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HomeMy WebLinkAboutC-3963 - Corona del Mar Street Rehabilitation Project - Phase 1RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder Il1IIIIINIIIINIIIII1111IIIIIIIIIIIIIIINIIIIININNIIIIIINIIIIIIIIIIINO FEE 2009000316515 09:47am 06117/09 227 27 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording tees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R. J. Noble Company, Inc., of Orange, California, as Contractor, entered into a Contract on December 9, 2008. Said Contract set forth certain improvements, as follows: Corona del Mar Street Rehabilitation Project — Phase 1 (C-3963 Work on said Contract was completed, and was found to be acceptable on June 9, 2009, 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. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on j-oo /01 at Newport Beach, California. 1 BY `• City Clerk U .� �� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Project Engineer 949 - 644 -3316 or ptauscher@city.newport- beach.ca.us SUBJECT: CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE 1 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3963 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. Discussion: On December 9, 2008, the City Council authorized the award of Corona del Mar Street Rehabilitation Project — Phase 1 to R.J. Noble Company. A majority of the work was within residential streets bounded by Larkspur Avenue and Dahlia Avenue between East Coast Highway and Bayside Drive. Portions of Granville Drive, Bayside Drive and Dove Street were also rehabilitated. The project: • Overlaid and reconstructed the existing pavement sections with asphalt concrete and a Glasgrid reinforcing layer; • Reconstructed existing curbs and gutters, sidewalks, driveway approaches, cross gutters, and curb access ramps; • adjusted junction structures, manhole, valves boxes and covers, and other structures to grade; and • replaced traffic signal detector loops, pavement striping, markings, and markers. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Corona del Mar Street Rehabilitation Project — Phase 1- Completion and Acceptance of Contract No. 3963 June 9, 2009 Page 2 Original bid amount: $1,514,045.00 Actual cost of bid items constructed: $1,547,564.66 Total change orders: $16,044.75 Final contract cost: $1,563,609.41 With regard to the contract bid items, the project entailed more dig -outs, asphalt leveling course, concrete work, and signal detector loops than originally designed at an additional cost of $33,519.66. There were three change orders for this project (see table below). Change orders were approved for the contractor to remove and replace water valve boxes and covers, grind concrete street sections, and provide stabilization to the base material for the reconstruction on Dove Street. CO# Description Cost 1 Remove and Replace Water Valve Boxes $ 3,659.25 2 Grind Concrete Street Sections $ 8,240.50 3 Dove Street— Stabilize Base /Subgrade $ 4,145.00 Change Order Total: $16,044.75 The final overall construction cost including change orders was $49,564.41 or 3.3% over the original bid amount. The following is a summary of the project schedule per the Fiscal Year 2008 -2009 Master Project Schedule. Schedule Summary Estimated Completion date per June 2008 Schedule: May 22, 2009 Project award for construction: December 9, 2008 Estimated completion date at award: May 22, 2009 Actual substantial construction completion date: May 8, 2009 Environmental Review: The project was Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Corona del Mar Street Rehabilitation Project —Phase 1- Completion and Acceptance of Contract No. 3963 June 9, 2009 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the contractor to residents and businesses within the work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Funding Availability: In addition to the primary construction contract, this project involved other project expenses for material testing and incidentals which included printing and repair of a damaged electrical conduit. Total project expenses are summarized as follows: Construction $1,563,609.41 Surveying $73,221.20 Materials Testing $14,655.00 Incidentals $6,572.84 Total Project Cost $1,658,058.45 Funds for the construction project were expended from the following accounts: Account Description Account Number Amount Prop 1B (CDM Street Rehabilitation) 7185- C2002004 $ 1,354,500.00 Gas Tax (Dove Street Rehabilitation) 7181- C2002006 $ 97,000.00 Gas Tax (Bayside Drive Rehabilitation) 7181- C2002002 $ 112,109.41 Prepared by: Peter Tauscher Project Engineer Total: $ 1,563,609.41 Submitted by: m G. Badum Works Director • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 a.m. on the 18th day of November, 2008, at which time such bids shall be opened and read for CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE I Contract No. 3963 $1,385,000 Engineer's Estimate by Director tive`bidd'ers may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project. "A" For further information, call Peter Tauscher, Project Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www,city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPubliclNoft CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 SPECIAL PROVISIONS ....................................................... ......................... ............ SP -1 z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 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 at 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 Contractor's License No. R Classification R. J. Noble Company Bidder �- Auth4iiffed Si naturerfitle Michael J. Carver, President 11/18/08 Date 4 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE Nrurnrr , R111- Dollars ($109 AMT. BID ) to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1, Contract No. 3963 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 fonn(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 nWl 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 loth aYOfNOVEMBER 2008. R.J. NOBLE COMPANY Name of Contractor (Principal) A zed Signature/Title MICHAEL J. C VER PRESIDENT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone Nor jorized t nature ' MICHAEL D. STONG ATTOn -EY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) r] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT saS,n. �..->..ae,say.atan.,?n :> _ai,s— eai 2. aa.::�>,a.,�>,� ,4;as,:�..e�.,a< �. ?.3•..a<; e,.,_c� w. ZS:..•.au�iv.5. y 'a'� a.',vs >t,ia.'� State of California County of ORANGE On !J before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHAEL J. CARVER JENNIFER DE IONGH Commission # 1771186 Notary Public - California g Orange County Mycornm Ef0wOct28,2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person.0 whose namejo is/sra subscribed to the within instrument and acknowledged to me that he /ahl0hey executed the same in his/ho4ifeir authorized capacity,40, and that by his/haR Qir- signature*j on the instrument the personA, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Though the information below is not required by law it may and could prevent fraudulent removal and reattac Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: my hand cificial seal. 274able to pA (s relying on the document of this form to another document. Number of Pages: Signer's Nal ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU11111 RINT OF SIGNER 'a<'ye.- i <veec+itil<•:> ; <v 'ah✓eeie2v<'.v •:r:r'wm wvc'a •:rrc'ei.'er .✓.�•.�a.pu.v no... CC,.a✓.v .