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C-3010 - Jamboree Road & Balboa Boulevard Rehabilitation & River Avenue Street Pavement Overlay
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 24, 1997 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92666 (714) 6443005 Subject: Contract No. 3010 - Jamboree Road, Balboa Boulevard and River Avenue Street Rehabilitation Project On August 11, 1997, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on August 20, 1997, Reference No. 19970403150. The Surety for the contract is Federal Insurance Company, and the bond number is 8140 - 67-44. Sincerely, 7 LaVonne M. Harkless, CMC /AAE City Clerk LH:Im cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTE03Y AND WHEN RECORDED RETURN T0: Recorded in the County of Orange, California Gary l 11lll L. Gllill lllllllllll llllllllllllllllllllllllllllll� ranville, Clerk/Recorder IY Fee IIIIIIIIIIII City Clerk 19970403150 1213pm 08/20/97 City of Newport Beach 005 29o03199 29 49 3300 Newport Boulevard N72 t 7,00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees ursuant to Government Code Section 603" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport j Boulevard, Newport Beach, California, 92663, as Owner, and R J Noble Company _ as Contractor, entered into a Contract on April 15, 1997 Said Contract set forth certain improvements, as follows: Jamboree Road, Balboa Boulevard and River Avenue Street Rehabilitation Project - Contract No. 3010 Work on said Contract was completed on June 9, 1997 and was found to be acceptable on August 11, 1997 by the City Council. Title to said property is vested in the owner, and the Surety for said Contract is Federal Insurance City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �/ Executed on _:( {�,^ � � I t q 1 / , at Newport Beach, California. By fi) �+ City Clerk August 11, 1997 AUG 1 1 1997 CITY COUNCIL AGENDA ITEM NO. 5 APPROVED+ TO: Mayor and City Council Members FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF JAMBOREE ROAD, BALBOA BOULEVARD AND RIVER AVENUE STREET REHABILITATION PROJECT - CONTRACT NO. 3010 RECOMMENDATIONS: 1. Accept the work, and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 2. Authorize a budget amendment to transfer $104,406.00 from Account Number 7181- C5100295 to the Balboa Boulevard Pavement Rehabilitation, Main to G Streets, Account Number 7181- C5100390. DISCUSSION: On April 14, 1997, the City Council authorized the award of the rehabilitation contract to R. J. Noble Company of Orange, California. The contract provided for complete reconstruction of Balboa Boulevard from Coast Highway to 44th Street, the reconstruction /resurfacing of the southbound portion of Jamboree Road from Campus Drive to Bristol Street (Route 73), and a pavement overlay on River Avenue from Balboa Boulevard to its easterly terminus. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $850,880.50 Actual amount of bid items constructed: 763,515.53 Total amount of change orders: 24,189.50 Final contract cost: $787,705.03 The decrease ($87,364.97) in the actual bid items over the estimated bid items constructed resulted primarily from reduction of the amount asphalt concrete placed. The final overall construction cost including change orders was 8.0% less than the original bid amount. The following four (4) change orders were issued to complete the project: 1. A change order in the amount of $1,639.00 provided for the relocation of a pedestrian push button within a curb access ramp. SUBJECT: COMPLETION AM ACCEPTANCE OF JAMBOREE ROAD, BAL" BOULEVARD AND RIVER r AVENUE STRELVEHABILITATION PROJECT - CONTRACT NqW10 August 11, 1997 Page 2 2. A change order in the amount of $544.50 provided for a stub -out for a future traffic • signal. 3. A change order in the amount of $20,356.00 provided for an installation of a geotextile reinforcement fabric to reduce structural failure in areas of unsuitable subgrade soils. 4. A change order in the amount of $1,650.00 provided for replacement of six traffic signal loops at Jamboree Road and MacArthur Boulevard. Funds for the project were budgeted in the Gas Tax Fund and Measure M Fund as follows: Account Account Budget Actual Description Number Amount Expenditures Jamboree Road Rehabilitation, Bristol - Campus - Gas Tax 7181- C5100295 $517,366.50 $412,960.02 Jamboree Road Rehabilitation, Bristol - Campus - Measure M 7281- C5100295 374,745.00 374,745.00 TOTAL 1 1 $892,111.50 1 $787,705.02 Upon release of the retention, a balance of $104,406.48 will remain in the Gas Tax funding portion for this project. Thus, staff recommends a transfer of these funds to the Balboa Boulevard Pavement Rehabilitation, Main to G Streets, Account Number 7181 C5100390. The contract specified completion of all work within twenty (20) consecutive working days but no later than May 23, 1997 on Balboa Boulevard and thirty (30) consecutive working days on Jamboree Road. All work was completed on Balboa Boulevard on May 23, 1997 and June 9, 1997, the specified completion date on Jamboree Road. The contractor, R. J. Noble Company, did an outstanding job in providing a superior finished pavement on both Balboa Boulevard and Jamboree Road while maintaining the heavy flow of vehicular traffic during construction. Respectfully s itted, PUBLIC WORKS DEPARTMENT Don We Dir or BY �' /ke 1 Horst Hlawaty Construction Engineer Attachment: Location Map 0 s ;ice•: i #ty of Newport Bea* NO. BA_ 008+ BUDGET AMENDMENT 1997 -98 AMOUNT:1 $104,406-700 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND Ix Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from undesignated fund balance EXPLANATION: i Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer $104,406.00 from Jamboree Road Rehabilitation account to Balboa Boulevard Pavement Rehabilitation oroiect. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund A coun REVENUE APPROPRIATIONS (3601) Fund /Division Accoun t EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit Description 0 Description Division Number Account Number • Automatic System Entry. Signed: Sy—' 5;% in n 'al roval: Fina Director Date Signed: ��- �%� rative A,4rovf City Manager Date Signed: City Council Approval: City Clerk Date Description Division Number 7181 Gas Tax Account Number C5100295 Jamboree Road Rehab $104,406.00 Division Number 7181 Gas Tax Account Number C5100390 Balboa Blvd Pavement Rehab $104,406.00 Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: Sy—' 5;% in n 'al roval: Fina Director Date Signed: ��- �%� rative A,4rovf City Manager Date Signed: City Council Approval: City Clerk Date • • APR 1 41997 E uvtu TO: MAYOR AND MEMBERS OF THE CITY COUNCIL it -�%j40 April 14, 1997 CITY COUNCIL AGENDA ITEM NO. 14 FROM: PUBLIC WORKS DEPARTMENT SUBJECT: JAMBOREE ROAD AND BALBOA BOULEVARD REHABILITATION AND RIVER AVENUE STREET PAVEMENT OVERLAY PROJECT CONTRACT NO. 3010 RECOMMENDATIONS: 1. Approve the contract plans and specifications and award Contract No. 3010 to R. J. Noble Company of Orange for the Total Bid Price of $850,880.50, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $50,000 to cover the cost of materials testing and additional work. 2. Authorize a budget amendment to transfer Gas Tax funds in the amount of $155,244.00 from the Birch /Mesa Realignment project 7181- C5100064 to the Jamboree Road and Balboa Boulevard Rehabilitation project 7181- C5100295. DISCUSSION: On April 2, 1997 at 11:00 A.M., the City Clerk opened and read the following bids for this project: Low R. J. Noble Company of Orange 2. Excel Paving Company of Long Beach 3. Hillcrest Contracting, Inc. of Corona 4. Industrial Asphalt of Azusa 5. Sequel Contractors, Inc. of Downey 6. Gueno Development Company, Inc. of Los Angeles 7. Excavating Engineers, Inc. of Vista * Corrected total bid price is $1,194,154.90. TOTAL BID PRICE $ 850,880.50 $ 924,930.00 $ 933,875.00 $ 934,900.00 $ 1,057,140.00 $ 1,058,200.00 $ 1,194,019.00* The total low bid price of $850,880.50 is 23% below the Engineer's estimate of $1,110,000. The low bidder, R.J. Noble, is a well - qualified general engineering contractor who possesses a Class -A Contractor's license. R.J. Noble has satisfactorily completed numerous construction projects for the City and for other Southern California agencies. The improvements to be constructed under this contract include the pavement rehabilitation and resurfacing of Jamboree Road from Bristol Street North to Campus Drive, pavement SUBJECT: April 14, 1997 Page 2 0 a JAMBOREE ROAD AND BALBOA BOULEVARD REHABILITATION AND RIVER AVENUE STREET PAVEMENT OVERLAY PROJECT CONTRACT NO. 3010 reconstruction of Balboa Boulevard from Coast Highway to 44th Street, pavement overlay of River Avenue from Balboa Boulevard to the Channel Park street end, installation of 33,000 square yards of pavement reinforcing fabric, replacement of 105 traffic signal detector loops, installation of new traffic striping and raised pavement markers, construction of 11 concrete curb access ramps, and reconstruction of 3 concrete alley approaches. These new improvements will substantially reduce the high level of maintenance that the existing improvements require. In addition to the contract work, City staff has fabricated and will install four 6' wide X 4' high project information signs to advise the public of the construction work. One project sign will be installed at each of the following intersections: Balboa Blvd. /PCH, Balboa Blvd. /44th Street, Jamboree Rd. /Bristol St. South, and Jamboree Rd. /Campus Drive. The project plans and specifications were prepared by Public Works staff. The contract specifications require the Contractor to complete all Balboa Boulevard and River Avenue work within twenty (20) consecutive working days but no later than May 23, 1997, and that all Jamboree Road work shall be completed within thirty (30) consecutive working days. Gas Tax and Measure M funds in the amount of $750,000.00 have been appropriated in the current year budget for Jamboree Road Rehabilitation. In addition, there are funds available in the Gas Tax fund for the Birch /Mesa Realignment project. Given that the Birch /Mesa funds will not be used this fiscal year, staff recommends a budget amendment to transfer a portion of the Birch /Mesa funds to the Jamboree Road project and provide for the Balboa Boulevard rehabilitation. Funding for the award of the construction contract, material testings, and additional work is proposed as follows: Fund Account No. Amount Budget Transfer from Birch /Mesa 7181- C5100064 $155,244.00 Gas Tax 7181- C5100295 $370,659.50 OCTA Measure M Turnback 7281- C5100295 $374,977.00 TOTAL $900,880.50 Respectf u i t d, PUBLI S DEPARTMENT Don Webb, Director By Fong e, Assistant Civil Engineer u Attachment • Wty of Newport Bea,- NO. BA- 039 , BUDGET AMENDMENT 1996 -97 AMOUNT: 5155 244 00 EFFECT ON BUDGETARY FUND BALANCE: 1 Increase Revenue Estimates Increase Budget Appropriations