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HomeMy WebLinkAboutC-7680-1 - Street and Alley Pavement Repair ProjectMay 12, 2021 R.J. Noble Company Attn: Leslie DeLongh 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Street and Alley Pavement Project — C-7680-1 Dear Ms. DeLongh: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-6443005 1 949-644-3039Fnx newportbeachca.gov On May 12, 2020, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 14, 2020 Reference No. 2020000218721. The Surety for the contract is Western Surety Company and the bond number is 30079982. Enclosed is the Faithful Performance Bond. Sincer ly, �"A� P� vw�- Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30079982 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ N/A , being at the rate of $ NSA 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 1. Distribute construction notices to affected businesses and residents; 2. Provide traffic control plans for all work locations and stamped plans for San Joaquin Hills Road; 3. Establish traffic control for construction; 4. Implementing a best management practices ("BMP") plan; 5. Set up permit parking zone for alleys and handing out parking permits to affected residents in alleys; 6. Clearing and grubbing, and grading; 7. Construct new storm drain catch basin; 8. Remove and construct alley gutter, alley approach, curb and gutter, sidewalk, driveways and sidewalk; 9. Remove existing and install new street light pull box and conduit and wiring; 10. Constructing sub grade, base and new asphalt concrete street; 11. Coldmill existing asphalt concrete pavement and reconstructing asphalt concrete alleys, parking areas and roads; 12. Crack sealing; 13. Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; 14. Installing temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; 15.Reconfiguring irrigation, installing new top soil, planting turf and maintaining turf; R.J. Noble Company Page B-1 16. Coordinating with outside utility owners to have their facilities repaired and raised to grade; 17. Installing new four (4) -foot high fence in new turf area; 18. Other incidental items as required by Plans and Specifications; and 19. Provide as -built drawings (the "Project" or "Work") in the City of Newport Beach, 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 Seven Hundred Fifty Six Thousand Seventy Seven Dollars and 00/100 ($756,077.00) 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 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. R.J. Noble Company Page B-2 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 30th day of September 2019 R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2020 Main Street, Suite 750 Irvine, CA 92614 Address of Surety Surety: 866-404-7926 /Agent: 949-486-7917 Telephone APPROVED ASTOFORM: CITY ATT ��}%%'�� OFFICE Date: )n 2c By: ;=w'Aaron C. Harp /M•o1�H1�1 City Attorney X <Gr Au t h o r izgd' S ig nAtu relf itle STEVE MENDOZA, SECRETARY Autt,662�15d 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 B-3 ACKNOWLEDGMENT A notary public or other officer completing' ompleting 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 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 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 (seal) 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 B-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 eeB8y3BrIiFt aN7ftl3oi o�leeee® 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 Countyof ORANGE On 09/30/19 before me, J. DE IONGH, NOTARY PUBLIC Date S'I'EVE MENDOZA Here Insert Name and Title of the Officer personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he/sheA" executed the same in his/herAheir authorized capacity(tes), and that by his/her4he r signatures) on the instrument the person(s), or the entity upon behalf of which the person(!) acted, executed the instrument. J. DE IONGH Commission # 2128504 z u Notary Public - Caldornia Orange County �My Comm. Expires Oct IN, 20 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 Signatl(re _ OPTIONAL and official seal. of Notary Public Completing this information can deter alteratiorf of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name D Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Number of Pages: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: _ w+ee�n+a[r�e�ee —_ — soana 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 Orange On SEP 3 0 2019 before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(%) whose name(%) is/apes subscribed to the within instrument and acknowledged to me that he/9tx6fEttolay executed the same in his/koft it authorized capacity(kM, and that by his/kax0vir signature(9) on the instrument the person(a), or the entity upon behalf of which the person(%) acted, executed the i nstrument. 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 sealMICHELE A. FEDORUR !` Notary Public - California 7 „r Orange County r.,� e Commission p 2218042 My Comm. Expires Apr 14, 2022 Signature (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAI, ATTORNEY-IN-FACT Know All Men By These Pmaents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organimd and existing corporation having ttu 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 [mice, constitute and appoint James Scott Salandi, Leonard 71minsky, David Jacobson, Individually of hvine, CA, its true and lawful Attorncy(s)min-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 81111mity hereby given. are hereby ratified and confmned. This Power of Attorney is made and executed pursued to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wllaeaa 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 18th day of June, 2015. WESTERN SURETY COMPANY 4eNotW --- Bente Z - -- _ArPaul T. Bruflat Vice President State of South Dakota County of Mionehaha as On this 18th day of June, 2015, before me personally tsars, Paul T. Bru lat, to me known, who, being by nue duly swan, did depose and say; that he resides in ft 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 inaburnent; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate sed; that it was an affixed Ianauanl to authority given by the Bard of Directors of said corporation and that he signed his name thereto pursuant to like wthori[y, and acknowledges sang to be the act and deed of said corporation. My commission expires �++...w+.+r.ahar•...,...,.. S. ETCH — (� February 12, 2021 SOWOfUT14 �� fJ aVMMMY,Y.V..M1MM....... (• S. Eid4r. Notary 1?ublic CER'fINICATR L L. Nelson, Assistant Secretary of WESTFAN SURETY COMPANY do hereby certify that the Pow" of Atomey hereinabove set forth is Still in force, and liuther certify that the By -haw of the corporation printed on the reverse hereof is still inforce. J forc�ee. In testimottny, whereof I have hererudn subscribed mrto y narand affixed the seal of the said corporation this _ day of _ JCI __ O 209 WES'T'ERN SURETY COMPANY at A' Fohm Faxao-x-xanz L. Nelson. Assistant Secretary July 20, 2020 R.J. Noble Company Attn: Leslie De Longh 15505 E. Lincoln Avenue Orange, CA 92865 Subject Street and Alley Pavement Repair Project - C-7680-1 Dear Ms. De LI CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAX newportbeachca.gov On May 12, 2020 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 14, 2020, Reference No. 2020000218721. The Surety for the bond is Western Surety Company and the bond number is 30079982. Enclosed is the Labor & Materials Payment Bond. Sincerely, / g--c.�-� -Z-- Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30079982 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 following work: Distribute construction notices to affected businesses and residents; 2. Provide traffic control plans for all work locations and stamped plans for San Joaquin Hills Road; 3. Establish traffic control for construction; 4. Implementing a best management practices (`BMP") plan; 5. Set up permit parking zone for alleys and handing out parking permits to affected residents in alleys; 6. Clearing and grubbing, and grading; 7. Construct new storm drain catch basin; 8. Remove and construct alley gutter, alley approach, curb and gutter, sidewalk, driveways and sidewalk; 9. Remove existing and install new street light pull box and conduit and wiring; 10. Constructing sub grade, base and new asphalt concrete street; 11. Coldmill existing asphalt concrete pavement and reconstructing asphalt concrete alleys, parking areas and roads; 12. Crack sealing; 13. Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; 14. Installing temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; 15. Reconfiguring irrigation, installing new top soil, planting turf and maintaining turf; 16. Coordinating with outside utility owners to have their facilities repaired and raised to grade; R.J. Noble Company Page A-1 17. Installing new four (4) -foot high fence in new turf area; 18. Other incidental items as required by Plans and Specifications; and 19. Provide as -built drawings (the "Project" or "Work") in the City of Newport Beach, 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 Surety 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 Seven Hundred Fifty Six Thousand Seventy Seven Dollars and 00/100 ($756,077.00) 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 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 R.J. Noble Company Page A-2 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 30th day of September_, 20 19 R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2020 Main Street, Suite 750 Irvine, CA 92614 Address of Surety Surety: 866-404-7926 / Agent: 949-486-7917 Telephone APPROVED AS TO FORM: CITY ATTOR E 'S OFFICE Date:�0 7<:>1c1 By.lk . V, ;Aaron C. Harp CA to 10410 City Attorney 17 ire/Title SECRETARY 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-3 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 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 taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (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 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-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 41189 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 Countyof DRANGE On 09/30/19 J. DE IONGH, NOTARY PUBLIC Dote before me, STEVE MENDOZA Here Insert Name and Title of the frcer personally appeared Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/sheat" executed the same in his/Hedthek authorized capacity(las), and that by his/har/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J. DE IONGH Commission # 212a504 (�. z i.