` r anIa r r • • , 0 0 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On Ito Q! before me, R. CISNEROS "NOTARY PUBLIC" (Here heart area and title of the officer) personally appeared MICHAEL D. STONG who proved fo me on the basis of satisfactory evidence to be the persorkWwhose name{afis/amsubscribed to the within instrument and acknowledged to me that he/shekhey executed the some in his/1tePltheir authorized capacity(.ie4 and that by hisAwWdwk signatureWon the instrument the persotg((a'j, or the entity upon behalf of which the personjoacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. M 69 WITNESS my hand andofficiel seal y ......!} COMM. #1798918 �I NOTARY PUBLIC - CALIFORNIA w / Y RIVERSIDE COUNTY c l (N� �) My Comm. Explrvs June 7, 2012 SignMUm of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofa aced document combined) Number of Pages _ Document Date (Additional infornation) CAPACITY CLAIWD BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 20WVmsicm CAPAv12.l0.ff780W3 -9865 wwwNoW3Claeaes.com INSTRUCTIONS FOR COMPLETING THIS FORM Arty acknorlea@mem completed a California mast comdat wrbhw emc* as appears above In de rosary session ar a separme urkcowkdgnent form seer be properly complersd and arcked ro dent docu eat M amity a pson Js if a dacumene is m Le retarded oeilde of Caiyhmb. In sack Isaac= my alternative anborpkdsment wrbhW as may be pined am such a ducuseery son Iong as she verbiage does am require she teary to do something d w is flkgal for a nnaay in California (Le cerdfyfng the aedmwed roPady of she signer). Please cheek de document cmafallyfor proper mistrial wati lag and each ids farm frequired. • Stae and Couty inf rrov lion mast be she State ad CoaHy where the doctimeal signers) personally appeared Was the notary public for acknowledgment. • Date of notarization must he the date that the signer(a) personally appeared which most also be the sane date the acknowledgment is completed. • The maay public must prim his ar her name as it appears within his or her commission followed by s eem=and then your tide (notary public). • Print the naae(s) of document signer(s) who personally appear at the ire of mtarimtion • Indicate she come singular or plural farms by creasing off incorrect toms (i.e. helshd ial is lac) or circling the arms forme. Failure to correctly indicate this intbmation may head to rejection of document recording. • The notary seal imprcashm most be dam and photographically reproducible. Impression must not cove text or lines. If seat impression smudges, rc seal if a sufficient ones permits, otherwise complete a diabrent admowledgmest form. • Signave of the notary public must match the signature on file with the office of the city clerk. S Additional information is not required but could help to comae this acknowledgment is rut misused or mauled to a difMat document. 4 lndicae title m type al'aac ed document, member of pages and date. 4� Indicate the capacity dawned by the sister. If the claimed capacity is a eaponme oau:u, indieste the title (i.e. CEO, CFO. Secretary). • Seemey attach this document to the signed document LA POWER OF ATTORNEY TRAVELERS J� Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 219372 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. ®O 2 5 4 3 f 4 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United Suites Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Rosemary Cisneros, and Jeremy Pendergast of the City of Riverside ,State of California , their we and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. business of.,guamnteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peer tApin an�#ons c, lKyeedings allowed by law. .'Sr ���°° ' New• 'ti ' �� �- �"� � h' ,cp rate seals ��''t m IN WITNESS WFIEREOF, the WITNESS iees8have caused this ins[r sto'bIe ne v d d he hereto affixed, this 28th day of July 2008 w.,�a.'i.' Farmington Casualty C y �p q'$ °�. ` � .. SL Paul Guardian Insurance Company Fidelity and Guaranty ts r�agrr3t@E St, Paul Mercury Insurance Company Fidelity and Guaranty Insu nderwriters, Inc. Travelers Casualty and Surely Company Seaboard Surety Company Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 05(�Mo iar% 64 OT4 -INfGe ,N`1NSyyNy 9 rtLtraGl[a 92 " "S E:_. 't1A Y ,�ryOR�q;• �l Y O Wax e 6 * rr tSEAL 'o"3;SBEL caxx. o" 1951 s /// State of Connecticut City of Hartford ss. By: Georg Thompson, tr Ice President On this the 281h day of July 2008 I before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surery Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. aTn In Witness Whereof, 1 hereunto set my hand and official seal. TAgy My Commission expires the 30th day of June, 2011. * tD�� 58440 -5 -07 Printed in U.S.A. Marie C. Teueault Notary Public LA WARNI HIS POWER OF ATTORNEY IS INVALID WITHOUT THE BORDER , This Power of Attorney is granted under and by the ty of the following resolutions adopted by ibe Boazds cmts of Farmington Casualty Company; Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, 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 Attorneys -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 seat with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a band, 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; mid it is FURTHER RESOLVED, 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; and it is FURTHER RESOLVED, 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 Attorneys -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; and it is FURTHER RESOLVED, 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 Attorneys -in -Fact for purposes only of executing and arresting 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 on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Famthtgton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Stuet„tompan enc d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powee tfomeyfeyte�yysa2(IY- 'ompanies, which is in full fore and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 have hereunto set my hand andy�a�`� the said�r�panies this Q y, day of t(LJP in.SrlBf , 20 QC6-. Kod M. JohanAlAssistant Secretary CNawrfF sm e ft! 6y O \�."YQ/i9L ,'N 1Y8yN +n ,yIf NNOk 1ffr4fl 04'a , Y rro}t 1983 O F' On rIXW i � 9 74i 92 SenL�SZJLL BONN. To verify the authenticity of this Power of Attorney, call I -800 -421 -3880 or contact us at www.travelemboad.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Best's Rating Center - Cont y Information for Travelers Casuawnd Surety ... Page 1 of 2 Rating Center 9trUDtlJred Finance Rakngs. Flnancial Strength Is;per Credit BeWrilles Advanced Search Rating Methodology Industry Research Ratings Definitions a Search -- tS Ratite Be �_ Travelers Casualty and Surety Company �evorar,.av: cie.nl Press Releases AMeexI ...' .11.11.. FEmA ninix3e.1 Address: One Tower Square Phone: 860- 277.0111 Related Products 01 Hartford. CT 06183 Fax: 860.277 -7002 _ _ . I Web: www.vavtlers.com Co.nty Risk Best's Ratings Financial Strength Ratings View Definitions Rating Aa (Superior) Affiliation Code: g (Group) Financial Sze Category xV ($2 Billion or greater) Outlook: Stable Action, .farmed Effechve Date June o3, 2005 9trUDtlJred Finance IiQW tO (tat Rated Ctxtlop ctrl Analyst ore, woos —uoro 1 r;. oyo.q ea,�tlewn �m a., w�' r Issuer Credit Ratings View Definitions Long -Term. ari Outook: Stable AWOn: Affirmed Cale. June 03. 2008 " Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases lot this company and As A.M. Best Group. v: AMB Credit Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) . mdudes Beat's Fm; e'\e, rationale along with comprehensive analytical commentary, detailed business overview and key financial data i' Report Revision Daft: 0710312008 (represents the latest significant change). 