fX Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: Increase in Budgetary Fund Balanc• AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund A co n 010 3605 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description Fund Balance Control Description Amount Debit Credit 11 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7181 Gas Tax Account Number C5100064 Birch /Mesa Realignment $155,244.00 Division Number 7181 Gas Tax Account Number C5100295 Jamboree Road and Balboa Blvd Rehabilitation $155,244.00 Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: Financial Approval: an Director Date Signed: %— d istrative App val: City Manager Date Signed: I City Council Approval: City Clerk Date P 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 (714) 6443005 Excel Paving 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Boulevard Rehabilitation & River Avenue Street Pavement Overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 (714) 644 -3005 Hillcrest Contracting, Inc. P.O. Box 1898 Corona, CA 91718 -1898 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Blvd. Rehabilitation & River Avenue Street Pavement Overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, V, nn� M. LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 (714) 644 -3005 Ca1Mat Co. DBA Industrial Asphalt 1357 W. Foothill Blvd. Azusa, CA 91702 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Blvd. Rehabilitation & River Avenue Street Pavement overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 Sequel Contractors, Inc. 12240 Woodruff Avenue Downey, CA 90241 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Blvd. Rehabilitation & River Avenue Street Pavement Overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 (714) 6443005 i Gueno Development Co. Inc. 714 W. Olympic Blvd., Suite 1120 Los Angeles, CA 90015 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Blvd. Rehabilitation & River Avenue Street Pavement Overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 Excavating Engineers P.O. Box 462905 Escondido, CA 92046 -2905 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Blvd. Rehabilitation & River Avenue Street Pavement Overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, �ct V ✓"rvr�� � i 1. t1'ci.t.l�.�i-z� LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92666 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Jamboree Road & Balboa Boulevard Rehabilitation & River Avenue Street Pavement Overlay project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, c) � V,, r f1. N a,,. zr � LaVonne M. Aarkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach A& fiir<%'% CITY CLERK'S COPY Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA. 92658 -8915 until 11:00 AM on the 20th day of March 11997. at which time such bids shall be opened and read for: JAMBOREE ROAD AND BALBOA BOULEVARD REHABILITATION AND RIVER AVENUE STREET PAVEMENT OVERLAY PROJECT Title of Project ,f no Contract Number $1,110 000.00 Engineer's Estimate �CfxORr% Approved by Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse at (714) 644 -3340. Project Manager � > x.. r•;.,.. p.:4 y-. N 'N -§l 1?w y ^'� r s:., ;,o-.� ye�q., -: y� e PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL Jamboree Road and Balboa Blvd. Street Rehabitation and River Avenue Street Pavement Overlay Project CONTRACT NO. 3010 To The Mayor and Members of City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 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 proposes to furnish all materials and do all work required to complete this Contract No. 3010 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following units prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE _ 1. Lump Sum Mobilization and Traffic Control @ Twee Three Thousand Dollars and No Cents $ 23.000.00 $ 23 .000. 0 Per Lump Sum 2. Lump Sum Provide Construction Survey @ Two Thousand Dollars and No Cents $ 1000.00 $ 2 000. Per Lump Sum 3,800 Sawcut, Cold Mill Top 2 ", Remove, and C.Y. Dispose of Existing AC Pavement @ rwenty Dollars and Thirty -five Cents $ 20. $ 77.330.00 Per Cubic Yard 0 9 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE -4. 6,250 Sawcut, Excavate /Grind, Remove, and C.Y. Dispose of Existing AC Street Section @ Sixteen Dollars and No Cents $ 16.00 $100.000.00 Per Cubic Yard 5. 350 Remove Existing Driveway Approach and S.F. Construct P.C.C. Driveway Approach Plug @ Eight Dollars and Twenty -five Cents $ 8.25 $ 2.887.50 Per Square Foot 6. 680 Reconstruct P.C.C. Alley Approach S.F. @ Seven Dollars and Thirty -five Cents $ 7.35 $ 4.998.00 Per Square Foot 7. 6 Remove Ex. PCC and Construct PCC EA Access Ramps Per Detail "A" @ Six Hundred Seventy Five Dollars and No Cents $ 675.00 $ 4.050.00 Per Each 8. 5 Remove Ex. PCC and Construct PCC EA Access Ramps Per Detail `B" @ Six Hundred Seventy Five Dollars and No Cents $ 675.00 $ 3.375.00 Per Each 9. 550 Cold Mill Existing River Avenue S.Y. Street Pavement Per Plan @ Two Dollars and Twenty Cents $ 2.20 $ 1.210.00 Per Square Yard 0 0 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 12,450 Construct Variable Thickness A.C. Base Course Tons @ Twenty Seven Dollars and Seventy -five Cents $ 27.75 $ 345.487.50 Per Ton 11. 7,150 Construct Variable Thickness A.C. Finish Tons Course @ Twenty Seven Dollars and Seventy five Cents $ 27.75 $ 198.412.50 Per Ton 12. 33,000 Provide and Install Reinforced Pavment S.Y. Fabric @ No Dollars and Seventy Cents $ 70 $ 23.100.00 Per Square Yard 13. 100 Replace 6' X 6' and 6' X 8' Traffic Each Signal Loops (Type A) @_ One Hundred Eight Five ive Dollars and No Cents $ 185.00 $ 18.500.00 Per Each 14. 5 Replace 5' X 50' Traffic Signal Loops Each (Type C) @ Four Hundred Ten Dollars and No Cents $ 410.00 $ 2.050.00 Per Each 0 0 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT IJNIT PRICE WRITTEN IN WORDS PRICE PRICE -15. 67 Adjust Manhole Frames and Covers Each to Finished Grade @ Two Hundred Forty Dollars and No Cents $ 240.00 $ 16.080.00 Per Each 16. 52 Adjust Survey Monuments and Water Each Valve Frames and Covers to Finished Grade @ Two Hundred Dollars and No Cents $ 200.00 $ 10.400.00 Per Each 17. Lump Sum Install Traffic Striping, Pavement Markings, and Raised Fire Hydrant and Pavement Markers @Eighteen Thousand Dollars and No Cents $ 18.000.00 $ 18.000.00 Per Lump Sum Eight Hundred Fib Thousand Eight Hundred Eighty Dollars and F;ff" Cents TOTAL BID PRICE (WORDS) March 20. 1997 Date 714- 637 -1550 Bidder's Telephone Number A- 121735 A Bidder's License No(s). and Classification(s) $ 850.880.50 TOTAL BID PRICE (FIGURES) R J NOBLE COMPANY Bidder S / Jim Grace Bidder's Authorized Signature and Title Jim Grace, Vice President / General Manager 15505E Lincoln Avenue, Orange. CA 92856 Bidder's Address 1 INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) 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 documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 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 inclusive). 5/91 0 E Page 2A 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." 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. A- 121735 A Contractor's License No. & Classification R J NOBLE COMPANY Bidder March 20 1997 Date 5/91 St Jim Grace Authorized Signature/Title Jim Grace, Vice President/ General Manager 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor 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. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. Subcontract Work Manhole Subcontractor Ramirez Construction Inc. La Puente CA 91744 Address 18199 E. Valley Blvd. 818 - 854 -2034 2. Striping Orange County Striping Services Orange CA 92868 183 N. Pixley 714 - 639 -4550 3. Milling All American Asphalt Corona CA 91718 -2229 P.O. Box 2229 909 - 736 -7600 4. Concrete Reslue Construction Inc. Orange CA 92865 1940 N. Tustin,Suite 117 714- 637 -4404 5. Electrical Smithson Electric, Inc. Orange CA 92867 1938 E. Katella Ave. 714- 997 -9556 6. 7. 8. 9. 10. R J NOBLE COMPANY Bidder 5/91 S / Jim Grace Authorized Signature/Title Jim Grace, Vice President/General Manager 9 Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, R J NOBLE COMPANY as bidder, and , 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 Jamboree Road and Balboa Boulevard Rehabilitation and River Avenue Street Pavement Overlay Project. Contract No. 3010 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 to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of ,19_ R.J. NOBLE COMPANY S /Jim Grace Bidder Authorized Signature/Title Jim Grace, Vice President /General Manager Notary Public Commission Expires: 5/91 SURETY By: (Attach Acknowledgment of Attorney -In -Fact) CHUBB&ROUP OF INSURAN# COMPANIES C—,H UC3B 15 Mournaln V;-w Road. P. O. Box 1615. Warren. New Jersey 07061 =1615 FEDERAL INSURANCE COMPANY musip. Bond No. 81305291 —G Amount S 10% OF BID That we, Know All Men By These Presents, R.J. NOBLE COMPANY (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee), in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 10% OF BID ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 3rd day of MARCH A. D. nineteen hundred and 97 WHEREAS, the Principal has submitted a bid, dated MARCH 20 19 97 for JAMBOREE ROAD & BALBOA BLVD. REHABILITATION & RIVER AVENUE STREET PAVEMENT OVERLAY PROJECT CONTRACT NO. 3010 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. R.J. NOBLE C014PANY incipal By: JI ACE, ICE PRESIDENT /GENERAL MANAGER FEDERAL INSURANCX COMPANY M D. §40N'(;/ATTORNEY -A' -FACT STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On EL/ IJ before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (or 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL R0S 1MARY STANDLEY �_ COMM. #1090462 q NOTARY PUBIC - CALIFORNIA m RIVERSIDE COUWy ' My Comm. Egiree June 7, 2000 r This area for Official Notarial Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT i • POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Michael D. Stong, Rosemary Standley, Susan C. Monteon and Shawn Blume of Riverside, California------------------------------------------------- -------- -- ----- --- -- each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings (other than Bell Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Intemal Revenue; License and Permit Bonds or other indemnity bonds. under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds toTransponabon Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth Assistant Secretary 95 STATE OF NEW JERSEY t as, County of Somerset f FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of November 19 95, before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attomey asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal Acknowledged and Sworn to before me �l on the date above written �- 17 Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Faro 16- 10-0134(Ravaep GiRiEPnL SANDRA J. =20, Notary Public, Sta No. [t' Commission Expir 0 CERTIFICATION STATE OF NEW JERSEY i as County of Somerset f 0 I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys -in -Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect q�/ Given under my hand and the seal of said Company at Warren, N.J., this3 day of 19 . S State of CALIFORNIA County Of ORANGE 0 On 3/6/97 before me, M. A. GROSKOPF (DATE) WAMEITITLE OF OFFICER-i.e.