& Notary Public • California N Orange County r' My Comm. Expires Oct 28, 2019 g. 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 seat. OPTIONAL of Notary Public 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(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator r] Other: Number of Pages: Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: _ Signer is Representing: s�gpp--#�-IS�A.@fia�t?�P�f. #a5��nati+w?aH[a�€3i ��#naSaa��#ate ❑ Attorney in Fact ❑ Guardian or Conservator 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 Orange SEP 3 0 2019 On before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(%) whose name(a) is/asst subscribed to the within instrument and acknowledged to me that he/9facadtX" executed the same in his/Mo?ft%k authorized capacity(ies), and that by his/kOrrAkok signature(s) on the instrument the person(%), or the entity upon behalf of which the person(s) acted, executed the i nstrument. I certify under PE NALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,. WITNESS my hand and official seal. /- - MICHELE A. rEOOROK Notary Public California 1if i' Orange County Commission n 2218042 ' My Cnmm. Explret Apr f4, 2022 Signature i (Seal) POWER OT A7'fORNTeY AI'POIN1'IN(. INDIVII)IJAI, ATTORNEY -IN -TACT Kuotr All Men By Them Pr'emat% That WINTF.RN SUBBTY COMPANY, a South Dakota co po ation, is a duly Orgauired and axisting co,iwmtion laving its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by vitt c of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi, Leonard 75ininslty, David Jacobson, Individually Of Irvine, CA, Its we and IaWfal ARorney(s)-in-Pact with fall power aid authority hereby conferral to sign, seal and execute for and on its behalf her&. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent u if such instruments w m signed by a duly authorized offieer of the corporation and all the acts of said Altemey, Panamint to the authority hereby giver, are hereby ratified and confined. 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 erre shareholders of the corporation. In Wlhnean Whereof, WESTERN SURETY COMPANY has caused meso laesara to be signed by its Vico President and its corporate sad 1n be hereto affixed on this 18th day of June, 2015. WESTERN SUUR�ETY COMPANY aul T. Bmflat, Vice Presiders Strta of South Dakots i County of Meachamf as On this 18th day of June, 2015, before me personally came Paul T. Hu flat, to all known, who, being by me duly swan, did depose and say; that he resides in the City of Sioux Palls, State of South Dakota; that he is One Vice President of WMTERN SURETY COMPANY described in and which executed the above intswment; that he knows the seal of said corporation; that the seal affixal to the said inshumem is such corporate seal; that it was so affixed Pursuant to authority given by the Board of Directors of said corporation awl that he signed his name thereto pursuant to like authority, and adralowiedges acme to be the ad and deed of said corporation. My commission expires trws,a,+•.w.aa..aaa.w. a S. EICH [��(�s}i --_- Februa-ry 12,2021 S. Bich Notayl4ubiic CF1tl JFIC7A1'L+ I, L. Nelson, Assim ut Snxoetsry of WFA'FFRN SURKrY COMPANY do hereby ce ify that the Powerof Anomcy harcbahove ser forth is still in force, cord f ull" certify that t e Ey-Law of the corporation tainted ore the ravesm hacof is^�.,t it' fugt'c h�/,t����7 ny wix¢aof I treve ta;r'ornrtu sulusptfxn Illy mute arxl affixed the seal oftho said emporation thin, -- day of � `" ) "' a;w WESTERNSURETY COMPANY I Nalson, Assrstwd Secretary ((, rr.um 1142811 1-7.011. Batch 6442572 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page I of 5 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIII1RIII11111[11IIIIII IIIIIIIIIIIIIIIIIIIIIIIIII NO FEE $ R 0 0 1 1 6 8 3 7 0 2$+ 202000021872110:30 am 05114120 214 602A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and R.J. Noble Company, Orange, California, as Contractor, entered into a Contract on September 24, 2019. Said Contract set forth certain improvements, as follows: Street and Alley Pavement Repair Project - C-7680-1 Work on said Contract was completed, and was found to be acceptable on May 12, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. M Public -Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on / 4 ocudD at Newport Beach, California. BY City Clerk littps:Hgs.sectire-recordiiig.com/Batch/Confirmation/6442572 05/14/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and R.J. Noble Company, Orange, California, as Contractor, entered into a Contract on September 24, 2019. Said Contract set forth certain improvements, as follows: Street and Alley Pavement Repair Project - C-7680-1 Work on said Contract was completed, and was found to be acceptable on May 12, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. m Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. aA�n Executed on IV4r , �� at Newport Beach, California. B CITY OF NEWPORT BEACH 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 5th day of September, 2019, at which time such bids shall be opened and read for STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 $850,000 Engineer's Estimate Approved by James M. Houlihan eputy PWD/City Engineer Prospective bidders 6% obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Ben Davis, Prosect Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-reqistration City of Newport Beach STREET AND ALEEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS........................................................... I.......................... 3 BIDDER'S BOND............................................................................................................ B DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 1►[r],11LQrIs] Ilti�y[r7,1_l99197=►►1I Ec3 DESIGNATION OF SURETIES...................................................................... 14 CrIr7rry�:T�[�CrT:Y��Tri■1RG��:T►_►>��s���i'I:�xrIrl:7r ►:[y: City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 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 Clerk's Office) 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, 2nd 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 Clerk'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. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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 provide the written statement and the City Council does not meet within the prescribed time 4 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 & C-12 Contractor's License No. & Classification 1000004235 06/30/2022 X 2ddz�� Authorize ig ture/Title STEVE MENDOZA, SECRETARY 09/05/2019 DIR Registration Number & Expiration Date Date R.J. NOBLE COMPANY Bidder 5 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 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 amount bid------------------------------------ --------------------------- Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of STREET AND ALLEY REPAIR PROJECT, Contract No. 7680-1 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 26th R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2020 Main Street, Suite 750 Irvine, CA 92614 Address of Surety 866-404-7926 Telephone day of August 2019. 1 A4khorizKd Signature/Title STEVE OfNDOZA,SECRETARY By: /_ient Signature James Scott Salandi, Attorney-in-fact Print Name and Title (Notary acknowledgment of Principal & SUretY, must be attached) [.1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 �y�Boi�oi re�eser 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 DRANGE T On 08/27/19 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer STEVE MENDOZA personally appeared Name(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/sheM:vey executed the same in hisiher/their authorized capacity(ies), and that by his/e'ir signature(Q on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. J. DE IONGH Commission # 2128504 Z0Orange Notary Public - California Z County My Comm. Expires Oct 28, 20?' 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. Signature OPTIONAL 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 o 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: .aesa�eeee 020118 National Notary Association ACKNOWLEDGMENT State of California County of t ss. On personally appeared before me, , Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence.- Personally vidence:Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer Check here if no thumbprint or fingerprint is available - State of California County of On personally appeared ACKNOWLEDGMENT SS. before me, , Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: N Thumbprint of Signer ❑ 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 Orange AUG 2 6 2019 .M before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the per whose name(%) is/aw subscribed to the within instrument and acknowledged to me that he/sugx " executed the same in his/b[exAIea authorized capacity(j*, and that by his/herAhek 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. h MICHELE A. FEDORUK Notary Public • California Orange County ' y.. Commission k 2238042 My Comm. Expires Apr 14, 2022 Signature (Seal) 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 Attorneys) -in -Fact with Rill 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 inshuments 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 18th day of June, 2015. �►+"r>� WESTERN SURETY COMPANY ArP aul T. Bmflat, Vice President State of South Dakota ss County of Minnehaha On this 18th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that be 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 be knows the seal of said corporation; that the seal affixed to the said insiniment 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 S. EICH February 12, 2021!l NOM14 PUBLIC`$; iJ aoUTll DAtOf)fA ti++�.wr+r+.tiawr.w..tititi... t. S. Eich, 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 corporation printed on the reverse hereof is still' LU 1S e. whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _ day of HUU L v WESTERN SURETY COMPANY �r" oars �7V Foran F4280-7-2012 L. Nelson, Assistant Secretary Authoriring By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and exeouted 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 undertaidngs in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 Bidder 9 X�, Authorized'Signa ure/Title STEVE N&NDOZA, SECRETARY City f Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 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) in the past 2 years in excess of $120,000, provide the following information: GRAHAM AVENUE PAVEMENT REHABILITATION No. 1 & STRIPING PROJECT CIP NO Z 10056 Project Name/Number Project Description PAVEMENT REHABILITATION AND STRIPING Approximate Construction Dates: From 07120 18 To: 02/2019 Agency Name CITY LAKE ELSINORE Contact Person REMON HABIB Telephone ( 951) 674-3124 EXT 213 Original Contract Amount $'71'42" Final Contract Amount $ 522,548.50 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 10 No. 2 FY 17/18 LOCAL. OVERLAY PAVEMENT REHAB Project Name/Number Project Description PAVEMENT REHABILITATION & AC OVERLAY OF VARIOUS LOCATIONS Approximate Construction Dates: From 0512018 Agency Name CITY OF RANCHO CUCAMONGA Contact Person ROMEO DAVID To: 02/2019 Telephone ( 909) 774-4070 Original Contract Amount $ 740,549.50Final Contract Amount $ 746,850.64 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 NO. 3 RESIDENTIAL OVERLAY OF MAINTENANCE ZONE 1 Project Name/Number Project Description AC OVERLAY OF VARIOUS RESIDENTIAL STREETS Approximate Construction Dates: From 0312018 To: 0312019 Agency Name CITY OF HUNTINGTON BEACH Contact Person JOHN GRIFFIN Telephone (714) 375-5011 Original Contract Amount $ 2,279,232-CPinal Contract Amount $, 2,279,232.00 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project NamelNumber PALMYRA AVE STREET REHABILITATION Project Description AC REHABILITATION OF PALMYRA AVENUE Approximate Construction Dates: From 0412018 Agency Name CITY OF ORANGE To: 1112018 Contact Person MATT LORENZEN Telephone ( 714) 744-5566 Original Contract Amount $1,075,000.ORinal Contract Amount $ 1,1 10,444.12 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. NO No. 5 Project Name/Number CAP CAPISTRANO VILLAS STREET IMPTS Project Description AC IMPROVEMENTS, STRIPING, ELECTRICAL, CRACK SEAL & SLURRY Approximate Construction Dates: From 1112017 To: 0512018 Agency Name CITY OF SAN JUAN CAPISTRANO Contact Person PAUL MESHKIN Telephone ( 949) 443-6350 Original Contract Amount $ 2,168,00"Pinai Contract Amount $ 2,186,492.92 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 12 No. 6 PARK AVE STREET REHABILITATION Project Name/Number Project Description STREET REHABILITATION OF PARK AVE, AC STRIPING, ELECTRICAL, SURVEY Approximate Construction Dates: From Agency Name Contact Person CITY OF TUSTIN EDDY JAN 1112017 To: 10/2018 Telephone ( 714) 573-3157 Original Contract Amount $ 1 419M000 Final Contract Amount $ 1,629,018.86 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. \0 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 13 X E46�� Authorized Sign ure/Title STEVE MENDOZA, SECRETARY Korfe— .l. NOB_ vaL 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 0112018 TRAINING & CERTS - Fundamentals of Successful Project Management, 0212014 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 Ke1. NORE =�p Kori Porter 15505 E. Lincoln Ave. Orange, CA 92865 Office: (714) 637-1550 Email: koriporter@rjnoblecompany.com EXPERIENCE Project Engineer R.J.Noble Company, Orange, CA, 2005 - Current - Oversee multiple construction projects from beginning to end - Manage all subcontractors compliance on project Maintain daily job costs for multiple projects - Maintain project schedules, budgets, and compliance EDUCATION Post Bachelorette - Masters of Science, Civil Engineering, Class of 2014 California State University, Fullerton RECENT ACCOMPLISHMENTS College - Bachelor of Arts, Business Management, Class of 2005 California State University, Fullerton High School - Esperanza High School, Class of 2000 Recently Completed Projects for RJ Noble - City of Yorba Linda La Palma Ave - City of Dana Point Annual Resurfacing - City of Orange Annual Pavement Maint - County of Orange Ladera Ranch Apr -16 Contract Amount: $2.1 million Jun -16 Contract Amount: $2.1 million Jul -16 Contract Amount: $3.7 million Feb -17 Contract Amount : $3.4 million City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 NON -COLLUSION AFFIDAVIT State of California } } 55. County of ORANGE} STEVE MENDOZA being first duly sworn, deposes and says that he br%]5N is SLUKE"I INKY of R.J. NOBLE COMPANY , 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. declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. R.J. NOBLE COMPANY Bidder X Authorize ignat e/TitieSTEVE .vMENDOZA, SECRETARY Subscribed and sworn to (or affirmed) before me on this 5TH day of SEPTEMBER 2019 by STEVE MENDOZA , 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 Califo is that the foregoing paragraph is true and correct. X ' Notary Public J. 041 NGH [SEAL] My Commission Expires: 10/28/2019 j. DE IONGH Commission # 2128504 a Notary Public - California z ofange County My Comm. Expires 00 28. 201 . 14 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 DESIGNATION OF SURETIES Bidder's name 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): PATRIOT RISK AND INSURANCE SERVICES 2415 CAMPUS DRIVE SUITE 200, IRVINE, CA 92612 SCOTT SALANDI 949-486-7917 (BONDS) LAURIE SYLVESTER 949-486-7900 (INSURANCE) 15 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name R.J. NOBLE COMPANY Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 24 90 92 100 83 100 489 Total dollar Amount of Contracts (in 37 95 92 83 93 95 495 Thousands of $) MILLION MILLION MILLION MILLION MILLION No. of fatalities NONE----------------- ---- --------------- --------------- --------------------------------- NONE No. of lost Workday Cases NONE--------------------------------------- -------------------------------------------------- NONE No. of lost workday cases involving permanent transfer to another job or termination of employmentNONE------ -------------- --------------- --------------- -------------- ------------- ----�<)\E The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Business Tel. No.: 714-637-1550 State Contractor's License No. and Classification: 782908 CLASS A & C-12 Title X STEVE MENDOZA, SECRETARY The above information was compiled from the rep6rdsMat are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder X Date nq Title AUSTIN CARVER, VICE PRESIDENT OF Signature of bidder X Date 09/05/201 09/05/201 Title STEVE MENDOZA, SECRETARY 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 ATTACHEDI 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 ()RANO J} 09/05/19 On personally appeared before me, J. DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer AUSTIN CARVER 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/fey executed the same in his hefAhei; authorized capacity(ies), and that by his/weir signature(&) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. •'.,l J. DE IONGH Commission # 2128504 Z ,-m Notary Public - California Z Orange County My Comm. Expires Oct 28, 201 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. Signature OPTIONAL Signature of Notary Public 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 ❑ 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: - �aeee 02018 National Notary Association CALIFORNIA ACKNOWLEDGMENT ��3Aei CIVIL CODE § 1189 A notarypublic or other officer completing this certificate verifies only the identityof 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 DRANCIF On 09/05/19 before me, J. DE IONGH, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer STEVE MENDOZA personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/af-e subscribed to the within instrument and acknowledged to me that he/s " executed the same in his*erffherr 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(s) acted, executed the instrument. J. DE IONGH Commission # 2128504 z Notary Public - California Z Orange County My Comm. Expires Oct 28, 201 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 hated and official seal. Signatur OPTIONAL 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 n Other Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — ❑ Partner — ❑ Limited ❑ Individual ❑ Trustee ❑ Other: Signer is Representing Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 ACKNOWLEDGEMENT OF ADDENDA Bidders name 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 18 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 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: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Telephone and Fax Number: 714-637-1550 714-637-6321 California State Contractor's License No. and Class: 782908 CLASS A & C-12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 08 200° Expiration Date: 08/31/2020 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: NAVEED KHARRAT 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 MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 CRAIG PORTER, SR. VICE PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 STEVE MENDOZA, SECRETARY 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 JAMES N DUCOTE, C.F.O. 