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Data Status: Conlalns data compied as M 1III VD08 (Quality Cross Checked). Best's Key Rating Guide Presentation Report - includes Bests Financial SWagm Rating, and financial data as pmwded in Bests Key Par Data Status: 2007 Financial Data (Quality Cross Checked). xB Financial and Analytical Products Basis PropenylCesuaity Center - Pmmmm Data & Repons Best's Key Rating Guide - PIC. US & Canada Baal's Statement No - PIC. US Bests Statement Fie Global Bests insurance Rep" - PIC. US it Canada Besl's Stale Lille PIC. U$ BosFS Insurance Expense Exhibit (BE) - PIC. US Best's Schedule F (Reinsuraoce) - Pit;. US Beet's $chedule 0 (Municipal Bomis) - US Best's schircuB Q fc4mmi ri Stocks) : US Beat's Schedule o (Pretercid Sipshs) -VS Beats Corporals Changes and Retirements - PIC, USICN Best's Schedule P (Loss Reserves) - PIC. U$ Bests Schedule D - Hybnd - PIC & VH. US Best's Schedule D (COrparsle Bonds) - US Customer Service I Pr17.dma ampp2R I Mer ibar C.efBgr I COBtdpl info I Careers About A.M East I Site Map I Privacy,POlicy I Secudiy ) Terms of Use 1 Legal & Licensing http: / /www3.ambest.com /ratings /FulIProfile .asp ?BI= O&AMBNum =2001 &AltSrc =... 11/19/2008 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 Nome:ALL AMERICAN ASPHALT 30 FABRIC Address: P.O. BOX 2229 CORONA, CA 91818 -2229 Ile Phone: 951- 736 -7600 State License Number. 267073 Name: CASE LAND SURVEY 3, 38 SURVEYING Address: 614 N. ECKHOFF ORANGE, CA 92868 �' g Phone: 714- 628 -8948 State License Number: LS 5411 . Name: CHRISP CO 40 STRIPING Address: 2280 S. LILAC AVE BLOOMINGTON, CA 92316 i Phone: 909- 746 -0356 / State License Number: 374600 C -23 R.J. Noble Company X Bidder Auth ed rgignaturef Title Michael J. Carver, President E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 andtor 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: 33 -37 ADJ MANHOLES ELITE BOBCAT SERVICE 42 Address: 1320 E. SIXTH STREET STE. 100, CORONA, CA 4 -13 CONCRETE I q Phone: 951- 279 -6869 16 -18 State License Number: 720016 -A 22,23 Name: PHOENIX LANDSCAPE 14,15 LANDSCAPE Address: 521 E. WALNUT AVE FULLERTON, CA 92831 y Phone: 714 -572 -1410 State license Number. 284586 c -27 Name: RUBBERIZED CRACKFILLER 28 CRACK SEAL Address: 800 E. WALNUT AVE FULLERTON, CA 92831 Phone: 714- 843 -5194 State License Number: 484758 C =61 R.J. Noble Company Bidder X _ Ayobflzed Signature/Title 6 Michael J. Carver, President 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 9 CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 °roof Number Total Bid Name: S /Lf f7~6FS0/lE �]'� j[ 39 TRAFFIC LOOPS Address: 67 1647; 146-1r L9/L.%V�l r cT ,MAAAJ Phone: 714— 19 State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: R.J. Noble Company Bidder '' Aut rind Signaturemtle Michael J. Carver, President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll 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 1st Street & Edinger Avenue Project Description Pavement Rehabilitation Approximate Construction Dates: From June 2007 To:November 2007 Agency Name City of Santa Ana Ed Torres 714 - 647 -5432 Contact Person Telephone ( ) Original Contract Amount $ 1 millORal Contract Amount $ 1 million If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. 7 0 No.2 Cajalco Road La Sierra to Lake Mathews Dr. Project Name /Number Project Description Street Rehabilitation June 2007 December 2007 Approximate Construction Dates: From To: Agency Name County of Riverside Contact Person Stan Dery Telephone( ) 951- 955 -6742 4.6 million 4.6 million Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) n/a 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 Orange Avenue Street Improvements Project Description Street Improvements Approximate Construction Dates: From Feb 2007 To:August 2008 Agency Name City of Anaheim Contact Person Richard Aguirre Telephone ( ) 714- 765 -6864 1.1 million 1.1 million Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) n/a 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. 4 Project Name /Number 2006 -2007 Arterial Rehabilitation Project Description Street Rehab Approximate Construction Dates: From Sept 2007 To: August 2008 Agency Name City of Huntington Beach Contact Person Dave Verone Telephone ( ) 714 -536 -5221 3.8 million 3.8 million Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 Diaz Road Rehabilitation Project Description pavement Rehabilitation Approximate Construction Dates: From May 2006 Agency Name City of Temecula To: August 2007 Contact Person Myra De La Torre Telephone( ) 951- 694 -6411 2.6 million 2.6 million Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. 6 Project Name /Number I -15 & Railroad Canyon Road Project Description _StrPPt Tmnrosements Approximate Construction Dates: From March 2006 To: August 2007 Agency Name City of Lake Elsinore Dave Soloman 951 - 674 -3124 Contact Person Telephone ( ) 2.7 million 2.7 million Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions- R.J. Noble Company Bidder [to] Au rized Signature/Titl e Michael J. Carver, President Tbe �o.n�E Steve Kirby 15505 E. Lincoln Ave. Orange, CA 92865 Office: (714) 637 -1550 Cell: (714) 743 -2868 Email: stevekirby @rjnoblecompany.com General Superintendent R.J.Noble Company, Orange, CA, 1986 - Current - Planned, directed, and managed designated projects - Ensured that objectives were accomplished in accordance with outlined priorities - Oversee daily job operations for multiple projects Foreman R.J.Noble Company, Orange, CA, 1976 - 1986 - Delegated responsibilities and designed time schedules - Order material & equipment on a daily basis Operator R.J.Noble Company, Orange, CA, 1973 - 1976 Laborer R.J.Noble Company, Orange, CA, 1972 - 1973 US Army Active Duty 1970 - 1972 - Surveyor RECENT ACCOMPLISHMENTS Recently Completed Projects - Caltrans 12- OH2194 261 FWY - City of Fountain Valley Brookhurst & Talbert - City of Santa Ana Local St. Rehab. Nov -08 Contract Amount: $3,000,000 Oct -08 Contract Amount: $4.1 million Oct -08 Contract Amount: $6.7 million 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Michael J. Carver being first duly suyorn, deposes and says that he or she is President of R.J. Noble Company , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that. party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained In the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Californi f> the foregoing is true and correct. R.J. Noble .Company X Bidder Autho ' d Signature /title is a rver, President Subscribed and sworn to (or affirmed) before me on this 18t)ay of November 2008 by Michael J. Carver , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /? „ I Jennifer De Iongh [SEAL] 10/28/11 My Commission Expires: JENNIFER DE IONGH Commission # 1771186 Notary Public • California = Orange County My0onm.8g7 wOct28.2011 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 DESIGNATION OF SURETIES Biddersname 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 Surety Insurance Services 4850 Arlington Avenue, Riverside, Ca 92504 Contact Mike Stong 951- 343 -0382 Travelers Casualty & Surety Company of America 21688 Gateway Center Drive Diamond Bar, Ca 91765 -8512 909 - 612 -3000 1K CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT n U CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 2007 2006 2005 2004 2003 Total 2008 No. of contracts 38 54 53 42 40 73 300 Total dollar 63 57 51 32 29 40 272 Amount of millio --------------------- - - ---- million Contracts (in Thousands of $ No. of fatalities none -- - - - - -- ------------------------------------ No. of lost Workday Cases none --------------------------------------------- No. of lost workday cases involvingnone --------------------------------------------- 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 Legal Business Name of Bidder R.J. Noble Company Business Address: -L5505 E. Lincoln Ave., Orange, Ca. 92865 Business Tel. No.: 714 _ 6 3 7 -lc; s n State Contractor's License No. and A- 782908 Classification: Title x Michael J. Carver The above information was compiled from th ecords that are available to me at this President 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 Date Title 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. 