-JANE DOE. NOTARY PUBLI1'1 personally appeared JIM GRACE, VICE PRESIDENT/ WAMEISI OF SIGNERISII GENERAL MANAGER OF R. J. NOBLE COMPANY 0Xpersonally known to me OR n the satisloetery _. ors to be the person( %) whose names) is /ores subscribed to the within instrument and acknowledged to me that he /91w /tip executed the same -in his /Mv /»r ry authorized capacity(+,, and that by his /Ww /*Wr signature(s) on the instrumentthe person(°), or the entity upon behalf of which the person(b) acted, executed the instrument. (SEAL) Witness my hand and official seal ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE TAB or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Paper Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 62240 1Rsv. 0.94 )Price .1. 84AI 01894 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONfrWO FINGERPRINTS RIGHT THUMBPRINT (Optional) 19 3 is 0 0 CAPACITY CLAIMED BY SIGNER(S) OINDIV IDUAL(S) MCORPORATE _ OFFICER(S) ITIRf91 OPARTNERIS) ❑LIMITED ❑GENERAL DATTORNEY IN FACT DTRUSTEEiS) DGUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Persons) or Entity(les) R. J. NOBLE COMPANY RIGHT THUMBPRINT (0ptionel) P 0 0 CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALISI ❑CORPORATE OFFICER(S) ITITIESI OPARTNER(S) ❑LIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) DGUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Nome of Parson(s) or Entityfies) 7 ���I67775gl6 l lilllllllll a State of California NON - COLLUSION AFFIDAVIT ) ss. County of Orange ) i Page 5 Jim Grace . being first duly sworn, deposes and says that he or she is Vice President/General Manager 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 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, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. R.J. NOBLE COMPANY S / Jim Grace Bidder Authorized Signature/Title Subscribed and sworn to before me this 14th day of April 19 97 . [SEAL] M A Groskopf Notary Public My Commission Expires: 4/21/97 5/91 • • Page 5 NON- COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) JIM GRACE , being first duly sworn, deposes and says that he or she 1s VICE PRE S IDENT/ GENERA10EANAGER OF R. J. NOBEL 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 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, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. R. J. NOBLE COMPANY Bidder A t rized ignature /Title JIM GRACE, VICE PRESIDENT /GENERAL MANAGER Subscribed and sworn to 19 97 My Commi 5191 Expires:(� 4121/97 me this 20th day of March [SEAL] n � C h A W X75 - 1. ;997 9 Page 6 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 For Whom Person Telephone Completed Performed (Detain To Contact Number LEE ATTACHED SCHEDULE) R J NOBLE COMPANY S / Jim Grace Bidder Authorized Signature/Title Jim Grace, Vice President/General Manager 5191 Page 6 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 For Whom Person Telephone Completed Performed (Detail) To Contact Number $365,267 - Alley, Street & Sidewalk Construction 3/97 CITY OF FULLERTON - RON BOWERS - 714 - 738 -6527 542,058 - RESIDENTIAL REAHB. & WATER IMPTS. 2/97 CITY OF BREA - 714- 990 -7685 $153,430 - WHITEAKER STREET REHAB. 12/96 CITY OF BUENA PARK = NABIL 714 -562 -3500 $450,136 - ANNUAL MAINTENANDE PROGRAM 2/97 CITY OF PLACENTIA - Art Berger 714 - 993 -8117 $296,208 - RESIDENTIAL ST. IMPTS. 10/96 CITY OF CERRITOS - VIC MAYA 310 -860 -0311 $393,631 - LA PALMA AVENUE ST. IMPTS. 11/96 CITY OF ANAHEIM - PAUL SWAN 714 - 254 -5126 $1,308,089 - PAVEMENT RESURFACING & SLURRY SEAL PROGRAM 10/96 CITY OF YORBA LINDA - FEPNANDO SALDIVAR 714 - 961 -7101 $864,791 - MINOR STREET OVERLAY 10/96 CITY OF RIVERSIDE 909 - 782 -5341 $1,165,443 - FAIRHAVEN AVE., GRAND TO TUSTIN 12/96 CITY OF SANAA ANA = WILLIAM ALBRIGHT 714 -647 -5432 $123,216 - STREET MAINTENANCE & REPAIR 1/97 CITY OF IRVINE = LARRY HAYDEN 714- 724 -6047 $189,141 - CERRITOS AVENUE PROJECT 119577 8/96 CITY OF CYPRESS = ERNEST MUNOZ 714- 229 -6741 $124,057 - WASHINGTON AV. ST. IMPTS. 7/96 CITY OF ORANGE =ASHOK BASARGEKAR 714- 744 -5525 $556,426 - RESIDENTIAL ST. RECONSTRUCTION 7/96 CITY OF FULLERTON - RON BOWERS 714- 738 -6527 R. J. NOBLE COMPANY Bidder Authorized Signature /Title JIM GRACE, VICE PERSIDENT /GENERAL MANAGER 5191 0 • Page 7 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 of mailing Notice of Award to the successful bidder. PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) 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. Payment and faithful performance bonds 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. 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 VIII (or larger) in accordance with the latest edition of Best's Ley Rating Guide? Propedy=Casuft Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 In oRKEIRs, COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date 3010 Contract Number 5/91 i R J NOBLE COMPANY Name of Contractor (Principal) S / Jim Grace — Authorized Signature and Title -111• z [� -_i� -.Il C. ���. CSI -. P. � "I -.� l •. 11 -.Il �1 "1 - C- -11 -/ �l -1•. �P -y • 0 Page 14 THIS AGREEMENT, entered into this 15th day of April 19-27. by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R J NOBLE COMPANY hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Jamboree Road and Balboa Bgulevard Rehabilitation- and River AvenUe Street Pavement Overlay Project— 3010 Title of Project • r B. Contractor has been determined by City to be the lowest responsible 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: Jamboree Rged-gind Balboa Boulevard Rehabilitatign and River AvenUe Street Pavement Overlay Project 3010 Tide of Project which project is more fully described in the contract documents. Contractor shall perform and 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 Eight hundred fifty thousand, eight hundred eighty Dollars and f Cents ($ 850.880.50 J. This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 5/93 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) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Jamboree Road and Balboa Boulevard Rehabilitation and River Avenue Street Pavement Overlay Project. Contract No. 3010 (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or wistful conduct of the Contractor, his/her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active 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 written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor ,• '. R.J. NOBLE COMPANY Name of Contractor ��� 17 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted_Ap 14. 1997 has awarded to R.J. NOBLE COMPANY hereinafter designated as the "Principal ", a contract for Jamboree Road and Balboa Boulevard Rehabilitation and River Avenue Street Pavement Overly Papjg_(Contract No. 3010 1 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 3010 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principars 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 wig pay the same to the extent hereinafter set forth: NOW, THEREFORE, We R. J. NOBLE COMPANY as Principal, and FEDERAL INSURANCE COMA as Surety, are h�l�kpl¢ unto the City of Newport Beach, in the sum ofEl� mum FIM mmsm, Emff ars 50 1, 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 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/her subcontractors, fail to pay for any materials, provisions, or other supplies, 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, 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. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. 5191 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On q J I_ 9,/ qrl before me, PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature } SS. ROSEMARY STANDLEY OPTIONAL ROSEMARY STANDLEY COMM. #1090482 ,�► NOTARY PUSUC - CALIFORNIA W RIVERSIDE COUMY Yy Cann. Ej*A Am 7. M This areafor Officinl Notnrint Sent Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(1E$) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT 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 above named Principal and Surety, on the 18th day of APRIL tg 97 R.J. NOBLE COMPANY Name of Contractor (Principal) uth ed Ignature/Tdle Im Grace, Vice President/General. Manager FEDERAL INSURANCE COMPANY Name of Surety 801 S. FIGUEROA ST. 23RD FLOOR Address of Surety LOS ANGELES, CA 90017 Authorized Agent Signature .SUSAN C. MONTEON ATTORNEY -IN -FACT 714 - 637 =1550 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5791 ssc'. 2uas's.�a. •r. 1ST,a � _z.�� ��^. � t c "1A S'�« � ^eL�2Y'�S.b G..'i 9 State of CALIFORNIA County of ORANGE On APRIL 18,1997 before me, M. A. GROSKOPF (DATE) INAMEITITLE OF OFFICER-,,,.'JANE DOE, NOTARY PU8UC'I personally appeared JIM GRACE, VICE PRESIDENT/ (NAME(S) OF SIGNERISII MANAGER OF R. J. NOBLE COMPANY [Upersonally known to me -OR a en the e�fe to b the person(%) whose name* Is /set subscribed to the within instrument and acknowledged to me that he /9b /t1W executed the same -in his /!1%r/ M. A. GROSKOPF authorized capacity(* m COMM. 1x986488 < and that by his /!ter /11�ir It a NOTARY PUBLIC- CALIFORNIA 0 signatures) on the > I URAN.I. COUNTY m Instrument the person(0), 0.,v con +,, April 21, 1997 or the entity upon behalf of which the person( *) acted, executed the instrument. (SEAL) Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Tile or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(i) Other Then Named Above WOLCOTTS FORM 00240 Rev. 3.94 (price class 8.2A) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATIONfrWO FINGERPRINTS RIGHT THUMBPRINT (Optional) 3 a 0 CAPACITY CLAIMED BY SIONERIS) OINDIVIDUALIS) MCORPORATE OFFICER(S) OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) O GUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Penonp) or Entily(iea) R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optionalf 3 x a CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) ❑CORPORATE OFFICERIS) inns) OPARTNER(S) ❑LIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN /CONSERVATOR OOTMER: SIGNER IS REPRESENTING: (Name of Persons) or Enthyliea) T 67775 �I0 �I a • BOND NUMBER 8167 -44' KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted _Al2HI 14. 