Loading...
HomeMy WebLinkAboutC-3556 - Bayside Drive Resurfacing ProjectCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 9, 2004 R. J. Nobel Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Bayside Drive Resurfacing (C -3556) To Whom It May Concern: On December 9, 2003, the Citv Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 3, 2004. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 83- SB- 104078540 -BCM. Enclosed is the Faithful Performance Bond. Sincerely, / elf r �7 LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, Project Manager enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us Jun 24 03 C9:532 STOnG SURETY S033431219 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 BOND NO. 83 S3 104078540 BCK FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $3,459.00 being at the rate of $ 11.50/9.20 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.J. Nebel Company, hereinafter designated as the "Principal ", a contract for construction of BAYSIDE DRIVE RESURFACING, Contract No. 3556 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated 'herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3556 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPA0f OF AMERICA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety), are held and firmly bound unto the City of New Beach, in the sum of two hundred seven thousand, four hundred eighty -nine and 00/100 Dollars ($$207,499.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Princioai's heirs, executors, administrators, successors, or assigns, fail b abide by, and well and truly keep and perform any or ail the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and perormed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 2B p.l As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 17 th day of JUNE 2003. MICHAEL J. CARVER, PRESIDENT R.J. Noble Company (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMER: Name of Surety 21688 GATEWAY CENTER DRIVE, DIAMOND BAR, CA MICHAEL D.:STONG, ATTORNEY -TN -FACT Address of Surety 91764 Print Name and Title (909) 612 -3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 STATE OF CALIFORNIA COUNTY OF RIVERSIDE I SS. On ' Z'1 7' / 0 , before me, R. STANDLEY PERSONALLY APPEARED MICHAEL D. STONG personally known to me (ef pie;,eI4 to fne en .,.. > axis ei to be the person+,- tw.hose nameks} is /mrsubscribed to the within instrument and acknowt- edged to me that he /del- executed the same in his/ 'te rauthorized capacityjie4, and that by hisflsex./ tl;aiz signatures -,- n the instrument the person44 or the entity upon behalf of which the person(T} cted, executed the instrument. WITNESS my hand and official seal. Signature le, /2Y� ,.�., :.., a 111-1.,. _... d +oaw, u .. +. -�,,.n :v.' :. :..:: . / • ' l �' + ^?� R. STANDLEY m _= COMM. #1263272 NOTARY PUBLIC- CALIFORNIA W RNERSIDE COUNTY L. � aMy Comm. Esptias June 1, 20p� y This area for Offcial 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IMS ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSCN(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1051 rtac.6;94 ALL- PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of ORANGE On June 18, 2003 before me, Pamela Kitchens (DATE) NAME/TITLE OF OFFICER- i.e.'JANE OOE. NOTARY PUSLIC'I personally appeared Michael J. Carver, President of INAME(S) OF SiGNERISI) R.J. NOBLE COMPANY ® personally known to me basis of satisfactory evidence to be the person(sl whose names) is /&Fe. subscribed to the within instrument and acknowledged to me that - he /� executed the same in his /f- ertttteir. authorized capacity(+es) and that by his /4 signature (s) on the instrument the person (e), or the entity upon behalf of which the person(Sd j acted, executed the instrument. Y ,,.ENS tWitness my hand and official sea}. .:. 61 `�s:; ,,p ;G:)Tp:AJ' ?GBCC- CALIFORNIA c rRQNfc OUNTY (SIGNATURE OF NOTARY) 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 opiional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: T¢le. or Type of Document Number of Pages Date of Document _ SignerW Other Than Named Above WOLCOTTS FORM 83200 Rev. 3-9. (price clew 8.2A) (D1994 WOLCOTTS FORMS. INC. ALL PURPOSE AC%NOwLEDGMENT PPTH SIGNER CAPACITY)RcPRESEN71A71ON/TW0 FINGEAPRINTS RIGHT THUMBPRINT (Option.!) E 0 o' CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) MCORPORA.E OFFICERS) OPARTNERIS) ❑LIMITED ❑GENERAL OATTORNEY IN FACT ' OTRUSTE£IS) ❑ GUARD IAN/CONSERVATOR MOTHER: ''SIGNER IS REPRESENTING: (Name of Person($) or Entit0ee) RIGHT THUMBPRINT (Optional) 0 0 CAPACITY CLAIMED BY SIGNER(S) MINDIVIDUALIS) OCORPORATE OFFICERS) ITiTLEO OPARTNER(S) ❑LIMITED ❑GENERAL []ATTORNEY IN FACT OTRUSTEEISi ❑GUARDIANICONSERVATOR MOTHER: SIGNER IS REPRESENTING: (Name of Persons) or Entity(ies) • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 3, 2004 R.J. Nobel Companv 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Bayside Drive Resurfacing (C -3556) To Whom It May Concern: On December 9, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 29, 2003, Reference No. 2003001522850. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 83 SB 104078540 BCM. Enclosed is the Labor & Materials Payment Bond. Sincerely, aVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 BOND NO. 83 SB 104078540 BCM LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.J. Nobel Company, hereinafter designated as the "Principal," a contract for construction of BAYSIDE DRIVE RESURFACING, Contract No. 3556 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3556 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of two hundred seven thousand, four hundred eighty-nine and 001100 Dollars ($207,489.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder oG 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 17th day of JUNE 2003. MICHAEL J. CARVER, PRESIDENT R.J. NobleCompany (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone Aut razed Si ture/Title It Au orized\Ag en ignature MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 STATE OF COUNTY OF CALIFORNIA RIVERSIDE On yP (t7 I (7 before me, PERSONALLY APPEARED I SS. R. STANDLEY MICHAEL D. STONG personally known to me (IF °;a to -�e eR "i I;a-i of ) to be the persoriis whose nama(e) is /me subscribed to the within instrument and acknowl- edged to me that he /executed the same in his/ LerT "tauthorized capacity(ies} and that by hisJ-her./ t;;e signatureE on the instrument the person.4 or the entity upon behalf of which the person{sj cted, executed the instrument. WITNESS my hand and official seal. SignatureL�' /y?�? R. STANDLEY d'CCMM. #13.63272 NOTARY PUBLIC • CALIFORNIA m `. RIVERSIDE COUNTY 4_»My Comm. Expires June 7, 2004 This area far 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-aSi Pev.6 /94 ALL- PURPOSE ACKNOWLEDGEMENT Travelers One Tower Square Hartford, CT 06183 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act "). The Act establishes a short -term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAV RS CASUALTY AND SURETY COMPANY +N7ERICA ZLERS CASUALTY A.ND SURETY COMW FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Montcon, Rosemary Standley, of Riverside, California, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his /her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in waiting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents, Resident 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 signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11 -00 Standard) 0 State of CALIFORNIA County of ORANGE 0 On June 18, 2003 before me Pamela Kitchens (OATEI (NAMEMTLE OF OFFICER- i.e.'JANE DOE, NOTARY PUBLIC') personally appeared Michael J. Carver, President of INAMEIS) OF SIGNERISR R.J. NOBLE COMPANY ® personally known to me asis of satisfactory evidence to be the person (a') whose name(s) (s /era subscribed to the within instrument and acknowledged to me that he /sheftHrey executed the same In his /4ertt Tair. authorized capacity(tes),- and that by his4 'm r signature4a) on the instrument the person), arthe entity upon be of which the person(y) acted, executed the ., "_._ -.,._ ..,_.,..,,.,:.....,....., m instrument. GOMI'V11. #1285317 Witness my hand and official seal. U r?: NOTARY PUBLIC- CALIFORNIA o C7 ORANu COUNTY 6iv ^ s -Crn NovembE M2034 ISEA L) / J '. (SIGNATURE OF NOTARY) ATTENTION (VOTARY 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 Tale or Type of Document MUST BE ATTACHED - TO THE DOCUMENT Number of Pages Date of Document _ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 63260 Rev. 3 -94 )price class 6 -2A) 01990 WOLCOTTS FORMS, INC, ALL PURPOSE ACKNONIEDGMENT WITH SIGNER CAPACITY1iEPRESEN7ATION/TW0 FINGERPRINTS RIGHT THUMBPRINT (Optionatl E 0 0 CAPACITY CLAIMED BY SIGNER(&) CINDIVIDUAL(S) ❑CORPORATE OFFICER(S) OPARTNER(SI CLIMITED ❑GENERAL ❑ATTORNEY IN FACT ' OTRUSTEE(S) O G U A R D IAN/CONSERVATOR - r COTHER: 'SIGNER IS REPRESENTING: .