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Home My WebLink AboutC-9417-1 - West Coast Highway Joint Manhole and Valve Adjustmentsl� -r- CITY OF NEWPORT BEACH v NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 13th day of December, 2023, at which time such bids shall be opened and read for WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 $1,000,000 Engineer's Estimate cgca Foa�'�r !' Approved by �1'James M. Houlihan Doputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?Compan ID=22078 Contractor License Classification(s) required for this project: "A" For further information, call Patrick Arciniega, Project Manager at (949) 644.3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE. https:i/www newportbeachca gov/govemment/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 TABLE OF CONTENTS Cover INSTRUCTIONSTO BIDDERS ...................................................................................... � BIDDER'S BOND ----------------.,.~-----------...^-----' � DESIGNATION OF SUBCONTRACTOR(S) .-_..-.---.------.----.— ........ TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ M NON -COLLUSION AFFIDAVIT �'-----.' '-------------~... 1� DE8K�N/�[\[)NDF8UF�ET|E8 --'--------'..—'----'.----.. 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........... ........................................ 15 ACKN{�VVLE�JGEW1ENT(�FADDENDA ---------------------'-- 1O INFORMATION REQ0F7E[>[)F R|[>OER----------------------- 1S NOTICE TO SUCCESSFUL B|C)C>ER-----------------.-------' 21 C[)NTRACT--....—.---.---.-------~-...-.........^.-^..^—..~—~..—. 22 LABOR AND MATERIALS PAYMENT B{}N[} .--.....----------'Exhibit A FAITHFUL PERFORK8/�N<�EBC}WO '—.---..----.~-.^-.--------' Exhibit � INSURANCE REQUIREMENTS ................................................................. ��C PR-1 8P'1 SPECk\LPRC�V|S|{JN8—.-..�..--...^^.-.~..~.~..~.~----.—^—.—.--.--.—. 2 City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Cleric's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) 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; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 210 Floor of the Civic Center (Located at 100 Civic Center Dr.) 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. Original copies must be submitted to the City Cleric's Office. 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. 3. 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. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. 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, 3 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. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13, 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. 14, Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains. the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. -782908 CLASS A & C12 Contractor's License No. & Classification 1000004235 06/30/2025 DIR Registration Number & Expiration Date R.J. NOBLE COMPANY Bidder X Authorized, ignatu !i t AC°B BREfiDl.avl >I:CRF.TARY 12-13-2023 Date CitV of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 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 the amount bid --------------- ---- ---------- Dollars ($ 1 0°lo ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of West Coast Highway Joint Manhole & Valve Adjustments, Contract No. 9417-1 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 21st day of November 2023. R.I. NOBLE COMPANY Name of Contractor (Principal) nature/Title s at'3x sRUDt uvr„ SECRETARY Western Surety Company - Name of Suretyunature Park Plaza, Suite 4Q0 Irvine. C'A 92614 Lames Scott Salandi Attorney -in fact Address of Surety Print Name and Title 949-399-4970 Telephone (Notary acknowledgment of Principal & SUretV must be attached) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE 11/27/2023 On before me, ore personally appeared JACOB BREEDLOVE J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Nome(s) of Signer(s) 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/sheAbey executed the same in hisAiefAhek authorized capacity(ies), and that by his/ber/Aheir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. J. DEIONGH Notary Public - California =j OrvV County Cornmiuion 4 2468114 �' My Comm. Expires Oct 28, 2027 Place Notary Sea! and/or Stamp Above 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. LL Signatur Signature of Notary Public OPTIONAL — -- E Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document i Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): o Partner - ❑ Limited ❑ General ❑ Individual o Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: I�BIF19888E 02018 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that in hislher/their authorized capacity(ies), and that by his/her/their the person(s). or the entity upon behalf of which the person(s) ay I certify under PENALTY OF PERJURY under the laws of paragraph is true and correct. WITNESS my hand and official seal. Signature INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Langua Type of Satisfactory Evidenc Personally Known w Paper Identification Paper Identification Credible Witness s) Capacity(ies) claimed y Signer(s): Trustee /, Power of A rney CEOICF 1C00 Preside r vice -President / Secretary / Treasurer Other: Other Infor ation. �h(s) whose name(s) israre he/they executed the same atures(s) on the instrument executed the instrument. of California that the foregoing (seal) Thumbprint of Signer 101 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that in his/her/their authorized capacity(ies), and that by his/her/their the person(s), or the entity upon behalf of which the person(s) -�t I certify under PENALTY OF PERJURY under the laws of tl paragraph is true and correct. WITNESS my hand and official seal. Signature OWLEDGMENT A notary public or other officer comfSleting this certificate verifies only the identi'of the individual who signed the document to which this certificate is attached, and not the truthfulrss, accuracy, or validity of that document. / State of California County of On j SS. 20 before me, Notary Public, perso Ily appeared who proved to Vahoirized the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to thin instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s),entity upon behalf of which the person(s) acted, executed the instrument. sof (s) whose name(s) is/are She/they executed the same natures(s) on the instrument , executed the instrument. of California that the foregoing (seal) I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrapl is true and correct. WITNOS my hand and official seal. ignature (seal) ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of San Bernardino Onbefore me, Tina Downey{HNotary Public t eon�r personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the personN whose nameN is re subscribed to the within instrument and acknowledged to me that e she/they executed the same inQ i her/their authorized capacity('10q. and that by is her/their signature(s�on the instrument the person, or the entity upon behalf of which the personKacted, 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 Seat) TINA DC'WNE'! Notary Public • Cadfofnla San Bernarcino Cacnty Commission * 2383319 \ My Ccrnm. expires Vcv 21. 