14 . 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .S,.a� A ta�t:.�i:: �S A� ..�q,= .4.c.t,:�.s.S..�:n,:�.ma cjJ,(.ai,:v�'Cl�e?>,.c i... •n <e �,.�as u>_,:..e,;n:[n I ..... i. nY.a ..i�clY'.at:?ay.avR!G >i State of California County of ORANGE On November 18, 2008 before me, JENNIFER DE IONGH, NOTARY PUBLIC Dare Here lnsert Name antl Title d the Office, personally appeared MICHAEL J. CARVER JENNIFER DE IONGH Commission i 1771186 -m Notory Public • California = Oronge County MyCOnm. ElgkesOc128.201 l Place Notery eeal Above Though the information below is not required by law, it and could prevent fraudulent removal and re Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator ❑ Other: Signer Is Representing: who proved to me on the basis of satisfactory evidence to be the persona) whose nameko is/aca subscribed to the within instrument and acknowledged to me that he/skeAhey executed the same in his/l;er#Wefr authorized capacity(!e5), and that by his/hoWNlei. signatureW on the instrument the personA, or the entity upon behalf of which the person(($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. Viable to pe onj relying on the document of this form to%enalher document. Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHHjdaPAINT OR SIGNER 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT o,:v',a ..n..a >_ a;.:% T;.:' �2:. i'. �s> s� ;,� >;+at.n4vnt.aiCa�Se,at� \f.•C �c�.;= 3t�se.,. a. SNaS.c$e,::<,t3.,��.�.::,:is]'. :�i..a nvs>e „3i43...3..:5u�.u' State of California County of ORANGE On November 18, 2008 before me, JENNIFER DE IONGH, NOTARY PUBLIC Data Here mserl Name and TAW of the Olilcar ' personally appeared CRAIG PORTER Name(s) of Signer(s) JENNIFER DE IONGH commit- # 1771186 e Notary Public "California orange County MVConmOOt28,2011 L Race Nolery Seal Above who proved to me on the basis of satisfactory evidence to be the person jA whose name(,a'J is/am subscribed to the within instrument and acknowledged to me that he /sheAW executed the same in his/her#Heir authorized capacity(iesj, and that by hisf4efAheir signature,A on the instrument the person(o, or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OPTIONAL Though the information below is not required by law, it may prove valeabl and could prevent fraudulent removal and reattachment of this Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual ❑ Corporate Officer — Title(s): — ❑ Partner —O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHI'THBPd SPRINT G'r SIGNER in hand and official seal. sons relying on the document another document. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ROITTHUMBPRINT OF SIGNER 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .: L. �i..:. ci, »5,�,..aa.:vC�6,.aCp�•,:v'sa �a�.v,r>v.v..�nS,v.Sv_',a aka ,•$... +.;u...ri..�ix�3:..v.:.. �ns.:rnu3u!*'S ae.a• nvy >Lava�tCa ,.:ai,..: ��ev.:3 State of California County of ORANGE On November 18, 2008 before me, JENNIFER DE IONGH, NOTARY PUBLIC buts Here maert Name and Title of the oKer personally appeared STEVE MENDOZA JENNIFER DE IONGH - - Commisslon * 1771186 -r Notary PUbllc - Calitornlo orange County !:COM- Bq*M0Ct28,2011 - Ptace Nomry Seal Abaco who proved to me on the basis of satisfactory evidence to be the person(4whose nameA istare subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /AerRheir authorized capacity(od and that by his /lasatheir signatureol on the instrument the personW,, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Though the information below is not required by law, it may and could prevent fraudulent removal and reattac Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer— Title(s): _ • Partner — ❑Limited [J General • Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of this form seal. relying on the document Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 ACKNOWLEDGEMENT OF ADDENDA Biddersname R.J. Noble Company The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: no. 15 President • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CORONA DEL MAR STREET REHABILITATION PROJECT - PHASEI CONTRACT NO 39 2 DATE: _ l` l —� BY: / TO: ALL PLANHOLDERS city Engineer The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Attached is a Revised Bid Proposal, to replace the original Bid Proposal, which includes an additional bid item (Item No. 42) as described below. 9 -3.1 General Add to this section the following new bid item description: Item No. 42 Adjust Orange County Sanitation Sewer Manhole to Grade: Work under this item shall include, adjusting, lowering, raising, and extending during paving operations, all manhole frtame, grade ring, and cover to grade and all other items as required to complete the work in place. Should a new frame and cover be required Contractor shall pick up the new frame and cover at the Orange County Sanitation Facilites as arranged at the preconstruction meeting. OCSD Manhole adjustment shall be per OCSD Standard S- 055." Bidders must sign this Addendum No. 1 and attach it to thellevised Bid Proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Revised Proposal. R.J. Noble Company Bidder's Name (Please Print) 11/18/08 Date A orized Signature & Title Michael J. Carver, President Musers \pbw\shared\contracts\fy 08.09 \08 -09 sidewalk replacement c-4072 \addendum no 1.doc 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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: P.O. Box 620, Orange, Ca 92856 Telephone and Fax Number: 714 -637 -1550 714- 637 -6321 California State Contractor's License No. and Class: A- 782908 (REQUIRED AT TIME OF AWARD) Original Date Issued: Aug 2000 Expiration Date :08/31/10 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: Braden Porter, 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 R.J. Noble Company, 15505 E. Lincoln Avenue, Orange, Ca 714- 637 -1550 Michael J. Carver, President 15505 E. Lincoln Ave., Orange, Ca Craig Porter, Vice President 15505 E. Lincoln Ave., Orange, Ca Corporation organized under the laws of the State of California 16 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: none All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: R.J. Noble Company For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A 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 lab .compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes o Are any claims or actions unresolved or outstanding? Yes No 17 9 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 /C pany) X Authoriz ignature/Title Michael J. Carver, President Title 11/18/08 Date On 11/18/08 before me, Jennifer De longh Notary Public, personally appeared Michael J. Carver who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER DE ONGH Commiaston � 1771 Tab 1 Notary Fn9a c California Grange County (SEAL) WCOMM aOC128,2oT1 Notjryfy P blic in and for said State My Commission Expires: 10/28/11 18 California Business Search • • Page 1 of 1 G ,llilt I1Mtall .Svcrvl:lr� of SUIv I'7EFFt3E:OVIJEN DISCLAIMER: Tne information displayed here is current as of NOV 14, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kep le r. ss. ca. gov /co rpd ata /S howAl I L i st? Q ue ryCo rp N u m ber= C2168590 &pri.. 11/19/2008 Corporation R.J. NOBLE COMPANY Number: C2168590 Date Filed: 6/30/1999 Status: active Jurisdiction: California Address 15505 E LINCOLN ORANGE, CA 92856 Agent for Service of Process MICHAEL CARVER 15505 E LINCOLN ORANGE, CA 92856 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kep le r. ss. ca. gov /co rpd ata /S howAl I L i st? Q ue ryCo rp N u m ber= C2168590 &pri.. 11/19/2008 Encompass Detail Acct. Type: Business Tax License #: BT00002141 Bus. ID: 0000709 Name: NOBLE, R J COMPANY Owner R J NOBLE CO Name: Owner p. Date: 12/31/2007 S Addy: 15505 UbleOLN AVE Addr3: ORANGE CA Zip: 92666 B Addri: P O BOX 620 B Addr2: B Addr3: ORANGE, CA B Zip: 92669 Phone: 714 -637 -1550 FEIN: 7416 SEIN: 0722242 Established: 2/711991 SIC: 8711 - ENGINEERING SVCS Owner #: 0000709 # of Emps: 1 usri: 18124 usr2: BT00002141 usr3: usr4: usr5: usr6: usr7: �a C� *$ta PERMIT... Ilnbox ... �x =,Microsoft... W 22 Mkr... 3 Irfte...