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 AUSTIN CARVER, V.P. OF OPERATIONS 15505 E. LINCOLN AVE., ORANGE, CA 92865 714-637-1550 Corporation organized under the laws of the State of CALIFORNIA 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: R.J. NOBLE COMPANY A CALIFORNIA CORPORATION For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N o \[ Briefly summarize the parties' claims and defenses; N\ Have you ever had a contract terminated by the owner/agency? If so, explain. W Have you ever failed to complete a project? If so, explain. N0 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 corn�RRliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes/ 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. R.J. NOBLE COMPANY Bidder AUSTIN CARVER (Print name of Owner or President of Corporation/Company) X M/ Auth d SignaturelTitle V.P. OF OPERATIONS Title 09/05/2019 Date On 09/05/2019 before me, J. DE IONGH , Notary Public, personally appeared A I NXIN CA RULE , who proved to me on the basis of satisfactory evidence to be the person% whose name(X) isles%ubscribed to the within instrument and acknowledged to me that helxbeAkey executed the same in his/b dtXb Y authorized capacity(KA), and that by his/X6r h&r signature( on the instrument the person(), or the entity upon behalf of which the personN) 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. ESS mihod and official seal. Public in and for said State My Commission Expires: 10/28/2019 21 J, DE IONGH commission # 2128504 (SEAL) a �a Notary Public - Calitornia i Orange County M Gomm, Expires oct 28, 201 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: _Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 SAMPLE CITY CONTRACT 23 STREET AND ALLEY PAVEMENT REPAIR PROJECT CONTRACT NO. 7680-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of September, 2019 ("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 Avenue, Orange, California 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 the following: 1. Distribute construction notices to affected businesses and residents; 2. Provide traffic control plans for all work locations and stamped plans for San Joaquin Hills Road; 3. Establish traffic control for construction; 4. Implementing a best management practices ("BMP") plan,- 5. lan;5. Set up permit parking zone for alleys and handing out parking permits to affected residents in alleys; 6. Clearing and grubbing, and grading; 7. Construct new storm drain catch basin; 8. Remove and construct alley gutter, alley approach, curb and gutter, sidewalk, driveways and sidewalk; 9. Remove existing and install new street light pull box and conduit and wiring; 10. Constructing sub grade, base and new asphalt concrete street; 11. Coldmill existing asphalt concrete pavement and reconstructing asphalt concrete alleys, parking areas and roads; 12. Crack sealing; 13. Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; 14. Installing temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers, 15. Reconfiguring irrigation, installing new top soil, planting turf and maintaining turf; 16. Coordinating with outside utility owners to have their facilities repaired and raised to grade; 17. Installing new four (4) -foot high fence in new turf area; 18. Other incidental items as required by Plans and Specifications; and 19. Provide as -built drawings (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: 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. 7680-1, 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. R.J. Noble Company Page 2 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 Seven Hundred Fifty Six Thousand Seventy Seven Dollars ($756,077.00). 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 Kori Porter 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. 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.). R.J. Noble Company Page 3 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- t: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Leslie De longh R.J. Noble Company 15505 E. Lincoln Avenue 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 R.J. Noble Company Page 4 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. 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. R.J. Noble Company Page 5 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 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. 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 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 by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. R.J. Noble Company Page 6 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, 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 and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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. R.J. Noble Company Page 7 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. 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. R.J. Noble Company Page 8 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, 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. R.J. Noble Company Page 9 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 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 ATTORNEY'S OFFICE Date: 019 By:�.. ' po{ :Aaron C. Harp City Attorney ATTEST: to p( n�` I1q Date: Leilani Iv :. City Clerk CITY OF NEWPORT BEACH, a California munici al corporation Date: By: Dian . Dixon Mayor CONTRACTOR: R.J. Noble Company, a California corporation Date: Signed in Counterpart By: Craig Porter Senior Vice President Date: By: Signed in Counterpart Steve Mendoza 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 ATTOE 'S OFFICE Date: q 01 CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: By: • Aaron C. Harp �'"' �°`�010��� Diane B. Dixon ,_,,r. Aaron Attorney Mayor ATTEST: Date: Leilani I. Brown City Clerk CONTRACTOR: R.J. Noble Company, a California corporation Date: 09/17/2019 /1—i By: X Craig Porter Senior Vice Date: 09/17/2019 By: Stevend Secrer [END OF SIGNATURES] resident 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 CIVIL CODE § 1189 t��ito�i Idaot+aao€ � 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 ()RAN(,F J} On 09/17/19 before me, J. DE IONGH, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer CRAIG PORTER personally appeared Nome(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/sheA*" executed the same in hisihefAheif authorized capacity(ies.), and that by hisifher(their signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. J. DE IONGH Commission # 2128504 . Notary Public - California s Orange County My Comm. Expires Oct 28, 20191 j. 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. -� � A Signa+ re _ Place Notary Seal and/or Stamp Above —"" OPTIONAL 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 n Other 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: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 �q�fl9r�eE � hBrNr�o€ 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 nRAAGE 1 On 09/17/19 before me, J. DE IONGH, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer STEVE MENDOZA personally appeared 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/6heA#ey executed the same in his/;efAhei; authorized capacity(ies), and that by his/hor4heir signature(&) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. J. DE IONGH ' Commission # 2128504 Notary Public - California Orange County ' My Comm. Expires Oct 28, 2019 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. OPTIONAL 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 n Other- Signer ther 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: Executed in Duplicate 1 *1SW11.1_1 CITY OF NEWPORT BEACH BOND NO. 30079982 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 following work: 1. Distribute construction notices to affected businesses and residents; 2. Provide traffic control plans for all work locations and stamped plans for San Joaquin Hills Road; 3. Establish traffic control for construction; 4. Implementing a best management practices ("BMP") plan; 5. Set up permit parking zone for alleys and handing out parking permits to affected residents in alleys; 6. Clearing and grubbing, and grading; 7. Construct new storm drain catch basin; 8. Remove and construct alley gutter, alley approach, curb and gutter, sidewalk, driveways and sidewalk; 9. Remove existing and install new street light pull box and conduit and wiring; 10. Constructing sub grade, base and new asphalt concrete street; 11. Coldmill existing asphalt concrete pavement and reconstructing asphalt concrete alleys, parking areas and roads; 12. Crack sealing; 13. Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; 14. Installing temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; 15. Reconfiguring irrigation, installing new top soil, planting turf and maintaining turf; 16. Coordinating with outside utility owners to have their facilities repaired and raised to grade; R.J. Noble Company Page A-1 17. Installing new four (4) -foot high fence in new turf area; 18. Other incidental items as required by Plans and Specifications; and 19. Provide as -built drawings (the "Project" or "Work") in the City of Newport Beach, 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 Surety 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 Seven Hundred Fifty Six Thousand Seventy Seven Dollars and 00/100 ($756,077.00) 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 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 R.J. Noble Company Page A-2 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 30th day of September_, 20 19 R.J. NOBLE COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2020 Main Street, Suite 750 Irvine, CA 92614 Address of Surety Surety: 866-404-7926 / Agent: 949-486-7917 Telephone APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: By:2�'L'*-d-1�` r -,,,,Aaron C. Harp LAA %0104t19 City Attorney X — Authoriz� Sig kature/Title STEVE &I.BNDOZA, SECRETARY nt 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-3 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 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 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 (seal) 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-4 CALIFORNIA ACKNOWLEDGMENT 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 validityof that document. State of California 1 County of ()RANGF J} On 09/30/19 before me, J. DE IONGH, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer STEVE MENDOZA personally appeared 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/64eA" executed the same in his hefAhei authorized capacity(i"), and that by his/"tQ�hgk�• signature(Q on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. J. DE IONGH Commission # 2128504 Notary Public - California Orange County My Comm. Expires Oct 28, 201 l Place Notary Seol and/or Stomp 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 OPTIONAL 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: ©2018 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: 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 ) SEP 3 0 2019 On before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the per whose name(s) is/aNX subscribed to the within instrument and acknowledged to me that he/stxel6t" executed the same in his/aeW&ak authorized capacity(k*, and that by his/harAhak signature(s) on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the i nstrument. 