(Name of Pereonlsl or Entityliea) RIGHT THUMBPRINT (Optional) 0 0 CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUAL(S) ❑CORPORATE OFrICER(S) (TITLESI CPARTNEMS) CLIMITED ❑GENERAL DATTORNEY IN FACT CTRUSTEE(S) DGUARDIAN /CONSERVATOR DOTHER: SIGNER IS REPRESENTING: (Name of Peraonis) or Entitylies) RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk Cif of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Officia cords, County of Orange Tom Daly, Clerk -Re er 11111{ 11111111{ 1111111111111111111111111111NII111111111flIIIIII111INO FEE 2003001522850 02:28pm 12129103 213 109 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and RJ Noble, of Orange, California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Beside Drive Resurfacing (C -3556) Work on said Contract was completed on October 17, 2003, and was found to be acceptable on December 9, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. iIExecuted on v -� , at Newport Beach, California. BY �t�, Gl/�'✓ {' t City Clerk December 11, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC RE: Notice of Completions for: Jamboree Road, Bison to University Street Rehabilitation (C- 3525); Newport Heights Alley Replacement (C- 3565); Bayside Drive Resurfacing (C- 3556); and Buck Gully, Linda Isle and Carnation Pump Station Rehabilitation (C- 3368). Please record the four enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, V LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and RJ Noble, of Orange, California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Bayside Drive Resurfacing (C -3556) Work on said Contract was completed on October 17. 2003, and was found to be acceptable on December 9. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on M City Clerk , at Newport Beach, California. 9 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT t `JCS 5 t Agenda Item No. 16 - December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: BAYSIDE DRIVE RESURFACING —COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3556 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On June 24, 2003, the City Council authorized the award of the Bayside Drive Resurfacing contract to R.J. Noble. The contract provided the resurfacing of Bayside Drive from Coast Highway to the north end of the street (Dunes Resort). This project provided the removal of existing deteriorated asphalt roadway and the construction of new asphalt roadway to street grades to improve drainage. The project also included removing existing deteriorated driveway approaches, grinding existing roadway and constructing P.C.C. cross gutters, sidewalk, curb access ramps, driveway approaches, curb and gutter, and asphalt patch back. 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: $207,489.00 Actual amount of bid items constructed: 215,076.80 Total amount of Change Orders: 9,415.00 Final contract cost: $224,491.80 SUBJECT: Bayside Drive Resu,i - Completion knc Acceptance of Coniract No. 3 December 9, 2493 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional excavation, crushed miscellaneous base and asphalt base course. The final overall construction cost including Change Orders was 8.19 percent over the original bid amount. One Change Order in the amount of $9,415.00 provided for the removal and replacement of asphalt behind bike trails and drive approaches and for additional construction survey for redesign work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of an existing street and driveway approaches and did not impact any environmental resources. Funding Availability: Funds for the project were expended from the following account(s): Account Description Account Number Amount Gas Tax 7181- C5100692 $117,002.80 Street/Bikeway Improvement 7181- C5100302 $107,489.00 Total: $224,491.80 The original contract completion date was October 17, 2003. Due to Change Orders and redesign of a portion of the work the completion date was extended to November 21, 2003. All work was completed to the satisfaction of the Public Works Department by the revised completion date. Prepared by: Submitted b' r// R. Gunther, P.E. -Step n`G. Badum . Construction Engineer b ie "Works Director f: \usem\pbwVshared \council \fy03- 04 \dec -9 \bayside resurface -noc- c- 3556.doc CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658,8915 until 11:00 a.m. on the 5th day of June 2003, at which time such bids shall be opened and read for BAYSIDE DRIVE RESURFACING Title of Project Contract No. 3556 $ 230,000.00 Engineer's Estimate by G. Badum ��. O� 0 JQJ�,P fig'( p' o� eta 5� Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen J. Luv, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 `a 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. A- 782908 CLASS A Contractors License No. & Classification R.J. NOBLE COMPANY Bidder Aut razed Signature/Title MICHAEL J. CARVER, PRESIDENT JUNE 5, 2003 Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO, 3556 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 109 OF BID ), to be paid and fofaited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BAYSIDE DRIVE RESURFACING, Contract No. 3556 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its Obligations under this Bond. Witness our hands this 20th day of R.J. NOBLE COMPANY Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF AM: Name of Surety 21688 GATEWAY CENTER DRIVE Address of Surety DIAMOND BAR, CA 91765 Telephone MAY 7nnZ MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) STATE OF CALIFORNIA COUNTY OF RIVERSIDE On _- �ao�03 before me, PERSONALLY APPEARED • SS. R. STANDLEY MICHAEL D. STONG personally known to me almisiaeli&i:y et ) to be the person{sj whose namo{8} is /me subscribed to the within instrument and acknowl- edged to me that he /skr/ihey- executed the same in his/ 4w;,414@4 authorized capacity(ies} and that by his/ ;IP_ � tl;ei- signaturc464 -on the instrument the person44 or the entity upon behalf of which the personfmt-acted, executed the instrument. WITNESS my hand and official seal. Signature P OPTIONAL R. STANDLEY COMM. #1263272 \� NOTARY PUSUC- CALIFORNIA RIVERSIDE COUNTY My Comm. Ecpiroe June 7, 2001 This area far 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 nr! Elsl ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN`nT (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -CSI Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT TRAVELASUALTY AND SURETY COMPANY O RICA LERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Standley, of Riverside, California, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Hoard of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents, Resident 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 signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11 -00 Standard) 0 puog `iGe ;aloag;ue ;sissy uosuegop m uoH RrPNr V � F �� • T4 P�" • j Ag itt6t Cr . 'Otl0iltltlN H ij�10iWYH.F V0�/15V0 sONV AS�VC Tybi150� (:;�QOZ ` k-Ow JO ,(ep u' oe slgl paleQ lnoilaauuo0 3o olelS `pigpleH ;o iu0 oql ui `,iueduto0 aql ;o aai0 awoH aql le p3lpoS pue pau�?iS 'ODloJ u1 mou ale 5tluoglnV Jo aleogluaJ aql ui quo} las se `slolDanQ 3o spleog ag1 Jo suopnlosoU VuipuelS aql pegl `alowlagulq pue `'PONOnal uaaq lou ssq pue aDloj llnJ ui sulewal Sj!loglny ;o alsol}IuaJ pus S ulollV do lamod pogDelle pug 5uiogoigj Dill legl kAIIHgD AgguaH OQ `1no11oauuoJ Jo a1t1S aill Jo SIIOIIe10d100 NOO1S `ANVdwo.3 AI'IVIISVJ NOIONlICIV3 Put ANVdlkOJ AIMIS QNV AI'IVIISVJ SH3'I3AVHI `VJIHawV 30 ANVdNIOJ AIMIS QNV AI'IVIISVJ S1d3'I3AVHI Jo gjujanaS ;ue ;slssV `pau2lsiDpun aql `I 31VJI3I1HflJ ;meal ;al'J apeIN a!Ignd tit1oN 90OZ '0£ aunt salidxa uoissiwwoo Ail Joanill suopnlosmd Su1puuIS aql lapun 3Dlo laq /siq Jo ,Quoglne Sq suogslodloo oql Jo 3legoq uo lu3tumnsul pies aql palnoaxa aqs /oq legl pue 'slsas oleiodloD guns ale luawnllsui pies aql of pasglu sleas oql legl `.suogelodloo plus JO sIms alp smou)l Dgs/oq legl `luawnilsui anoge oql palnaaxa gDnlm pue w poqu3s3p suopwodioa aqi `ANVdNiOJ AI'IVIISVJ NO.L9NIWHV3 Put ANVIWOJ AIMIS QNV AI'IVfISVJ SH3'I3AVHI 'VJIH3NIV 30 ANVdNiOJ AI3Hf1S QNV AI'IVIISVJ SH3'I3AVH,L Jo;uaplsa.ld a3lA.lolu3S Si a11s /aq legl :Ses pue Dsodap pip `Moms dlnp aw Iq 8u1aq `ogm 'umouj ow of NOSdWolgj 'M 3JH D3J oweo Slleuosiad ow alo;aq £OOZ `,Sleniga3 Jo Sup illol sigl uO ;uaplsald 031A Ioluag uosdwogl ,M a6.loa0 ANVdINOJ AI'IVf1SVJ NOIONIIIIHV3 ANVdNIOJ Al2[HIIS QNV AI'IVIISVJ SH3'I3AVHL V3IH2lWV 30 ANWHOJ AIDMS QNV AI'IVfISVJ SH373AVHI o f tt b t c+ 'atloiunx a +L 'CtlOilkiM YT�nsvo SOxr Ai +'c �i "' � Q1103UNVII d0 AINMOJ WOJUEH 'SS ( InDUDaNN00 30 31VIS '£OOZ Siewga3 Jo ,Cep glol sup paxjM olalaq aq of slsas alelodim nagp pus )uaplsa td aDIA ao[uaS 113111 Fq pougls aq of luawnnsu1 sigl pasneo aneq ANVdNIOJ AI'IVIISVJ NOIONINRIV3 Put ANVdNIOJ AI3HIIS QNV AI'IVIISVJ SH3'I3AVHI `VJIH3NIV 30 ANVdWOJ AIMIS QNV AI'IVfISVJ SH3'I3AVHI `303H3HM SS3NIIM NI LJ State Of CALIFORNIA County of ORANGE E On June 5, 2003 before me, Pamela Kitchens (DATE) (NAME/TITLE OF OFFICER- i.e.'VANE DOE, NOTARY PUBLIC) personally appeared Michael J. Carver, President of INAMEISI OF SIGNER(S)I R.S. NOBLE COMPANY ® personally known to me asis of satisfactory evidence to be the person(g) whose name(s) Is /efe- subscribed to the within instrument and acknowledged to me that he /&hefthey executed the same in his /4et7`their authorized capacitOes), and that by his /ref4hre+r signatures) on the instrumentthe pers0nUS), or the entity upon be �-- PAMELA K of which the person( ,X I L, acted, executed the COMM 17 C) x)�' instrument. V� NOTARYPUBUC -... ;+!T S�na 4 0,57 O ' cRaNCeaa,..