2025 r ennlTlnNAL OPTIONAL INFORMATION INSTRUCTIONS FOR rnia laI,ETIIVG TIiiS FORM f' � with current California statutes regarding notan, wording and. DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title a descr ption of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) O Partner(s) p Attorney -in -Fact E] Trustee(s) G Other 2Yw V::�sion :;w,�r, PdutaryC4a�se5.a1,��uu-3�,:�-9iaii+ Innis frtrrrt comp tes ifneeded. should be completed and attached to the document. Acknohredgents from other Buttes nray be corpleted for documents bertrg sent to that state so long as the wording does not require the California notary to viotate C'alifanrin notary Icnr. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears Mthin his or her commission followed by a comma and then your title (notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossinc off incorrect forms (i.e- helshc/Owy,- is fare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • the notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges. re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed document with a staple Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attorney(s)in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June, 2021. �} WESTERN SURETY COMPANY aul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 24th day of June, 2021, before me personally came Paul T. Bruflat, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M. BENT ^: March 2, 2026 `— M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporationCCpnnnted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7W IL of /V �%`�4tt ?v 23 WESTERN SURETY COMPANY >z L. Nelson, Assistant Secretary Forth F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By-I.sw ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers ofAttorney or other obligations of the oorporation. The signature of any such officer and the corporate seal may be printed by facsimile. City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT 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 subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. R.J. NOBLE COMPANY City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name R.J. NOBLE COMPANY 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) for pavement related projects only in the past 5 years in excess of $300,000, provide information in the following sections. Please see Special Provisions Section 2-1 for detailed experience record/reference requirements. No. 1 MEREDITH CANYON STREETS CIP 19101 Project Name/Number STREET IMPROVEMENTS Project Description Approximate Construction Dates: From Agency Name Contact Person k11'rY OF SAN JUAN CAPISTRANO PAUI, MF.SHKIN 06/2020 To. Telephone ( 949) 443-6350 36,382.50 3,136,382.50 Original Contract Amount $ ' Final Contract Amount $ If final amount is different from original, please explain (change orders. extra work. etc.) NONE. TO 1UTOR"I 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. 10 No. 2 CRESCENT AVENUE PAVEMENT REHABILIATION Project Name/Number Project Description I'`'vEMEN'r REHABILITATION Approximate Construction Dates: From 11/22020 To: 02/2021 Agency Name CITY OF BUENA PARK Contact Person NABII. S. HENEIN Telephone (714) 562-3670 1,103,196A0 1,104,902.25 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA 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. 3 PAVEMENT REHAB OF NIGUEL, ROAD CC 20-10 Project Name/Number PAVEMENT REHABILITATION Project Description Approximate Construction Dates: From 0112021 To: 0512021 CITY OF LAGUNA NIGUEL Agency Name Contact Person JOHN PRAM Telephone (949) 362-4335 809,326.89 1,832,72 5.89 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work,. etc.) CHANGE ORDER Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ill No. 4 PAVEMENT REHAB OF YNEZ ROAD PW 18-01 Project Name/Number Project Description PAVEMENT REHABILITATION 04/2021 Approximate Construction Dates: From rl Y OF TEMECULA Agency Name Contact Person CHRIS WRITE. To: 07/2021 Telephone (911) !t2t 016,058.25 1,068,7 1 I x 1 1 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA 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. 5 OLD RIVER SCHOOL ROAD PAVEMENT REHAB Project Name/Number Project Description PAVEMENT REHABILITATION 07/2021 Approximate Construction Dates: From 11f202" To: Agency Name CITY OFDOWNEY Contact Person DESIGUTIERREZ Telephone ( 562) 90471t0 289,636.24 2,360,587.72 Original Contract Amount $ -' Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) CHANGEORDER 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. 12 No. 6 PY 20/21 ARTERIAL REHABILITATION CC 1595 Project Name/Number Project Description ARTERIAL STREET REIIABILITATION Approximate Construction Dates: From 02/2021 To: 10i2021 Agency Name (:ITY OF IIUNTINGION BLAUI Contact Person jOHN MARTIN Telephone (714) 715-9210 t 171,848.50 3,211,l1494.16 Original Contract Amount $ - Final Contract Amount $ If final amount is different from original, please explain (change orders. extra work. etc.) ADDED STRIPING CHANGE ORDER Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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's current financial conditions. R.J. NOBLE COMPANY - Bidder Authorized ignat e JAC.OB BR EDLOVE, SE I TARY pFr- R.I. NOB!LCompa Chuck Spiers 15505 E. Lincoln Ave. Orange, CA 92865 Office: (714) 637-1550 Email: chuckspiers@rjnoblecompany.com EXPERIENCE General Superintendent R.J.Noble Company, Orange, CA, 2003 - Current - Plan, direct, and manage designated projects - Ensure that objectives are accomplished in accordance with outlined priorities - Oversee daily job operations for multiple projects Foreman R.J.Noble Company, Orange, CA, 2000 - 2003 - Delegate responsibilities and designed time schedules - Order material & equipment on a daily basis Operator Matich Corp., San Bernardino, CA 1989-2000 EDUCATION High School - Hemet High School, Class of 1988 PROFESSIONAL CPR Certified, Expires 01/2018 TRAINING & CERTS Fundamentals of Successful Project Management, 02/2014 RECENT ACCOMPLISHMENTS Recently Completed Projects for RJ Noble - City of Huntington Beach Argosy, Yorktown & 6th St - City of Irvine Street Rehab - City of Huntington Beach Main, Talbert & Heil - Port of Long Beach