Loading...
HomeMy WebLinkAboutC-2355 - 1982-83 Street & Alley Resurfacing ProgramSEW P ° CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640.2251 October 25, 1983 R. J. Noble Co. 15505 E. Lincoln Ave. P.O. Box 620 Orange, CA 92666 Subject: Surety: Ohio Farmers Insurance Co. Bonds Nos.: 494 703 Project: Street S Alley Resurfacing Program 1982 -83 Contract No. t The City Council on September 12, 1983 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded with the Orange County Recorder on September 26, 1983, Reference No. 83- 422522. Please notify your surety company that the bonds may be released 35 days after this recording date. Sincerely, Wanda E. Andersen City Clerk WEA:lr cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 f ` Bch NewportN &1►, GA 9268�•3Al4 INU CtlNS{ER�i &+ Pf'e Idlnu,equ"J De, OovemmW Code 61M NOTICE OF COMPLETION PUBLIC WORKS nO- 422522 a.C. Recorder- H: M A e N. Sep 96 'g3 '10 All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on September 12, 1983 _ the Public Works project consisting of Street and Alley Resurfacing Program 1982 -83 (C -2355) — on which R. J. Noble Co., 15505 E. Lincoln Ave., PO. Box 620, Orange CA 92666 . was the contractor, and Ohio Farmers Insurance Co. 2112 E. 4th Street Santa Ana 99705 was the surety, was completed. VERIFICATION I, the undersigned, say: CITE OF NEWPORT BFACH ublic Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 13, 1983 at Newport Beach, California. rww� ublic orks Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on September 12, 1983 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 13, 1983 at Newport Beach, California. d ;� L �� City Clerk CITY OF NEWPORT BEACH U OFFICE OF THE CITY CLERK d. c10FORNS (714) 640-2251 September 13, 1983 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Enclosed for recordation are two Notices of Completion of Public Works projects consisting of: 1. Street and Alley Resurfacing Program 1982 -83, Contract No. 2355 on which R. J. Noble Co. was the Contractor and Ohio Farmers Insurance Co. was the Surety. 2. Street and Alley Slurry Seal Program 1982 -83, Contract No. 2354 on which Ted R. Jenkins was the Contractor and United Pacific Insurance Co. was the Surety. Please record and return to us. Sincerely, Wanda E. Andersen City Clerk WEA:lr enclosure (2) City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • TO: CITY COUNCIL FROM: Public Works BY THE CITY COUNCIL September 12, 1983 CITY OF NEWPORT BEACH CITY COUNCj11 AGENDA SEP 121983 ITEM NO. 1 1VWME2L'_1_/ Department SUBJECT: ACCEPTANCE OF 1982 -83 STREET AND ALLEY RESURFACING PROGRAM (C -2355) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the 1982 -83 Street And Alley Resurfacing Program has been completed to the satisfaction of the Public Works Department. The bid price was $372,310.00 Amount of unit price items constructed 397,490.19 Amount of change orders see below Total contract cost 397,490.19 Funds were budgeted in the General Fund. During construction it was found that the existing pavement in Corona Highlands would not support the heater - scarifier machine. In this area, a 12 -inch overlay was used in lieu of 1 -inch over the heated - scarified pave- ment as specified. A change order was issued directing this.modified section. The increase in the amount of the unit price items constructed also resulted from this change. The design engineering was performed by the Public Works Department. The contractor is R. J. Noble Company of Orange, California. The contract date of completion was July 31, 1983. The work was completed on July 15, 1983. Poe Benjamin B. Nolan Public Works Director GPD:rb i • CITY OF NEWPORT BEACH P.U. BUX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: May 23, 1983 SUBJECT: Contract No. C -2355 Description of Contract Street and Alley Resurfacing Program (82 -83) Effective date of Contract May 20, 1983 Authorized by Minute Action, approved on May 9, 1983 Contract with R. J. Noble Co Address 15505 E. Lincoln Ave. P.O. Box 620 , CA 92666 Amount of Contract $372,310.00 Alm& Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach N w i N 4!' O i C U O ro 3. i O) to 4- u J T NE L E 4J r• O 4-0 Oro W r i C r w ty N a c 0 •r N orov ++ •r O) C roro u i In v N i C S 7 •r i N 1 r C 4- 3r N >) Ol N Q N O Y t0 u +J i S- 0 r O • C 3 4 � c +� ro 4- i O O w - > C N C) OY i •r i ro v)+J o 3 c ro 3 ro •�•• N i G N E•r OJt ro 7 did .. 0-54- S- U O � � i M 00 o) T 2 z W N W. w a W _u z > w J W z r .. f O U W J ' m O Z I M N V CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M. on the 28th day of April , 1983, at which time such bids shall be opened and read for 2355 Contract No. $370,000 Engineer's Estimate • Approved by the City Council this j11th day of April _//�, 1983 Lf_.C/i.YlGt.CL �d&a i� Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Stephen Luy at 640 -2281. Project Engineer 0 0 • RJ, NOBLE COMPANY ASPHALT PAVING - ENGINEERING CONTRACTORS 16500 LINCOLN AV[NVC - F.O. SOX 620 • ORANGI. CALIFORNIA 62666 • 1714) 617-1660 - 1416) 626-1026 LIC. A - 121735 May 16, 1983 SUB- CONTRACTOR: G. J. PAYNE COMPANY P.O. Box 4906 Carson, California 90749 213 - 327 -4060 MATERIAL FURNISHED: R. J. NOBLE COMPANY P. O. Box 620 Orange, California 92666 714 - 637 -1550 I • • PR la CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET AND ALLEY RESURFACING PROGRAM (1982 -83) CONTRACT NO. 2355 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete this Contract 2355 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 186,500 Heater scarify and rejuvenate existing Square Yards A.C. surface @ No Dollars and Fift -four. Cents $ .54 $100,710.00 Per square yar 2. 7,750 Construct asphalt concrete overlay Tons. @ Twenty -seven Dollars and Twenty $ 27.20 $210.800.00 Per ton 3. 181 Adjust storm drain and sewer manhole Each covers to finished grade @ One hundred forty Dollars and No Cents $ 140.00 $ 25- 340.00 Each TOTAL PRICE WRITTEN IN WORDS: i Three hundred seventy -two thousand three hundred ten Dollars and No Cents $ 372,310.00 A- 121735 A -1 General Contractors Lic. No. & C asst ication R. J. NOBLE COMPANY Bidder i April 28, 1983 S /Neil R. Evans, Vice President Date Authorized Signature 15505 E. Lincoln Avenue, P.O. Box 620 Orange, California 92666 (714) 637 -1550 Bidder's Address Bidder's Telephone Number • . PR lb I ' ITEM QUANTITY NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 223 Adjust valve and monument covers to Each finished grade One hundred twenty Dollars and No Cents $ 120.00 $ 26,760.00 Eac 5. Lump Sum Traffic striping and pavement markings Eight thousand seven hundred Dollars and No Cents $ 8,700.00 $ 8,700.00 Lump sum TOTAL PRICE WRITTEN IN WORDS: i Three hundred seventy -two thousand three hundred ten Dollars and No Cents $ 372,310.00 A- 121735 A -1 General Contractors Lic. No. & C asst ication R. J. NOBLE COMPANY Bidder i April 28, 1983 S /Neil R. Evans, Vice President Date Authorized Signature 15505 E. Lincoln Avenue, P.O. Box 620 Orange, California 92666 (714) 637 -1550 Bidder's Address Bidder's Telephone Number 7 0 INSTRUCTIONS TO BIDDERS E Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. A- 121735 A -1 General Cont r's Lic. No. & Classification Date April 28, 1983 R. J. NOBLE COMPANY Bidder S /Neil R. Evans, Vice President Authorized Signature /Title 0 DESIGNATION OF SUBCONTRACTOR(S) Page 3 The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. Heater Scarify & Rejuvenate G. J. Payne Co. P.O. Box 4906 M Carson. CA 90 3. (213) 327 -4060 4. 