12 OF 20 Newport Beach STD -108-L, STD -109-L, and all other work necessary to complete the work in place. Item No. 6 Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Alley Pavement: Work under this item shall include removing existing alley pavement, base and subbase, sawcutting, disposing of excess material, grading, compaction, constructing 6 -in thick of fiber reinforcement, Type III PCC alley pavement over compacted native sand per City of Newport Beach STD -141-L, installing joint filler, restoration of any private improvement damaged during construction, and all other work necessary to complete and in place. This bid item shall include removing existing depressed curb along alley pavement in Alleys 203, 205A -B as shown in typical sections on Sheet 3/24. Item No. 7 Remove and Reconstruct Type "A" PCC Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall match existing. Item No. 8 Remove and Reconstruct Type "B" PCC Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 9 Remove and Reconstruct 8 -in Thick PCC Alley Approach: Work under this item shall include removing existing improvements and constructing 6 -in Thick PCC alley approach over compacted native sand and all other work items as required to complete the work in place. Item No. 10 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -in thick PCC sidewalk, and all other work items as required to complete the work in place. Contractor shall protect in place utility vent(s) and traffic sign(s) in the work area. Item No. 11 Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Patch Back: Work under this item shall include saw -cutting, removing and disposing of the existing concrete paving, subgrade compaction, constructing the 6 -in thick of Fiber Reinforcement, Type III PCC Patch Back, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional PCC Patch Back may be required based on field review with the Engineer. SP 13 OF 20 Item No. 12 Remove Existing and Construct Galvanized Bollard: Work under this item shall include removing existing, constructing galvanized bollard per Plan Detail, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional bollards may be constructed as directed based on field review with the Engineer. Item No. 13 Remove and Reconstruct Full Depth AC: Work under this item shall include saw -cutting, removing and disposing of the existing paving, subgrade compaction, constructing full depth AC patch back, and all other work items as required to complete the work in place. Item No. 14 Remove and Replace 1 -in Water Meter Box: Work under this item shall include removing and replacing existing water meter frame and covers with new 1 -in water meter box, adjusting to grade and all other work items as required to complete the work in place. Item No. 15 Remove and Replace 2 -in Water Meter Box: Work under this item shall include removing and replacing existing water meter frame and covers with new 2 -in water meter box, adjusting to grade and all other work items as required to complete the work in place. Item No. 16 Remove and Replace Water Valve Frame and Cover: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new City of Newport Beach valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 17 Remove and Replace Survey Monument Frame and. Cover: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new survey monument frame and cover to grade and all other work items as required to complete the work in place. Item No. 18 Remove and Replace Sewer Cleanout Frame and Cover to Grade: Work under this item shall include removing and replacing existing sewer cleanout with new sewer cleanout, adjusting to grade, and all other work items as required to complete the work in place. Item No. 19 Remove and Replace Street Light Pull Box to Grade: Work under this item shall include removing the existing pull box and installing a new #3'/2 F concrete pull box per City of Newport Beach STD -204-L. Item No. 20 Adjust Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade and all other work items as required to complete the work in place. Manhole includes sewer manhole, and storm drain manhole. SP 14 OF 20 Item No. 21 Adjust Telephone Pull Box to Grade: Work under this item shall include adjusting telephone 24 -in deep pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 22 Adjust Cable TV Pull Box to Grade: Work under this item shall include adjusting Cable TV 24 -in deep pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 23 Remove and Reconstruct PCC Cross Gutter: Work under this item shall include removing existing improvements and constructing PCC cross gutter per applicable portion of City of Newport Beach STD -185-L, and all other work items as required to complete the work in place. Item No. 24 Remove and Reconstruct PCC Driveway