Pier F Cutoff Wall Dec-15 Contract Amount: $1,800,000 Oct-15 Contract Amount : $5.1 million Feb-17 Contract Amount: $2.6 million Sep-16 Contract Amount: $4 million City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 NON -COLLUSION AFFIDAVIT State of California ss. County ofE JACOB BREEDLOVE being first duly sworn, deposes and says that he or she is SECRETARY of R. - NOBLE COMPANl , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person. partnership, company, association organization.. or corporation: that the bid is genuine and not collusive or sham, that party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company. association, organization, or corporation, that the bid is genuine and not collusive or sham. that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price. or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not.. directly or indirectly.. submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation. partnership, company association, organization.. bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Cal' rnia at the foregoing is true and correct. R.J. NOBLE COMPANY Bidder Author' d l ig atur Title JAC,OB BREEDLOVE,, SECRETARY n , 2023 Subscribed and sworn to (or affirmed) before me on this day of by ':1i UB BRLLDLM, 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. Notary Public J. DEIONGII [SEAL] 10/28/2027 My Commission Expires: J. DEIONGH =G�= Notary Public • California Orange County 1 CommMion # 2468114 %My Comm. Expires 0a 28, 2027 14 City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Bidder's name Contract No. 9417-1 DESIGNATION OF SURETIES R.J. NOBLE COMPANY 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): WESTERN SURETY COMPANY, 2 PARK PLAZA SUITE 400, IRVINE, CA 926144 SCOTT SALANDI 949-486-7917 15 City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Bidder's Name Contract No. 9417-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL R.J. NOBLE COMPANY Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for I for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts 38 74 as 76 70 )o 433 Total dollar Amount of Io2 $137 $7I $93.5 $sl.s $95 $sso Contracts (in ILL ION MILLION MILLION MILLION MILLION MILLION MILLION Thousands of $ No. of fatalities ! i NONE -- ----------- ----------- ----------- ---------- ---------- ---NONE No. of lost Workday Cases NONE -- ---------- ------------------------ ---------- ---------- ---NONE No, of lost workday cases involving permanent NONE - ---------- ------------------------ ---------- ---------- ---NONE transfer to another job or i termination of employment X,. --I,, +n a rnrir- The information required for these items is the same as iE:gUHGu i0i %,vlu ,,,— v •� Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. MP I Us Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and R.J. NOBLE COMPANY 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 792908 CLASS A & C12 Classification. _. JACOB BREEDLOVE, SECRETARY Title h The above information was compiled from the r cor t are available to me at this time and I declare under penalty of perjury that the infer ation is true and accurate within the limitations of those records. Signature of bidder Date 12/13/2023 Title STEVEN L. MEOOZA. VICE PRESIDENT Signature of bidder Date �12113/20 Title JACOB i VE, SECRETAYR 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 Public, who must certify that such individuals, partners/joint ventures, 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 ATTACHED] 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Qnr,,�F _ 1 121312023 On Dote before me, STEVEN L. MENDOZA personally appeared DEIONGH, NOTARY PUBLIC Here insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/she/#" executed the same in hi&+efAbeif authorized capacity(ies), and that by his/herhhoir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(Q acted, executed the instrument. J. DE04H l .^ Notary Publk - Califofnia x Orange County %s (.ommiSsion 4 2468114 My Comm. Expires Oct 28, 2027 Place Notary Seal and/or Stamp Above 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 a d official seal. Signature Signature of Notary Public V1, I WMAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n r)thpr Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Sys C2018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ®eeBvser� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of DRANGF: 12/ 13 /2023 On before me. Date personally appeared JACOB BREEDLOVE J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/harltheir 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 r+o�Nblk California paragraph is true and correct. county :s Commiuwn st 2468114 WITNESS my hand and official seal. iAy Comm empires Oct 28' 1027 Signature Place Notary Seal and/or Stamp Above Signoture of Notary Public OPTIONAL — -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual o Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n 0ther Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Bidder's name Contract No. 9417-1 ACKNOWLEDGEMENT OF ADDENDA R.J. NOBLE COMPANY 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 i 18 City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 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: Business Address 15505 E. LINCOLN AVENUE., ORANGE, CA 92865 714-637-1550 Telephone and Fax Number: R.J. NOBLE COMPANY California State Contractor's License No. and Gass: 82908 CLASS A & C 12 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 08/3112024 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: tiTF.VEN I.. MENDOZA, VICE. 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 R.J. NOBLE COMPANY A CALIFORNIA CORPORATION 1550 E, LINCOLN AVE., ORANOL-, (-,A 92865 7 k 6371550 nUC'FIN M_ CARVER, PRESIDENT KASONDRA C. GONZALEZ, VICE PRESIDENT STEVEN L. MENDOZA, VICE PRESIDENT IACOB BREEDI.OVE, SECRETARY TAMES N. DUCOTE, C.F.O. CALIFORNIA Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses: Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor mpl nce (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye / No f f 20 Are any claims or actions unresolved or outstanding? Yes oNo If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. AUSTIN M. CARVER, PRESIMNP (Print name of Owner or President of Corporation/Company) r R.j N1BI f. CCIMPANY Bidder Authorized VigrECRETARY 'TitleJACOB BREEDI Title 12-13-2023 Date 12-13-2023 i. DEIONGH , Notary Public, personal) appeared On before me, ry y JAC;OB BREEDLOVE, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) J. DEIONGH Nota Public for said State Notary Public o County ry � ;� �-..' I Orange County J. DLIt)NG[I Commission 0 2468114 �My Comm, Expires Oct 28, 2027 My Commission Expires W City of Newport Beach