- « i0 V2 14:O f{At Departgwnt of Consumer Affairs *I" Cont +Mors State Li oard Contractor's License Detail - License # 782908 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. >' CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. -7> Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 782908 Extract Date: 11/19/2008 R J NOBLE COMPANY Business Information: P O BOX 620 ORANGE, CA 92856 Business Phone Number: (714) 637 -1550 Entity: Corporation Issue Date: 08/14/2000 - Expire Date: 08/31/2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number CLB2701357 in the amount of $12,500 with the bonding company PLATTE RIVER INSURANCE COMPANY. Effective Date: 01/01/2007 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer (RMO) MICHAEL JOSEPH CARVER certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. 1. A bond of qualifying individual is not required. Effective Date: 08/14/2000 This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Workers' Compensation: Policy Number: C2JU64786C03108 Effective Date: 07/01/2008 Expire Date: 07/01/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 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 Ratina 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 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 CONTRACT THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.J. Noble Company, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing traffic stripping, pavement markings, traffic signal detector loops and raise pavement markers; (5) removing existing sidewalk, curb, gutter, cross gutter, driveway approaches and curb access ramps; (6) grinding, installing Glassgrid, overlaying and reconstructing roadway; (7) constructing sidewalks, curb, gutter, cross gutter, driveway approaches, access ramps and local depressions; (8) pruning trees; (9) installing new tree root barriers; (10) adjusting utility and survey facilities; (11) installing new traffic striping, traffic detector loops, pavement marks, curb painting, and raised pavement marking; and (12) other incidental items to be completed in work place required by the Plans and Specifications. 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, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3963, 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. 0 0 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. 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 One Million, Five Hundred Fourteen Thousand, Forty -Five and 00 /100 Dollars ($1,514,045.00). 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. The Contractor and city expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government code 900 et seq.). 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 City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Peter Tauscher (949) 644 -3316 R.J. Noble Company, Inc 15505 E. Lincoln Avenue Orange, CA 92856 714 -637 -1550 714 - 637 -6321 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 21 • • Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 22 i • 5. 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. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance . coverage shall be primary insuranceandtor priirtaty source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. v. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its electedor.appointed officers, agents, officials, employees and .volunteers for losses arising from work performed by Contractor for City. b) 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. 23 i • Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 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. 7. 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. 8. 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. G. 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 active 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. 24 0 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. H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. l 11 I VLC APP ED AS TO FORM: AAR N C. HARP Assistant City Attorney Cl A U IV16YVI R.J. NOBLE COM ANY, INC. By: ��a — 7�6drforate Officer) Title: President Print Name: Michael J. Carver By: '--'('Financial Officer) Title: Chief Financial Officer Print Name: James N. Ducote Please note: Corporations must complete and sign both places above even if each office is held_ by the same individual 25 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 11 -20 -08 personally appeared 10 before me, JENNIFER DE IONGH, NOTARY PUBLIC Here 1..an Nam. aid Idle o i b.r MICHAEL J. CARVER JENNIFER DE IONGH Commission # 1771186 Notary Public - California Orange County MyComm. BtpkesOct28, 2011 who proved to me on the basis of satisfactory evidence to be the personjo whose namejo is/ara subscribed to the within instrument and acknowledged to me that he/sHe;khey executed the same in hislheOheir authorized capacity(ies), and that by hislhoW 4* signaturekK on the instrument the personA, or the entity upon behalf of which the person(y) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Nmary Seal r100V2 _ -0 -- OPTIONAL Though the information below is not required by law, it may prove valuable to I and could prevent fraudulent removal and reattachment of this form Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OPSIGNER .0 seal. relying on the document rer document. Number of Pages: Signer's Name: O Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R:GHT'rHUMSPRINT OF SIGNER oft 6 0 0 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1 CONTRACT NO. 3963 BOND NO. 105139691 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. Noble Company, Inc., hereinafter designated as the "Principal," a contract for construction of CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1, Contract No. 3963 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. 