Approach: Work under this item shall include removing existing improvements and constructing PCC driveway approach per applicable portion of City of Newport Beach STD -162-L, STD -163-L, and all other work items as required to complete the work in place. Item No. 25 Install Striping, Pavement and Curb Markings: Work under this item shall include removing and installing traffic striping, markings and markers and all other work items as required to complete the work in place. Contractor shall perform inventory of all striping, pavement markings, curb markings in the work area, submit to the Engineer for verification and approval. Item No. 26 Remove, Restore and Install Existing Sign on New Post: Work under this item shall include removing existing sign, restoring, and installing existing sign on new 2" square Unistrut with 2-1/4" Unistruct base in 12"x12"x18" deep concrete footing, all other work items as required to complete the work in place. Item No. 27 Remove and Reconstruct Curb Access Ramp, Case "H": Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp per City of Newport Beach STD -181 -L -B, Case "H", installation of raised truncated domes, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be `Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. Item No. 28 Remove and Reconstruct Curb Access Ramp, Case "J": Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp per City of Newport Beach STD -181 -L -B, Case "J", installation of raised truncated domes, and all other work items as required to complete the work in place. Raised SP 15 OF 20 truncated domes shall be dark grey colored and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. Item No. 29 Construct "B" PCC Curb, 8 -inch Curb Face: Work under this item shall include removing and disposing of the existing pavement, compacting subgrade, constructing curb and all other work items as required for performing the work complete and in place. Item No. 30 Prepare Soil for Landscaping: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for providing 2 -ft of top soil, soils testing, preparing an agronomic soils report, and soils preparation based on recommendations from the report for planting and all other work items as required to complete and in place. Item No. 31 Install 1 -in Water Service with Backflow Prevention Assembly: Work under this item shall include furnish and install a 1 -in water service per STD -502-L with a backflow prevention assembly per detail on Sheet 30/31, all other work items as required to complete the work in place. Item No. 32 Construct 8 -inch Drainage System on Sheet 31/31: Work under this item shall include removing 2 existing grated inlet structure; furnishing and constructing new 25'x40" grate inlet with 12 -inch perforated pipe in washed rock; 8 -inch N-12 ADS Pipe; 2 junction structures, installation of 6 -inch water main inverted siphon and air vac and other work items as required to complete the work as shown on Sheet 31/31. City shall provide grate and manhole frames. Contractor shall provide a breakdown or schedule of values of this bid item prior to the pre -construction meeting. Item No. 33 Remove All USA Markings and Restore Pavement Surface: Work under this item shall include removing all USA markings and restore pavement surface in the work area to the satisfaction of Engineer. An amount of $1,000 is determined for this bid items. The intent of this pre-set amount is to emphasize to the Contractor the importance of removing USA markings. Item No. 34 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer for review prior to request for pay. An amount of $3,000 is determined for this bid items. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 16 OF 20 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, Grade C pump mix per Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. In addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used for alley pavement. Contractor shall use minimum 4 inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of pumping required distances with 1 inch hard rock concrete for the Engineer's approval." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK [cZ�Z�1Si [y � x_1:1 I ► [H911 �Zei :i�J -] -] I � [e] 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 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 for Public Works Construction SP 17 OF 20 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 shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directd by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 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-Y2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 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 and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "The asphalt concrete (AC) used for surface caps shall be III -C3 -AR -4000. The AC for base course shall be III -62 -AR -4000. All cracks '/-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and SP 18 OF 20 trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing AC and PCC surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until PCC has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Contractor shall use minimum 4 inch hard rock pump. Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement. Newly poured PCC improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.4 Joints 303-5.4.1 General. Add to this section: 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, unless notice otherwise, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. The contractor shall saw cut weakened plane joints adjacent to both sides of all utility vaults or pull boxes perpendicular to the alley from edge of gutter sawcut/cold joint to property line, in the same manner as required in City of Newport Beach Std. -141-L. All sawcuts shall be made to a depth of 2 inches." SP 19 OF 20 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back AC, PCC and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Thermoplastic. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. SP 20 OF 20 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 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thremoplastc striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section 310-5.6.11 Pavement Markers 310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non-feflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." F:\Users\PBW\Shared\Contracts\FY10-11\Ocean Front Alley Replacement 14th -21st C-4316\SPECS C-4316.doc APPENDIX "A" CONSTRUCTION PHASING PLAN Note: This Construction Phasing Plan is in color. For a digital copy, email: FTran@NewportBeachCa.gov CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3-05-12 Dept./Contact Received From: Shari Rooks Date Completed: 3-05-12 Sent to: Shari By: Joel Company/Person required to have certificate: Hillcrest Contracting Type of contract: All Other f. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10-01-11/10-01-12 A. INSURANCE COMPANY: Old Republic General Ins. Corp B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement . include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10-01-11/10-01-12 A. INSURANCE COMPANY: Old Republic General Ins. Corp B. AM BEST RATING (A-: VII or greater) A: IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ' ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10-01-11/10-01-12 A. INSURANCE COMPANY: Old Republic General Insurance Corp B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 3 -OS -12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ED N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No /R�■M RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. OP ID: JR CERTIFICATE OF LIABILITY INSURANCE OAT021811 Y Y, .02/228/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 949-553-9800 NAOMEACT The Wooditch Company Insurance 949.553-0670 Services, Inc. PHONE FAX IAIC. No. Exit- AIC No E-MAIL 1 Park Plaza, Suite 400 Irvine, CA 92614PRODUCER Marc Ramirez CUSTOMER,ii,HILLCIRE INSURERS AFFORDING COVERAGE NAIC tt INSURED Hillcrest Contracting, Inc. INSURER A: Old Republic General Ins. Corp24139 ROB Mar Equipment Co. Inc. INSURER B: Great American Ins. Co. 1467 Circle City Drive Corona, CA 92879-168 INSURER C INSURER D: INSURER E: 10/01/12 INSURER F: one erson $ 5,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADOLINSR INSR POLICY NUMBER MMIDDYIYYNY POLICY UP LIMITS GENERAL LIABILITY RENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X AlCG93281100 10/01/11 10/01/12 E.enca E 100,000 one erson $ 5,000 PERSONALADV INJURY E 1,000,000 ffAGGREGATE X COD1raCtLIBl Liab. REGATE E 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: COMP/OP AGO S 2,000,000 E POLICY X PRO LOC A AUTOMOBILE X LIABILITY ANY Auro AlCA93281100 10/01111 10/01/12 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ ALLOWNEDAUTOS BODILY INJURY (Per accident) S SCHEOULED AUTOS HIREDAUTOS PROPERTY DAMAGE (Peracddent) S E NON-OWNEOAUTOS S UMBRELIALIAB X OCCUR EACH OCCURRENCE E 4,000,000 AGGREGATE E 4,000,000 B X EXCESS UAB CLAIMS -MADE 700025300300 01131112 10/01/12 DeoucrleLE s S RETENTION S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPMETOR(PARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatary in NH) NIA NIA X 10/01111 10/01112 XI WCSTATUUMIT� I OTH- E.L. EACH ACCIDENT 5 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 II yes, descdtie under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAttach ACORD 101, Additional Remarks Schedule, If more space is required) *Except 10 Days Notice of Cancellation for Non -Payment of Premium. RE: Peninsula