•. ]It4a!:.' ^r�ssie.n Expires Novzacht - -: <i;0o Witness my hand and official seal. (SEAL) (SIG '� U_ c r J (SIGNAA TURE F NOTARY) 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: Title or Type of Document Number of Pages Date of Document Signerfs) Other Than Named Above WOLCOTTS FORM 63240 Ray. 3 -94 Twice daa, 8-2A) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optionall F 0 00 CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(SI ❑CORPORATE _. OFFICERISI OPARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY IN FACT OTRUSTEEIS) D GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(sl or Entity(ies) RIGHT THUMBPRINT (Optional) i 0 0 CAPACITY CLAIMED BY SIGNER(S) DINDIVIDUAL(SI OCORPORATE OFFICER(S) (TITLES) OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT ETRUSTEEIS) O GUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: blame of Person(s) or Entity(ies) y 1IIIIIIII�7IIIIIIIII�II�IIIIII 8 ompany Profile • • Page I of 2 4W Caw"" of Company Profile Insurance TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA C/O TRAVELERS /AETNA PROP & CAS CO ONE TOWER SQUARE HARTFORD, CT 06183 800 - 392 -5494 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF Effective Date: 07 -01 -1997 AMERICA Agent for Service of Process JAMI BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 31194 NAIC Group #: 3321 California Company ID #: 2444 -8 Date authorized in California: July 31, 1981 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY httD:// cdinswww .insurance.ca.2ov /Dls /wu co Drof/idb co Drof utl.eet co Drof?n EID =... 06/10/2003 Company Profile 0 • Page 2 of 2 CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information [ Company nforcement Action Documents Company Performance R Comparison Data _ Composite ._C.om_.plant_S..tudies Want More? Help Me Find a.Comnany_RepresenKative in My Area Financial Rating Organizations Last Revised - May 21, 2003 10:24 AM Copyright © California Department of Insurance Disclaimer http: / /cdinsw�ryv. insurance. ca.gov /pls /wu_co _prof /idb_Co _prof utl.get_co _prof?p__EID =... 06/10/2003 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: C L. ('o„)CZCTE 10 -18 Address: Azu5A f •� TM / OJQ IhILYIfS Phone: State License Number: f 7 78 Z Name: IZAKkip eZ CUn1�T. Address: CoV I i t A ZI 2 2 Phone: State License Number. 1083 2- Name: ?AJtx T_ P- C QA-LPJ Address: 1�ER SAD c'J Phone: State License Number: R.J. NOBLE COMPANY Bidder Au orized SrgnatureMtle MICHAEL J. CARVER, PRESIDENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: 2-4 5 2 /pINC7 �.s Phone: State License Number: 2, t, _ �S Name: CASE LAnI� Address: bt` /,JCX t Phone: State License Number: S'f // /1 Name: Address: Phone: State License Number: R.J. NOBLE COMPANY Bidder Au orized Signature/Title MICHAEL J. CARVER, PRESIDENT 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name R.J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number INTERSECTION IMPROVEMENTS HARBOR & EDINGER Project Description INTERSECTION IMPROVEMENTS Approximate Construction Dates: From JANUARY 2002 Agency Name CITY OF FOUNTAIN VALLEY Contact Person BASAM ALASKAR APRIL 2002 Telephone (714) 963 -8321 Original Contract Amount $L86,496. Final Contract Amount $ 786,496 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. [me] 7 0 No. 2 Project Name /Number EUCLID STREET IMPROVEMENTS Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From AUGUST 2002 Agency Name CITY OF ANAHEIM Contact Person RALPH HART 0 DECEMBER 2002 Telephone (714) 738 -6322 Original Contract Amount $ 196,276 Final Contract Amount $ 196, 276.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number CASE ROAD PAVEMENT REHABILITATION Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From JULY 2002 To: DECEMBER 2002 Agency Name CITY OF PERRIS Contact Person ARMAN BULAONG Telephone X909) 943 -6504 Original Contract Amount $-8-90,289 Final Contract Amount $ 890, 289. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO E I 0 0 No. 4 Project Name /Number MCCALL BOULVEVARD A -7 -0301 Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From OCTOBER 2001 To: JUNE 2002 Agency Name COUNTY OF RIVERSIDE Contact Person STAN DERY Telephone (901 955 -6785 Original Contract Amount $ 825, 885Final Contract Amount $825,885. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name /Number FULLERTON MUNICIPAL AIRPORT Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From JULY 2001 To: JULY 2002 Agency Name CITY OF FULLERTON Contact Person RON BOWERS Telephone ( ) 714- 738 -6322 Original Contract Amount $ 2.339, 5V7inal Contract Amount $ 2, 339, 587. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 9 0 No. 6 Project Name /Number REHABILITATION OF ARTERIAL STREET Project Description PAVEMENT REHABILITATION Approximate Construction Dates: From FEBRUARY 2002 Agency Name Contact Person CITY OF RIVERSIDE STEVE KIM 0 OCTOBER 2002 Telephone ( )909 -826 -5312 Original Contract Amount $ 1, 268, 7fgnal Contract Amount $ 1, 268, 799. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. R.J. NOBLE COMPANYL��� -� Bidder A orized Si ature/Title MICHAEL J. CARVER, PRESIDENT 10 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) 0 MICHAEL J. CARVER being first duly sworn, deposes and says that he or she is PRESIDENT of R. J. NOBLE , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. R.J. NOBLE COMPANY Bidder Subscribed and sworn to before me this 1 Notary Public Auth rized Si atureMtle MICHAEL J. CARVER, PRESIDENT 5th day of My Commission Expires: November 24, 2004 11 2003. [SEAL] ;fELA KITCYHENS °..} ^jx',.1, COMM. #128531 C) Y'P ':j!''YPt)80C- CALIFORNIA n MvC� -ms:; ORANGECOUNTY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 DESIGNATION OF SURETIES Bidders name R.J. NOBLE COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): STONG INSURANCE SERVICES 4850 ARLINGTON AVENUE SUITE B RIVERSIDE, CA 92504 CONTACT: MIKE STONG 909 - 343 -0382 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 21688 GATEWAY CENTER DRIVE 91765 -8512 909- 612 -3000 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name R. J. NOBLE COMPANY Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2002 2001 2000 1999 1998 Total 2003 No. of contracts 33 146 109 102 149 79 618 Total dollar Amount of $14 $72 $57 57 $53 $31 $284 Contracts (in MILLION MILLION ILLION ILLION ILLION MILLION MILLION Thousands of $ No. of fatalities NONE No. of lost Workday Cases NONE No. of lost workday cases involving NONE permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 ACKNOWLEDGEMENT OF ADDENDA Bidders name R.7. NOBLE COMPANY The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 • Legal Business Name of Bidder R. J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE ORANGE, CA 92865 Business Tel. No.: State Contractor's License No. and Classification: 714- 637 -1550 A- 782908 A Title MICHAEL J. CARVER, PRESIDENT The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder MICHAEL J. CARVER, PRESIDENT Date JUNE 5-,) 2003 Title CRAIG ROTH, ASSISTANT SECRETARY Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. R.J. NOBLE COMPANY A CALIFORNIA CORPORATION MICHAEL J. CARVER, PRESIDENT STAN HILTON, SECRETARY CRAIG ROTH ASSISTANT SECRETARY 14 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R. J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE ORANGE, CA 92865 Telephone and Fax Number: 714- 637 -1550 714- 637 -6321 California State Contractor's License No. and Class: A- 782908 CLASS A (REQUIRED AT TIME OF AWARD) Original Date Issued: 08 -14 -2000 Expiration Date: 08 -31 -2004 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: STEVE MENDOZA, ESTIMATOR The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone MICHAEL J. CARVER, PRESIDENT 23621 LA PALMA AVE., YORBA LINDA, CA 714 - 637 -1550 STAN HILTON, SECRETARY 3997 EL DORADO DR., CORONA, CA 714 - 637 -1550 CRAIG ROTH, ASSISTANT SECRETARY 5625 CAMINO DE BRYANT YORBA LINDA, CA 714- 637 -1550 Corporation organized under the laws of the State of CALIFORNIA 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes Are any claims or actions unresofved or outstanding? Yes N MA 0 E If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. R.J. NOBLE COMPANY Bidder MICHAEL J. CARVER, PRESIDENT (Print name of Owner or President of Corporation /Company) Awfhorized,OgnatureFFitle MICHAEL J. CARVER, PRESIDENT Title JUNE 5, 2003 Date Subscribed and sworn to before me this 5th day of June IF 2003. [SEAL] P r "IE H KITCHENS apt 0'31AM #1285317 o NOTARY FU 3 UC CALIFCF IjA n - " CnANG'r. COUNTY Myr mm;c;cin xves,November 24.2004 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.J. Nobel Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BAYSIDE DRIVE RESURFACING Project Description 3556 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3556, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two hundred seven thousand, four hundred eighty-nine and 00 /100 Dollars ($207,489.