1997 has awarded to R.J. NOBLE COMPANY hereinafter designated as the "Principal', a contract for Jamboree Road and Balboa Boulevard Rehabilitiation and River Avenue Street Pavement Overlay Project (Contrail No. 3010 1 in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contrail No. 3010 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, R.J. NOBLE COMPANY as Principal, and FEDERAL INSURANCE COMPANY as Surety, are bound unto the City of Newport Beach, in the sum of EIGHT MUM FITY TSDUSMID, Elan.' m *rry 50/ 100 ($850,880•5 1, said sum being equal to 100% of the estimated amount of the contrail, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly 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, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract 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; and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fail amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. 5 /92 STATE OF CALIFORNIA l } SS. COUNTY OF RIVERSIDE l{ On _- �/ / / , before me, ROSEMARY STANDLEY PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature &Xmnam _ OPTIONAL ,.... ROSEMARY STANDLEY COMM. #1090462 NOTARY PUSUC I CALIFORNIA RIVERSIDE COUNTY MY Comm. E*49 Lm 7.2W This areafor Official Notarial Seal Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T(IE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE ID -081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT e Page 9A 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 18tbday of APRIL _'1997. R.J. NOBLE COMPANY Name of Contractor (Principal) ho ' ed Signature/Title Jim race, Vice President/General Manager FEDERAL INSURANCE COMPANY° �O Name of Surety Authorized Agent Signature SUSAN C. MONTEON ATTORNEY -IN -FACT 801 S. FIGUEROA ST. 23RD FLOOR 714 -. .637 -1550 Address of Surety LOS ANGELES, CA 90017 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5191 State of CALIFORNIA County of ORANGE On APRIL 18,1997 before me, M. A. GROSKOPF (DATE) INAMEMTLE OF OFFICER.i.e.'JANE DOE. NOTARY PUBLIC') personally appeared JIM GRACE, VICE PRESIDENT/ (NAMES) OF SIGNERISI) GENERAL MANAGER OF R. J. NOBLE COMPANY CC33xpersonally known to me -OR- e%- demee to be the person(S) whose names) is /net subscribed to the within instrument and acknowledged to me that he /9f /lft fq executed the same -in his/ MSr /ti M. P GROSKOPF authorized capacityl+� m. COMM. #986488 < and that by hislbnr/viWr m NOTARYPUSUC - CALIFORNIA signature(* On the > ORANGE COUNTY Instrumenttheperson(s), ay c II:. _•,::: Aoril 21, 1997 or the entity upon behalf of which the peISOnl�l acted, the the instrument. (SEAL) Witness my hand and official seal ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TRIn or Type of Document Number of Pages Date of Document Sionerls) Other Than Named Above WOLCOTTS FORM 80240 Ray. 0-94 Wk. elan 9-2A) 01994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIAEPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) x 3 `o `o CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) MCORPORATE OFFICER(S) RlnEal OPARTNERIS) OLIMITED DGENERAL ❑ATTORNEY IN FACT DTRUSTEEIS) DGUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Persons) or EntityPesl R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optional) >r z 0 0 CAPACITY CLAIMED BY SIONERIS) DINDIVIDUALISI OCORPORATE OFFICER(S) m tESI OPARTNER(S) DLIMITED DGENERAL DATTORNEY IN FACT DTRUSTEEIS) D G UA RD IAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: )Name of Persons) or Entityfes) )III67775 l @63240 IIIII 8 POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephotta: (908) 903 -2000 Fax No.: (908) 903.3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Michael D, Stong, Rosemary Standley, Susan C, Monteon and ShawnBlume of Riverside, California___________________________________________ _________________ ______________ each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds, under the taws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 10th Assistant Secretary 95 STATE OF NEW JERSEY l as, County of Somerset f FEDERAL INSURANCE COMPANY BY A,iA.r��'1. Yha&&Ae; Gerardo G. Mauriz Vice President On this 10th day of November 19 95, before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power ofAttomey is such corporate seal and was thereto affixed by authority of the By -laws of said Company, and that he signed said Power ofAttomey asAssistard Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal Acknowledged and Sworn to before me on the date above written \` Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Fmm 15- 1"134(51' 984)G04ERU SANDRA J. S.ih:CFi =7_ Notary Public, Stsls ;a.i,Iersey Commission Expires June 20, 2,:A • CERTIFICATION STATE OF NEW JERSEY l ss. County of Somerset f 11 I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. 'ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vie President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President. any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., • • Page 10 PRODUCER ... - - ...- COMPANIES AFFORDING COVERAGE. . COMPANIES Arthur J. Gallagher & Co. COMPANY A 2030 Main Street, Suite 1100 LETTER Transcontinental Ins. Co. Irvine, CA 92714 B LETTER Valley Forge Insurance Co. INSURED ��C Continental Casualty Co. R.J. Noble Company COMPANY LOITER D 15505 E. Lincoln Avenue Orange, CA 92856 COMPANY LETTER E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. L CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LDA1T5 IN THOUSANDS GENERAL LIABILITY (OOCURENCE BASIS ONLY) GENERAL AGGREGATE $ 2,000 A COMMERCIAL C155582743 7 -1 -96 7 -1 -97 PRODUC SADOMPLETED S 2,000 COMPREHENSIVE OPERATIONS AGGREGATE OWNERS E CONTRACTORS PERSONAL INJURY E 1,000 PROTECTIVE CONTRACTUAL RDTiBP1E � CO✓1XMKX PRODUCTSICOMPLETED OPERATION EACH OCCURENCE $ 1,000 XCU HAZARDS BROAD FORM PROPERTY DAMAGE FIRE DAMAGE $ 50 SEVERABILJTY OF INTEREST CLAUSE (ANYONE FIRE) P. I. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ 5 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY SINGLE COMBINED $ 1,000 B ANY AUTO C155580152 7 -1 -96 7 -1 -97 BODILY INJURY $ ALL OWNED AUTOS (PEA PERSON SCHEDULED AUTOS I BODILY $ HIRED AUTOS (PER ACCIDENT) NON -CMED AUTOS PROPERTY $ GARAGE LIABILITY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURENCE C UMBRELLA FORM CUP105558 7 -1 -96 7 -1 -97 OTHER THAN UMBRELLA FORAM 0149 STATUTORY $ 10,000 S 10,000 WORKERS' COMPENSATION j 1,000 EACH ACCIDENT S 1,000 DISEASE -POLICY LIMIT C FIAPLGYERS LusILITY WCC1553999 7 -1 -96 7 -1 -97 25 $ 1,000 DISEASE -EACH EMPLOYEE OTHER $ DESCRIPTION OF OPERATIONSA. OCATIONBNEHICI .EBIRESTRICTKKJSISPECULL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF TINE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: Jamboree Road and Balboa Blvd Street-Rehabilitation and River Avenue Street Pavement Overlay Project PROIECTTITTE AND CONTRACT NUMBER Contract No. 3010 .'?,Irk'.. ADDITIONALLY INSURED SHOULD ANY OF TH ABOVE DESCRIBED POLICIES BE NON- RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE RE D BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALfPROVIDE 30t S MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPO77 BY FIRST L ` NEWPORT BEACH, CALIFORNIA 92658 -8915 4 -18 -97 ATTENTION: AUTHORIZED TIVE I ISSUE DATE Page 11 It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage. 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 contained 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(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: Q Commercial () Comprehensive General Liability $ See certificate each occurrence $ of insurance attached aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 5/91 Page 11A S. Should the policy be non-renewed, carmWed -or coverage reduced before the expiration date thereof, the Issuing Company shall prdiltlb 30*days! advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. *10 days for non-payment. Designated Contract: Jamboree Road and Balboa Boulevard Rehabililiatwon and Rove Avenue Street Pavement Overlay Project (Contract No. 3010) Project Title and Contract No. This endorsement is effective 4-18-97 at 12:01 a.m. and forms a part of Policy No. C155582743 of Transcontinental Ins. (Company Affording Coverage). Insured: R. J. Noble Company Endorsement No.: TBD ISSUING COMPANY a 5191 P It is agreed that: Page 12 1. With respect to such insurance as is afforded by the policy for Automobile 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 said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage." 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 Multiple Limits or Single Limit: 5/91 () Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability W Combined Single Limit Bodily Injury Liability & Property Damage Liability $ per person $ per accident $ See certificate of insurance attached The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage 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. Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30+days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Jamboree Road and Balboa Boulevard gehabilifiation and River Avenue Street Pavement Overlay Project (Contract No. 3010) Project This endorsement is effective 4 -18 -97 at 12:01 a.m. and fortes a part of Policy No. 0155580152 of Valley V Fo a TnR. co.(Company Affording Coverage). Insured: R. J. Noble Company Endorsement No.: TBD ISSUING COMPANY 5/91 INDEX TO • 'KPECIAL PROVISIONS SECTION PAGE INTRODUCTION 1 PART I - GENERAL PROVISIONS Section 2 - Scope and Control of Work 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 2 -9.3 Surveying Service 2 Section 3 - Changes in Work 3 -2 CHANGES INITIATED BY THE AGENCY 3 -2.2.2 Stipulated Unit Prices 2 Section 5 - Utility 5 -7 Adjustment 2 Section 6 - Prosecution, Progress, And Acceptance of the Work 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 2 6 -6 DELAYS AND EXTENSIONS OF TIME 6 -6.1 General 2 6 -7 TIME OF COMPLETION 6 -7.1 General 3 6 -7.2 Working Day 3 6 -7.4 Working Hours 3 6 -9 Liquidated Damages 3 Section 7 - Responsibilities of the Contractor 7 -5 PERMITS 4 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control 4 7 -8.5 Temporary Light, Power and Water 4 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.3 Street Closures, Detours, Barricades 4 7 -10.5 Parking Prohibition 6 Section 9 - Measurement and Payment 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.1 General 6 9 -3 PAYMENT 9 -3.1 General 6 9 -3.4 Mobilization 7 PART 11- CONSTRUCTION MATERIALS Section 213 - Engineering Fabrics 213 -1 PAVEMENT FABRIC 213 -1.1 General 7 Section 214 - Pavement Markers 214 -4 NONREFLECTIVE PAVEMENT MARKERS • 7 214 -5 REFLECTIVE PAVEMENT MARKERS 7 PART III - CONSTRUCTION METHODS Section 300 - Earthwork 300 -1.3 REMOVAL AND DISPOSAL OF MATERIALS 300 -1.3.1 General 7 300 -1.3.2 Requirements 8 300 -2 UNCLASSIFIED EXCAVATION 300 -2.1 Requirements 8 Section 301 - Treated Soil, Subgrade Preparation and Placement of Base Materials 301 -1 SUBGRADE PREPARATION 301 -1.3 Relative Compaction 8 Section 302 - Roadway Surfacing 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General 8 302 -5.2.5 Pavement Transitions 9 302 -5.5 Distribution and Spreading 9 Section 302 -7 PAVEMENT FABRIC 302 -7.2.3 Fabric Placement 9 Section 303 - Concrete and Masonry Construction 303 -5 PCC CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS & DRIVEWAYS 303 -5.1.1 Requirements, General 9 Section 307 - Street Lighting and Traffic Signals 307 -4 TRAFFIC SIGNAL CONSTRUCTION. 