5. 6. 7. 8. 9. 10. 11. 12. R, J. NOBLE COMPANY Bidder S e l ' R. Evans. Vice President Authorized Signature /Title FOR OANAL SEE CITY CLERK'S FILE COPP BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, W... / That we, R. J. NOBLE COMPANY , as bidder, and OHIO FARMERS INSURANCE COMPANY and firmly bound unto the City of Newport Ten Percent of the Amount Bid in lawful money of the United States for the to be made, we bind ourselves, jointly an THE CONDITION OF THE FOREGOING OBLIGATION , as Surety, are held Beach, California, in the sum of Dollars ($ 10% ), payment of which sum well and truly i severally, firmly by these presents. IS SUCH, That if the proposal of the above bounden bidder for the construction of e of Project Con in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 21st day of April , 1983• (Attach acknowledgement of Attorney -in -Fact) a F_ .1Prni gaan Notary Public Commission expires Jan. 24, 1984 R. J. NOBLE COMPANY Bidder S /Paul H. Cleary, Jr., President Authorized Signature /Title OHIO FARMERS INSURANCE COMPANY Surety BY _,;/David A. Bender .! NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 28th day of April 1983 . My commission expires: , ,. R. J. NOBLE COMPANY Bidder S /Neil R. Evans, Vice President Authorized Signature /Title S /M. A. Groskoaf Notary Public F•ORIGINAL SEE CITY CLERK'S FILE •PY Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. R. J. NOBLE COMPANY Bidder S /Neil R. Evans, Vice President Authorized Signature /Title 0 . Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. See attached. R. J. NOBLE COMPANY Bidder S /Neil R. Evans Vice President Authorized Signature /Title • • .Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year AMOUNT LOCATION Completed For Whom Performed (Detail) Person to Contact Telephone No_ %2, T$8 4183 Anaheim Redevelopment Lincoln E Claudina 533 -8750 33,042 4/83 Anaheim Redevelopment Lincoln 8 Claudina 533 -8750 3183 Batavia E Lincoln 532 -0334 3/83 City of La Habra Chestnut St. Impts. 523 -7700 2/83 Cty of Fullerton Various City Sts. 738 -6527 1/83 City of Anaheim Neighborhood Preserv. 999 -5169 77,599 2183 City of Brea Walnut-DAte St. Impt. 529 -4951 Blvd. 65,408 80,139 2/83 City of Brea Berry St. Impts. 529 -4951 Yorba Linda 21 ,641 Ave. 777 -5000 2183 Cty of Tustin El Camino Real 544 -8890 4/82 City of Anaheim Patt St. Juliana Pk. 999 -5169 78,689 10/82 City of Seal Beach Seal Beach Blvd. 213= 431 -2527 80,139 1/83 City of Yorba Linda Casa Loma Ave. 777 -5000 278,898 10/82 Cty of Fountain Valley Euclid St. Impts. 963 -8321 113,35T 11182 County of Orange La Homa 6 Sprague 834 -3704 11182 City of La Habra Portola Park 526 -2227 8/82 County of Orange Minuet Lane Impts. 834 -3704 4/8 City of Westminster Bolsa 6 Brookhurst 898 -3311 6182 City of Tustin Red Hills Av. 544 -8890 10182 City of Santa Ana Euclid St. Impts. 834 -4228 92,626 5182 City of La Habra Warne St. (mots. 526 -2227 R. J. NOBLE COMPANY Aut of ze Signa Title NEIL R. EVANS, VICE PRESIDENT 1 • • Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: . PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since 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 sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders'.Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Property- Casualty. Coverages shall be provided for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. • BOND # 494 703 Page 9 PREMIUM INCLUDED IN.PERFORMANCE BOND. PAYMENT BOND EXECUTED IN FOUR COUNTERPARTS. KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 9, 1983 has awarded to R. J. NOBLE COMPANY hereinafter designated as the "Principal ", a contract for STREET AND ALLEY RESURFACING PROGRAM (1982 -83) (C -2355) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 R_ J_ NOBLE COMPANY as Principal, and DHTO FARMFRS TNSIIRANCF r.OMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED EIGHTY -SIX THOUSAND ONE HUNDRED FIFTY - FIVE - -- Dollars ($186.155.00 ), said sum being one -half 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon a , M Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sjctions 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the I th day of MAX R. J. NOBLE COMPANY (Seal) Name of Contractor Principal Author zed Signat nd Title NEIL R..EVANS', VI E PRESID T t j utiorized Signature and/Title WILLIAM TIMOTHY CARVER, SECRETARY Approved as to form, Ci -Attorney OHIO FARMERS INSURANCE COMPANY (Seal) Name of Surety 2112 EAST FOURTH STREET. SANTA ANA, CA_ 92705 Address of Surety a "4-P � Siq—fiature and Title of Authorized A ent LOUIS G. GRAHAM, JR., ATTORNEY -in -FACT Address of A gen 9040 E. TELEGRAPH RD., DOWNEY, CA. 90240 Telephone No, of Agent « , y ( / :f % \ \ / / / ) \ \ ( / \ / % _\ : \ n \ ƒ § m § 9 k ) \\ {k§ � $ \ - ƒ � ƒ /! y ( / :f % \ \ / / / ) \ \ ( / \ / % _\ : \ n \ ƒ § m § 9 k ) \\ {k§ � / ( \ � 2 f � � f � mgez i -#»k[r � £ {f0 &.s, > � G - (\ }m ®§ 3 \� n }(\ \ $ �} > n .((f > m= ,a $ J �® ; v } - � R A ƒ/ f , I/ ■ General • Pcr No. 2865 -76 Power of Attorney Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint ............ Louis ,.....Graham,.. J? , ............................................................... ............................... ........................................................................................................ ............................... Santa Ana Calif orriia .., its true and lawful Attorneys) -in- Fact, with lull power and of . ............................... and State of .................. authority hereby conferred in itsname, placeandstead, to execute, acknowledge and deliver ...any and all .bonds t, .. . reco�ni2ancesr undertakingsr „or. other instruments or contracts of suretyship to include. waivers. to..the.conditions.of.contracts and .... ............................... consents of surety--------------------------------------------- . -----............. ........................................................................................................ ................. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance Company: "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suita ble persons as Attorney (s) -in- Fact to represent and act for and on behalf of the Company; subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact maybe given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogn izances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or to rm inating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Cor- porate Secretary” (Adopted at a meeting held on the 3rd day of July, 1957.) "Be It Resolved, that the power and authority to appoint Attorney(s) -in -Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice-President." (Adopted at a meeting held on the 13th day of July, 1976.) In Witness Whereof, OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by its ...Vice President and its corporate seal lobe hereto affixed this ...... 26th,,,,,,,,,,,,,, dayof ...... 14arG11 ........,...... A.D.,,j9 76... State of ......Ohio .... ............ .„ County of ....Medina ................ j ss.: On this .... ... 26 . t . . h,.... dayof .........Meech........ A.D.,19 . 76. , before n to me known, who, being by me duly sworn. did depose and say, that he resides in Wes' of OHIO FARMERS INSURANCE COMPANY, the company described in and which e) Company; that the seal affixed to said instrument is such corporate seal; that it was so and that he signed his name thereto by like order. Stale of ...... O......hio .................. County of Medina . ss.: .......................... CERTIFICATE Robe My �.ommission Loes tvoc expire . 147.03 Ohio Revised Code ,nallycame ..R... M., McGhee,,,,,,,,,,,,,,,, d OHthatheis ... Vicej)P esident, e abov nstrument; that he knows the seal of said by or r of the Boa f Directors of said Company; ldavrek Not Public I.......... ?? ?yid..$ ... &mith,..Jr... .. . ......................... Secretary of the OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and toregoing is a true and correct copy of a power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said CompaAates Cen Ohio,this 6t h dayof ...............MAY.......... A.D.. 1983... Daifh;'7r. A frRINN • Page 11 BOND NO. 494 703 PREMIUM: $1,862.00 FAITHFUL PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS. KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to R. J. NOBLE COMPANY hereinafter designated as the "Principal ", a contract for STREET AND ALLEY RESURFACING PROGRAM (1982 -83) (C -2355) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, R_ ,1_ NnRLF COMPANY as Principal, and OHIO FARMERS TNSURANCF COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of N01100 THREE HUNDRED SEVENTY -3:WO TIMISANn THREE HIINnRFO TFN AND UDollars ($ 372.310.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice .1 i • Page 12 Faithful Performance Bond (Continued) 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 Principal and Surety above named, on the 16th day of MAY , 1983.. r App rov d as to form: City Attorney R. J. NOBLE COMPANY (SealX Name of Contractor (Principal) WILLIAM TIMOTHY CARVER, SECRETARY OHIO FARMERS INSURANCE COMPANY (Seal) Name of Surety 2112 EAST FOURTH STREET, SANTA ANA, CA. 92705 Address of Surety Signature and Title of Authorised Agent LOUIS G. GRAHAM, JR., ATTORNEY -in -FACT INSURANCE INCORPORATED OF SO. CA. 9040 E. TELEGRAPH RD.. DOWNEY. CA. 90240 Address of Agent 213/771 -5566 Telephone No. of Agent \ \ Z / k , \ / \ n \ . § » § 9 @ ] BEM :=M; I g \\)( �_ ! ts \ 7\ CL cr \ \ Z / k , \ / \ n \ . § » § 9 @ ] BEM :=M; I g \\)( �_ ! � @ 2 D ® 1 � ® � �• m - r #x2rr.- - �\£zq >�tF - _ <.= 010 § wV)m ; }n z t $ k 2 mg _ MIS � zr� - 3 a A £ 2 General • Po* No, 2865 -76 Power of Attorney Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know Ali Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint ........... Louis . G., . Graham,.. i?' ............................................................... ............................... ........................................................................................................ ............................... of Santa Ana California ,its true and lawful Attorney withfull power and . ............................... and State of ............. y P authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver ..,any and all ,bonds, . recoPnizances, undertakings,..or. other instruments or contracts of .......................................... ............................... suretyship to, include waivers to..the, conditions of, contracts, and ............................ consents o.. surety-------------------------------------------------- ....................................................................................................................................... and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises, Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance Company: "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney (s) -in- Fact to represent and act for and on behalf of the Company, subject to the following provisions: "Section 1. Attorney -rn -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligalory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Cor- porate Secretary." (Adopted at a meeting held on the 3rd day of July, 19S7.) "Be It Resolved, that the power and authority to appoint Attorney(s) -in -Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice- President" (Adopted at a meeting held on the 13th day of July, 1976.) In Witness Whereof, OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by its ..,Vice President and its corporate seal to be hereto affixed this ......26th .............. day of ....... Mai ch............... A.D.J9 .!.6... State of ...... Ohio . . ........ . .... : .. . County of ....Medina ss.: ................. ,- V1C6 Pres 26th March AM.,19.76.,beforeme personally came .R...,M. McGhee On this ............... day of .............. p y ............................. , tome known, who, being by me duly sworn. did depose and say, that he resides in Westfield ..... OHthat he is... Vice „President of OHIO FARMERS INSURANCE COMPANY, the company described in and which execut a abov nsirument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so a ed by or rot the Boa f Directors of said Company; and that he signed his name thereto by like order. 