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 714- 637 -1550 714 - 637 -6321 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 a • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 • • 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 6 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH AN R.J. NOBLE COMPANY By: orized 5O ature and Title MICHAEL J. CARVER, PRESIDENT 7- 8 -03; 2:OOPM; M. lert ^lu!i Cor po ra :E ;9c9 788 0072 9 2/ 6 ACORDe CERTIFICATOOF LIABILITY T INSUR�ICE o /020 1 /03 PRODUCER (949)857 -4500 FAX (949)857 -4800 Millennium Risk Management & Insurance Services S530 Trabuco Read Irvine, CA 92620 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED R. J. Noble Co. 15505 Lincoln Avenue P. 0. Box 6Z0 Orange, CA 92865 INSURER A: Liberty Surplus Insurance Corp. /CRC INSURER B: American States Insurance Co. INSURERO: Eagle Pacific Insurance Co. NSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER PDLI Y IVE DATE POLICY DATE MW LIMITS GENERAL LUBILRY EACH OCCURRENCE S 1/000/00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one lrc) S 5010 CLAIMS MADE FX OCCUR GOB0200108 -013 07/01/2003 07/01/ZO04 MED EXP (Any one person) S Excludec A PERSONAL B ADV INJURY S 1 000,00 GENERAL AGGREGATE S 21000,0 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP/OP AGG $ 2,000,0 POLICY PRO- LOG JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB (Ea accident) $ 1,000,00 X BODILY INJURY (Per person) S B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON- OWNEDAUTOS lCE919671 07/01/2003 07/01 /2004 X BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Peraccident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGG S ANY AUTO R INS S EXCESS LIABILITY OCCUR CLAIMS MADE Z ) �J EA OCCURRENCE S E S D E - SK MAN GER S DEDUCTIBLE S RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 50302476 07/01/2003 07/01/2004 X TORYLIMITS ER E.L. EACH ACCIDENT S 1,000 00 E.L. DISEASE - EA EMPLOYE S 1/000/00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 OTHER DESCRIPTION OF OPEN I IONSILOCAnO SIVEHICLES/EXCLU,SOS AD D BY ENDOREMENTISPECIAL PROVISIONS ertificate 0) name Insured as respects General & Auto Liability per endorsements 20 10 11/85; BA 72 41 10/97; WC Waiver of Subrogation WC 04 03 06 E: RJN Job #90905- Bayside Drive Resurfacing, Contract 63556 10 day notice of CANCELLATION in the event of non - payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ACORD 25S (7197) 0, 0 ©PTO CORPORATIO& 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Cit City of Newport Beach Cit iC Works Department EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KA1000M MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 Newport Blvd. PO Box 1768 AUTHORIZED REPRESENTATIVE we Newport Beach, CA 9ZGSB -8915 Leonard Ziminsk ACORD 25S (7197) 0, 0 ©PTO CORPORATIO& 1988 7- 6 -03; 2:OOPM;N ienniur+ Corporate ;9 <9 73E 00 1-2 a 3/ E Certificate issued to City of Newport Beach 07/01/2003 Millennium Risk Management & Insurance Services 07/01/2003 Additional Insured (s): City of Newport Beach, its officers, agents, officials, employees and volunteers 7- 8 -03; 2:o0PM;M.Ilenr,:..m Corporate • ;949 788 0072 a 4/ 6 Policy Number: EGOB0200108 -013 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: Any person or organization that the insured is required by written contract to name as an additional insured. City of Newport Beach, its officers, agents, officials, employees and volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 RE: RJN Job #90905 — Bayside Drive Resurfacing, Contract #3556 It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out the Named Insured Is) operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory with the insurance provided hereunder. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of 'your work" for that insured by or for you. CG 2010 11 85 Copyright Insurance Services Office, Inc. 1984 7- a -03; 2: OOPN.; ]ni iEn ^i��i. COYpo�aLe • 0 r SAFECO' POLICY NUMBER: 010E919671 • ;9a9 788 0072 # 5/ 6 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. INSURED.CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAIVER OF SUBROGATION Section IV _ BUSINESS AUTO CONDITIONS A.5 is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for 'bodily Injury' or property damage' arising out of the operation of a oovered'auto- when you have assumed liability for such bodiy injury" or property damage' under an Insured contract.' 2 BLANKET PRIMARY INSURANCE This insurance is considered primary and we will not seek contribution from any other insurance available to you for any person or organization for whom you are required under an Insured contract' to provide insurance, but only to the extent that this is provided under Section IV — BUSINESS AUTO CONDITIONS B-5. Other Insurance. Additional Insured: 3. BLANKET ADDITIONAL INSURED Any person or organization for whom you are required under an 'insured contract' to provide insurance is considered an 'insured' for Liability Coverage, but only to the extent that person or organization qualifies as an 'insured' under the Who Is An Insured provision contained in Section II of the Coverage Form. 4. PRIOR NOTICE OF CANCELLATION In the event of cancellation or reduction in the Limits of Insurance of the Coverage Form, we wig mail at least thirty (30) days prior written notice to any person or organization for whom you are required to provide such notice under an Insured contract.' provided you notify us of such contract requirement at least forty- five_(45) days prior to the cancellation or reduction. City of Newport Beach, its officers, agents, officials, employees and volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 RE: RJN Job #90905 -- Bayside Drive Resurfacing, Contract #3556 U 72 41 1b U +' aoR'.ut d YAF_C roast. 7- 8 -03; 2: 00PM;M is I enr i um Corporate ;9a9 788 0072 # 61 6 • • WORKERS COMPENSATION AND EMPLOYERS LIABIILTY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FORM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments form anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement form US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Where required by written contract, provided the contract is signed and dated prior to the date of loss to which this waiver applies. In no instance shall the provisions afforded by this endorsement benefit any company operating aircraft for hire. City of Newport Beach, its officers, agents, officials, employees and volunteers Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 RE: RJN Job #90905 — Bayside Drive Resurfacing, Contract'#3556 "SUBJECT TO A $250.00 MINIMUM PREMIUM PER POLICY. PAYROLL MUST BE SEGREGATED WHEN WORKING FOR THE ABOVE ENTITIY(S) SO APPROPRIATE CHARGES ARE MADE. SUBJECT TO PREMIUM CHARGE TO BE DETERMINED AT FINAL AUDIT. 'This changes the policy to which it is attached and IS effective on the date issued unless otherwise stated (This information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 711103 Policy No. IS0302476 Insured: R.J. Noble Company Insurance Company: Eagle Pacific Insurance Co. Countersigned WC 04 03 O6 (Ed. 4-84) Endorsement No. 3 Policy Effective Date 7/1/03 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved 7- 25 -03; 2 : :3PM;M - ennluM Ccrpora]e ;9n9 788 0072 u 2/ 3 l � EM WURANCE 7144806210 • 1,10.030 P.2 /3 IMPORTANT NOTICE CONCERNING YOUR RIGHTS UNDER A CUT - THROUGH AGREEMENT NATIONAL INDEMNITY COMPANY Insurance Policy (the "Polioy) to which this notice applies: 1 SD302476 Insurer (the "Company); Eagle Pacific Insurance Company Policy Inception Date; 07101/2003 Policy No.: 160302476 Named insured (the'Insuredl; A.J. Noble Company The Notice Inception Date Is 07101/2003 For value received, National Indemnity Company (hereinafter referred to as `National Indemnity") agrees that In the event the Company does not pay amounts otherwise payable under the Policy as a result of a court of competent jurisdiction or the state Insurance regulatory authority In the Company's domiatllary state ( "Insurance regulatory authontyl Issuing an order finding such Company to be Insolvent or entering an order to the Company which legally prohibits the Company from paying Policy amounts otherwise payable because of the Company's financial condition, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the Company under the Policy that has not been previously paid by the Company, subject always to the other terms, conditions, exclusions and limitations of the Policy. National Indemnity will make such payment directly to the Insured (or to its mortgagees, assignees or loss payees, as their interests may appear) In the event of first -parry coverages, or directly to the claimant or claimants to whom the Insured is legally liable in the event of third -party coverages. As a condition of National Indemnitys payment obligation, the insured, after receiving actual notice of the receivership or insolvency of the Company, shall provide prompt written notice to National Indemnity, attention; Kemper Out- Through, at Its statutory Home Offics as on record with the National Association of Insurance Commissioners, of any claim or suit for which National Indemnity may be liable by reason of this agreement herein. As a condition precedent to payment hereunder, National Indemnity sholl be deemed to have all the rights of the Company and be subrogated to all the rights of the Insured to the extent of such payment. In the case of thlyd -party liability coverages, payment shall be due hereunder only after any one of the following three conditions Is met; (1) the claimant obtains a judgment against the Insured or the Company after actual trial by a court of competent jurisdiodon; or (2) the claimant enters Into a settloment with this Insured or the Company approved by National Indemnity; or (3) the claimant enters into a settlement with the Insured or the Company approved by the Company prior to 9 being declared insolvent or prohibited from paying amounts due under the Policy. None of these conditions shall