West Coast Highway Joint Manhole & Valve Adjustments (9417-1), bidding on 12/13/2023 10.00 AM (PST) Page I of 4 Printed 12113/2023 Bid Results Bidder Details Vendor Name R.J. Noble Company Address 15505 E. LINCOLN AVENUE ORANGE, California 92865 United States Respondee Jennifer De Iongh Respondee Title CONTRACT ADMINISTRATOR Phone 714-637-1550 Email jenniferdeiongh@rjnoblecompany.com Vendor Type CADIR License # 782908 CADIR 1000004235 Bid Format Electronic Submitted 12/13/2023 9:46 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 353770 Respondee Comment Buyer Comment Attachments File Title BID SUBMITTAL C-9417-1 RJ NOBLE CO.pdf BID BOND C94171 RJ NOBLE.pdf BID BOND C 94171 Fed Ex.pdf File Name BID SUBMITTAL C-9417-1 RJ NOBLE CO.pdf BID BOND C94171 RJ NOBLE.pdf BID BOND C 94171 Fed Ex.pdf File Type General Attachment Bid Bond Bid Bond PlanetBids City of Newport Beach West Coast Highway Joint Manhole S Valve Adjustments (9417-1), bidding on 12/13/2023 10.00 AM (PST) Page 2 of 4 Printed 12/13/2023 Subcontractors No Subcontractors PlanetBids City of Newport Beach Page 3 of 4 West Coast Highway Joint Manhole & Valve Adjustments (9417-1), bidding on 12/13/9_02310.00 AM (PST) Printed 12/13P2023 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $922,925.00 1 Mobilization, Demobilization, and Cleanup LS 1 595,000.00 S95,000.00 Yes 2 Traffic Control LS 1 $220,000.00 $220,000.00 Yes 3 Remove and Install New Water Valve Box and Cover to Grade EA 111 $1,325.00 S147,075.00 Yes 4 Remove and Install New Sewer Cleanout Box and Cover to Grade EA 9 $1,325.00 $11,925.00 Yes 5 Adjust City of Newport Beach Sewer Manhole Frame and Cover to Grade EA 33 $1,200.00 539,600.00 Yes 6 Adjust OC SAN Sewer Manhole Frame and Cover to Grade EA 103 53,250.00 $334,750.00 Yes 7 Adjust OC SAN Valve Box to Grade EA 15 $1,325.00 $19,875.00 Yes 8 Adjust Storm Drain Manhole Frame and Cover to Grade EA 1 51,200.00 $1,200.00 Yes 9 Locate, Remove and Install New Sewer Chimney or Cleanout Box and Cover to Grade EA 19 $1,500.00 S28,500.00 Yes 10 Locate, Remove and Install New Water Valve Box and Cover to Grade EA 9 $1,500.00 S13,500.00 Yes 11 Locate and Adjust City of Newport Beach Sewer Manhole Frame and Cover to Grade EA 1 $1,500.00 $1,500.00 Yes 12 Provide As -Built Plans LS 1 $10,000.00 $10,000.00 Yes City of Newport Beach West Coast Highway Joint Manhole & Valve Adjustments (9417-1), bidding on 122/13/2_023 10.00 AM (PST) Page 4 of 4 Printed 12/13/2023 Line Item Subtotals Section Title Section 1 Grand Total Line Total $922,925.00 $922,925.00 PlanetBids WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS CONTRACT NO. 9417-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 9th day of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and R.J. NOBLE COMPANY, a California corporation ("Contractor"), whose address is 15505 E Lincoln Ave, Orange, CA 92865, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: the work necessary for the completion of this contract consists of locating, lowering and, raising to finished grade, utility (sewer, water and storm drain) manholes, valve boxes, chimneys and/or cleanouts for both the City of Newport Beach and OC SAN; this work is to be performed in conjunction with the pavement rehabilitation by Caltrans between, Jamboree Road and the Santa Ana River bridge along West Coast Highway in Newport, Beach, California (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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 Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9417-1, 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"), all of which are incorporated herein by reference. 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. 2. 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. 3. COMPENSATION 3.1 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 Nine Hundred Twenty Two Thousand Nine Hundred Twenty Five Dollars ($922,925.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Jennifer De Longh to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. R.J. Noble Company Page 2 6. NOTICE OF CLAIMS 6.1 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 R.J. Noble Company Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jennifer De Longh R.J. Noble Company 15505 E Lincoln Ave Orange, CA 92865 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. R.J. Noble Company Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. 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 or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the R.J. Noble Company Page 5 job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), R.J. Noble Company Page 6 demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' 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, reckless, 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 for any or all of them). 16.4 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 attorneys' 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 Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 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. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. R.J. Noble Company Page 7 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, R.J. Noble Company Page 8 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. 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 R.J. Noble Company Page 9 local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. 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. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] R.J. Noble Company Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: (/may Date: ZlZo z By: JA � 4 (o,,, By: A r n C. Harp �'�� Will O'Neill City Attorney ��y� Mayor �y ATTEST: 2' Date: By: fI�.�I.r1�11 rown City Clerk �tIt: oaEop CONTRACTOR: R.J California corporation Date: Bv: Noble Company, a Signed in Counterpart Steven Mendoza Vice President Date: Signed in Counterpart By: Jacob Breedlove Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements R.J. Noble Company Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ,!, i 1Z W Zvi By: A r n C. Harp `�?S Ci An y ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: R.J. Noble Company, a California corporation Date: 01/24/2024 c By: By: sue' Leilani I. Brown Steven M ndo City Clerk Vice P sident Date: 01/24/2024 1 [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements R.J. Noble Company Page 11 CALIFORNIA ACKNOWLEDGMENT t�rie9elE ice€ CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of DRANGE J} 01 /24/2024 On before me, Date personally appeared STEVEN L. MENDOZA J. DEIONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personH whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/6heA" executed the same in his/hefAhefr authorized capacity(ies), and that by his/weir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(q acted, executed the instrument. 