307 -4.9.3 Inductive Loops Section 310 - Painting 310 -5 PAINTING VARIOUS SURFACES 310 -5.6.6 Preparation of Existing Surfaces 310 -5.6.7 Layout, Alignment, and Spotting 310 -5.6.8 Application of Paint 310 - 5.6.8.1 Application of Thermoplastic Section 312 - Pavement Marker Placement and Removal 312 -1 PLACEMENT 10 10 10 10 11 11 0 • SPIOF11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS JAMBOREE ROAD AND BALBOA BLVD. REHABILITATION AND RIVER AVENUE PAVEMENT OVERLAY PROJECT CONTRACT NO. 3010 11►YJI i/111Zf7111ZII�1 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans R- 5665 -S, Sheet 1 of T- 5191 -S, Sheets 1 & 2 of T- 5294 -S, Sheet 8 of T- 5405 -S, T- 5696 -S, and T- 5700 -L; (3) the City of Newport Beach Design Criteria. Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition; (4) State of California Department of Transportation (Caltrans) Standard Specifications and Standard Plans Latest Edition, and (5) the Standa d Specifications for Public Works Construction, 1994 Edition inclusive of all supplements. Copies of the Design Criteria Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for ten dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034; telephone number (310) 202 -7775. The following provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter. PART GENERAL PROVISIONS SECTION 2 - -- SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this Section, " The term "work" and the work to be done under this contract includes (1) sawcut, cold mill, and remove A.C. pavement; (2) sawcut, excavate and remove A.C. street pavement sections; (3) construct A.C. street base course; (4) construct A.C. street finish course; (5) sawcut, excavate, and remove subsurface P.C.C. and other interfering abandoned materials; (6) provide and construct aggregate base under new alley approaches, sidewalk plug, and curb; (7) construct asphalt concrete patch back; (8) construct aggregate base; (9) construct new P.C.C. driveway plug complete with curb and gutter; (10) reconstruct P.C.C. alley approaches; (11) construct P.C.C. curb access ramps complete with curb and gutter; (12) provide and install new reinforced pavement fabric; (13) provide and install new traffic signal detection loops; (14) adjust manhole and valve frames and covers to grade; (15) remove existing raised pavement markers; (16) install traffic markings and markers and fire hydrant markers; (17) traffic control including temporary installation and removal of barricades, delineators, steel plates, AC ramps, signs, arrowboards, flagpersons, etc.; (18) protection and restoration of existing curb drains; (19) restoration of landscaping and improvements that are damaged by the Contractor; (20) clean up and disposal; and (21) other incidental items as necessary to complete the work in place." • 2 -9 SURVEYING. • SP2OFII 2 -9.3 Survey Service Modify this Section to read, "The Contractor shall at least survey the project at the locations where finished grades have been provided by the Engineer on the plans. Additionally, this item shall also include the surveying services required to adjust survey monuments which sustain damage by the Contractor. The Contractor shall submit all grade sheets to the Engineer for verification." SECTION 3 - CHANGES IN WORK 3 -2 CHANGES INITIATED BY THE AGENCY. 3 -2.2.2 Stipulated Unit Prices. Add to this Section, "If the Engineer directs the Contractor to remove PCC, AC or other subsurface materials located below the AC street section to be constructed, the Contractor shall be compensated at the stipulated unit price of $25.00 per ton for such removed subsurface materials. This unit price shall include compensation for furnishing, placing, and compacting CAB to fill the volume of subsurface materials that was removed" SECTION 5 - -- UTILITY 5 -7 ADJUSTMENT. Add this Section to read, "The Contractor shall adjust all sewer, storm drain, water, and electrical boxes /manholes /frames /covers and survey monuments to finish grade per applicable standard drawings. The cost of repairing improvements which sustain damage by the Contractor and the surveying services required to adjust survey monuments which sustain damage by the Contractor shall be borne by the Contractor and no additional compensation shall be made by the City." SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Modify the first paragraph of this Section to read, "Soon after bid opening or prior to contract award, the Contractor may at his own risk and cost arrange for a pre - construction meeting with the Engineer. At least five (5) working days prior to the pre - construction meeting, the Contractor shall submit to the Engineer for approval a detailed written chronological work schedule and phased construction pedestrian and vehicular traffic control /detour plans where work is to be done." 6 -6 DELAYS AND EXTENSIONS OF TIME. 6 -6.1 General. Add to the second paragraph of this Section, "The Contractor's failure to timely schedule the pre - construction meeting or submit the required documents for City approval shall not be accepted as grounds for granting a time extension beyond the total time allocated for the completion of all contract work." • • SP3OF11 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this Section, "All work for Balboa Boulevard and River Avenue shall be completed within twenty (20) consecutive working days, but no later than May 23. All work for Jamboree Road shall be completed within thirty (30) consecutive working days, but no later than June 30, 1997." 6 -7.2 Working Day. Add to this Section, "7) Memorial Day, May 26, 1997 is a City holiday." 6 -7.4 Working Hours. Add this Section with, "The City's normal working hours for construction activities are between 7:00 AM and 4:30 PM on Mondays through Thursdays and between 7:00 AM and 3:30 PM on Fridays. No work shall be performed within Balboa Boulevard northbound lanes prior to 9:00 A.M. on working days. Work will be permitted on Jamboree Road outside of normal working hours. The Contractor shall request to work outside of normal working hours at least 48 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. The Contractor shall pay the City $50.00 per hour for inspection costs whenever inspections are required outside of the City's normal working hours." 6 -9 LIQUIDATED DAMAGES. Add the following paragraph to the beginning of this Section: "The Work under this Contract consists of two segments. Segment number one consists of all of the improvements for Balboa Boulevard and River Avenue. Segment number two consists of all of the improvements for Jamboree Road." Replace all "the Work" with "either Segment ". Replace all "time" with "time for each Segment ". Replace all "$250" with "$500.00" throughout this Section. Add to this Section to read, "The intent of this Section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, pre - planned, and continuous sequence so as to minimize the time that traffic is delayed and access is interfered with because of the Contractor's work." 9 • SP4OF 11 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Modify the second paragraph to read, "At the time of bid opening and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" License. Additionally, from the start and until the completion of work, the Contractor and each subcontractor shall possess a valid City Business License issued by the Revenue Division of the City of Newport Beach Administrative Services Department. Certain work within Jamboree Road and Balboa Boulevard rights -of -way will require the Contractor to provide and temporarily install traffic control devices within State of California rights -of -way (Pacific Coast Highway, Bristol Street, and Jamboree Road Route -73 overpass bridge). All such devices shall be installed in strict conformance with the attached Permit 1297 -NTK -0118. The Contractor shall apply and pay for a rider to the attached Permit. Payment to the Contractor to reimburse Caltrans for their costs to provide permits, inspection, etc. within State rights -of -way shall be included in the lump sum price for "Mobilization and Traffic Control" and no additional compensation shall be made to the Contractor for this work." 7 -8 PROJECT SITE MAINTENANCE. 7 -8.1 Cleanup and Dust Control. Add to this Section, "Each work location shall be cleaned and barricaded at the end of each day until the work is completed." 7 -8.5 Temporary Light, Power and Water. Add to this Section, " If the Contractor elects to use City water, he shall arrange for a construction water meter and tender a $750 deposit for each meter with the City. Upon return of the meter(s) to City, the deposit will be returned to the Contractor, less a water usage quantity charge and any applicable repair charges for damages to the meter(s)." 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add to the first sentence of second paragraph after "e.g. ", " curb drains." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, "The Contractor shall submit traffic control and detour plan(s) for each phase of work to the Engineer which conform with the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), 1996 Edition. The Contractor shall submit all traffic control /detour plans(s) to the City at least five (5) working days before approval is required to commence a particular item of work. All traffic control plans shall be signed by a registered Traffic Engineer and shall include the following: 0 • SP 5 OF 11 1. The Contractor shall maintain vehicle traffic access within the construction sites as follows: a. At least one -half (1/2) of each street intersection and business access driveway within the construction limits shall be open to vehicle traffic at all times. b. At least one (1) traffic lane for each travel direction shall be open to vehicle traffic at all times on Balboa Boulevard. c. At least two (2) Balboa Blvd. traffic lanes for each travel direction shall be base -paved and open to vehicle traffic on non- working days (weekends). d. At least two (2) traffic lanes for each travel direction shall be open to vehicle traffic at all times on Jamboree Road. e. 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 details required shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized andlor lighted. 4. The Contractor shall provide safe access for heavy pedestrian traffic on Balboa Boulevard at all times. 5. The Contractor shall, at all times, provide for very heavy vehicular traffic going into and out of the shopping center on the northeasterly side of Balboa Blvd. between West Coast Highway and River Avenue. 6. The Contractor shall, at all times, provide temporary AC access ramps for continuous vehicular and pedestrian traffic access to all adjacent businesses and streets. 