1 ............... ....... ..... Rob tWavrek Not Public My otmaission Does Not Expire Ohio State of ............................... Sec. 147.03 Ohio Revised Code County of ... .......................... CERTIFICATE I.......... Dayxd.,S .,, $tpi Ch,.. JY .. ............................. Secretary ofthe OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of Attorney, executed by said Company, which is still in full force and effect; and f urthermore, the resolutions of the Board of Directors, set out in the power of Attorney are in full force and effect. ' In Witness Whereof, Ihave hereunto set my hand and affixed the seal of said Company at es ielC Cen Ohio this 16th . day of ............... MY .......... A.D., 19113... J i Da' i 'S. ' igifh; "Jr. ..... As cretsry BD 5410 C (Rev. 2 -77) City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED CERTIFICATE OF INSURANCE COMPANIES Page 13 Company A We.6teAn EmpZoyeu Insurance Company Letter comany B Lettper Kizs .on Nafii,onat Insurance Company This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Policy Exp. Date LIMITS F LIABILITY IN THOUSANDS 000 Each g. ro uc s Completed Occurrence Operations A GENERAL LIABILITY x Comprehensive Form x Premises - Operations x Explosion & Collapse Hazard x Underground Hazard GLOI- 0782- 15185 711183 Bodily Injury Property Damage $ $ $ $ x Products /Completed Operations Bodily Injury Hazard x Contractual Insurance and Property Damage Combined $ 500. $ 500. x Broad Form Property.Damage x Independent Contractors x Personal Injury Marine Personal Injury $ 500. Aviation A AUTOMOTIVE LIABILITY Comprehensive Form nx Owned BA01- 0782_ 15185 711183 Bodily Injury (Each Person $ $ 0 } y njury (Each Occurrence Qx Hired Property ama e Fx Non -owned o i y Injury and Property Damage Combined $ 500 EXCESS LIABILITY B © Umbrella Form Other than Umbrella Form 9N01 4865 711183 Land y Injury Property ge Combined $10,000. $10,000. WORKERS' COMPENSATION utor A and EMPLOYER'S LIABILITY CCO1- 0782- 2,000, kEach Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof,,the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. /y. By: Agency: Insurance Incoaaorated o4 So. Cat-_ Authorized Representative 09 Msu#83 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Job 05525 - SttLeet 6 AU ReAUh actin roject itle and ontract Number This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (x ) Single Limit Bodily Injury Liability $ 500,000. each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Job #5525 - St,%ee.t 8 Atiey Re.6ta6aci.ng Pnognam 1982 -83 Project Title and Contract No.). This endorsement is effective May 16, 1983 at 12:01 A.M. and forms a part of Policy NO.BAOI- 0782 -15185 Named Insured R.J. Nob.Ce Company eta.0 Endorsement No. xxo Ji Name of Insurance Company fUe6.tm Emp2oyex6 Inb. Co.gy . � Authorized Representative • & Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ (4 Single Limit occurrence Bodily Injury Liability $ 500,000. each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Job #5525 - S-tAeet E Pro.iect Title at 1982 -83 This endorsement is effective May 16, 1983 at 12:01 A.M. and forms a part of Policy No. GL01- 0782 -15185 Named Insured R.J. Nobke Company eta.2 Endorsement No. xxi Name of Insurance Company (Vestenn EmrAoyely, Inh. By � . ( i,1✓- � :< Authorized Representative Page. 16 CONTRACT THIS AGREEMENT, entered into this ��ay of 19, by and between the CITY OF NEWPORT BEACH, hereinafter "City ,' r n R. J. NOBLE COMPANY , hereinafter "Contract s made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: 2355 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, . NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of.the following described public work: STREET AND ALLY RESURFACING PROGRAM (1982 -83) 2355 Tit a of Project Contract o. which project is more fully described in the contract documents. Contractor shall performaand complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above-, City shall pay to Contractor the sum of work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) (b) (c) (d) (e) Notice Inviting Bids Instruction to Bidders and documents referenced therein Payment Bond Faithful Performance Bond Certificate of Insurance and endorsement(s) E (f) Plans and STREET AND ALLEY R Title of P (g) This Contract. al Provisions for ,CING PROGRAM (198 Page 17 Contract No. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. APPROVED AS TO FORM: ity Attorney CITY OF NEWPORT BEACH r AA II CITY R. J. NOBLE COMPANY Contract r By Its NEIL S E PRESIDENT By ZVzX,u - "IV-" Its WILLIAM TIA4OTHY C ER, SECRETARY CONTRACTOR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E STREET AND ALLEY RESURFACING PROGRAM (1982 -83) CONTRACT NO. 2355 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . 1 IV. WATER . . . . . . . . . . . . . . . . . . . . . 1 V. NOTIFICATION TO RESIDENTS AND BUSINESSES . . . 2 VI. TRAFFIC CONTROL PLANS AND "NO PARKING" SIGNS , 2 A. Traffic Control Plans. . . . . . . . . . . 2 B. "NO PARKING" Signs . . . . . . . . . . . . 2 VII. CONSTRUCTION DETAILS . . . . . . . . . . . . . 2 A. Heater - Scarify and Recycle Existing A.C. Surface . . . . . . . . . . . . . . . 2, 3, 4, & 5 B. Asphalt Concrete . . . . . . . . . . . . . 6 C. Utility Adjustments. . . . . . . . . . . . 6 D. Traffic Striping and Pavmenet Markings . . 6 E. Cooperation and Collateral Work. . . . . . 6 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS STREET AND ALLEY RESURFACING PROGRAM (1982 -83) CONTRACT NO. 2355 I. SCOPE OF WORK SP 1 of 6 The work to be done under this contract consists of (1) heater scarifying exist- ing pavement, (2) constructing asphalt concrete overlay, (3) adjusting utility boxes and manholes, and (4) performing other incidental items of work within the limits as shown on the plans. All work necessary for the proper completion of the contemplated improvements shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. R- 5470 -L, T- 5303 -L, T- 5300 -S, T- 5119 -S, T- 5116 -S, and T- 5304 -S), (3) the City's Standard S ecia1 Provisions and Standard Drawings f Public Works Construction 1982 Edition and 4 the Standard Specifications for Public Works Construction (1982 Edition). Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). II. TIME OF COMPLETION The Contractor shall complete all work within sixty (60) consecutive days following commencement of the specified work, or by July 31, 1983, whichever comes first. No work shall begin until a schedule of work has been approved by the Engineer. III. PAYMENT The unit price bid for each item of work shown on the proposal shall be con- sidered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for all items of work not separately provided for in the proposal shall be included in the prices bid for other items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Govern- ment Code Sections 4590 and 14402.5. IV. WATER The Contractor shall make provisions for obtaining and applying water necessary to perform his work. If the Contractor elects to use City water free of charge, it shall be his responsibility to make arrangements by contacting the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221. V. NOTIFICATION TO RESIDENTS AND BUSINESSES • SP 2 of 6 Forty -eight hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotifi- cation using an explanatory letter furnished by the Engineer. VI. TRAFFIC CONTROL PLANS AND "NO PARKING" SIGNS A. Traffic Control Plans The plans shall incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 2. A complete and separate plan for each stage of construction proposed by the Contractor showing all items listed under 1. above. 3. Reopening of all traffic lanes upon completion of each day's work. B. "NO PARKING" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Depart- ment, Traffic Division at (714) 644 -3742, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the CalTrans Uniform Sign Chart. The Contractor shall print the hours, day and date of closure in 2" high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. VII. CONSTRUCTION DETAILS A. Heater - Scarify and Recycle Existing A.C. Surface General Heater - scarifying shall consist of furnishing all labor, equipment and materials and performing all operations in connection with processing the existing asphalt concrete pavement in place by heating, scarifying, remix- ing, applying a recycling agent, applying an A.C. overlay and compacting. Equipment 0 SP 3of6 The asphalt scarifier - remixer shall be a machine specifically designed to reprocess upper layers of bituminous pavements. The machine shall be capa- ble of operating at speeds of 5 to 50 fpm and consist of an insulated com- bustion chamber adjustable in width from 6 feet to 13 feet with ports per- mitting fuel and forced air injection for proper combustion without ex- cessive smoke. Heaters shall comply with the requirements of the South Coast Air Quality Management District. The Contractor shall obtain the required operating permits from said District. Heaters shall have controls on the individual burners such that the surface temperature immediately behind the heating chamber will not vary by more than 250 F across the width of the heated area. The heater shall have a minimum heat output of 12,000,000 BTU per hour as determined by fuel consumption. All heaters used shall have the same width heating chamber. The last heater in any heating train shall be equipped with at least two rows of spring equalized scarifier teeth in uniform contact with the pave- ment and incorporating an automatic release for passing over manholes, valve covers, and other existing structures without damaging them. The width of the scarified pavement shall be the same as the heating chamber. The transverse spacing of the teeth shall be such that at least 90% of the aggregate shall be remixed by spinning or tumbling. The aggregate shall not be pulverized, spalled or broken after scarification. The remixed material shall be spread evenly. The hourly machine capacity shall be a minimum of 1,200 sq. yds. of treated pavement. Construction Requirements The ambient temperature shall be at least 500 F during the heater - scarifying operation. If, in the opinion of the Engineer, weather conditions or other factors would be detrimental to obtaining a satisfactory result, the opera- tions shall cease. Prior to commencing heater - scarifying operations, the existing pavement shall be cleaned of all extraneous materials. Power brooms shall be supplemented where necessary by hand brooming and such other tools as required to bring the surface to a clean, suitable condition, free of all deleterious materials. The number of heater units utilized shall be determined by the Contractor. Multiple units shall be required if the pavement resists scarification to required depth without damaging the existing material. Multiple heater units shall be utilized in tandem such that the heat emitted will soften the asphalt concrete for the required depth for the entire width of the heating chamber and scarifier but not more than 6 inches beyond the scari- fied area. The surface of the pavement shall not be heated to a tempera- ture higher than 4000 F. The temperature of the scarified material shall be between 2500 F and 3250 F when measured immediately behind the scarifier. No uncontrolled heating causing differential softening of the asphalt con- crete will be permitted. Surface shall be scarified a minimum of 6 inches wider than each subsequent pass of the paving machine width chosen. SP4of6 The weight of the existing asphalt concrete has been assumed to be 144 pounds per cubic foot. On this basis, a minimum of 9 pounds per square foot of the existing asphalt concrete surface shall be scarified. If the specified amount is not being scarified, the work shall be stopped and shall be resumed only after the Contractor has made the needed adjustments and the Engineer is satisfied that this requirement can be met. Following the mixing operation, a recycling agent shall be applied at rates s hown on the Plan by a pressure distributor while the remixed material is still warm enough to cause demulsification. Overlapping applications of asphalt recycling agent or leaking of the distributor spray bar will not be allowed. No material to which the recycling agent has been applied shall be reheated or rescarified. After application of the recycling agent, the specified asphalt overlay shall be immediately applied and compacted. Prior to commencing work, the Engineer will mark the location of all exist- ing traffic signal detectors. The Contractor shall lift the scarifiers to protect the traffic signal detectors. Scarifiers shall be lifted and lowered approximately one foot from the outside of any traffic signal detector. The Contractor shall remove any loose material in the detector area and shall not apply any recycling agent to this area or any other unscarified area. Damage to the existing detectors caused by the Contractor's operation will require replacement of the detectors in their entirety at the Contractor's expense. Additionally, within that portion of the roadway where the heater - scarification operation is required, the Contractor shall not be allowed to heater - scarify an area greater than can be heated, scarified, remixed, recycling agent applied, A.C. overlaid and compacted within one work day. No vibratory rollers will be allowed. Protection of Existing Improvement Since high temperatures are required in the heater - scarifying operation, the Contractor shall exercise care against