4, >,TNf®� w J, DEIONGH W Notary Public • California : yam_ _ = Orange County 3 i,�oa"�' my Commission # 2468114 Comm. Expires Oct 28, 2027 Place Notary Seal ond/or Stamp Above 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 dk Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: a�eaetee®e 02018 National Notary Association CALIFORNIA ACKNOWLEDGMENT HOWN00 - IINow CIVIL CODE § 1189 A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document. State of California 1 County of ()RANGE J} On 01/24/2024 personally appeared before me, J. DEIONGH, NOTARY PUBLIC JACOB BREEDLOVE Here Insert Name and Title of the Officer Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(5) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sbeAl;ey executed the same in his"A„eir authorized capacity(ies), and that by his/heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(Q acted, executed the instrument. J.DEIONGH 4 ' ... • y Notary Public -California Orange County is ' Commission # 2468114 oa"' My Comm. Expires Oct 28, 2027 r Place Notary Seal and/or Stamp Above 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. ak��iSignature Signature of Notary Public Vr 1 IV111I/L Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Guardian or Conservator ❑ Trustee ❑ Other: Signer is Representing: Eli ©2018 National Notary Association EXHIBIT A Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. 30206394 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to R.J. Noble Company hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of locating, lowering and raising to finished grade, utility (sewer, water and storm drain) manholes, valve boxes, chimneys and/or cleanouts for both the City of Newport Beach and OC SAN; this work is to be performed in conjunction with the pavement rehabilitation by Caltrans between Jamboree Road and the Santa Ana River bridge along West Coast Highway in Newport Beach, California, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract 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, Western Suret)Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Twenty Two Thousand Nine Hundred Twenty Five Dollars ($922,925.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as R.J. Noble Company Page A-1 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 9500 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 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 25th day of January , 2024 . R.J. NOBLE COMPANY X Name of Contractor (Principal) Ai 1 Western Surety Company Name of Surety 2 Park Plaza, Suite 400 Irvine, CA 92614 Address of Surety 949-399-4970 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By; t i° A r n C. Harp Cit Attorney J�zy ized 4�fure/Title B BRE DLOVE, SECRETARY ed Agent Signature James Scott Salandi, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.J. Noble Company Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof ORANGE } ss. On AI�TUARY 29— 20 24 before me, J. DEIONGH, NOTARY PUBLIC Notary Public, personally appeared JXUM BREEDLOVE who proved to me on the basis of satisfactory evidence to be the person(i) whose name(i) is>e subscribed to the within instrument and acknowledged to me that he6000ft executed the same in his/K&Ahirir authorized capacity(W, and that by hisffiidfr signatures( on the instrument the person(), or the 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 paragraph is true and correct. s J. DEIONGH WITNES y and and official seal. / \^ µotary Public " caiifornia € Wf Orarse County Commission # 246811 2027 a' my Comm. Expires Oct 28, X =na Signatu e J DEIONGH (mil) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 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(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) R.J. Noble Company Page A-3 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On 2 , 2U before me, Tina Downey, Notary Public , (Here insert name and title of the officer) personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the personN whose name(k is re subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi her/their authorized capacity(lbq, and that by is her/their signatureMon the instrument the person, or the entity upon behalf of which the personKacted, 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. TINA DCHtNE'! WITNESS my hand and official seal. gg—�% Notary Public . California San 6ernarcino County > Commission ; 2383319 oft My Comm. Expires Ncv 21, 2025 J to7Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Attorney -in -Fact ❑ Trustee(s) ❑ Other �00rl ti^31 fray^. LV IJ Version SII:Ii ti`J'4V4`d.l`i lildl"f VIa JJ?S.l+�J11� OVV'OIJ-�OOJ INSTRUCTIONS FOR COMPLETING THIS FORM This fornr complies with current California statutes regarding notary wording and. if needed. should be completed and attached to the document Acknohvedgents from other states may be completed for docunfems being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shelthe}, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If sea] impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT B Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. 30206394 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ N/A , being at the rate of $ N/A thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to R.J. Noble Company hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of locating, lowering and raising to finished grade, utility (sewer, water and storm drain) manholes, valve boxes, chimneys and/or cleanouts for both the City of Newport Beach and OC SAN; this work is to be performed in conjunction with the pavement rehabilitation by Caltrans between Jamboree Road and the Santa Ana River bridge along West Coast Highway in Newport Beach, California, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company , 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 Nine Hundred Twenty Two Thousand Nine Hundred Twenty Five Dollars ($922,925.00) 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. 