apply to first -party ooveragee, including)utt not limited to.eny state workers' compensation or similar federal compensation coverages that may be provir§d by the Policy. IL 80 39 (Ed. 12 02) Page 1 of 2 Printed in US.A. . -25 -031 2113PM:"' I! erir' �m Cor ppatE TUL.25.2003 10:49AM EAGLfWSURANCE 7144806210 • 9 <9 788 0072 N0.030 P.3i3 Upon the Company being declared Insolvent or being legally prohibited from paying Policy amounts otherwise payable because of the Company's financial condition by a court of competent jurisdiction or insurance regulatory authority or upon any Insurance regulator assuming any control over the Company's claims handling process, National Indemnity has the fight, but not the duty, to assume any obligation the Company may have to provide a defense to the Insured, If such an obligation Is created by the Policy. If National Indemnity does not assume such obligation, It will reimburse the Insured for the reasonable cost of such defense to the extent that the Company would have been obliged to pay such cost under its obligation to defend. National Indemnity and the Insured will cooperate in the selection of defense counsel at the commencement of Iltigation, Nothing herein shall make National Indemnity the insurer under the Policy. National tndemnhys obligation. hereunder Is limited to the Company's obligations under the Policy and shall not Include any payment arising under claims of bad faith, extra contractual obligations or payments In excess of policy itmift, In the event the Notice Inception Date is later than the Policy inception Date, then this Notice does not apply to any damages, offense or loss of any nature for which coverage Is otherwise provided under the Policy If such damages, -offense or loss "commences" In whole or in part, prior to the Notice Inception Date, even If such damages, offense or loss continues, Is alleged to continue, or is deemed to continue on or after the Notice Inception Date. For the purposes of this Notice only, "commences° shall mean; (0 first occurs, is alleged to first occur or Is deemed to first occur; or (A) incepts, is alleged to Incept or is deemed to incept; or (W) first manifests, Is alleged to have first manifested, or is deemed to have first manifested. "Commence" is the earliest point in time of (), (I) or (Ii). National indemnity has no Ilabiilty to make payments or reimburse any person for payments if the payments were Incurred in connection with or were In any way related to such excluded damages, offense or loss. NAT1ONAf_ INDEMNITY COMPANY ��Owtoll 4;040'/ President EAGLE PACIFIC INSURANCE COMPANY a� WK Chief ExwAlve Officer IL 80 32 (Ed. 12 02) Page 2 of 2 Printed in U.S.A. �- 25 -03; 2= �3�M.;Mi lenr �pri Cor po ^ate • p p p p, r M 1 L L O � UT I 1 U M DATE: :9a9 ?66 OC72 • The City of Newport Beach FAX NUMBER: 949,""ft00 V 44 M . 3$1$ 1 U M DATE: July 25, 2003 TO: Sherri COMPANY: The City of Newport Beach FAX NUMBER: 949,""ft00 V 44 M . 3$1$ FROM. Maria Arellano 949 - 679 -7111 PAGES: 3 SUBJECT. R.J. Noble Workers' Compensation Policy #1S0302476 Dear Sherri: Please find the cut - through endorsement for the above. The original will follow via mail. Please give me a call if there is anything is else I can do for you. MariwAreila4%o- 5530 Trabuco Road, Irvine, CA 92620 (949) 857 -4500 FAX (949) 857 -4800 License No. 003480 n i 3 CITF NEWPORT B#A*CH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949)644 -3311 July 24, 2003 Millennium Risk Management & Insurance Services — Attention Maria Fax: 949-857-4800 R.J. Noble Co. Fax: 714 - 637 -6321 j JUt 2 4 200' ' Re: Bayside Drive Resurfacing Contract No. 3556 I am following up on a conversation I had with Maria in your offices on July 15, 2003, regarding the City's rejection of the Workers Comp carrier on the certificate provided to us earlier this month. The City's Risk Manager will not accept Pacific Eagle Insurance because of their low Best rating. We will accept that carrier with a cut through endorsement to a carrier with a Best rating of A VI I or better. To date we have not received anything from Millennium. Time is running out for R.J. Noble to be in compliance with our contract requirements for insurance approval within 30 calendar day from the date of the award of contract. The contract was awarded on June 24, 2003. Thirty days from that date is July 24, 2003. The City has the option of rescinding the award and awarding to the second lowest bidder at this point. Please fax revised copy of certificate and endorsements with corrections to my attention and put the originals in the mail. I will get back to you if there are any further revisions necessary after we review the new Worker Comp carrier. I have attached a copy of the fax I sent on June 26, 2003. If you have any questions, please contact me at 949 - 644 -3311. Sincerely, a,4�Qt�o-- Shari Rooks Public Works Specialist JUN -25 -2003 WED A. _ INSURANCE COMPANY: -j-n4t_�+y7b, E) c$:= 14- Cgj Fax #: (�0333/��P�MjCANCE I� l0"/ q FAX N0, 09391654 F. 01 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, Date Received: Dept. /Contact Received From: �IiIB -✓J ? (�OfCS Date Completed: Sent to: 14y-va,✓ I '' /nIB-y: ,�srvj j �(f /jC✓ Company /Person required to have certificate: P__ '-j- l) oY I. GENERAL LIABILITY A. _ INSURANCE COMPANY: -j-n4t_�+y7b, E) c$:= 14- Cgj LitCi.. B. AM BEST RATING (A: VII or greater): X� C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? „1 nn" E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Nles ❑ No // I\ PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes KNo H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: F__)Y� n_LQ1h 6-n g.2 -.L-nS F`Sj Qf 2bn±f1 Cm_ B. AM BEST RATING (A: VII or greater): J C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? rYy E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its �,/ officers, officials, employees and volunteers): Is it included? LLY, yes ❑ No F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): / Is it included? (I / Q-� Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: I�CCCGITI L (3B. AM BEST RATING (A: VII or greater): C- LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? MEW ,Yes ❑ No ❑ Yes 4 No 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3556 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ SQgk A Dollars and DOV 00 Cents $ 0co • CK) Per Lump Sum 2. Lump Sum Traffic Control @ Seven thousand Dollars No Cents 7,000.00 $ 7,000.00 Per Lump Sum 3. Lump Sum Clearing and rGrubbing T Y'�c Rn S'X 7'�� R aC;' ITS @ Seventeen theesan Dollars io Soo cA No and Cents ee�eeIS Per Lump Sum I • • • PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 490 S.Y. Cold Mill A.C. Roadway @ Seven Dollars and No Cents $ 7.00 $ 3,430.00 Per Square Yard 5. 370 C.Y. Remove Existing Asphalt Material @7w Dollars and r-� o Cents Per Cubic Yard [.1 111111WA VA 1,550 Tons 515 Tons 9. 540 Tons Excavation @ : �Yv t) on.Q Dollars and no Cents Per Cubic Yard 6 -Inch Thick Crushed Miscellaneous Base @ Fifteen Dollars and No Cents Per Ton 2 -Inch Thick A.C. Base Course @ Forty three Dollars and No Cents Per Ton 2 -Inch Thick A.C. Finish Course @ Forty Three Dollars and No Cents Per Ton $ 21.M $ 15.00 $ 43.00 $ 43.00 $ ? 770. vo $ 23,250.00 $ 22,_145.00 $ 23,220.00 0 0 PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 280 L.F. Remove Existing and Construct P.C.C. Type "A" Curb & Gutter @Eighteen Dollars No — Cents $ 18.00 $ 5,040.00 Per Linear Foot 11. 1,675 L.F. P.C.C. Type "A" Curb & Gutter @ Sixteen Dollars No and 16.00 26,800.00 - — Cents $ $ — Per Linear Foot 12. 1,100 S.F. 8 -Inch Thick P.C.C. Cross Gutter @ Ten Dollars and Fifty Cents $ 10.50 $ 11,550.00 Per Square Foot 13. 450 S.F. Remove P.C.C. Sidewalk @Three Dollars Seventy Five Cents $ 3.75 — $ 1,687.50 Per Square Foot 14. 5,250 S.F. 4 -Inch Thick P.C.C. Sidewalk @ Two Dollars Seventy Five and 2.75 14,437.50 Cents $ Per Square Foot 15. 210 S.F. Remove Existing and Construct P.C.C. Driveway Approach, Type I @ Four Dollars and Twenty five Cents $ 4.25 $ 892.50 Per Square Foot 0 0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 1,450 S.F. Remove Existing and Construct P.C.C. Driveway Approach, Type II @ Five Dollars and Seventy five Cents $ 5.75 $ 8,337.50 Per Square Foot 17. 13 Each 4 -Inch Curb Drain One hundred @p and forty Dollars and No Cents $ 140.00 $ 1,820.00 Per Each 18. 770 S.F. Remove Existing and Construct 8 -Inch Thick P.C.C. Pavement @ Seven Dollars Sixty Cents $ 7.60 $ 5,852.00 Per Square Foot 19. 2 Each Modify Curb Inlet Three hundred and @ seventy one Dollars No 371.00 742.00 Cents $ $ Per Each 20. Lump Sum Provide Survey Service Seven thousand @ Eight hundred Dollars No 7,800.00 7,800.00 Cents $ Per Lump Sum 21. 4 Each Adjust Sewer Manhole to Grade Six hundred and @p seventy five Dollars and No Cents $ 675.00 $ 2,700.00 Per Each 0 0 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 6 Each Adjust Water Valve Cover to Grade Three hundred �nd twenty five Dollars and No Gents $ 325.00 $ 1,950.00 Per Each 23. 14 C.Y. Top Soil @ Seventy five Dollars No Cents $ 75.00 $1,050.00 Per Cubic Yard 24. Lump Sum Traffic Striping Three thousand ztwo hundred Dollars No Cents 3,200.00 3,200.00 Per Lump Sum 25. 