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. MICHELE A. rEDORt1K Notary Public • California Orange Count r \ ° Commission N 2238042 Z"ox" My Comm. Expires Apr 14, 2022 Signature (Seal) 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 Attorneys) -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 imstruuments were signed by a duly authorized macer 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 Wltmss 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 18th day of June, 2015. WESTERN SURETY COMPANY "4 seA. aul T. Bruflat, Vice President State of South Dakota County of Minnehaha as On this 18th day of June, 2015, before me personally came Paul T. Bnuflat, 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 as= to be the act and deed of said corporation. My commission expires S. ETCH # February 12, 2021 DAMMO; CERTIFICATE S. Eich, Notary Public 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 reverse hereof is!TP fln Iryfq�j� ony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of qtr lJ [U �% ' WESTERN SURETY COMPANY 0y. Form F4290-7-2012 L. Nelson, Assistant Secretary Executed in Duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30079982 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 1. Distribute construction notices to affected businesses and residents; 2. Provide traffic control plans for all work locations and stamped plans for San Joaquin Hills Road; 3. Establish traffic control for construction; 4. Implementing a best management practices ("BMP") plan; 5. Set up permit parking zone for alleys and handing out parking permits to affected residents in alleys; 6. Clearing and grubbing, and grading; 7. Construct new storm drain catch basin; 8. Remove and construct alley gutter, alley approach, curb and gutter, sidewalk, driveways and sidewalk; 9. Remove existing and install new street light pull box and conduit and wiring; 10. Constructing sub grade, base and new asphalt concrete street; 11. Coldmill existing asphalt concrete pavement and reconstructing asphalt concrete alleys, parking areas and roads; 12. Crack sealing; 13. Lower and adjust manholes, and remove and install new water valve boxes and survey monuments; 14. Installing temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers; 15. Reconfiguring irrigation, installing new top soil, planting turf and maintaining turf; R.J. Noble Company Page B-1 16. Coordinating with outside utility owners to have their facilities repaired and raised to grade; 17. Installing new four (4) -foot high fence in new turf area; 18. Other incidental items as required by Plans and Specifications; and 19. Provide as -built drawings (the "Project" or "Work") in the City of Newport Beach, 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 Seven Hundred Fifty Six Thousand Seventy Seven Dollars and 00/100 ($756,077.00) 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 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. R.J. Noble Company Page B-2 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 30th day of September ,2019 . R.J. NOBL,F COMPANY Name of Contractor (Principal) Western Surety Company Name of Surety 2020 Main Street, Suite 750 Irvine, CA 92614 Address of Surety Surety: 866-404-7926 / Agent: 949-486-7917 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2c x Authoriz Sig ure/Title _ STEVE MENDOZA, SECRETARY �,r.AcU r•' Agent Signature By O�& ;-(�r'Aaron C. Harp (hMo�oNIN City Attorney 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-3 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 Ass. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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) 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 I 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 B-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 819MONWO i ONA004M 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 l County of C)RAN(,F J} On 09/30/19 before me, J. DE IONGH, NOTARY PUBLIC , Date Here Insert Name and Title of the Officer STEVE MENDOZA personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(6) is/afe subscribed to the within instrument and acknowledged to me that he/fey executed the same in his' ef/trhei; authorized capacity(ies), and that by his/e'ir signature(&) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. J. DE IONGH Commission # 212.8504 z ;"m Notary Public - California Z ' Orange County My Comm. Expires Oct 28,201 ., W . 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 mm -band and official seal. Sign OPTIONAL of Notary Public 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator o Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — 11 Partner — ❑ Limited C1Individual ElTrustee 1iOther: Signer is Representing Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator 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 On SEP 3 0 2019 before me, Michele A. Fedoruk, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(g) whose name(%) is/apes subscribed to the within instrument and acknowledged to me that he/%ixeld" executed the same in his/hoftwik authorized capacity(k*s , and that by his/harA cek signature(%;) 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. ®--A-n— WITNESS my hand and official seal. / " MICHELE A. FEDORUK " Notary Public - California Orange County v jCommission b 2238042 r°- My Comm. Expires Apr 14, 2022 Signature (Seal) 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 Attorneys) -in -Fact with fWl 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 off icer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attomey 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 181h day of June, 2015. WESTERN SURETY COMPANY s&A BY AvPaul T. Bmflat, Vice President State of South Dakota County of Minnehaha ss On this 18th day of June, 2015, before me personally came Paul T. Bmflat, to me 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 t+.+...r�.w.rwwM.�.+..,.....■ k S. EICH # CERTIFICATE February 12, 2021 SOOUT 1 � W�CA { f �'ti1MtiYtiM4ti4ti�Mitihh.NlY�w S. Eich, Notary Public 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 fluther certify that the By -Law of the corporation printed on the reverse hemof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _ day of SEP 3 0 2Q19 WESTERN SURETY COMPANY P Form F4280-7.2012 L. Nelson, Assistant Secretary EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 and volunteers.. 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 and volunteers. 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 shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an R.J. Noble Company Page C-1 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to 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 and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 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 and volunteers 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 and volunteers. 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 R.J. Noble Company Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk 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. 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. 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 R.J. Noble Company Page C-3 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. R.J. Noble Company Page C-4 Reyes, Raymund From: EXIGIS RiskWorks <notifications@ riskworks.com > Sent: Thursday, October 10, 2019 3:41 PM To: Reyes, Raymund Subject: City of Newport Beach: Notice of Compliance for R.J. Noble Company Dear Business Partner, The insurance documentation submitted on behalf of R.J. Noble Company satisfies the minimum insurance requirements for City of Newport Beach and has been verified as compliant. No further action is required at this time. You will receive a renewal notice requesting updated insurance documents in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at supportg is.com or 800- 430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 supportgexi is.com Reference/ Vendor ID : 16613 Organizational Unit: City of Newport Beach -> Public Works Agreement Name : Street and Pavement Repair Project Agreement Number: 7680-1 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT Contract No. 7680-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Sid 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 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7680-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following attached unit prices for the work, complete in place, to wit: 09/05/2019 Date 714-637-1550 714-637-6321 Bidder's Telephone and Fax Numbers 782908 CLASS A & C-12 Bidder's License No(s). and