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 City, only in the R.J. Noble Company Page B-1 event 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 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 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 25th day of January 2024 . R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2 Park Plaza, Suite 400 Irvine, CA 92614 Address of Surety 949-399-4970 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -� / lam`{ By: .1�- L 0 1 1 r t Aafdn C. Harp City Attorney JACOB BRLj?l0'V�!SECRETARY 4 )kgeht Signature James Scott Salandi, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED R.J. Noble Company Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE I ss. On JAN Y 29 20 24 before me, J DEIONGH, NOTARY PUBLIC Notary Public, personally appeared JACOB BREED who proved to me on the basis of satisfactory evidence to be the person(?f) whose name( i;ik subscribed to the within instrument and acknowledged to me that heAWiQ* executed the same in his/KdttM authorized capacity ), and that by hisKiVft gir signatures(K) on the instrument the person(, or the entity upon behalf of which the person(g) 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. J. DEIONGH WITNESS my hand and official seal. Public - California = 4S, HF p10tLr % � \ : Orange County i R Commission .4 2468.8 N MY Comm. Expires Oc& 027 Signatu4.E ONGH (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ } SS - On 20 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 hisiheritheir 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) R.J. Noble Company Page B-3 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On I Xbefore me, Tina Downey, Notary Public (Here insert name and Utle of the officer) personally app ared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the personN whose nameN is re subscribed to the within instrument and acknowledged to me that e she/they executed the same in hi her/their authorized capacity0eq, and that by is her/their signatureKon the instrument the person, or the entity upon behalf of which the personKacted, 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. ota ` ys TINADGNY Nry Public Californiaaz -) San Bernarcino County > Commission 4 2383319 My Comm. Expires Nov 21. 2025 aiswi � - WWI - Not 19u lic Signature 0(Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) p Attorney -in -Fact ❑ Trustee(s) ❑ Other 20ii `v 2isiui � ai y ViaSSESAOiI UUV-i) / J-9OUa INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary hording and, if needed. should be completed and attached to the document. Acknohredgents front other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary taw. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fonts (i.e. be/she/they- is /sre ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. . Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard Ziminsky, David Jacobson, Individually of Irvine, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law punted on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June, 2021. ""ErYco� WESTERN SURETY COMPANY O t',ec PZp /c3:_ S �:�°` aul "f. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 24th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ' 41444 M.� BENT NOTA" PUBLIC ^ i March 2 2026 : SFAL SOUTH DAKUTAWJi M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the verse hereof is still in fo'''L/ rce.``` In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this2�ay of -ip ( WESTERN SURETY COMPANY _wtOP 4)oz j SfAVi+= L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, 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) completed operations aggregate. The policy R.J. Noble Company Page C-1 shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of 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. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. R.J. Noble Company Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk R.J. Noble Company Page C-3 Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. R.J. Noble Company Page C-4 F. 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 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. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with 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 with five (5) calendar days of the expiration of the coverages. R.J. Noble Company Page C-5 City of Newport Beach WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS Contract No. 9417-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor 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. 9417-1 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. 12-13-2023 Date 714-637-1550 & 714-637-6321 Bidder's Telephone and Fax Numbers 782908 CLASS A & C12 Bidder's License No(s). and Classification(s) 1000OU 1' 3 DIR Registration Number Bidder's email address: R.J. NOBLE COMPANY Bidder X Bidder'VAuthotiAd nature and Title (AGOB BR •6D1. ., . �AM 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidders Address jacobbreedlove@r noblecompany.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS PROJECT NO. 24R09 CONTRACT NO. 9417-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 5-5 OC SANITATION DISTRICT (OC SAN) UTILITY RELOCATION 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 7 6-7.1 General 7 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 8 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 9 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 9 7-1.2 Temporary Utility Services 9 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 9 7-8.1 General 9 7-8.4 Storage of Equipment and Materials 10 7-8.4.2 Storage in Public Streets 10 7-8.6 Water Pollution Control 10 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 11 7-10.5.3 Steel Plate Covers 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 200 — ROCK MATERIALS 14 200-2 UNTREATED BASE MATERIALS 14 200-2.1 General 14 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 14 SECTION 203 — BITUMINOUS MATERIALS 15 203-5 SLURRY SEAL 15 203-5.1 General 15 203-5.4 Emulsion -Aggregate Slurry (EAS) 15 203-5.4.1 General 15 203-5.4.2 Materials 15 203-6 ASPHALT CONCRETE 15 203-6.5 Type III Asphalt Concrete Mixtures 15 PART 3 - CONSTRUCTION METHODS 15 SECTION 300 - EARTHWORK 15 300-1 CLEARING AND GRUBBING 15 300-1.3 Removal and Disposal of Materials 15 300-1.3.1 General 16 SECTION 302 - ROADWAY SURFACING 16 302-4.13 Street Sweeping and Cleanup 16 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General 302-5.4 Tack Coat 302-5.8 Manholes (and Other Structures) 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 601— WORK AREA TRAFFIC CONTROL 601-1 GENERAL 601-2 TRAFFIC CONTROL PLAN (TCP) 16 16 17 17 17 17 17 17 17 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WEST COAST HIGHWAY JOINT MANHOLE & VALVE ADJUSTMENTS PROJECT NO. 24R09 CONTRACT NO. 9417-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Appendix A — City of Newport Beach Facilities and Appendix B — OC SAN Facilities); (3) the City's Design Criteria and Standard Drawinqs for Public Works Construction, (2021 Edition) and Appendix C (OC SAN Adjustment Standards and Details; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach Page SP 1 of 18 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. The Contractor is required to demonstrate their experience and ability to complete similar adjustment projects for OC Sanitation District (OC SAN) and shall have been engaged in similar adjustment projects for public agencies for a period of not less than five (5) years. As part of the Contractor's Technical Ability and Experience References, the Contractor must provide, at a minimum, five reference projects that demonstrate the successful completion of similar projects with a minimum total of 50 manhole and/or valve adjustments within the public right-of-way. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of locating, lowering and raising to finished grade, utility (sewer, water and storm drain) manholes, valve boxes, chimneys and/or cleanouts for both the City of Newport Beach and OC SAN. This work is to be performed in conjunction with the pavement rehabilitation by Caltrans between Jamboree Road and the Santa Ana River bridge along West Coast Highway in Newport Beach, California. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. Page SP 2 of 18 The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor 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. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 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 in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. Page SP 3 of 18 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with 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 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new Page SP 4 of 18 replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes and utility boxes within paving area shall be temporarily lowered. The Contractor shall procure and install slip cans for all water valves to ensure access to the water valves at all times. Upon completion of paving operation, manholes and utility boxes shall be permanently adjusted to finish grade and all water valve slip cans shall be delivered to the City's Utilities Department. The Contractor shall adjust all temporarily lowered manholes and utility boxes to the new finished grade within five (5) calendar days of completing the AC finished course. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. 5-5 OC SANITATION DISTRICT (OC SAN) UTILITY RELOCATION During asphalt paving operation, all identified OC San's manholes and valve boxes within paving area shall be temporarily lowered. Upon completion of paving operation, manholes and valve boxes shall be permanently adjusted to finish grade. The Contractor shall replace all OC San manhole frames and covers. Replacement shall include: • Removal and disposal of existing collar, frame, cover, and broken/damaged grade ring(s) • Installation of new frame and cover (type, size, style as indicated) • Construction of new reinforced collar • Contractor shall refer to OC San Standard Drawings, Appendix C, for additional details. Contractor shall seal the manhole components that are adjusted or otherwise impacted by frame and cover installation. • Sealing method shall match the existing manhole corrosion protection system (lining or coating) per OC San manhole adjustment detail. If the existing corrosion protection system cannot be matched, the Contractor shall apply Sikadur-31 epoxy gel, or equal, to reseal any damaged manhole corrosion protection liner damaged during construction. Page SP 5 of 18 Coatings shall be supplied by the Contractor and shall be applied by a manufacturer certified applicator. Contractor shall reseal all non -bolted manhole covers with duct seal Cal Pico #CD-5, or equal, immediately after work is completed. OC San shall provide the Contractor with the sealing material at no cost to the Contractor. Work area around the manhole is to be swept clean of all debris. Replacement frames and covers will be provided by OC San at no cost to the Contractor. These items will be made available for pick up by the Contractor at the OC San Plant 1 warehouse (located at 10844 Ellis Avenue in Fountain Valley). Warehouse business hours are from 7:00 AM to 3:30 PM Monday- Thursday. The Contractor shall be responsible for the pick up and transportation of the new frames and covers to the job site/work locations. The Contractor shall contact OC San at a minimum of two (2) business days (Monday — Thursday) prior to the pick-up of the replacement frames and covers. The Contractor shall coordinate with OC San to request and schedule inspection at a minimum of two (2) business days (Monday — Thursday) prior to starting of any adjustment work. For valve box adjustments, the Contractor shall refer to Appendix C, Drawing C5019 Detail 2. The Contractor shall adjust valve boxes to the new finished grade. The Contractor shall reuse existing valve boxes and shall protect -in -place all appurtenances within valve boxes. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Page SP6of18 Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. The work in this project will be performed in conjunction with the pavement rehabilitation by Caltrans between Jamboree Road and the Santa Ana River bridge along West Coast Highway in Newport Beach, California. Caltrans has contracted with RJ Noble for their pavement rehabilitation — contact Francis Garcia with RJ Noble at 714-637-1550 x326. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 45 total working days (20 working days to lower, pause for paving, 25 working days to raise) after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery 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. Unless otherwise approved by the Engineer, construction shall start on a date coordinated with the contractor performing the pavement rehabilitation work for Caltrans. Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 8:00 a.m. to 6:00 p.m. on Saturdays 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 per hour when such time periods are approved. For those locations where night work is allowed in order to minimize disruption to the community, the following requirements shall apply: A. Night work hours shall be from 9:00 p.m. to 5:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. B. The Engineer must approve all requests for night work. C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) Page SP7of18 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be at the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each working 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 $2,000.00 for each day over the 20 days to lower and the 25 days to raise the manholes and valves. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar 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. Page SP 8 of 18 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any 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, dust control, 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 such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.1 General All vandalism, including graffiti, at the work site shall be removed by the Contractor within 24 hours. Page SP 9 of 18 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 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. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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 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 backcharging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety Page SP 10 of 18 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. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices 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, Demobilization and Cleanup: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and Page SP 11 of 18 temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, preparing traffic control plans, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment, and materials necessary to comply with the Manual on Uniform Traffic Control Devices (MUTCD), latest edition, City and Caltrans requirements. Item No. 3 Remove and Install New Water Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and installing slip cans over the valve to maintain access at all times and to facilitate paving operation, furnishing and installing a new water valve box and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 513 Valve Box Cover and Riser and hot mix asphalt must be used for the temporary paving after lowering. Item No. 4 Remove and Install New Sewer Cleanout Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sewer cleanout box and cover, temporarily lowering and/or covering the sewer cleanout to facilitate paving operation, furnishing and installing a new sewer cleanout box and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 406 Sewer Lateral with Cleanout and hot mix asphalt must be used for the temporary paving after lowering. Item No. 5 Adjust City of Newport Beach Sewer Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 400 Standard Manhole and hot mix asphalt must be used for the temporary paving after lowering. Item No. 6 Adjust OC SAN Sewer Manhole Frame and Cover to Grade: Work under this item shall include adjusting the existing OCSD sewer manholes to finished grade in accordance with OCSD standards (standard plans included in Appendix C) and requirements, and all other work items as required to complete the work in place. Manhole frames and covers shall be lowered prior to paving operations and raised to finished grade after paving operation. All work done must comply with Section 5-5 of these specifications. Page SP 12 of 18 Item No. 7 Adjust OC SAN Valve Box to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. All work done must comply with Section 5-5 of these specifications. Item No. 8 Adjust Storm Drain Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 321 Manhole Adjustment Detail and hot mix asphalt must be used for the temporary paving after lowering. Item No. 9 Locate, Remove and Install New Sewer Chimney or Cleanout Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for locating, removing and disposing the existing sewer cleanout box and cover, temporarily lowering and/or covering the sewer cleanout to facilitate paving operation, furnishing and installing a new sewer cleanout box and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 406 Sewer Lateral with Cleanout and hot mix asphalt must be used for the temporary paving after lowering. Item No. 10 Locate, Remove and Install New Water Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for locating, removing and disposing the existing water valve box and cover, temporarily lowering and installing slip cans over the valve to maintain access at all times and to facilitate paving operation, furnishing and installing a new water valve box and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 513 Valve Box Cover and Riser and hot mix asphalt must be used for the temporary paving after lowering. Item No. 11 Locate and Adjust City of Newport Beach Sewer Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for locating, removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to finished grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The work performed must comply with City of Newport Beach Std Dwg 400 Standard Manhole and hot mix asphalt must be used for the temporary paving after lowering. Page SP 13 of 18 Item No. 12 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for 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 payment. An amount of $10,000.00 is established for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the plans. Page SP 14 of 18 SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurry (EAS) shall be Type I-CQS-1 h conforming to 203-3 203-5.4.2 Materials 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 Latex Latex shall be Ultrapure 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III-132-PG 64-10 (20% max RAP). PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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 Page SP 15 of 18 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General 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 directed by the Engineer. 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. 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. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. SECTION 302 - ROADWAY SURFACING 302-4.13 Street Sweeping and Cleanup Upon completion of the edge grinding operation, Contractor shall clean all sidewalks, parkways, driveways and gutters. Contractor shall provide street sweeping of all streets to pick up raveling sand. Street sweeping shall occur twice; one week and two weeks after placement of slurry seal. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-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 trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. Page SP 16 of 18 302-5.4 Tack Coat Tack coat shall be trackless. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by using additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), 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. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, traffic control plans and/or detour plans for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the MUTCD and Caltrans requirements. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. Page SP 17 of 18 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 5. During daytime working hours, two (2) through lanes must remain open in each direction. 6. During nighttime working hours, one (1) through lane must remain open in each direction. 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