3 Each Adjust Fire Hydrant to Grade Three hundred and @ five Dollars and No Cents $ 305.00 915.00 Per Each TOTAL PRICE IN WRITTEN WORDS Ltl lu ICI LLJ S �-•� , v I . JUNE 5, 2003 Date 714 - 637 -1550 714 - 637 -6321 Bidder's Telephone and Fax Numbers A- 782908 CLASS A Bidder's License No(s). and Classification(s) lars Total Price (Figures) R.J. NOBLE COMPANY Bidder Bi is Au orized Signature and Title MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidder's Address 0 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 0 i 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.8 Steel Plates 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents and Temp Parking Permits 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT AND CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel SECTION 214 PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS 4 5 �1 5 5 5 5 6 6 6 6 7 7 7 7 8 11 11 11 11 11 11 11 12 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 302 ROADWAY SURFACING 13 302 -5 ASPHALT CONCRETE PAVEMENT 13 302 -5.1 General 13 302 -5.4 Tack Coat 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302 -6.6 Curing 13 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 13 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 13 303 -5.1.1 General 13 303 -5.5 Finishing 13 303 -5.5.1 General 13 303 -5.5.2 Curb 14 303 -5.5.4 Gutter 14 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 14 308 -1 GENERAL 14 SECTION 310 PAINTING 14 310 -5 PAINTING VARIOUS SURFACES 14 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 14 310 -5.6.6 Preparation of Existing Surfaces 14 310 -5.6.7 Layout, Alignment and Spotting 14 310 -5.6.8 Application of Paint 15 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 15 312 -1 PLACEMENT 15 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements Last saved by mlocey05 /07 /2003 2:14 PM f.\ users \pbw\ shared \contracts\tn sters\mastcrs for contract set up\master specs index.doc 15 16 16 16 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BAYSIDE DRIVE RESURFACING CONTRACT NO. 3556 INTRODUCTION SP1OF15 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5818 -S and T- 5904 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of removal of the existing roadway and construction of a new asphalt roadway with concrete curb, gutter, sidewalk and cross gutter." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." • 0 SP2OF15 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to 0 • SP3OF15 failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION S - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor 0 • SP4OF15 shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job:' 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty (30) consecutive working days after the date on the Notice to Proceed. No work shall start until September 8, 2003. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St,` the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`h, the first Monday in September (Labor Day), November 11'h (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24'h, (Christmas Eve — half day), December 25" (Christmas), and December 31 `(New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize 0 E SP5OF15 inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. • • SP6OF15 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. Access to the mobile home parks, the Dunes Resort and businesses along Bayside Drive must be maintained at all times. 3. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 4. All advanced warning sign installations shall be reflectorized and /or lighted. 5. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 0 7 -10.4 Public Safety SP7OF15 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight 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 (949) 644 -3717, for verification of posting at least forty -eight 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. • • SP8OF15 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. All Improvement/Construction Plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24- inch by 36 -inch mylar with a minimum thickness of 3 mils. The plans shall also include a City of Newport Beach Public Works Title Sheet. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing an equipment/materials storage site, preparation of the SWPPP, preparation of the construction schedule, and ail other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications, posting of signs and all costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by • • SP9OF15 a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, K- rail, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Clearing and Grubbing: Work under this item shall include removing all natural and artificial objectionable materials from the right -of -way and all other work necessary to clear and grub within the project limits complete and in place. Item No. 4 Cold Mill Existing Asphalt Pavement: Work under this item shall include the cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work necessary to cold mill the existing asphalt roadway within the project limits complete and in place. Item No. 5 Remove Existing Asphalt Material: Work under this item shall include removing existing asphalt street and curb, disposing of the material, and all other work necessary to remove the existing asphalt material complete and in place. Item No. 6 Excavation: Work under this item shall include removing existing base and sub -base material, disposing of the material, and all other work necessary for excavation complete and in place. Item No. 7 6 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include installing 6 -inch thick crushed miscellaneous base, grading, compaction, and all other work necessary to construct the street base complete and in place. Minimum dig out width shall be 3 feet. Item No. 8 2 -Inch Thick Asphalt Concrete Base Course: Work under this item shall include constructing 2 -inch thick asphalt concrete base course and all other work necessary to construct 2 -inch thick asphalt concrete base course complete and in place. Item No. 9 2 -inch Thick Asphalt Concrete Finish Course: Work under this item shall include constructing 2 -inch thick asphalt concrete finish course and all other work necessary to construct 2 -inch thick asphalt concrete finish course complete and in place. Item No. 10 Remove Existing and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoration of all existing improvements damaged by the work, and all other work items as required to complete the work in place. Gutter width shall be 2 -feet. Item No. 11 P.C.C. Type "A" Curb and Gutter: Work under this item shall include subgrade compaction, constructing curb openings for curb drains, constructing P.C.C. curb and gutter, chiseling of curb face for existing underground utilities, restoration of all • • SP 10 OF 15 existing improvements damaged by the work, and all other work items as required to complete the work in place. Gutter width shall be 2 -feet. Item No. 12 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include subgrade compaction, placement of crushed miscellaneous base, base compaction, construction of 8 -inch thick P.C.C. cross gutter, and all other work items as required to complete the work in place. Item No. 13 Remove P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk and all other work items as required to complete the work in place. Item No. 14 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 15 Remove Existing and Construct P.C.C. Driveway Approach Type I: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, Type I, per C.N.B. Std.- 160 -L, including crushed miscellaneous base, and all other work necessary to remove the existing improvements and construct the driveway approach complete and in place. Item No. 16 Remove Existing and Construct P.C.C. Driveway Approach Type II: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, Type II, per C.N.B. Std.- 161 -L, including crushed miscellaneous base, and all other work necessary to remove the existing improvements and construct the driveway approach complete and in place. Item No. 17 Curb Drains: Work under this item shall include the installation of curb drains, rock rip -rap, drain cap, PVC pipe (Sch. 40) and all other work necessary to install curb drains complete and in place. Item No. 18 Remove Existing and Construct 8 -Inch Thick P.C.C. Pavement: Work under this item shall include removing existing improvements and constructing 8 -inch thick P.C.C. pavement and all other worts necessary to remove the existing improvements and construct the pavement complete and in place. Item No. 19 Modified Curb Inlet: Work under this item shall include removing and disposing of the existing interfering portions of curb inlet and local depression, salvaging the existing frame and cover and face plate for reuse, constructing a modified curb inlet and local depression per applicable portions of C.N.B. Std. 305 -L., reinstalling the salvaged frame and cover and face plate, and all other work items as required to complete the work in place. Item No. 20 Provide Survey Service: Work under this item shall include providing any and all surveying required to complete the work in place under this contract. • • SP 11 OF 15 Item No. 21 Adjust Sewer Manhole to Grade: Work under this item shall include adjusting all manholes to grade and any equipment necessary to complete the work under this contract. Item No. 22 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting all water valve covers to grade and any equipment necessary to complete the work under this contract. Item No. 23 Top Soil: Work under this item shall include submission of samples and specifications for engineer's approval, furnishing and placing top soil, and all work necessary to place top soil complete and in place. Item No. 24 Traffic Striping: Work under this item shall include traffic striping, pavement markers, and all work necessary to install traffic striping complete and in place. Item No. 25 Adjust Fire Hydrant to Grade: Work under this item shall include adjusting all fire hydrants to grade and any equipment necessary to complete the work under this contract. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C -3250, Type V." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 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." • • SP 12 OF 15 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 43,500 square feet." 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 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. • • • SP 13 OF 15 SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks' /4 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,500 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." ,, • • SP 14 OF 15 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe his method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. The Contractor will also coordinate any fill /grading adjacent to existing trees with the Urban Forrester. If the Contractor encounters large tree roots, he shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." ' 0 SP 15 OF 15 310 -5.6.8 Application of Paint. Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the 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." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base, or better, as the base material." ACORD CERTIFICA OF LIABILITY INSUIONCE DATE(MM)DDNY) POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDNY) 07/01/2003 PRODUCER 949)857 -4500 FAX (949)857 -4800 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR GLB0200108- 013 Millennium Risk Management & Insuran eT}jlCeS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5530 Trabuco Road .� �:.f ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92620 MED EXP(An, one person) $ Excluded "rERSONAL & ADV INJURY b 1,000,000 INSURERS AFFORDING COVERAGE INSURED R. J. Noble Co. INSURER A: Liberty Surplus Insurance Corp. /CRC 15505 Lincoln Avenue ,r.,�;,_,G - - -_ `�.;�,� INSURER B: American States Insurance Co. INSURER Eagle Pacific Insurance Co. P. 0. Box 620 ; •;+' -` `' ,_:,` ` Orange, CA 92865 NSURERD: lCE919671 07/01/2003 INSURER E: COMBINED SINGLE LIMIT (Ea accident) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDNY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OOCCUR GLB0200108- 013 07/01/2003 07 /01/2004 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP(An, one person) $ Excluded "rERSONAL & ADV INJURY b 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY PRO LOC PRODUCTS - COMPIOP AGG $ 2,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS lCE919671 07/01/2003 07/01 /2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ $ EXCESS LIABILITY OCCUR ❑CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY S0302476 07/01/2003 07/01/2004 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. ISEASE- EAEMPLOYP $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ertificate Holder et al named Additional Insured as respects General & Auto Liability per endorsements G 20 10 11/85; CA 71 35 12 93; WC Waiver of Subrogation WC 04 03 06 E: RJN Job #90905- -Bayside Drive Resurfacing, Contract #3556 '10 day notice of CANCELLATION in the event of non - payment of premium. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLPMX90= MAIL Public Works Department *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 Newport Blvd. BXXM�e< M9( 9( 9pWtX9W7D (9p5XJQ9QRlf9l9C9�OM0RXk76XpXX PO Box 1768 Si�XA0�t7f0.iPX lFRKRJfX3PXIRA0�dX7( XA( 9gNX9 (9Vi(90PNBW€M1�9[MIKxXXiXXXX Newport Beach, CA 92658 -8915 AUTHORIZED REPRESENTATIVE Leonard Ziminsk 0 0 City of Newport Beach Certificate issued to City of Newport Beach 07/01/2003 Millennium Risk Management & Insurance Services 07/01/2003 Additional Insured(s): City of Newport Beach, its officers, agents, officials, employees and volunteers E 0 Policy Number: EGLB0200108 -013 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City of Newport Beach, its officers, agents, officials, employees and volunteers Public Works Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 Re: RJN Job #90905 — Bayside Drive Resurfacing, Contract #3556 Any person or organization that the insured is required by written contract to name as an additional insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 0 0 POLICY NUMBER: 010E919671 CA 71 35 12 93 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective 7/1/2003 Named Insured Countersigned by R.J. Noble Co. (Authorized Representd{Ivej Schedule City of Newport Beach, its officers, agents, officials, employees and volunteers Public Works Department 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 Re: RJN Job #90905- Bayside Drive Resurfacing, Contract #3556 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You: 2. Any of your employees or agents; 3. Any person except the additional insured or any employee or agent of the additional insured, operating a covered "auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To "bodily injury' or "property damage" arising out of the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 71 35 12 93 Page 1 of 1 0 0 IMPORTANT NOTICE CONCERNING YOUR RIGHTS UNDER A CUT - THROUGH AGREEMENT NATIONAL INDEMNITY COMPANY Insurance Policy (the "Policy ") to which this notice applies: Insurer (the "Company): EAGLE PACIFIC INSL Policy Inception Date: "• om Policy No.: Named Insured "If ): The Notice Ind Cis For value recce National Indemnity Company (hereinafter referred to as "National Indemnity') agrees that in the event the Company does not pay amounts otherwise payable under the Policy as a result of a court of competent jurisdiction or the state insurance regulatory authority in the Company's domiciliary state ( "insurance regulatory authority ") issuing an order finding such Company to be insolvent or entering an order to the Company which legally prohibits the Company from paying Policy amounts otherwise payable because of the Company's financial condition, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the Company under the Policy that has not been previously paid by the Company, subject always to the other terms, conditions, exclusions and limitations of the Policy. National Indemnity will make such payment directly to the Insured (or to its mortgagees, assignees or loss payees, as their interests may appear) in the event of first -parry coverages, or directly to the claimant or claimants to whom the Insured is legally liable in the event of third -party coverages. As a condition of National Indemnity's payment obligation, the Insured, after receiving actual notice of the receivership or insolvency of the Company, shall provide prompt written notice to National Indemnity, attention: Kemper Cut - Through, at its statutory Home Office as on record with the National Association of Insurance Commissioners, of any claim or suit for which National Indemnity may be liable by reason of this agreement herein. As a condition precedent to payment hereunder, National Indemnity shall be deemed to have all the rights of the Company and be subrogated to all the rights of the Insured to the extent of such payment. In the case of third -party liability coverages, payment shall be due hereunder only after any one of the following three conditions is met: (1) the claimant obtains a judgment against the Insured or the Company after actual trial by a court of competent jurisdiction; or (2) the claimant enters into a settlement with the Insured or the Company approved by National Indemnity; or (3) the claimant enters into a settlement with the Insured or the Company approved by the Company prior to it being declared insolvent or prohibited from paying amounts due under the Policy. None of these conditions shall apply to first -party coverages, including but not limited to any state workers' compensation or similar federal compensation coverages that may be provided by the Policy. w • Upon the Company being declared insolvent or being legally prohibited from paying Policy amounts otherwise payable because of the Company's financial condition by a court of competent jurisdiction or insurance regulatory authority or upon any insurance regulator assuming any control over the Company's claims handling process, National Indemnity has the right, but not the duty, to assume any obligation the Company may have to provide a defense to the Insured, if such an obligation is created by the Policy. If National Indemnity does not assume such obligation, it will reimburse the Insured for the reasonable cost of such defense to the extent that the Company would have been obliged to pay such cost under its obligation to defend. National Indemnity and the Insured will cooperate in the selection of defense counsel at the commencement of litigation. Nothing herein shall make National Indemnity the