7. No equipment/materials /vehicles shall be stored within the medians. 8. The Contractor shall provide solar- powered arrowboards and uniformed flagpersons to direct traffic through the construction areas at all times. 9. Vehicle access for one -way streets may be limited or closed during work hours to the extent that not all of the same direction one -way streets are closed at the same time. One -way streets shall not be closed during non -work hours. Additionally, 48 hours before closing any portion of a street, 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 and times at the time he distributes the Notices. Errors in distribution of Notices, false starts, acts of God, strikes or other alterations of the schedule will require the Contractor to redistribute the Notices to the affected addresses." SP6OF11 7 -10.5 Parking Prohibition • Add this Section to read, "Where temporary prohibition of parking is necessary during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least seventy -two (72) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740, for verification of posting at least forty- eight (48) 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 No. R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and dates of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. The Contractor shall post streets with the time and dates when parking and access will be disrupted. Additionally, the Contractor shall provide covers and shall cover, maintain, and uncover any and all of the City's "NO PARKING STREET SWEEPING" signs to allow residential parking along streets adjacent to streets under construction during street sweeping days, as directed by the Engineer. Errors in posting "NO PARKING, TOW - AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require the Contractor to re -post the "NO PARKING, TOW- AWAY" signs. The Contractor shall promptly notify the Engineer of such a change of schedule." SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9 -1.1 General Add to this Section, 1. The unit price bid for all bid items shall include all materials, labor, equipment, and other costs necessary to complete the work as detailed on the plans, applicable standard drawings, and these specifications and no additional compensation shall be made by the City. These items of work may include, but not be limited to sawcutting, clearing, removal, backfill, aggregate base, compaction, A. C. patchback, protection of existing improvements and facilities, etc.. 2. The unit price bid for the construction of P.C.C. curb access ramps shall include the cost of constructing the required P.C.C. curb, retaining curb, gutter, and A.C. patchback. 3. The price bid by the Contractor for mobilization and traffic control shall include all costs required to open traffic lanes to vehicle traffic each work day" 9 -3 PAYMENT. 9 -3.1 General Add to this Section, "Unless otherwise authorized by the Engineer, all construction quantities to be paid to the Contractor, including the roadway removal and reconstruction work, shall not include any work that the Contractor performed beyond the limits and the extents shown on the plans and the specifications. In the event that the Contractor performed extra work beyond the limits and the extents shown on the plans and the specifications without prior authorization from the Engineer, the Contractor shall be responsible for all of the costs of the unauthorized extra work and no additional compensation shall be made by the City. 0 • SP7OF11 The existing AC pavement thickness on Balboa Blvd. ranges from 4" to 16 ". Compensation to the Contractor for pavement removal work shall be based on the volume of removed materials only. No additional compensation shall be made by the City for the removal of non -AC materials within the work limits and the extents shown on the Plans. The Engineer may retain an independent testing laboratory to perform field testings on the work. In the event that any portion of the work did not pass these tests when first performed, the Contractor shall rework the rejected work and pay for all subsequent tests until such work is acceptable to the Engineer. Additionally, should the Contractor elect to perform work on Jamboree Road outside of the testing laboratory's normal working hours, the Contractor shall pay for the extra cost of having the tests conducted outside of testing laboratory's normal working hours." 9 -3.4 Mobilization Add to this Section, "Partial payments for mobilization, shall be made in accordance with Section 10264 of the California Public Contract Code." PART II CONSTRUCTION MATERIALS SECTION 213 - -- ENGINEERING FABRICS 213 -1 PAVEMENT FABRIC. 213 -1.1 General. Add to this Section, "The pavement reinforcing fabric shall be "Petromat" as manufactured by Phillips Petroleum Company or approved equal." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS. Add to this Section, "All new reflective pavement markers shall have glass- covered reflective faces." PART III CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1.3 Removal and Disposal of Materials. 300 -1.3.1 General. a. Replace this Section with, "Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. L • SP8OF11 The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. Unless specified elsewhere in this contract, non - reinforced concrete and asphalt wastes generated from the job -sites shall be disposed at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed at a sanitary landfill. The Contractor shall maintain monthly tonnage records of solid wastes generated and solid wastes disposed at a sanitary landfill. The Contractor shall report said monthly tonnages to the Engineer on a form provided by the Engineer." 300 -1.3.2 Requirements. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of two (2) inches." and replace the words "1 -1/2 inch" of the last sentence with the words "two (2) inches." 300 -2 UNCLASSIFIED EXCAVATION. 300 -2.1 General Modify this Section to read "All unclassified excavation shall be considered as subsurface excavation and shall be compensated at the stipulated unit price specified in Section 3- 2.2.2." SECTION 301 - -- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION. 301 -1.3 Relative Compaction. Add to this Section, "Upon discovery of poorly constructed trenches or loose soils, the Contractor shall recompact the top 12" of the loose areas to achieve a stable and densified subgrade. The cost of this subgrade preparation work shall be considered as incidental work and no additional compensation shall be made by the City." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT. 302 -5.1 General. Modify and amend this Section as follows: "1. In order to facilitate ease of construction operations on native sand, the Contractor at his option, may construct 2" of CAB in place of every bottom inch of A.C. base course specified in the plan for Balboa Boulevard. This material substitution is limited to the bottom 2" of A.C. base course specified in the plan and will be paid for at the unit price per inch of AC base course to be substituted. The cost of additional sawcutting, excavation, removal, CAB, etc. for this CAB • . SP9OF11 substitution shall be paid for by the unit price per inch of AC base course to be substituted, and no additional compensation shall be made by the City. Additionally, the Contractor shall not be compensated the stipulated unit price (stated in Section 3 -2 herein) for removing subsurface materials to permit the CAB substitution work." 2. The A.C. finish course shall be III -C3 -AR -4000. The top 2.5" of the finished A.C. pavement for Jamboree Road and Balboa Boulevard is considered as finish course. The top 2.0" of the finished A.C. pavement for River Avenue is considered as finish course. 3. The A.C. base course, defined as the A.C. below the finish course, shall be III -B2 -AR -8000. 302 -5.2.5 Pavement Transitions. 1. Add "at the end of each work day." to the end of the first sentence. 2. Delete the second sentence of this section. 302 -5.5 Distribution and Spreading Add to this Section, "AC overlay/finish course should be placed after all base course, grinding, fabric placement, digouts, etc. has been completed across the entire roadway." 302 -7 PAVEMENT FABRIC. 302 -7.2.3 Fabric Placement Add to this Section, "Pavement fabric shall be tack coated and lapped 12" over new AC base course or existing AC pavement." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 PCC CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS & DRIVEWAY. 303 -5.1 Requirements 303 -5.1.1 General Add to this Section, 1. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. In addition, all forms shall be removed, damaged private improvements shall be repaired, and backfill or patchback shall be placed within 24 hours following concrete placement. 2. All curb access ramps shall have "0 -inch lip" at the flow line. Sloped portions shall not be grooved. P.C.C. replacements subject to vehicle loads (e.g., cross gutters, sidewalk and curb and gutter along driveways) shall not be opened to vehicle loads until the concrete has cured to a minimum strength of 2,000 psi, as verified by concrete cylinders test results reported by a City approved testing laboratory retained and paid for by the Contractor. The Contractor shall detour traffic around such construction. • • SP 10 OF 11 4. Except for new P.C.C. construction adjacent to existing P.C.C. pavement, a minimum 12" wide by 6" thick A.C. patch back over a 4" thick compacted aggregate base shall be placed adjacent to new P.C.C. curb, curb and gutter, driveway, and alley approaches. The methods of placing A.C. patchbacks that are greater than 6" thick shall be approved by the Engineer." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION. 307 -4.9.3 Inductive Loops. Amend this Section to include, "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -5B and shall be Type A and Type C. The new loop detectors shall be installed within the AC pavement finish course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five (5) consecutive working days of AC pavement finish course placement. All installed loop detectors must be functioning properly on non - working days." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES. 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this Section to read, "The Contractor shall remove any existing thermoplastic traffic striping, pavement markings, and /or raised pavement markers prior to resurfacing and/or installation of reinforcing pavement fabric. Method of removal shall be approved by the Engineer prior to construction." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this Section to read, "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement without the proper striping over a weekend. Stop bars shall not be unpainted overnight." 