possible injury or damage to existing improvements. The Contractor shall protect all existing curbs, gutters, trees, shrubbery and other improvements from damage. Smaller parkway trees shall be protected by shields and overhanging trees may be sprayed with water to inhibit damage. No machine with an open flame ex- haust will be permitted. Adjacent improvements shall be protected from overspraying of the recycling agent. Existing improvements damaged by the Contractor shall be repaired or replaced to the satisfaction of the Engineer at the Contractor's expense. Recycling Agent The recycling agent used on this project shall be "Reclamite" and spread at rates shown on the Plans. The recycling agent shall be delivered undiluted and conform to the following requirements. • • SP 5of6 RECYCLING AGENT Specification Viscosity, SFS, at 77 F Residue, % min.l Miscibility test2 Sieve test, % max.3 Particle charge test Tests on residue from ASTM D244 -60 (Mod.): Viscosity, cs., 140 F Asphaltenes, % max. Maltenes dist. ratio PC + A14 SS +A2 Test Method ASTM Requirements D244 -60 15 -40 D244 -60 (Mod.) 60 -65 D244 -60 (Mod.) no coagulation D244 -60 (Mod.) 0.10 D244 -60 positive D445 100 -200 D2006 -65 -T 0.75 D2006 -65 -T 0.3 -0.5 IASTM D244 modified evaporation test for percent of residue is made by heating a 50 -gram sample to 300 F until foaming ceases, then cooling immediately and calculating the results. 2Test procedure identical with ASTM D244 -60 except that 0.02 normal calcium chloride solution shall be used in place of distilled water. 3Test procedure identical with ASTM D244 except that distilled water shall be used in place of 2 percent sodium oleate solution. 4 I the maltenes distribution ratio test by ASTM method D2006 -65 -T: PC = polar compounds S = saturates Emission Control Al = first acidaffins A2 = second acidaffins The Contractor shall minimize the escaping of solids into the air caused by either the machine or the burning of pavement during the heating operation. In the event that a smoke problem develops and becomes excessive, it may be necessary to add additional blower systems or other devices or to remove the contaminant by cold milling. No additional compensation will be allowed for any extra steps required to reduce emissions. Measurement and Payment Heater - scarifying of the pavement will be paid for at the contract unit price per square yard. Such price shall constitute full compensation for the item complete as herein described and specified. • B. Asphalt Concrete • SP6of6 The work shall be done in accordance with Section 302 -5 "Asphalt Concrete Pavement" and 400 -4 "Asphalt Concrete" of the Standard Specifications except as modified and supplemented below: Type III -C -3 with 5.8 percent AR 4000 paving asphalt shall be used for the asphalt overlay. Asphalt overlay thickness shall be 3/4" nomimally. At street intersections, the asphaltic concrete shall be feathered to meet the existing pavement along a straight line defined by the edge of gutter produced. In addition, the Contractor shall feather down, leaving a maxi- mum 1/2 -inch lip along existing edge of P.C.C. gutter. Prior to placing the finish course on any surface that has not been heater scarified, a tack coat of Type SS -lh asphaltic emulsion at a rate not to exceed one -tenth (1 /10) of a gallon per square yard shall be uniformly applied. The surface shall be free of all loose material or dust when the tack coat is applied. C. Utility Adjustments Replace the second sentence in Standard Specifications Section 301 -1.6 "Adjustment of Manhole Frame and Cover Sets to Grade" with the following: "Sewer, storm drain, water, and survey monument covers within the area to be paved shall be set to finished grade by the Contractor." The Contractor shall not adjust to grade survey monument covers within the Harbor View Homes tract. D. Traffic Striping and Pavement Markings Change the first sentence of paragraph 1 of Subsection 310 -5.6.7 of the Standard Specifications to read: "The Contractor shall establish all necessary control points and shall perform all layout, alignment and spotting." The Contractor shall mark or otherwise delineate the new pavement with strip- ing and markings shown on the plans within 24 hours after removing or covering the existing striping and markings. If the Contractor fails to perform strip- ing and marking as specified herein, the Contractor shall cease all other work of this contract until the striping has been properly performed. Such term- ination of work shall require that the Contractor reinstall "No Parking" signs and renotify residents in accordance with Sections VI and V herein, respec- tively, at the Contractor's sole expense. Paint for traffic striping and pavement markings shall be white Formula Number 42A9 and yellow Formula Number 480A9 as manufactured by J. E. Bauer Company. E. Cooperation and Collateral Work The Contractor shall not perform work in Corona Highlands tract until storm drain work by others has been completed within the tract. Such storm drain work is anticipated to be complete by June 30, 1983. V O x,01 h >s • .e y f� NO -� it � '' ✓/ tiyoy Y ��F�O� • Q?�� `' , U A :..' % "'• `1 ; V./, ; G; i— �\•�/•' �P y i i a l'-800, STREETS TO BE RESURFACED L G NOTE: Recycling agent shall be applied J/j VVV at the rate of approximately '7 � ) 0.15 gal. /sy. � o C-, �r��r, I CITY OF NEWPORT BEACH - -- 1982 -83 STREET AND ALLEY RESURFACING PROGRAM C -2355 i ,r ? SCALE I"=800' DRAWN S.L. DATE 12/16/82 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. 1490C DRAWING NO. R- 5470 -L I f-/ /L LO 0.2/llE E4$7-, � II , >�4 c I VW / Y 7/y Z'2 y Tw t°T�ay TW y.p`JL'i ISTREETS TO BE RESURFACED NOTE: Recycling agent shall be applied at the rate of 0.05 to 0.15 =800 gal. /sy. 2 c= 3 CITY OF NEWPORT BEACH DRAWN S.L. DATE Ztj5 62 PUBLIC WORKS DEPARTMENT APPROVED 1982-83 PUBLIC WORKS DIRECTOR STREET AND ALLEY RESURFACING R.E. NO. /z8o6 PROGRAM C -2355 DRAWING No. R - 5470- L :I T J ✓ S .e G� T F S4yOl'gp>�� VIP C a�F < , 7r �C�CQ W W L 7 -1 �C i A42X CITY OF N A0 2D. Gf �� .n�� f NOTE: Recycling agent shall be applied at the rate of 0.15 to 0.20 gal./ sy. rte. aim F 0 STREETS TO BE RESURFACED 3 Of 9 WORT BEACH J DRAWN S.L. DATE =� S DEPARTMENT APPROVED / 1982 -83 STREET AND ALLEY RESURFACING PROGRAM C -2355 1 PUBLIC WORKS DIRECTOR R.E. NO. IMOC DRAWING No. R — 5470— L .o '� dO1S 0 WY7XIOar x- w,44k c� 'm ,00 =STOP CITY OF NEWPORT BEACH MMM °"`E mgnw Ep T YRICAL. T eAFF /C 6N( /N II.E. nu. .STOP /NTE,e SEC T/ONRdIYV71 -,IV ' D"WING *e. T -5303- r- 53o4'5. I L EG END s7zE6rs ro BE sreiPEo STOP ME55AGE B4¢,�000BI� YEGGOl1ll (S�& T- 5303 -L CITY OF NEWPORT BEACH DRAWN,�rN� DATE PUBLIC WORKS DEPARTMENT ,041AMN6 OF ST,excE7S IN CON✓UNC7 /O WITH /982 -83 541IR 2Y SerdG AAIP - .BESL1,EFpC //VC. P,2�G,eAi" DRAWING N0. 