3963 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 One Million, Five Hundred Fourteen Thousand, Forty-Five and 001100 ($1,514,045.00) 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 attomey'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. fm 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 or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21st day of NOVEMBER 2008. R.J. Noble Company, Inc. (Principal) TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety OF AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone x�f A011TAzed Signaturerritle �7ichael J. Carver, President uthOli -*T t E& ature MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 11 -24 -08 before me, JENNIFER DE IONGE, NOTARY PUBLIC D n.: Here Insert Name and Tale of fie Office, personally appL, cId MICHAEL J. CARVER Nam(s) of Signer s) JENNIFER DE IONGH Commfsslon 8 1771186 -n Notary Pubflc - California Orange County MC CarrYn. X11128, 2011 who proved to me on the basis of satisfactory evidence to be the personjA whose nameks) is/aw. subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/h@AMir authorized capacityfaeS), and that by his/hoFA#ei- signatursol on the instrument the persoriA. or the entity upon behalf of which the person(/$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITH r h n off'ei eat. Signatur Place Notary Seel AOOVe Signature of Notary PuhAc OPTIONAL Though the information below is not required by law, it may prove valuab�pbm relyi ng on the document and rould prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) OtherThnn Named Above: Capacity(ies) Cl:,imed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited O General ❑ Attorney in Fac7 D Trustee ❑ Guardian or C:- nservatar ❑ Other,__ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT', OF SIGNER IN CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On �� ri� U� before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title orthe officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persorklKwhose name(Ja f is /are subscribed to the within instrument and acknowledged to me that he /skekhey executed the same in his/herftheir authorized capecit)t(ies}, and that by his/herltheir signatute(<on the instrument the person,W,, or the entity upon behalf of which the personfg'jacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and comet. WITNESS my hand and official seal. SignatmeofNawry Public =-CALIFORNIA I 6916 NLIFORNIA UNTY ne 7.2012 (Newry Stoq ADDITION AL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of otmched doctmten) (Title or description of attached document continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tnle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Verson CAPA v12.10.07 800- 873 -9565 vvzrsv.NOmryClasses.eom INSTRUCTIONS FOR COMPLETING THIS FORM Any ack— kdgmem complered in CaVorme must console wrbiage emcBy a appears above in the notary ncdon or a separate acknowledgment form moot he properly completed amt matched m that docuummL The a* exception k rf a document is to be recorded ourside of CabJbrraa In such iassmtces. arty alternative acbadviedgnwt verbiage an may be printed on such a docam u so long as the verbiage does rte require doe notary so do sameAft row is illegal for a nosmy or Caltbruta (se. cerdfybtg rte andmrted cgpaciry of doe signer). Pkase ebsnt doe document conllAyftr proper notmral warding and attach ddsfarm (fregdred • State and County information most be the State and County where the document signals) posonally appeared bafore the notary public for aclotowledgm¢d. • Dote or notarization must be the date that the signer(a) personally appointed which mug else be the same date the acknowledgment is completed. • The ready public mug print his or her acme us it appears within his or her commission followed by a comma and than year tide (notary public} • Prim the names) of dommnem signer(s) who personally appear at the time of wwrizalim • Indicate the coact singular or plu d Items by crossing off vrcoorent fours (i.e. helshelNa ,, is rate) or cim ing the cement farms. Failure to correctly indicate this information may lead to rejection of document seconding. • The notary seat impression most be clear and pbotagraphically reproducible. Impression natal sot cover text or lines. If seal impression smudges, m -sea if a sutlfciera area pertains, otherwise complete a different acknowledgment farm. • Sigrmtare of she away public mug match the signature an file with the office of the county clerk. Additiamt onformalion is not required but could help to enswe this aeknowledgmem is not minded or attached to a different document O Indicate tide or type of student doct m ud, number of pages and date. 0 Indicate we capacity clamed by the signer. If the claimed capacity is a corporate offerer, Indicate the title (Le. CEO, CFO, Secretary). • Seeu ly aauchthisdocume nt to the signed document POWER OF ATTORNEY IS INVALID AM � POWER OF ATTORNEY TRAVELERVFarmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Company Attorney -In Fact No. 219372 /jGuaranty Certificate No. ®O 2 5 4 3 7 / 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Rosemary Cisneros, and Jeremy Pendergast of the City of Riverside , State of California , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.guarameeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or K -41& 'in ons TIceedings allowed by law. y hhy� 28th 4, IN WIi'N ?I WHEREOF, the Compaai*ave caused this matr to he aidne"d`ahnd JhbfloCmpom[e seals to be hereto affixed, this u y LuUUUkkS3 y LA Farmington Casualty Catt}Y 'q, 'p,,�`t St. Paul Guardian Insurance Company Fidelity and Guaranty, rr�t11����� St. Paul Mercury Insurance Company Fidelity and Guaranty Ins u Vattern, rs, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company r ^�'jl54 • _:�.epS � q � o ' v a1s rB. .,.n- Es . V.L 9 . P +%f tea ° { (o t ej-YA'%_� o 4y %,® - a G 19 1927 SEAL i aS OF W State of Connecticut City of Hartford ss. By: /G.-gqg Thompson, tr [ v President 28th July 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TlT In Witness Whereof, I hereunto set my hand and official sea]. T*Afl My Commission expires the 30th day of June, 2011. ; `1� 58440 -5 -07 Printed in U.S.A. `cnanih e . tj � Marie C. Teneaulq Notary Public This Power of Attorney is granted under and by theliority of the following resolutions adopted by the BoardsMM5irectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Vompany; St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surery Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, 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 Attorneys-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, mcognizances, 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: and it is FURTHER RESOLVED, 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 par 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; and it is FURTHER RESOLVED, 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; and it is FURTHER RESOLVED, 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 many 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 on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Smety Company, Travelers Casualty and Suret�y,�. un,pany' ''"enca, d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powef tidtne a tefiutFd by, sa` ompanies, which is in full force and effect and has not been revoked. 's° f,A s'.s. "• u. /'- O� IN TESTIMONY WHEREOF, 1 have hereunto se[ my hand an ;r"� these s otiaid ' 6panies this day of /V +RA�'� .20 ��'��'�� N . ' Kori M. Joh Assistant Secretary easv,V ` SIPFIY to s vnM iFSp r tvP n Wa ,fwu Yµb e 1961 0 �8]] 1927 m F� p(�M/d \� /) ) vSBAL :O}3 � .p �'':• . spa � 'fq.�� c< a b:• ryla�' i�.._.f Y ",+ 'Q 7JItS'- To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.tmveletsbond.cum. Please refer to the Attorney-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 0 0 BOND NUMBER 105139691 EXECITED IN FOUR COUNTERPART bITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STREET REHABILITATION PROJECT PHASE i CON CT Nit. 3963 BOND NO. 105139691 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 8,116.00 being at the rate of $ 6.70/4.70 _ thousand of the Contract price. - WHEREAS, the City Council of the Gily of Newport Beach, State of CaNfomis, by motion adopted, awarded to R.J. Noble Company, Inc, hereinafter designated as the ^Princ'ipar, a contract for construction of CORONA DEL MAR STREET REHABILITATION PROJECT . PHASE 1, Contract No. 3963 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. 