310 -5.6.8 Application of Paint. Modify and amend this Section to read, "Painted traffic stripings and markings shall be applied in two coats. The first coat of paint shall be dry before the second coat is applied. At least one application of paint shall be applied to all stripings and markings within 24 hours after the finish course has been placed. Only one coat of paint is required when striping Detail -11 will be followed by striping Detail -13. Paint for traffic stripings and pavement markings shall be white Formula Number 2572 -A9 and yellow Formula Number 2573 -A9 as manufactured by J.E. Bauer Company. • 0 SP 11 OF 11 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." 310 - 5.6.8.1 Application of Thermoplastic. Add this Section to read, "Thermoplastic traffic stripings and pavement markings shall be Alkyd type and be installed per plan by the Contractor in accordance with Section 84 -2 "Thermoplastic Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications. Thermoplastic shall be warranted by the Contractor against blistering, bleeding, excessive cracking, staining, discoloring, chipping, and poor adhesion for one year from the date of project acceptance." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this Section with, "All raised markers to be installed must be installed between 15 and 30 days after the AC finish course has been placed. The raised markers shall be placed directly over the striping, where applicable." • SPllOFll 310 - 5.6.8.1 Application of Thermoplastic. Add this Section to read, "Thermoplastic traffic stripings and pavement markings shall be Alkyd type and be installed per plan by the Contractor in accordance with Section 84 -2 "Thermoplastic Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications. Thermoplastic shall be warranted by the Contractor against blistering, bleeding, excessive cracking, staining, discoloring, chipping, and poor adhesion for one year from the date of project acceptance." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this Section with, "All raised markers to be installed must be installed between 15 and 30 days after the AC finish course has been placed. The raised markers shall be placed directly over the striping, where applicable." N�• ME, INSTALL 8.6'X8' SIGNAL LOOPS 1 ' IMO STOP BAR CENTERED IN THE TRAVEL LANE JAMBOREE INSTALL 1-5'X50'— TRAFFIC SIGNAL LOOP CENTERPOINTE INSTALL 8 -6'X8' TRAFFIC SIGNAL LOOPS 1 ' IMO STOP BAR CENTERED IN THE TRAVEL LANE INSTALL 2-5'X50' — TRAFFIC SIGNAL LOOP FAIRCHILD RD. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TRAFFIC SIGNAL LOOP LOCATIONS ON JAMBOREE RD. AT CENTERPOINTE AND JAMBOREE RD. AT FAIRCHILD RD. 280' TO LIMIT LINE 7 � INSTALL 4.6'X6' ADVANCE TRAFFIC SIGNAL LOOPS !• t '6 300' TO LIMIT LINE 10 ur ❑ -IL 1a � INSTALL 4 -6'X6' ADVANCE TRAFFIC SIGNAL LOOPS MIND 'b DRAWN_RON ( DATE - 1130197^ APPROVED TRAFFId ENGINEER R.E. N022D45 DRAWING NO. T - 5700 - L STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION ENCROACMffiNT P Permit N°. - TR -0120 (NEW 9/91) 1297 -1;A18 • Di• 1Co (Rt.1PM In compliance with (check one): 12- ORA- 73 -T4.1 & 12 -ORA -1 -20.37 X Your application of FEBRUARY 14, 1997 Utility Notice No. of FEBRUARY 25, 1997 Fee Paid Agreement No. of $ EXEMPT Performance Bond Amount 0) R/W Contract No. of $ NA and subject to the following, PERMISSION IS HEREBY GRANTED to install, maintain and remove temporary traffic controls along (1) Pacific Coast Highway (ORA -1) at Balboa Boulevard, and (2) along Jamboree Road at the junction of State Route 73 to accommodate off -site pavement rehabilitation work in Newport Beach City streets, all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached Provisions and Permit Plans dated February 25, 1997. Permittee shall contact State Permit Inspectors DON PERUZZI at 714/632 -2554 and BOB SCHAPER at 714/632- 2426 between 7 AM and 9 AM a minimum of two working days prior to the start of work and a pre - construction meeting will be scheduled at the earliest mutually agreeable time. Failure to comply with this requirement will result in suspension of this permit. Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in the City's behalf. Permittee's Contractor will be required to pay a deposit of $1050.00 estimated for inspection costs and to reimburse the State for the actual costs incurred for engineering inspection of the work within the State right of way and other permit related field work performed by Caltrans Maintenance Forces. The following attachments are also included as pan of this permit. In addition to fee the permitter, will be billed (Check applicable): actual costs for: X Yes No General Provisions Yes X No Review Yes X No Utility Maintenance Provisions Yes X No Inspection X Yes _ No Special Provisions X Yes _ _ _ _ _ Field Work Yes No A Cal -OSHA permit required prior to beginning work; N (If any Cattrams effort expended) Yes _ No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before NOVEMBER 30 1997 This permit is to be strictly Construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. DON PERUZZI- PERMIT INSPECTOR I APPROVED: BOB SCHAPER - PERMIT INSPECTOR FILE 97 -0118 cc: MICE. (2) Alfred Page 1 of 2 BY: Bond Number (1) TO: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD THIS PERMIT EXPIRES NEWPORT BEACH, CA 92663 NOVEMBER 30, 1997. ATTN: FONG TSE, PROJECT ENGINEER PHONE: 14/644-3340 (FONG) , PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to install, maintain and remove temporary traffic controls along (1) Pacific Coast Highway (ORA -1) at Balboa Boulevard, and (2) along Jamboree Road at the junction of State Route 73 to accommodate off -site pavement rehabilitation work in Newport Beach City streets, all in accordance with current Caltrans Standard Specifications and Standard Plans, the attached Provisions and Permit Plans dated February 25, 1997. Permittee shall contact State Permit Inspectors DON PERUZZI at 714/632 -2554 and BOB SCHAPER at 714/632- 2426 between 7 AM and 9 AM a minimum of two working days prior to the start of work and a pre - construction meeting will be scheduled at the earliest mutually agreeable time. Failure to comply with this requirement will result in suspension of this permit. Permittee's Contractor shall furnish the State with a signed application requesting a separate Caltrans "DP" permit authorizing the Contractor to perform the work within the State Highway right of way in the City's behalf. Permittee's Contractor will be required to pay a deposit of $1050.00 estimated for inspection costs and to reimburse the State for the actual costs incurred for engineering inspection of the work within the State right of way and other permit related field work performed by Caltrans Maintenance Forces. The following attachments are also included as pan of this permit. In addition to fee the permitter, will be billed (Check applicable): actual costs for: X Yes No General Provisions Yes X No Review Yes X No Utility Maintenance Provisions Yes X No Inspection X Yes _ No Special Provisions X Yes _ _ _ _ _ Field Work Yes No A Cal -OSHA permit required prior to beginning work; N (If any Cattrams effort expended) Yes _ No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before NOVEMBER 30 1997 This permit is to be strictly Construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. DON PERUZZI- PERMIT INSPECTOR I APPROVED: BOB SCHAPER - PERMIT INSPECTOR FILE 97 -0118 cc: MICE. (2) Alfred Page 1 of 2 BY: NAME: CITY OF NEWPORT BEACH • • PERMIT 1297 -NTK -0118 DATE: FEBRUARY 25, 1997 This permit does not authorize any permanent work within State right of way. In addition to the attached Permit General Provisions, Form TR -0045 (Rev. 9195), the following Permit Special Provisions are applicable: 1- Permittee shall contact California Highway Patrol Area #675 Commander at 714/547 -8311 and OCTA DETOUR COORDINATOR (714/2654330) at least 48 hours prior to implementing traffic control which requires lane closures. 2- Orange vests and hard hats shall be worn at all times while working within State right-of-way. 3- All traffic control within State right of way shall be provided, installed and maintained by Permittee in accordance with State Standards and subject to the approval of the State Permit Inspector. No work which requires traffic control shall be performed during peak rush hour. 4- All traffic control which requires lane closures shall be in compliance with the appropriate STANDARD PLANS traffic control system. Where required by the plan, the use of a flashing arrowboard is MANDATORY. 5- All work within 1.83 meters (6 feet) of a traffic lane shall require closure of that lane to public traffic. 6- Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. 7- In the event of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special Provisions shall prevail. 8- Permittee's attention is directed to attached ENCROACHMENT PERMIT GENERAL PROVISIONS Item #12, "Pedestrian and Bicyclist Safety ". 9- Permittee shall immediately repair /replace all existing State facilities which are damaged during the performance of his permitted work, to the satisfaction of the State Permit Inspector and at no cost to the State. 10- The full width of traveled way shall be open for use by public traffic on designated legal holidays, and when construction operations are not actively in progress. 99- Immediately following completion of the work permitted herein, Permittee shall fill out and mail the attached postcard to initiate final permit processing. Page 2 of 2 STATE OF CALIFORNIA - DEPARTMENT OFT PORTATION ENCROACHMENT PERMIT GENEF� PROVISIONS TR-00" (REV. 9195) 1. AUTHORITY: Encroachment permits are issued under the authority given the Department, Div. 1, Chpt 1, AR 3 in accordance with Div. 1, Chpt 3, Art. 1, Sect. 660 to 734 of the Streets and Highways Code. 2. REVOCATION: Encroachment permits are revocable on five days' notice, unless otherwise stated on the permit, and except as provided by law for public corporations, franchise holders, and utilities. These General Provisions and the Encroachment Permit Utility Provisions are subject to modification or abrogation at any time. Peritiltees' joint use agreements, franchise rights, reserved rights, or any other agreements for operating purposes in State highway rights of way are an exception to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit fees when due can result in rejection of future applications and denial of permits. 4. ASSIGNMENT: No party other than the Permittee or perrnittees' authorized agent is allowed to work under this permit S. ACCEPTANCE OF PROVISIONS: Pennidee understands and agrees to acceptance of the provisions and all attachments to this permit, for any work to be performed under this permit. 