Classification(s) 1000004235 DIR Registration Number R.J. NOBLE COMPANY Bidder X Bidder'- uth6rized Signature and Title STEVE'MENDOZA, SECRETARY 15505 E LINCOLN AVE., ORANGE, CA 92865 Bidder's Address Bidder's email address: stevemendoza@rjnoblecompany.com PR -1 City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT (C-7680-1), bidding on September 5, 2019 10:00 AM (Pacific) Bid Results Bidder Details Electronic Vendor Name R.J. Noble Company Address 15505 E. LINCOLN AVENUE Bid Responsive ORANGE, CA 92865 Bid Status United States Respondee jennifer De longh Respondee Title Contract Administrator Phone 714-637-1550 Ext. 311 Email jenniferdeiongh@rjnoblecompany.com Vendor Type CADIR License # 782908 CADIR 1000004235 Bid Detail Bid Format Electronic Submitted September 5, 2019 9:48:01 AM (Pacific) Delivery Method Bid Submittal C-7680-1 RJ NOBLE CO.pdf Bid Responsive Bid Bond C-7680-1 RJ NOBLE CO 9-5-19.pdf Bid Status Submitted Confirmation # 189147 Ranking 0 Respondee Comment Buyer Comment Attachments Item Code File Title File Name Bid Submittal C-7680-1 RJ NOBLE CO Bid Submittal C-7680-1 RJ NOBLE CO.pdf Bid Bond C-7680-1 RJ NOBLE CO Bid Bond C-7680-1 RJ NOBLE CO 9-5-19.pdf Line Items Type Item Code UOM Qty Bid Schedule A - Corona del Mar, San Joaquin Hills Road and Westcliff Alleys 1 Mobilization A-1 LS 1 2 Surveying Services A-2 LS 1 3 Traffic Control A-3 LS 1 4 Signing and Striping A-4 LS 1 5 Remove and Construct Concrete Alley Gutter A-5 SF 5000 PlanetBids, Inc. Unit Price $50,000.00 $20,500.00 $10,500.00 $6,500.00 $31.00 Page 1 Printed 09/05/2019 File Type General Attachment Bid Bond Line Total Comment $50,000.00 $20,500.00 $10,500.00 $6,500.00 $155,000.00 City of Newport Beach Page 2 STREET AND ALLEY PAVEMENT REPAIR PROJECT (C-7680-1), bidding on September 5, 2019 10:00 AM (Pacific) Printed 09/05/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove and Construct Concrete Alley Approach A-6 SF 1000 $22.00 $22,000.00 7 Remove and Construct Concrete Type A Curb and Gutter A-7 LF 120 $44.00 $5,280.00 8 Remove and Construct Concrete Sidewalk A-8 SF 200 $19.25 $3,850.00 9 Remove and Construct Concrete Driveway A-9 SF 300 $21.50 $6,450.00 10 Construct 15 -inch Thick Asphalt Concrete Digout A-10 SF 8500 $11.00 $93,500.00 11 Coldmill Asphalt Concrete A-11 SF 125000 $0.50 $62,500.00 12 Crack Seal A-12 LS 1 $6,500.00 $6,500.00 13 Place 1.5 -inch Asphalt Concrete Finish Course A-13 TN 730 $92.50 $67,525.00 14 Place 2 -inch Asphalt Concrete Finish Course A-14 TN 610 $96.00 $58,560.00 15 Lower and Adjust Sewer Manhole Frame and Cover to Grade A-15 EA 10 $575.00 $5,750.00 16 Lower and Adjust Storm Drain Manhole Frame and Cover to Grade A-16 EA 1 $575.00 $575.00 17 Remove and Install New Survey Monument A-17 EA 2 $550.00 $1,100.00 18 Remove and Install New Water Valve Box to Grade A-18 EA 27 $710.00 $19,170.00 19 Provide As -Built Drawings A-19 LS 1 $110.00 $110.00 Subtotal $595,370.00 Bid Schedule B - Mariners Library Parking 20 Mobilization B-1 LS 1 $5,400.00 $5,400.00 PlanetBids, Inc. City of Newport Beach Page 3 STREET AND ALLEY PAVEMENT REPAIR PROJECT (C-7680-1), bidding on September 5, 2019 10:00 AM (Pacific) Printed 09/05/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 21 Surveying Services B-2 LS 1 $2,700.00 $2,700.00 22 Traffic Control B-3 LS 1 $1,000.00 $1,000.00 23 Signing and Striping B-4 LS 1 $400.00 $400.00 24 Remove Existing Concrete Curb B-5 LF 110 $15.00 $1,650.00 25 Remove Existing Concrete Sidewalk and Driveway B-6 SF 1000 $4.75 $4,750.00 26 Remove Existing Asphalt Concrete Pavement B-7 SF 550 $6.00 $3,300.00 27 Construct Concrete Curb Type B B-8 LF 120 $34.50 $4,140.00 28 Construct Concrete Sidewalk B-9 SF 850 $9.50 $8,075.00 29 Remove Existing & Install New Traffic Rated Street Lighting Pull Box B-10 LS 1 $1,100.00 $1,100.00 30 Remove Existing & Install New Street Light Conduit and Wiring B-11 LS 1 $6,400.00 $6,400.00 31 Place 6 -inch Thick Crushed Miscellaneous Base B-12 CY 50 $170.00 $8,500.00 32 Place 4 -inch Thick Asphalt Concrete B-13 TN 70 $140.00 $9,800.00 33 Install 4 -Foot Black Vinyl Coated Chain Link Fence B-14 LF 50 $125.00 $6,250.00 34 Remove Conflicting and Reconfigure Landscape and Irrigation B-15 LS 1 $9,000.00 $9,000.00 35 Install Topsoil and Turf B-16 LS 1 $7,500.00 $7,500.00 36 Provide As -Built Drawings B-17 LS 1 $110.00 $110.00 Subtotal $80,075.00 PlanetBids, Inc. City of Newport Beach STREET AND ALLEY PAVEMENT REPAIR PROJECT (C-7680-1), bidding on September 5, 2019 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Total Bid Schedule C - Mesa Drive Name & Address Description 37 Mobilization Case Land Surveying SURVEY 5411 1000001533 614 N. Eckhoff Street C-1 LS 1 $10,500.00 38 Surveying Services California Professional ELECTTRICAL 793907 C-2 LS 1 $3,200.00 39 Traffic Control Unit E C-3 LS 1 $1,000.00 40 Signing and Striping C-4 LS 1 $400.00 41 Construct 10 -foot Wide Catch Basin C-5 EA 1 $14,500.00 42 Remove Existing AC Berm/Curb and Gutter C-6 LF 210 $8.20 43 Construct Concrete Type A Curb and Gutter - 8 -Inch Curb Face C-7 LF 210 $35.00 44 Remove Existing AC Pavement C-8 SF 2600 $3.50 45 Remove and Construct New Metal Beam Guard Rail & Posts C-9 LF 70 $140.00 46 Place 6 -inch Thick CMB C-10 CY 70 $130.00 47 Place 4 -inch Thick Asphalt Concrete C-11 TN 90 $115.00 48 Grade and Compact Roadway Shoulder C-12 LS 1 $3,500.00 49 Provide As -Built Drawings C-13 LS 1 $110.00 Page 4 Printed 09/05/2019 Line Total Comment $10,500.00 $3,200.00 $1,000.00 $400.00 $14,500.00 $1,722.00 $7,350.00 $9,100.00 $9,800.00 $9,100.00 $10,350.00 $3,500.00 $110.00 $80,632.00 $7569077.00 Amount Type $25,350.00 $7,000.00 DGS,DBE,FSD,MBE Subtotal Total Subcontractors Name & Address Description License Num CADIR Case Land Surveying SURVEY 5411 1000001533 614 N. Eckhoff Street Orange, CA 92868 United States California Professional ELECTTRICAL 793907 1000001980 Engineering, Inc. 929 Otterbein Avenue Unit E La Puente, CA 91748 PlanetBids,Inc. United States Page 4 Printed 09/05/2019 Line Total Comment $10,500.00 $3,200.00 $1,000.00 $400.00 $14,500.00 $1,722.00 $7,350.00 $9,100.00 $9,800.00 $9,100.00 $10,350.00 $3,500.00 $110.00 $80,632.00 $7569077.00 Amount Type $25,350.00 $7,000.00 DGS,DBE,FSD,MBE City of Newport Beach Page 5 STREET AND ALLEY PAVEMENT REPAIR PROJECT (C-7680-1), bidding on September 5, 2019 10:00 AM (Pacific) Printed 09/05/2019 Bid Results Name & Address Description License Num CADIR Amount Type Cat Tracking, Inc. STRIPING 991122 1000011750 $6,850.00 CADIR 2950 Rubidoux Boulevard Riverside, CA 92509 United States Alcorn Fence Company FENCE 122954 1000001986 $15,240.00 9901 Glenoaks BLvd Sun Valley, CA 91352 United States O'DUFFY CONSTRUCTION CATCH BASIN 647025 1000006692 $20,000.00 24034 GUNTHER ROAD ROMOLAND, CA 92585 United States MD Crackfill CRACK SEAL 986686 1000006438 $6,100.00 PO Box 15504 Santa Ana, CA 92735 United States Marina Landscape, Inc. LANDSCAPE 492862 1000000079 $15,500.00 CADIR 3707 W. Garden Grove Blvd. Orange, CA 92868 United States EBS GENERAL ENGINEERING CONCRETE 720016 1000005295 $174,850.00 CADIR INC 1320 E SIXTH ST, STE 100 CORONA, CA 92879 United States PlanetBids, Inc. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET AND ALLEY PAVEMENT REPAIR PROJECT PROJECT NO. 20R11 PROJECT NO. 20R07 PROJECT NO. 20R03 CONTRACT NO. 7680-1 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 2-9.2 Survey Service 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 1 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 18 PART 2 - CONSTRUCTION MATERIALS 19 SECTION 200 — ROCK MATERIALS 19 200-2 UNTREATED BASE MATERIALS 19 200-2.1 General 19 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 19 201-1 PORTLAND CEMENT CONCRETE 19 201-1.1 Requirements 19 201-1.1.2 Concrete Specified by Class and Alternate Class 19 201-2 REINFORCEMENT FOR CONCRETE 19 201-2.2 Steel Reinforcement 19 201-2.2.1 Reinforcing Steel 19 SECTION 203 — BITUMINOUS MATERIALS 19 203-6 ASPHALT CONCRETE 19 203-6.5 Type III Asphalt Concrete Mixtures 19 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 20 214-4 PAINT FOR STRIPING AND MARKINGS 20 214-4.1 General 20 214-6 PAVEMENT MARKERS 20 214-6.3 Non -Reflective Pavement Markers 20 214-6.3.1 General 20 214-6.4 Retroreflective Pavement Markers 20 214-6.4.1 General 20 SECTION 215 - TRAFFIC SIGNS 20 PART 3 - CONSTRUCTION METHODS 20 SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.1 General 300-1.3.2 Requirements SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General 302-5.8 Manholes (and Other Structures) 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General 303-5.5 Finishing 303-5.5.2 Curb 303-5.5.4 Gutter 20 21 21 21 21 21 21 21 22 22 22 22 22 22 22 22 22 23 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 23 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 23 314-4.1 General 23 314-4.2 Control of Alignment and Layout 23 314-4.2.1 General 23 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 23 314-4.4.1 General 23 314-4.4.2 Surface Preparation 24 314-5 PAVEMENT MARKERS 24 314-5.1 General 24 SECTION 315 - TRAFFIC SIGN INSTALLATION 24 PART 6 — TEMPORARY TRAFFIC CONTROL 24 SECTION 600 - ACCESS 24 600-1 GENERAL 24 600-2 VEHICULAR ACCESS 25 600-3 PEDESTRIAN ACCESS 25 SECTION 601— WORK AREA TRAFFIC CONTROL 25 601-1 GENERAL 25 601-2 TRAFFIC CONTROL PLAN (TCP) 26 PART 8 — LANDSCAPING AND IRRIGATION 27 SECTION 800 - MATERIALS 27 800-1 LANDSCAPING MATERIALS 27 800-1.1 Topsoil 27 800-1.1.1 General 27 SECTION 801 - INSTALLATION 27 801-1 GENERAL 27 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 28 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS STREET AND ALLEY PAVEMENT REPAIR PROJECT PROJECT NO. 20R11 PROJECT NO. 20R07 PROJECT NO. 20R03 CONTRACT NO. 7680-1 INTRODUCTION �07sj—�� S1 BENJAMIN DAVIS No. 82 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6099-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions 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 SYMR01 R 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK Page 1 of 28 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a California Contractor 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. 