3M 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 COMPANY OF AMERICA duty authorized to transact business under the taws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One Million, Five Hundred Fourteen Thousand, Forty -Five and 001100 ($1,514,045.00) lawful money of the United States of America, said sum being equal to Io0% 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. heirs, executors, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's and perform 'any or alltrtherework,ec covenants, conditions, and and Documents and any alteration thereof made as therein provided on Its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or'fatis to Indemnity, 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. 28 0 0 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 21st day of NOVEMBER 2008. _ R.J. Noble Company, Inc. (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF Name of Surety AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR, CA 91765 Address of Surety (909) 612 -3000 Telephone X Siggnaturefl itle Carver, President MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F :lUserslPBVdlShareMContracts%FY 08 -0%CDM Street Rehabilitation C- 3963WNTRACT C- 3963.doc 29 10 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT avc� ✓�-- .t_u�a<,.r.�..,+aF.. + >.� State of California County of ORANGE On 11 -24 -08 personally appeared before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Nsart Nerve affil TPoe of the Officer MICHAEL J. CARVER JENNIFER DE IONGH �►-I[( Commission 8 1771186 Notary Public - California Orange County MyCorrm. lea Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the persona) whose nameW is/zua subscribed to the within instrument and acknowledged to me that he /she4hey executed the same in his/fw4keir authorized capacity(6es), and that by histher#4ieiR signatureW on the instrument the personA, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off ial seal. PlaceN SeeiAbove Signs n store m Notary wale OPTIONAL Though the information below is not required by law, it may prove to pkls relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTIII/MBPRINT OFSIGNER in Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): — • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER -.rtt�2�'��,:�✓. v<r-� «sue✓, 'u - ��%,✓dttK 'e!<��,G>'CxcLK Sr4�<:x«u2L✓. nxe::rcK<::rn.. ':1G ✓:• ✓C� CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On . II ��� before me, R. NAPPI "NOTARY PUBLIC" (Here in an name and tide of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,(a'f whose name(saf is /a+rsubscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hislimffAheir authorized capacity(ic:4 and that by his/her4hoir signatureWon the instrument the personX,, or the entity upon behalf of which the personWacted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. R.. #179 Y N COMM. #1796916 is NOTARY PUBLIC- CALIFORNIA CO RIVERSIDE COUNTY �L.AZYf (N) My Conan. Expaes June 7.2012 Signature of Notary Publ' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofanached document continued) Ntunber of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 20D8 Vmsim CAPA vl2.10.07 800 -873 -9865 wwar.NotaryClasm.com INSTRUCTIONS FOR COMPLETING Tests FORM Any acibunmIdgerM comphted in CaNfarnio mot contain verMase exactly as appears abate in the notary action a a separate acinowledgmem form amour he properly cmapiwed and matched to that document The unit exception Is if a document is at be recorded amsW of Californta In such Instances, any ahemattve acknmrledgntent verbiage as may hr primrd on suck a document m hag as the rrrbtage does am require the mtrary in do sameAml; that is INegal far a nag" lee Caafmuz (i.e. certifying the mahorked capacity of the soter). Pteasr check da documents camfaflyfalaoperrmarial a coding and match thisfarm ifrarlmred. • State and County ind'omreHon must be We Smte and County where the document sigtter(s) personally appeared before the marry public fir acknowledgment. • Dote of ndnrkmion must be the dote that the ailments) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must prim his or her name as it appears within his or her commission followed by a camorm and then your title (notary public} • Prim the nationals) of documenl signer(s) who personally appear at the time of rmmrimum • indicate the correct singular or plural fame by crossing off incorrect forms (i.e. halahelNu9.- is Ism) or circling the correct forms. Failum to correctly indicate this info mmt(on may lead to rejection of document recording. • The notary seal impassion arm be Clem and photographically reproducible. Impression most not cover text or lines. If seal impression smudges, m -seal it a sufficient area permits, otherwise complete a different acknowledgment fear. • signature or the notary public must match The signature on file with the office of Ike county clerk. • Additional informmim is not required but could help to name this acknowledgment is not misused or aambe i to a different document. • Indicate title a type of aueehed document, number of pages and date. d• Indicate the capacity claimed by the signer. If the clammed capacity is a corporate officer, indicate the title (Le. CFA, CFO, Seerarsry). • Securely mach this document to the signed document AID 1111111" POWER OF ATTORNEY MW TRAVELERSJ Farmington Casualty Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219372 Certificate No. 002077909 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesom, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Rosemary Cisneros, and Jeremy Pendergast of the City of Riverside , State of Cali %rllia , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instruntern to be signed and their corporate seals to be hereto affixed, this day of November 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company SL Paul Fire and Marine Insurance Company 29th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company e,.SU,Pr ` SAaTY P 6 !N IeSG Pi ,±S49 fY •Np� YA,� O jRORV9RN�:�} r I_ [� 7877 — i t+ tt Corr tram ora gg" dSE 0.Lf S o`SIiRL,D corm F `N9j AM %S: �iea� State of Connecticut City of Hartford ss. By: /Ce.19110 Thompson. ni�ice President On this the 29th day of November 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwrhers, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Pan) Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET In Witness Whereof, I hereunto ref my hand and official seal. My Commission expires the 30th day of June, 2011. ; p��� i s 58440 -5 -07 Printed in U.S.A. Marie C. Telreauh, Notary Public WARNI HIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER This Power of Attorney is granted under and by the ority of the following resolutions adopted by the Boanlsectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, 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; and it is FURTHER RESOLVED, 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; and it is FURTHER RESOLVED, 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; and it is FURTHER RESOLVED, 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casually Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surpyx Company q"merica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Poweuof Attomey.,mebut`ed by said'Compames, which is in full force and effect and has not been revoked. AI Ar. IN TESTIMONY VITIEREOF, I have hereunto set my hand andad6cr3d thg seals of said Ceti4ames this day of Kmi M. Johann Assistant Secretary star 1r 9i ' n9Jo1 m X2% o"iPOf.'i.°SA,'a,'.E'. .