6. BEGINNING OF WORK: It is the responsibility of the Permittee to notify the Departments' Representative, two (2) days in advance of the intent to begin work under this permit. Permittee shall notify the Departments' Representative if the work is to be interrupted for a period of five (5) days or more, unless a prearranged continuance of work agreement had been made. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF CONSTRUCTION: All work performed within highway rights of way shall conform to recognized construction standards and current Department Standard Specifications, High and Low Risk Facility Specifications. and Utility Special Provisions. Where reference is made to "Contractor and Engineer", these are amended to be read as " Permittee and Department Representative ". 8. INSPECTION AND APPROVAL: All work shall be subject to monitoring, and inspection, Upon completion of work permidee shall request a final inspection for acceptance and approval by the Department. The local agency permidee shall not give final construction approval to its contractor until the low[ agency has obtained final acceptance and approval from the Department 9. PERMIT AT WORKSiTE: The Permit Package of a copy of, shall be kept at the work site and must be shown upon request to any Department Representative or Law Enforcement Officer. It is a violation of permit conditions and work shall be suspended 'd the Permit Package is not kept and available at the work site. 10. CONFLICTING ENCROACHMENTS: Permittee shall yield start of work, to ongoing prior authorized work adjacent to or within the limits of the project site. When existing encroachments conflict with new work, the Permittee is solely responsible for any and all cost for rearrangements necessary (relocation, alteration or removal of). • shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe aftemate passageways cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. 13. PUBLIC TRAFFIC CONTROL: Required by law, the Permittee is to provide traffic control protection of warning signs, lights. safety devices and other measures for the safety of the traveling public. Day and Nighttime lane closures shall be in compliance with the Manual of Traffic Controls, Standard Plans and Standard Specifications for traffic control systems. It is not intended, as to third parties, to impose on the permittee any duty or standard of care, greater than or different from, as required by law. 14. MINIMUM INTERFERENCE WITH TRAFFIC: Work shall be planned and conducted so as to create the least possible inconvenience to the traveling public, traffic shall not be unreasonably delayed. On conventional highways, Permittee is authorized to place property attired flagger(s) to stop or warn the traveling public. All flagging procedures shall be in compliance with the Manual of Traffic Controls and Instructions to Flaggers pamphlet. 15. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and Material storage in State rights of way shall be in compliance, Standard Specifications, Standard Plans and Special Provisions. Where any Perminee obstacle is placed within twelve (12) feet of a lane carrying public traffic, the Permittee shall install temporary railing (Type K). 16. CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and/or as directed by the Department's Representative. 17. RESTORATION AND REPAIRS IN RIGHTS OF WAY: Permittee is responsible for restoration and repair of State Highway rights of way resulting from permitted work, per State Highway Code, Sections 670 et. seq. 18. RIGHTS OF WAY CLEAN UP: Upon completion of work Permittee shall remove entirely and dispose of all scraps, brush, timber, materials, etc., off the rights of way. The aesthetics of the highway shall be as it was before work started. 19. COST OF WORK: Unless stated in the permit, or separate written agreement, all costs incurred for work within the State rights of way pursuant to this encroachment permit shall be borne entirely by the Permittee. Permittee hereby waives all claims for indemnification or contribution from the State for any such work. 20. ACTUAL COST BILLING: When Permittee is to be billed actual costs, (as indicated on the taw of the permit), such costs will be at the currently set hourly rate for encroachment permits. 21. AS -BUILT PLANS: When required. Permittee shall submit one (1) set of as -built plans in compliance with Department requirements. Plans shall be submitted within thirty (30) days after completion and approval of work. 11. PERMITS FROM OTHER AGENCIES: This permit shall be invalidated H the Permittee has not obtained all permits necessary 22. and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and Health Administration (CAL - OSHA), or any other public agency having jurisdiction. 12. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum passageway of 1.21 meter (4') shall be maintained through the work area, where pedestrian or bicycle facilities are existing. At no time PERMITS FOR RECORD PURPOSES ONLY: When work in rights of way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), an Exempt Permit will be issued to the Permittee for the purpose of providing a notice and record of work. All prior rights of the pernittee shall be preserved, no new or different rights or obligations are intended to be created. "Notice and Record Purposes Only" shalt be stamped across the face of the permit STATE OF CALIFORNIA - DEPARTMENT OF NSPORTATION ENCROACHMENT PERMIT GENERAWROVISIONS TR -0045 (REV. 9195) .23. BONDING: Permittee shall file the necessary bond(s) in advance, in the amount set by the Department Failure to maintain bond(s) in full force and effect will result in suspension of all work and permit(s). Bonds are not required of public corporations or privately owned utilities, unless said Permittee failed to comply with the provisions and conditions under a prior permit Your surety company will be responsible for any latent defects until such time as is provided for in Califomia Code of Civil Procedures, Section 337.15. Local agency permittee shag comply with requirements established as follows: In recognition that project construction work done on State property will not be directly funded and paid by State, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local agency permMee agrees to require the construction contractor furnish both a payment and performance bond in the local agency's name with both bonds complying with the requirements set forth in Section 3.1.02 of State's current Standard Specifications prior to performing any project construction work. The local agency permittee shall defend, indemnify, and hold harmless the State, its officers and employees from all project construction related claims by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timely manner and to State's satisfaction, any latent defects occurring as a result of the project construction work. 24. FUTURE MOVING OF INSTALLATIONS: Permittee understands and agrees that upon request of the Department, whenever State construction, reconstruction or maintenance work on the highway requires a permitted installation to be rearranged, the Permittee at his sole expense, unless under a prior agreement, JUA, and CCUA, shall comply with said request. 25. ARCHAEOLOGICAL: Should any archaeological resources be revealed in the work vicinity, the Permittee is responsible for notifying the Department's Representative immediately, retainment of a qualified archaeologist who shall evaluate the archaeological site and make recommendations to the Department Representative regarding the continuance of work. 26. PREVAILING WAGES: Work performed by or under a permit may require Permittee's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements should be directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue, San Francisco, California 94102. 27. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property from any cause. The permittee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee. persons employed by the,permlttee, persons acting in behalf of the permittee, or for damage to property arising out of work, or other activity permitted and done by the permittee under a permit or arising out of the failure on the permihee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity , or at any subsequent time work or other ad" is being performed under the obligations provided by and contemplated by the permit. The permittee shall indemnify and save harmless the State of California, all officers, employees, and state contractors, thereof, including but not limited to the Director of Transportation and the EP 960005 • Deputy Director, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the pernittee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time work or other activity is being performed under the obligations provided by and contemplated by the permit except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The pernittee waives any and all rights to any type of expressed or implied indemnity against the State, its officers, employees, and state contractors. It is the intent of the parties that the permittee will indemnify and hold harmless the State, its officers, employees, and state contractors, from any and all claims, suits or actions as set forth above regardless of the existence of degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the permittee, persons employed by the permittee, or acting on behalf of the permittee. For purposes of this section, "state contractors" shall include contractors and their subcontractors under contract to the State of California performing work within the limits of this permit. 28. NO PRECEDENT ESTABLISHED: This permit is issued with the understanding that it does not establish a precedent. 29. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION : A. The permittee, for himself, his personal representatives, successors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: 1.) no person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2.) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors, 3.) that such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operated on, over, or under the space of the right of way, 4.) that the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. B. That in the event of breach of any of the above nondiscrimination covenants, the State shall have the right to terminate the permit and to re -enter and repossess said land and the facilities thereon, and hold the same as if said permit had never been made or issued. 30. MAINTENANCE OF HIGHWAYS : The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This will require inspection and repair of any damage to State facilities resulting from the encroachment. a U z I sill �- o uja- _ LL i i I 1 CT) � I 0 N r rn O � Cc Cc LU O I I ¢ � I a F.. V r w m � � I I A U M NZ m �o: w F �� a F a b atub pp W N T [L rn -.e� T @�4 U C) (n I l r 11 M: U O ® w m o it Cr) 2- m V O O �mnA C4 cc ce Lo \ V _aAV- ?OC~n 3zi �� - - -- � m ¢OU a02¢U �¢-W1. 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