4774C/ AAM17- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET AND ALLEY RESURFACING PROGRAM (1982 -83) CONTRACT NO. 2355 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: PR is The undersigned declares that he has carefully examined the location of the work, has read the instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro- poses to furnish all materials and do all the work required to complete this Contract 2355 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 186,500 Heater scarify and rejuvenate existing Square Yards A.C. surface 2. 7,750 Tons. @ NO FIFTY FOUR Per square yard Construct asphalt concrete overlay @ TWENTY SEVEN TWENTY Dollars and Cents $.54 3. 181 Adjust storm drain and sewer manhole Each covers to finished grade @ ONE HUNDRED FORTY NO liars and $ 100,710.00 $27.20 $ 210,800.00 olIars and Cents $140.00 $ 25,340.00 • . PR lb TEM QUANTi7Y_ TrEM-DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 223 Adjust valve and monument covers to Each finished grade @ ONE HUNDRED TWENTY Dollars and NO Cents $ 120.00 $ 26, 760.00 5. Lump Sum Traffic striping and pavement markings HUNDRED @ EIGHT THOUSAND SEVEN Dollars and NO Cents $8,700.00 $ 8,700.00 Lump sum TOTAL PRICE WRITTEN IN WORDS: *HOUSAND THREE HUNDRED SEVENTY TWO /THREE HUNDRED TEN Dollars and NO Cents $ 372,, 310.00 A- 121735 A -1 General Contractors Lic. No. & Classification April 28, 1983 R. J. NOBLE COMPANY Bi drier NEIL R. EVANS, VICE PRESIDENT 15505 E. Lincoln A venue,P.O. Box 620 714- 637 -1550 Orange, California 92666 Bidder's Address Bidder's Telephone Number 0 • Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be'completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% 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 bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. 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 dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 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 con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. A- 121735 A -1 General R. J. NOBLE COMPANY Contr's Lic. No. & Classification Bidder April 28, 1983 Date Author zed Sign a /42e-EX2 itllee NEIL R. EVANS, VICE PRESIDENT r� L . Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address P. 0. Box 4906 1, Heater Scarify & rejuvenate G. J. PAYNE CO. Carson, CA. 90749 FJ 3. 4. ! 5. 6. 7. 8. 9. 10. 11. 12. 213- 327 -4060 R. J. NOBLE COMPANY Bidder Aut rized Si ure /Title NEIL R. EVANS, VICE PRESIDENT SEE ATTTACHED BI•ER'S BOND • BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, "are Page 4 as bidder, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Title of Project Contract No. , in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 19 . (Attach acknowledgement of Attorney -in -Fact) Authorized Signature /Title Notary Public Commission expires Surety Title • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to befp�e me this 28th day of Apr' , 1983 My commission expires: April 9, 1985 OR M SEAL K A GROSKOPF IQMY PUBUC - CAUFORRW MGNDPU OVFICE IN ORANGE COUNTY , 1(bw Camel $W EviRa Apri19, 1985 R. J. NOBLE COMPANY NEIL R. EVANS, VICE PRE'>IDENT ���� ry 0 • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. R. J. NOBLE COMPANY Bidder Autholrized Signa e /Title NEIL R. EVANS, VICE PRESIDENT i • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year AMOUNT LOCATION Completed For Whom Performed (Detail) Person to Contact Telephone No. 32,188 4/83 Anaheim Redevelopment Lincoln & Claudina 533 -8750 33,042 4/83 Aivaheim Redevelopment Lincoln & Claudina 533 -8750 3/83 64 It Orange Batavia & Lincoln 532 -0334 3/83 City of La Habra Chestnut St. Impts. 523 -7700 2/83 = V Cty of Fullerton Various City Sts. 738 -6527 185,181 Title NEIL R. 1/83 City of Anaheim Neighborhood Preserv. 999 -5169 177,599 2/83 City of Brea Walnut -DAte St. Impt. 529 -4951 65,408 2/83 City of Brea Berry St. Impts. 529 -4951 1,2 8,641 2/83 Cty of Tustin El Camino Real 544 -8890 82 City of Anaheim Patt St. Juliana Pk. 999 -5169 10/82 City of Seal Beach Seal Beach Blvd. 213 =431 -2527 80,138 1/83 City of Yorba Linda Casa Loma Ave. 777 -5000 10/82 Cty of Fountain Valley Euclid St. Impts. 963 -8321 11/82 County of Orange La Homa & Sprague 834 -3704 11/82 City of La Habra Portola Park 526 -2227 8/82 County of Orange Minuet Lane Impts. 834 -3704 28,999 4/8 City of Westminster Bolsa & Brookhurst 898 -3311 6/82 City Vof Tustin Red Hills Av. 544 -8890 128,960 10/82 City of Santa Ana Euclid St. Impts. 834 -4228 5/82 City�of La Habra Warne St. Impts. 526 -2227 R. J. NOBLE COMPANY Bidder Author Authol zed Signa Title NEIL R. EVANS, VICE PRESIDENT �y Bid or - Proposal • Ohio Farmers Insurance Bond Co. Westfield Center, Ohio 44251 THE PREMIUM FOR THIS BID BOND IS IN BID BOND SERVICE BOND NO. 434 463 UNDERTAKING. T .: KNOW ALL MEN BY THESE PRESENTS, THAT WE, R • ,J • NOBLE COMPANY as principal, and the OHIO FARMERS INSURANCE COMPANY, an Ohio corporation, with Principal Office at Westfield Center, Ohio, as Surety, are held and fly bound unto CITY OF NEWPORT BEACH as obligee, in the penal sum of TEN PERCENT OF THE AMOUNT OF BID IN---- - - ---- DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 21st day of APRIL 19 83 WHEREAS the said principal is herewith submitting proposal for STREET AND ALLEY RESURFACING PROGRAM NO. C2355. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said principal shall execute a contract and give bond for the faithful performance thereof within days after being notified in writing of the award of such contract to principal, or if the principal orsurety shall pay the obligee the sum, not exceeding the penalty hereof, by which the amount of ttie cont en th t entered into in good faith covering the said proposal, properly and lawfully executed byaI between the. obligee and some third party, may exceed the amount bid by principal, then this obligating ghall be voicT - otherwise it shall remain in full force and effect. BD 5046 (Rev. 9-80) ...........(L.S.) OMI Y Attorney -in -fact os n y > CD ° v �• m m`c 5' O T N S S d' d m N d 0 m n o fJf o m c� m n W ti O i N � c G OT N N � M IbK�SZ � D Glen era I POWER NO. 80 -01 Power- of Attorney Chio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office in West fie I D enter. Medina County, Ohio, does by these presents make, constitute and appoint .................. ............. . ..................... , ..... ..... ................ .......... , ................ ....... ........... .......... .............................................................................................. ............................... I.... I.... of SANTA. ANA . andStateof ..CALIFORNIA .................. its true and lawful Attorney(s) -in- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver .. ANY.. AND. .ALL. .BONDS,,.RE.CO.GNIZANCES, ..1JNDE.RTAKI tIGS,..OR . OTHER..INSTRUMENTS . OR..CON.TRACTS. OF . SURETYSHIP— and. . ....... ............................... to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal,oi the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance Company "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s) -in -Fact to represent and act for and on behalf of the Company, subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, toexecute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and anyand all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall bear bindino upon the Company as if signed by the President and sealed and attested by the Cor- porate Secretary," (Adopted at a meeting held on the 3rd day of July, 1957,) "Be If Resolved, that the power and authority to appoint Attorney (s} -in -Fact granted to certain officers by a resolution of this Board on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice - President." (Adopted at a meeting held on the 131h day of July, 1976.) In Witness Whereof, OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by its ASST.•..VI.CE.P.RESIDEN.T., and its corporate seal to be hereto affixed this . ..... 2Bth ............... dayot ........JANUARY............ A.D., 1980.:... OHIO FARMERS INSURANCE COMPANY CALIFORNIA yLOb-I -S G. GRAHAM, JR., ASSIST NT VICE State of ............................. County of _ORANGE ...... ............ ss.: PRESIDENT Onthis ...28th...... day of .... JANUARY, ... 1.1... AD. 19 .80.. beforemepersonanycame .LOUIS .G.,. GRAHAM, .JR. .. , to me known. who, being by me duly sworn, did depose and say, that he resides in ,SANTA ANA . thatheis ASST,..VI.CE. PRESIDEN of OHIO FARMERS INSURANCE COMPANY• the company described in and which executed the above instrument, that he knows the seal of said Company: that the seal affixed to said Instrument is such corporate seal, that it was so affixed by order of the Board cl Directors of said Company: and that he signed his name thereto aylik&.Ptdeisocra><<- .•eoeo•♦a i a+ ♦ r i -rl < �ilil ♦ NOT A- ' r r " r r' 'Notary Publid Stale of .... CALIFORNIA.., i fay omrnission E;n, J:ry 72 1 '_,t c` ORANGE ♦•v♦e as.: ♦♦o♦ee♦ ♦c•.•♦•e♦ ° ° ° °O` County of ...................... ... CERTIFICATE I,.J0H N.,lvi_ .CO; ^, B.E S.. ......... ........... . ASSISTANT.. Secretary pl the OHIO FAP,24E'35 n'StIPANCE COMVANV.de hereby certify that the above and foregoing is a true and correct copy of a power of Attorney. executed by said Company, which is still in full IOree and effect; and furthermore, the resolutions of the Board of Directors, set out in the power of Attorney are in full force and ellect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said C pany at Westfield Center, Ohio, this 21St day of ............ APRIL ........... A.D., 1983-, ASSISTANT Secretary BD 5410 C (Rev. 2 -77) . BT THE CITY COUNCIL • v -S5 May 9, 1983 CITY OF NEWPORT BEACH ll CITY COUNCIL AG NQ MAY 091983 ITEM NO./ TO: CITY COUNCIL FROM: Public Works Department SUBJECT: STREET AND ALLEY RESURFACING PROGRAM (1982 -83) (C -2355) RECOMMENDATION: Award Contract No. 2355 to R. J. Noble Company for $372,310.00 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on April 28, 1983, the City Clerk opened and read the following bids for this project: Bidder Amount Bid Low R. J. Noble Co. $372,310.00 2. Sully Miller Construction Co. 377,675.00 3. Industrial Asphalt 380,610.00 4. All American Asphalt 383,690.00 5, Vernon Paving 398,348.00* 6. Griffith Company 403,550.00 *Corrected Bid Total is $398,615.50 The low bid is 0.62% above the Engineer's estimate of $370,000. The low bidder, R. J. Noble Company, is a well - qualified general contractor who has successfully completed previous contracts for the City. The project provides for heater - scarifying and resurfacing the streets shown on the attached exhibit. The work is an energy and cost - saving portion of the City's street maintenance program, which provides a smooth - riding surface with an adequate structural section for present and future traffic demands. Funding for award is proposed from the following accounts: Description Account No. Amount .Street & Alley Resurfacing Prog. 02- 3382 -015 $291,828.89 Street & Alley Slurry Prog. 02- 3382 -014 80,481.11 Plans and specifications have been prepared by the Public Works Department. The estim3,te at of completion is July 31, 1983, Benjamin B. Nolan Public Works Director SJL:rb Att. r U I e 2 :U � n �_ yt N 2 my i- M'L. N f pf7 iT7 ,r .Q O � � � 2 B n r t A � n \ c z o a M p < o O 0 O 0 0 0 4. Q e N e 0 CN c�0 Z f 54 oR�o��;a2 Nn � e e ? n y J H f o LC c 10 `c \ C � � I I e 2 :U � n �_ yt N 2 my i- .iF �c rn n --i zo- t7L-rri Z 77 F rl n rt n ."O ." cnz� mop U3 0 --1 j D k I m r p I �pp 1 ti 7 bl�v ` o v i !' rr THUT I --H. 1-1 111 1 1J ti •i � ^ •� 0 0 x .T : kz, 0, � v C --i . 2 CA i Z t �> jR CD I v rn n --i zo- t7L-rri Z 77 F rl n rt n ."O ." cnz� mop U3 0 --1 j D k I m r p I �pp 1 ti 7 bl�v ` o v i !' THE NEWPORT ENSIGN. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this day of /Ipr, 19$3 9��..1 C- X355 i This Id ace is for the County Clerk's Filing Stamp Proof of Publication of A Paste Clipping of Notice SECURELY In This Space THE NEWPORT ENSIGN PROOF OF PUBLICATION i TO: CITY COUNCIL FROM: Public Works Department April 11, 1983 CITY COUNCIL AGENp ITEM NO. SUBJECT: STREET AND ALLEY RESURFACING PROGRAM, 1982 -83 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk toh to be opened at 11:00 A.M. on pri , f DISCUSSION: The project provides for heater - scarifying and resurfacing the streets shown on the attached exhibit. The work is an energy - and cost - saving portion of the City's street maintenance program, which provides a smooth- riding surface with an adequate structural section for present and future traffic demands. The Engineer's estimate is $370,000. Since only $292,000 remains unencumbered in the Street and Alley Resurfacing Progaam account, staff recommends that the balance of funds required for award be taken from an anticipated $130,000 balance of the Street and Alley Slurry Program account. It is staff's opinion that additional resurfacing is more urgently needed this year than additional slurrying. Plans and specifications have been prepared by the Public Works Department. Barring unforeseen delays, all work should be com- pleted by July 31, 1983. Benjamin B. Nolan Public Works Director SJL:jd Att.