Point Alley Replacement; Contract No. 4627. City of Newport elected or appointed officers, agents, officials, employees and volunteers are named as Additional Insureds as respects General Liability ,nits er attached endorsement. SEE NOTES' Iai /wcwv NEWPORT City of Newport Beach Public Works Department 3300 Newport Blvd. PO Box 1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AlCG93281100 COMMERCIAL GENERAL LIABILITY GG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Opera - tions ( WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Information required tocomplete this Schedule if not shown above will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury^ or "property damage" caused, in whole or in pad, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © 130 Properties, Inc., 2004 Page 1 of 1 11 POLICY NUMBER: Al CG93281100 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) WHERE REQUIRED BY WRITTEN CONTRACT. A. Section II — Who Is An Insured is amended to include as an additional Insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) al the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainten- ance or repairs) to be performed by or on be- half of the additional insured(s) at the localion of the covered operations has been completed: or 2. That portion of "your work" out of which the injury or damage arises has been put to Its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION 'CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s) of Covered Operations Or Organization(s): As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described In paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Hillcrest Contracting, Inc. AlCG93281100 1 Endorsement No. Policy Number Policy Period 10101/2011-10/01/2012to Endorsement Effective Date: 10/01/2011 Producers Name: Producer Number: I AUTHORIZED REPRESENTATIVE DATE CG EN ON 0029 0906 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: We have the right to recover Our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named In the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured Hillcrest Contracting, Inc. Policy Number AlCW9328110 Endorsement No. 000 -Policy Period O/O. 1- Z Endorsement Effective Date: 10/01/11 Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: 0000007000 AUTHORIZED REPRESENTATIVE WC 99 03 t5 (01/07) 10/01111 DATE BALBOA BLVD, BALBOA BLVD. F- --- ---- -- — -- —Ce -----------------, \ ALLEY 203 ALLEY 206 - I I I 1 \ I I } I \ 4 \ 10 \ \ -----11 I I I PLAZA DEL NORTE wCD El I I 141 2 04 I J J \ 12 \ D I w • :1, 1 I 13I 1 ` 2 I - PHASE 1 - PHASE 2 - PHASE 3 - PHASE 4 - PHASE 5 ® PHASE 6 PHASE 7 co G SHEET INDEX (FOR REFERENCE ONLY) 22 TITLE SHEET 16 ALLEY 210B F2 23ISTREET30 17 ALLEY 205B H---1 TYPICAL SECTIONS AND DETAILS MIRAMAR DR. ❑4 ALLEY 202-A 19 ALLEY 208-A F51ALLEY " 20 ALLEY 208-B L" ALLEY 202-8 21 ALLEY 207 F7 ALLEY 202-B/C I ® �_______I 23 "I' STREET n9 I L BALBOA BLVD, BALBOA BLVD. F- --- ---- -- — -- —Ce -----------------, \ ALLEY 203 ALLEY 206 - I I I 1 \ I I } I \ 4 \ 10 \ \ -----11 I I I PLAZA DEL NORTE wCD El I I 141 2 04 I J J \ 12 \ D I w • :1, 1 I 13I 1 ` 2 I - PHASE 1 - PHASE 2 - PHASE 3 - PHASE 4 - PHASE 5 ® PHASE 6 PHASE 7 co G SHEET INDEX (FOR REFERENCE ONLY) ❑1 TITLE SHEET 16 ALLEY 210B F2 SHEET INDEX 17 ALLEY 205B 3❑ TYPICAL SECTIONS AND DETAILS 18 ALLEY 209 ❑4 ALLEY 202-A 19 ALLEY 208-A F51ALLEY 202-A 20 ALLEY 208-B © ALLEY 202-8 21 ALLEY 207 F7 ALLEY 202-B/C 22 MIRAMAR DRIVE ® ALLEY 202-C/D 23 "I' STREET n9 ALLEY 202-D 24 "L" STREET 10 ALLEY 203 25 'M" STREET 11 ALLEY 206 26 "M" STREET 12 ALLEY 204 27 SEVILLE AVENUE 13 ALLEY 204/211 28 GRANADA AVENUE 14 ALLEY 211 29 SERRANO AVENUE 15 ALLEY 210-A P-1 "I" STREET AT BALBOA BLVD. 31 ALLEY 205-B DRAINAGE IMPROVEMENTS 25 26 "M"STREET F---� \ I I \ I 1 I \ \ II II \ LLl l I N ❑ 18 I Q I I i I \ 19 0,9 W I I Q IU) > w ! I II 29 ALF\ \ \ 28 \ \ 27 I LL E A — \ 20 �� y I ` 2o7 1 z m 21 'LEYSE63`\ � \ losq ',VILLE AVE �- \ 15 q�LEY20s \ ` r 20 2`C A4- _ — — D - AMgR o❑ W OCEAN BLVD --- C-4627 It CITY OF 1 3 2ilt2 m NEWPORT BEACH D D D City Council Staff Report Agenda Item No. 4 March 13, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Frank Tran, PE APPROVED: ib,� 4 1L� TITLE: Peninsula Point Alley Replacement — Award of Contract No. 4627 ABSTRACT: With the final utility pole removal and completion of the utility undergrounding in the Peninsula Point neighborhood, staff now requests City Council approval to award the Peninsula Point Alley Replacement project to Hillcrest Contracting, Inc. as the final improvement phase of Assessment District 103. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4627 to Hillcrest Contracting for the total bid price of $1,617,335.00, and authorize the Mayor and the City Clerk to execute the contract. Establish an amount of $242,665.00 (15%) to cover the cost of unforeseen work and anticipated additional curb and gutter not included in the original contract. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this contract. Sufficient funds will be available in the following accounts for the project: Account Description AD -103 Street Rehabilitation AD -103 Construction Contingency Water Enterprise Fund Wastewater Enterprise Fund General Fund Account Number 74103-9804 74103-9805 7511-C2002040 7541-C2002040 7013-C2002040 Amount $977,545.00 42,608.00 474,792.00 55,364.00 336.691.00 Total $1,887,000.00 Peninsula Point Alley Replacement —Award of Contract No. 4627 Proposed uses are as follows: Vendor Hillcrest Contracting, Inc. Hillcrest Contracting, Inc. Harrington Geotechnical Various DISCUSSION: Purpose Construction Contract Construction Contingency Geotechnical Services Printing and Incidentals March 13, 2012 Page 2 Amount $ 1,617,335.00 242,600.00 24,927.00 2,138.00 Total: $ 1,887,000.00 At 10:00 A.M. on February 22, 2012, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $1,617,335.00 $1,709,050.00' $1,889,355.00 $1,937,350.00 $2,050,000.00 $2,177,777.00 Inc $1,293,293.00 $2,541,992.00 Bid read as $1,708,607.00 The total low bid amount is 43% lower than the Engineer's Estimate of $2,850,000. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Hillcrest Contracting, Inc., (Hillcrest) possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Hillcrest's references indicates satisfactory completion of similar projects for other public agencies. Given the favorable project unit prices by Hillcrest, staff recommends establishing a fifteen percent (15%) contract contingency to be included in the contract award, totaling $242,665.00. These added funds will provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete curb, gutter, sidewalk and pavement rehabilitation work within the project limits. The work necessary for the completion of this contract consists of removing the existing asphalt and concrete alleys and streets, constructing new concrete alleys and street pavement, installing and upgrading corner access ramps, adjusting utilities covers to grade and performing other appurtenant and incidental items of work as required. The alley replacement included in this contract is the final work effort for the Assessment District 103 19 BIDDER Low Hillcrest Contracting, Inc. 2 GSCI (Golden State) 3 Kalban, Inc. 4 Grigolla & Sons Const. 5 All American Asphalt 6 La Strada Contracting 7 EBS General Engineering 8 Martinez Concrete, Inc. TOTAL BID AMOUNT $1,617,335.00 $1,709,050.00' $1,889,355.00 $1,937,350.00 $2,050,000.00 $2,177,777.00 Inc $1,293,293.00 $2,541,992.00 Bid read as $1,708,607.00 The total low bid amount is 43% lower than the Engineer's Estimate of $2,850,000. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Hillcrest Contracting, Inc., (Hillcrest) possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Hillcrest's references indicates satisfactory completion of similar projects for other public agencies. Given the favorable project unit prices by Hillcrest, staff recommends establishing a fifteen percent (15%) contract contingency to be included in the contract award, totaling $242,665.00. These added funds will provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete curb, gutter, sidewalk and pavement rehabilitation work within the project limits. The work necessary for the completion of this contract consists of removing the existing asphalt and concrete alleys and streets, constructing new concrete alleys and street pavement, installing and upgrading corner access ramps, adjusting utilities covers to grade and performing other appurtenant and incidental items of work as required. The alley replacement included in this contract is the final work effort for the Assessment District 103 19 Peninsula Point Alley Replacement — Award of Contract No. 4627 March 13, 2012 Page 3 Underground Utility District. In addition, an 8 -inch drainage system will be constructed to remedy historic flooding at the sump in the middle of Alley No. 205 (between "M" Street and Channel Road, Seville Avenue and Miramar Drive). Pursuant to the Contract Specifications, the Contractor will have 100 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (maintenance activities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents will be notified prior to the start of the project. Submitted by: Stephev( . Badum Publi orks Director Attachment: A. Project Location Map 9 '. Ana en—w--.,Q I i o; ,. ".. A LOCATION MAP id. PENINSULA POINT ALLEYS REPLACEMENT2— PROJECT LIMITS fsr H ®®- G e� �® j CHANNEL RD. POPS o ¢ II A L 2b8 B PSE 0 h \ v / �"' F:\Users\PBW\Shored\Conlrocts\FVIO—II\Peninsula Point May Replacement C-4627\DESIGN