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 the following: • Distribute construction notices to affected businesses and residents • Provide traffic control plans for all work locations and stamped plans for San Joaquin Hills Road • Establish traffic control for construction • Implementing BMP plan • Setup permit parking zone for alleys and handing out parking permits to affected residents in alleys • Clearing and grubbing, and grading • Construct new storm drain catch basin • Remove and construct alley gutter, alley approach, curb and gutter, sidewalk, driveways and sidewalk • Remove existing and install new street light pull box and conduit and wiring • Constructing sub grade, base and new asphalt concrete street • Coldmill existing asphalt concrete pavement and reconstructing asphalt concrete alleys, parking areas and roads • Crack sealing • Lower and Adjust manholes, and remove and install new water valve boxes and survey monuments • Installing temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers • Reconfiguring irrigation, installing new top soil, planting turf and maintaining turf • Coordinating with outside utility owners to have their facilities repaired and raised to grade • Installing new 4 -foot high fence in new turf area • Other incidental items as required by Plans and Specifications • Provide As -built drawings Page 2 of 28 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 will: 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. 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. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition work, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. 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. Page 3 of 28 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 (prior to any markups) 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 (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. 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 Page 4 of 28 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 sand blasting 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 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 within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. 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. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK Page 5 of 28 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 45 consecutive working days 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. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. All work for Bid Schedule C at Mesa Drive shall be completed before work at other locations is allowed to start. The Contractor is required to expedite contract and insurance requirements to start work at this location as early as possible. Work on Westcliff Alleys shall be completed one alley at a time. Each Alley shall have a permit parking zone set up on an adjacent street approved by the Engineer. Two temporary parking permits will be given to each resident of the alley during construction on their alley. Temporary Parking Permits will be provided by the City. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working Page 6 of 28 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. 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) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (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 full size 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 on 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 consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. In addition to the specified overall contract time, an additional liquidated damage of Page 7 of 28 $1,000 for each consecutive calendar day will be assessed for not completing the temporary striping and tabbing as described in Section 314-4.1. In addition to the specified overall contract time, an additional liquidated damage of $1,000 for each consecutive calendar day will be assessed for not completing the Thermoplastic striping and tabbing as described in Section 314-4.4.1. 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. 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. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials Page 8 of 28 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 back -charging 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. In the event the City incurs any administrative civil liability (fine) imposed by the RWQCB as a result of Contractor's failure to fully implement the provisions of this section, the Engineer may withhold from payments otherwise due the Contractor a sufficient amount to cover the fine. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. Page 9 of 28 7-10.4 Safety 7-10.4.1 Work Site Safety 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: Bid Schedule A — Corona del Mar, San Joaquin Hills Road and Westcliff Alleys Item No. A-1 Mobilization: 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. Page 10 of 28 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. A-2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. A-3 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 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 W.A.T.C.H. Manual, latest edition, and City requirements. Item No. A-4 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-5 Remove and Construct Concrete Alley Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete alley gutter, grading and compacting subgrade, placing and compacting crushed miscellaneous base if required to meet grade, constructing concrete alley gutter per Alley Gutter Detail as shown in the Plans, constructing asphalt concrete slot paving adjacent to cross gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No.A-6 Remove and Construct Concrete Alley Approach: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing alley approach, grading and compacting subgrade, placing and compacting crushed miscellaneous base, constructing concrete alley approach per CNB DWG STD -142-L Type A, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-7 Remove and Construct Concrete Type A Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material Page 11 of 28 costs for removing and disposing the existing concrete curb and gutter, grading and compacting subgrade, reconstructing existing curb openings and curb drains, constructing concrete curb and gutter per CNB DWG STD -182-L Type A, constructing asphalt concrete slot paving adjacent to the curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-8 Remove and Construct Concrete Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sidewalk, grading and compacting subgrade, constructing concrete sidewalk per CNB DWG STD -180-L, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-9 Remove and Construct Concrete Driveway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing driveway approach, grading and compacting subgrade, placing and compacting crushed miscellaneous base, constructing concrete driveway approach per CNB DWG STD -162-L, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-10 Construct 15 -Inch Thick Asphalt Concrete Digout: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing 15 inches of asphalt and subgrade materials, including removing and disposing of pavement fabric, placing and compacting crushed miscellaneous base, construction of 7 inches of new asphalt concrete, constructed below the new 2 -inch finished course and all other work items as required to complete the work in place. Item No. A-11 Cold Mill Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Item No. A-12 Crack Seal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for routing out the crack, applying a soil sterilizer, crack sealing, and all other work items as required to complete the work in place. Item No. A-13 Place 1.5 -Inch Thick Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course and all other work items as required to complete the work in place. Item No. A-14 Place 2 -Inch Thick Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course and all other work items as required to complete the work in place. Page 12 of 28 Item No. A-15 Lower and Adjust 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 grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-16 Lower and 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 grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-17 Remove and Install New Survey Monument: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing survey monument box and cover, temporarily lowering and/or covering the survey monument to facilitate paving operation, furnishing and installing a new survey monument box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-18 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/or covering the valve to facilitate paving operation, furnishing and installing a new water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. A-19 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 $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Bid Schedule B — Mariners Library Parking Item No. B-1 Mobilization: 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. Page 13 of 28 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. B-2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. B-3 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 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 W.A.T.C.H. Manual, latest edition, and City requirements. Item No. B-4 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-5 Remove Existing Concrete Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing concrete curb, removing conflicting existing improvements, temporary and permanent support and protection of existing utilities, excavating, controlling ground and surface water, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-6 Remove Existing Concrete Sidewalk and Driveway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing concrete sidewalk and driveway, removing conflicting existing improvements, temporary and permanent support and protection of existing utilities, disposing of excess material, excavating, temporary patching or plating, controlling ground and surface water, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-7 Remove Existing Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing asphalt concrete pavement, grading and Page 14 of 28 compacting subgrade, temporary and permanent support and protection of existing utilities, disposing of excess material, excavating, temporary patching or plating, controlling ground and surface water, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-8 Construct Concrete Type B Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete curb per CNB DWG STD -182-L Type B, constructing asphalt concrete slot paving adjacent to the curb, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-9 Construct Concrete Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing sidewalk per CNB DWG STD -180-L, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-10 Remove Existing & Install New Street Lighting Pull Box: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing conduits, installing new conduits, constructing new traffic signal pull box, pulling new wires from pull box to pull box with all new wires and splices, making new electrical connections per CNB STD -204-L, all splices and fuse holders must be per CNB STD -205-L, and restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-11 Remove Existing & Install New Street Lighting Conduit and Wiring: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing conduits, installing new conduits, constructing new traffic signal pull box, pulling new wires from pull box to pull box with all new wires and splices, making new electrical connections per CNB STD -204-L, all splices and fuse holders must be per CNB STD -205-L, and restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-12 Place 6 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, placing crushed miscellaneous base, and compacting base to level required as shown in the plans, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-13 Place 4 -Inch Thick Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, placing and compacting asphalt concrete in two lifts 2 -inches for each lift and all other work items as required to complete the work in place. Item No. B-14 Install 4 -Foot Black Vinyl Coated Chain Link Fence: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for Page 15 of 28 installing concrete foundation and posts per CNB STD 230 -L-A , all fence components shall be black vinyl coated, , and all other work items as required to complete the work in place. Item No. B-15 Remove Conflicting and Reconfigure Landscape and Irrigation: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, removing and fixing any landscape and irrigation conflicts, installing new irrigation to support new turf, constructing landscape and irrigation conduits, restoring all existing landscape and irrigation improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-16 Install Topsoil and Turf: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and removing 6 - inches of subgrade, tilling 2-3 inches of sub soil, placing 6 inches top soil, installing new turf to match existing turf at the park, maintenance of turf which includes monitoring irrigation to ensure all turf survives during 90 day plant establishment period, repairing any improvements damaged by the work, and all other work items as required to complete the work in place. Item No. B-17 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 $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Bid Schedule C — Mesa Drive Item No. C-1 Mobilization: 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. C-2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. C-3 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 Page 16 of 28 and 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 W.A.T.C.H. Manual, latest edition, and City requirements. Item No. C-4 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-5 Construct 10 -foot wide Catch Basin: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing conflicting RCP, removing conflicting existing improvements, temporary and permanent support and protection of existing utilities, disposing of access material, potholing and exposing utilities in advance of work, excavating, temporary patching or plating, controlling ground and surface water, grading and compacting subgrade, constructing concrete catch basin, installing base, shaft, steps, grade rings, manhole frames and covers, connecting to existing storm drain facilities, backfilling, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-6 Remove Existing Asphalt Concrete Berm and Concrete Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing concrete asphalt concrete berm and concrete curb and gutter and restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-7 Construct Concrete Type A Curb and Gutter — 8 -Inch Curb Face: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, placing and compacting new crushed miscellaneous base , constructing concrete curb and gutter per CNB DWG STD -182-L Type A, constructing asphalt concrete slot paving adjacent to the curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-8 Remove Existing Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing asphalt concrete pavement, grading subgrade, protecting existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page 17 of 28 Item No. C-9 Remove and Construct New Metal Beam Guard Rail and Posts: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing metal beam guard rail, constructing new metal Beam Guard Railing per Cal -Trans 2018 Revised Standard Plan RSP A77L1, including digging post holes, compacting soil around new posts and supplying all materials and parts required to construct the metal beam guard rail and restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-10 Place 6 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, compacting crushed miscellaneous base, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-11 Place 4 -Inch Thick Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, placing and compacting asphalt concrete in two lifts, 2 - inches thick for each lift and all other work items as required to complete the work in place. Item No. C-12 Grade and Compact Roadway Shoulder: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, grading and compacting final grade for roadway shoulder, installing straw waddles and erosion control measure to support graded area, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. C-13 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 $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. 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. Page 18 of 28 PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS K1104110111:1 =F_1 I =1 11 1_F9 =1 LVA /_1I =1 V F_1169 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. SECTION 203 — BITUMINOUS MATERIALS 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 -B2 -PG 64-10 (20% max RAP). Page 19 of 28 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 21/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK Page 20 of 28 300-1 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 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 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. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Page 21 of 28 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. 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 the use of 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. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A Page 22 of 28 two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been placed. Upon completion of AC base course, temporary painted striping shall be installed. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or delinate traffic lanes before opening to traffic. The Contractor shall paint traffic stripes within 24 hours after the removal or covering of existing striping or markings. No street shall be without painted striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement has been in place for at least 10 days. The final reflectorized thermoplastic striping must be installed no later than 20 days after the finish course pavement. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Page 23 of 28 Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement has been in place for at least 10 days. /G1! re1RT no 11aTiIV111991WI9Eel ►1I0E•01/G1IWON IEel 0 SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924-L for typical sign installation. PART 6 — TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Page 24 of 28 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY" signs are available from the Engineer. In addition to the 10 -day and 48-hour notices described above, the Contractor shall hand out two temporary parking permits to each residence adjacent to the alley construction. Temporary parking permits shall be filled out and signed by the Engineer and valid during the period of construction of the alley only. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. 601-1 GENERAL SECTION 601 — WORK AREA TRAFFIC CONTROL Page 25 of 28 The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) 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. For San Joaquin Hills Road work area the Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. For all other work locations Traffic Control plans must be prepared and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. Page 26 of 28 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 8. 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. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. Page 27 of 28 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruni a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 28 of 28