insurer under the Policy. National Indemnity's obligation hereunder is limited to the Company's obligations under the Policy and shall not include any payment arising under claims of bad faith, extra contractual obligations or payments in excess of policy limits. In the event the Notice Inception Date is later than the Policy Inception Date, then this Notice does not apply to any damages, offense or loss of any nature for which coverage is otherwise provided under the Policy if such damages, offense or loss "commences" in whole or in part prior to the Notice Inception Date, even if such damages, offense or loss continues, is alleged to continue, or is deemed to continue on or after the Notice Inception Date. For the purposes of this Notice only, "commences" shall mean: (i) first occurs, is alleged to first occur or is deemed to first occur; or (ii) incepts, is alleged to incept or is deemed to incept; or (iii) first manifests, is alleged to have first manifested, or is deemed to have first manifested. "Commence" is the earliest point in time of (i), (ii) or (iii). National Indemnity has no liability to make payments or reimburse any person for payments if the payments were incurred in connection with or were in any way related to such excluded damages, offense or loss. NATIONAL INDEMNITY COMPANY EAGLE PA Prom Chief Executive Officer 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steven Luy, Associate Civil Engineer 949 - 644 -3311 sluy@city.newport-beach.ca.us SUBJECT: BAYSIDE DRIVE RESURFACING —AWARD OF CONTRACT NO. 3556 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3556 to R. J. Noble Co. for the Total Bid Price of $207,489.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M on June 5, 2003, the City Clerk opened and read the following bids for this project: BIDDER Low R. J. Noble Co. 2 All American Asphalt 3 Excel Paving Co. 4 Orion Contracting, Inc. 5 Hillcrest Contracting 6 GCI Construction Inc. TOTAL BID AMOUNT $207,489.00 212,212.00 *219,992.50 227,745.00 290,791.50 299,484.00 * Corrected Bid Amount is $212,792.50 The low total bid amount is 10 percent below the Engineer's Estimate of $230,000.00. The low bidder, R. J. Noble Co., possesses a General Classification "A" contractor's license as required by the project specifications. R. J. Noble Co. has satisfactorily completed similar roadway repair projects for the City. Subject: Bayside Drive Resuting — Award of Contract No. 3556 • June 24, 2003 Page: 2 This project provides for the resurfacing of Bayside Drive from Coast Highway to the north end of the street (Dunes Resort). This project provides for the removal of existing deteriorated asphalt roadway and the construction of new asphalt roadway to street grades that will improve drainage. The project also includes removing existing deteriorated driveway approaches, grinding existing roadway and constructing P.C.C. cross gutters, sidewalk, curb access ramps, driveway approaches, curb and gutter, and asphalt patch back. Work will not start until September 8, 2003 and the Contractor will have thirty consecutive working days to complete the work per the contract requirements. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the reconstruction of an existing street and driveway approaches and did not impact any environmental resources. Funding Availability: There are sufficient funds available in the following account for the work: Account Description Gas Tax Street/Bikeway Improvements Prepared by: �-'e Z 4=- Steven Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number 7181- C5100692 7181- C5100302 Total Submitted by: Amount $120,000.00 $107,489.00 $227,489.00 Step G. Badum lic Works Director )7718 LINDA ISLE ,AST PROJECT �k 9y LOCATION MAP NOT TO SCALE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BAYSIDE DRIVE RESURFACING • NEWPORT DUNES DRAWN-! APPROVED DRAWING NO. J C -3556 DATE EXHIBIT i 9. U Q W m F O a W Z Li 0 F- F U F Z W F Q a W 0 Ln i >O J m a m O O N O O E W .. O ~ O Q �p cW G N H s U o U L O m M O ` O W Y U � W T S U O U Z W ~ J Qa� U a O N J � ED } 0] u M V) N DJ cc N O w F- H O r O a OO v O s N «� di N LLi H W o W Z (n q Z U Z � z o W CL 0 O N O N c 0 E Q a m Q m a U Q D 7 c� O m O O O c 0 V �a d N L i a N N a 0 0 0 0 o p o o 0 0 0 0 0 0 0 0 o D o 0 0 o O o 0 (? 0 0 N O 0 0 0 0 O 0 0 0 N O O O N 0 0 0 0 0 0 0 Z 0 0 0 N O O 0 O O O O h O O N 0 0 0 0 0 0 �1 O to O O O N n 00 In O h m O n �n N 0 0 0 Ln p O o N O 0 m M O o O ^+ O O •+ 00 W N t d' � O r.+ m N W T N ai l0 O) U Q O M M m '+ O C M m o 0 1� V N 1- h l0 a '+ N m M f+ h m< .� •+ N N N N M N-� j N m a 000�00000 o o o o m o 00 Ln0000000 v 0 0 0 N O O m 0 0 O O O O h O m 0 N O O 0 0 0 O O x H O O O l0 O W N N n ,-+ N o N o co o O N M N O Q W Z O M O M N '+ C 7 N '+ N O O n n !M O M m m O W [F M In V7 m O m u N m 0 0 0 0 0 0 0 00 O 0 0 0 0 O 0 0 000000,:)o 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 0 0 0 Z n ip O O m O m i 0 O m 0 0 to O 00 066666660 m L h Ol O p i m O O O N N O- a N N N 00 h 0 0 M N '+ to O m N O 1p O O O O 'U O O l9 N O h h m .: a '+ N m m N m V N h m d' -+ N M •+ N Q�E m N N N n C Q m N u .w o 0 0 0 o D o 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O N O 0 0 0 0 0 0 N O 00 0 0 0 0 0 0 0 0 f w O C m W N m m r+ Oi h N N m O 0 0 0 0 0 0 O 00 - Z N- O .v h '+ a s O 0 0 N t'J M O N z Q h M O N Lp N m N -+ N N D 0 0 0 0 0 0 0 0 0 0 0 0 O O D O 0 0 0 0 0 0 0 0 �DOOOOOOpo 000Ln�n Ln -0 0000co0oo Z 0 0 0 0 0 0 O m O O O O h h N h 0 N N O O O O O M O D O O O �n m a h h 0 a m CV O ,+ N N d' O O m m co U7 m R m co m m N co L, vj a n 0 W 0 i� L, C. N O O N G� Up Lj O h O m h CO m N M i0 •+ -+ a W -+ L, h N -+ m a Z Q O O N z 0 0 0 0 O O O O O O O O M O 0 0 0 O O O O O O O O O O O O O O 0 0 U� h h N h 0 1;0000000 F- O O O h- - 6 m M W w O m N a N O n '+ O m N ll O N 3 Z O O O O O N o n (\ h 0 0 O h n in 0 M o7 U m N m M J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 N Z 0 0 0 0 0 0 0 N O p � O O O m m O O O 100 O O 0 8 0 0 0 N m O 0 O h CO tO m V � N ccl� O0O J CN W O 00 0 � t Wcd N a Ln m m d' O w Q m N N N 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 C 000 00000 O 00000 m in O OOO OOOOO � F- C) m 0 0 0 m O m N m -+ ri 0 O O lC 0 0 0 0 0 0 0 O O �j II N N a N d W V W J W< 'J J W N 000 0 u� 0 0 0 O 06 n O O N O N ti O m� <D tim N N 7 O O' w � c m d U U U N N d p O N -y 5 s « _ :n o c CD pp N 'L N u U O 0 U` Y 10 O 4 O C O N C O E N N U Q O` _ V> C O 'O U in ? V U v U U U U io O W O 4 'u. u W O o a F y 0 0 o d N in N J) U N o '° N w a U c w c 0 E >_ In ° 'a o x .c ,c v �? .` m. u a `o U x W 0 N N d Q UL W LL d' 0: O C D M 0 Q Q F I- Q M N m d' n O h co a) 2 7 N M C N C9 n C7 O N M V X31 N N N N N N O N O N c 0 E Q a m Q m a U Q D 7 c� O m O O O c 0 V �a d N L i a N N a = Z U W G W F- m F- n. W 0a 0 �N W Y Zo O LL O U � J ~ m U D m 0 0 N O W O E ,E w .. o ~ O ¢ 0 �p W S � " ~ o U o N � U � N m o s o w Y U 7 w w _ U p U Z W T ~ J Q � N U � O m J N L m } 0] dA O = Q T J L N d U w N 4' d N T m � Q � W H U OZ w ¢ U w ¢ w U JZC70 F-Uw d 0 m d U r a N O 0 C 0 a L a a `v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 ~o0om06066 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0° u Z O o o h m O W N N 00000 O O 0 1 to tri n m d o O mc)oo0� a 0 0 w W W Oo° O N - W O O n 0 t rl h m tD W W m W W N W O iD n m M a N co co o O m N m- � W a to W m Lfl m W N lD lD '+ .v m N u Q m N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 00 0 0 0 0 0 0 0 000�00o00. 00� W W m r+0 W o 000000 O F 0 0 0 ri ri a m W w o o m. m O OJ O O o 0 m O o= -000 Z W W N a a N N 0 U 0 0 m mDc of uS m<r m N N 0 0 0 0 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 0 0° 0 0 0 0 0 0 0 0 0 0 0 0 N O O O O 0 0 0 0 0 0 0 0 m bO Z O O O W 0 0 0 0 0 006 N O O 00 - 0 0 0 0 0 O O C .- D O 0 O 0 O 0 - 0 m V 0 a 0 a W o O N h W V W U C n W m W O m m 0 a 0 O 0 W m W LD 0 N 0- W p V O N •+ M a [7 O a W 0 m m W m m !- tD lD N M c ¢ 0 N U 0 0 0 0 0 0 0 0 0 0 0 0 � 0 O 00 0 0 0 0 0 0 0 0 ¢� O O O N O O O O O O O tD 'D O O 00 M 0 0 0 0 0 0 0 u�- 000 wm — N 44 0006 ,m n noO oO = Z M M N N O O Z O p N N f+ M N M !+ � M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 0000 0000000 0 0 0 0 0 0 0 0 0 0 0 0 00 O O O O O O o 0 0 0 0 Li c � Z 0 0 0 0 0 0 0 0 0 O to 0 00 O 0 0 0 0 0 0 0 0 0 0 Z o O 0 O 0 m W a W N 0 o o tD t� N N W O N- N O to W M W n lfl N_ O n W N m M O a O O o N O �..v_ m t O a O d m d 0 � Lo W N m N W m 0 4t W to ti W W m W M d' '+ m N -:EN � N N ti N N ¢ N � N o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 O o o o O o 0 o O 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 c~ O O O N W O N W W N N W M M tp M O O o 0 0 W O O= 0Z OO° N M'+mm N 000 oN d' OOW O wn�� --� d' m a N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 0 0 ID vz0000000 trio 0trio00 m trio 00000000 0 0 n 0 0 0 N O 0 O W O W O W lD N N N p O O O O W W a W N o W O W O O E NW N C .i NN O W ¢ N 000000000 00000 0 00 00000000 `t- 000000000 00000 to wo 00000000 0000'i000tno iri tcio -gym �o trio X00000000 ." m m M N W O 00 N O O w W 0 N N 00 z z z J J J W U U F } H N D cf v mu U U U c =O 0 C7 3 a� tv m 3U >v U o U W m - �.w.. U U W U °c° m C o i U U o o c Qx c o Q G L^ ¢ d U t1 a .= ... o U 00 - u U ow -0 d s a s ¢ x a U .0 at O> .`- N i a r 0 .� .s. 0 3 a 3 U a d "- N V` N W .V ✓� m m --° E o c c c E c U c E c E> E> U Q Q F U M a 47 lD h co m o lD r W 0 o !+ N m d' N N N N N N N m d U r a N O 0 C 0 a L a a `v