�_AJ+aaalL ,>G Fy s ^ adatiJ:,'p` S'I p 8IMo1BoLlLLy � . o % i `„f ! � \tO A+ % a , t 8r9'tt6a 8 °l3 AN- Yl .. -.. •a Af Aati� To verify the authenticity of this Power of Anomey, call 1- 800421 -3880 or contact us at www.tmvelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT REVISED PROPOSAL CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE I CONTRACT NO. 3963 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. 3963 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization �ary�Ty,�iu� @ lT6lamAAJ>Dollars and NO Cents $ 000 • DCa Per Lump Sum 2. Lump Sum Traffic Control @S�l�nSavJi� Dollars and 01 Y10 Cents $ �6i 000. Per Lump Sum 3. Lump Sum Surveying Services Tv,*Afy FIVC i"hoy @ F ✓e f{�n+o�r Dollars and N d Cents $ 26.,'5-00. Per Lump Sum 0 • PR2of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,050 LF Remove and Construct P.C.C. Type "A" Curb and Gutter @ �brfy SQVIn Dollars and Cents ��--�� ts $ -��'/'/�� $ to Per Linear Foot 5. 25 LF Remove and Construct Type "B" P.C.C. Curb @ 1"W r�b'��4t, Dollars and pO 'na Cents $ 3 $.�% $ Per Linear Foot 6. 18 EA Remove and Construct Curb Access Ramp, Case H @ Dollars `t1a Cents $ 3,000.03 $ 511,000 Per Each 7. 8 EA Remove and Construct Curb Access Ramp, Case I @ ► ri eg_ %O5OwA Dollars and 110 Cents $ M.V $ 2tl,000. oa Per Each 8. 3 EA Remove and Construct Curb Access Ramp, Case J o.. @'P K7�xM% WDollars and q M ° Cents $ 3" too, m0 $ , 30o. .. Q0 ' Per Each • • PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 4 EA Remove and Construct Curb Access Ramp, Case K @ PwTWX4 *- Dollars and na Cents $ 9,540.°9 $ Per Each 10. 5 EA Remove and Construct Curb Access Ramp, Case L eoi 1- @Two J w„3n.ADollars and t� V10 Cents $ Z, go9. 42 $ l �f ow O0 Per Each 11. 3 EA Remove and Construct Curb Access Ramp, Modified Case I 4 t @Too 1"0114r*f Dollars and k%o Cents $ 2 �QQ•� $ g �fdQ� 00 Per Each 12. 1 EA Remove and Construct Curb Access Ramp, Modified Case K ITG ,4�,«�,., @LPK 7&kbRd/ Dollars and V10 Cents $ .pO $ 3, 300. 20- Per Each 13. 30 EA Install Raised Truncated Domes at Existing Curb Access Ramp smn !{.ncGtd Sea " @ F- &X Dollars and 40 Cents $ % .Q0 $ Per Each 14. 20 EA Prune Tree Root a!,f* r^r k Yve Dollars V1 17 and S 0 Cents $ �o $ 5, �� Per Each • PR4of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 15. 20 EA Install Tree Root Barrier / Ey ti @T_40 O Aliv,y Dollars and h� Cents $ 285.ey $ 7t78. °a Per Each 16. 2,200 SF Remove and Construct 44nch Thick P.C.C. Sidewalk @ Ten Dollars and �0 Cents $ �0. $ 770, o0 Per Square Foot 17. 380 SF Remove and Construct P.C.C. Driveway Approach @ SCofnfe-*+^ Dollars an $ 11'sz) $ �i, G�SD, 00 a Per Square Foot 18. 3,600 SF Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter @ Twz"' Dollars and Tolenf, cents $ Z4. to $ 7l, 720.0" Per Square F t 19. 100,000 SF Variable Depth Edge Cold Mill @ Dollars and 71*Q Cents $ ,' % $ gj .,QOD. 00 Per Squard Foot 20. 90,000 SF 2" Cold Mill Asphalt Pavement @ Dollars and 72e_ ri//NG Cents $ .4� $ ,1d0. Per Squarh Foot 0 0 PR5of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9 22. 23. 24. 25. 26. 23,000 SF 3" Cold Mill Asphalt Pavement @ 2i O Dollars and Cents $ .3 57 0 00 Per Squate Foot 5 EA Grind Curb Access Ramp Lip @ Rvt tt�'�)Dollars and VIVO Cents $ 580•Gb $ Z, g00. -P Per Each 1 EA Construct Local Depression i�o,w HVA" @��►� Dollars and �o Cents $ 1.`+s�?._- �(SD• Per Each 8,000 SF Construct AC 10" Full Depth (Dig outs) @ 4e Dollars and hD Cents Per Square Foot 40 CY Along Bayside Drive 5awcut and Remove Existing Pavement and Construct Full Depth AC Backfill $ $ 72,x, vv Dollars and pp he Cents $ 357o" $ Per Cubic Yard 4,000 TN Place 6 -Inch Thick Crushed Miscellaneous Base @ Dollars and Cents $ �- $ I±q ow. Per Ton 0 • PR6of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 1,500 TN 2 -1/2 -Inch Thick Asphalt Pavement Base Course @ ��/ H p L Dollars and NO Cents $ s'% 60 $ Scb, Per Ton 28. Lump Sum Crack Seal T I �`F�ve I�{UA "Dollars and hd Cents $ S00. Per Lump Sum 29. 250 TN Variable Thickness AC Leveling Course F +VL° Dollars and O V1 Cents $ qS oo $ X3,75 ,QQ Per Ton 30. 255,000 SF Install Pavement Reinforcing Fabric (Glassgridl @ VVt C Dollars and FlIye Cents $ �. nS $ Per Square Foot 31. 3,200 TN 2" Thick Finish Course Asphalt Pavement Overlay @ 4be� Dollars and ®® ,�°``�nl�� N� Cents $ 51, CID $ rw Per Ton 32. 900 TN 1 -1/2 -inch Thick Finish Course Asphalt Pavement Overlay @ 0` i Dollars and Q p �p V10 Cents $ $ Rgoo, — Per Ton 0 • PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 14 EA Adjust Manhole Frame and Cover to Grade @ F4w I mdrBd Dollars and pa ri 0 Cents $ ' q0o $ i&00 0ep Per Each 34. 2 EA. Adjust Existing Junction Structure Deck, Manhole Frame and Cover to Grade @ �Irr,, ,, IRtF.�ar� y n iVe Dollars and 00 Cents $ 5,15J, $ it t 504 00 Per Each 35. 40 EA. Adjust Water Valve Box and Cover to Grade f -L."P i @+VLN GrVe Dollars and 1117 Cents $ � .� $ c 23106id Per Each 36. 20 EA Adjust Water Meter Box and Cover to Grade @ Dollars and QQyy�� KU Cents $ UV. $ Per Each 37. 2 EA Adjust Water Vault to Grade 6W0 WAfap�S(i( =tJ Dollars and too q0�� � Si C29 Cents $2 $ Per Each 38. Lump Sum Restore Survey Monuments and Centerline Ties y� b?-4 @16(we i H th4ftabollars and oD M Cents $ r, q60. Per Lump Sum 0 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 39. 10 EA Remove and Replace Traffic Signal Detector Loop @ T4rty Wrel 14^ y Dollars and ✓0 Cents ��1 $ RO— $ 3, zoo. Per Each 40. Lump Sum Pavement Striping, Markings and Markers @F/6ZfR! 7_1160r0VP Dollars (/0 Ha1Ula6A!!r0 and ND Cents � 0+0 $ �{y� � Per Lump Sum 41. Lump Sum Provide As -Built Plans @ Ten Thousand Dollars and Zero Cents $10.00 0 $ 10.000 Per Lump Sum 42. 11 EA Adjust Orange County Sanitation District Manhole Frame and Cover to Grade 11 Sev���y @ S A } yv%kd ErVP Dollars and ND Cents $ 675-.09 $ 7L `47.55 B0 Per Each TOTAL PRICE IN WRITTEN WORDS jj ©N�l�zz<<ofJiUG= /fi�itrblzclJ ,Goal TNar���, �olrsl and /49 Cents 11/18/08 Date 714 - 637 -1550 637 -6321 Bidders Telephone and Fax Numbers A- 782908 Bidder's License No(s). and Classification(s) $ 1� -IV, y els D O Total Price (Figures) R.J. Noble Company Bidder X Bid r uthorized Signature and Title 1550 E. Lincoln Avenue Bidder's Address jenniferdeiongh @rjnoblecompany.com Bidder's email address: f,.Wsers%pbv shared�contracts%fy 07 -08tbayside ddv cdmdove street o3963iproposal c3963.doc r • 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR STREET REHABILITATION — PHASE 1 CONTRACT NO. 3963 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 -1 LOCATION 5 -2 PROTECTION 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 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 0 0 6-7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7.7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 7 7 -8.5 Temporary Light, Power and Water 7 7 -8.5.1 Steel Plates 7 7 -8.6 Water Pollution Control 7 7 -8.6.1 Best Management Practices and Monitoring Program 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 10 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 • SECTION 214 PAVEMENT MARKERS 17 214 -4 NONREFLECTIVE PAVEMENT MARKERS 17 214 -5 REFLECTIVE PAVEMENT MARKERS 18 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 18 300 -1 CLEARING AND GRUBBING 18 300 -1.3 Removal and Disposal of Materials 18 300 -1.3.1 General 18 300 -1.3.2 Requirements 18 300 -1.5 Solid Waste Diversion 18 SECTION 302 ROADWAY SURFACING 19 302 -5 ASPHALT CONCRETE PAVEMENT 19 302 -5.1 General 19 302 -5.4 Tack Coat 19 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 19 303.5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 19 303 -5.1 Requirements 19 303 -5.1.1 General 19 303 -5.5 Finishing 19 303 -5.5.1 General 19 303 -5.5.2 Curb 20 303 -5.5.4 Gutter 20 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 20 307 -4 TRAFFIC SIGNAL CONSTRUCTION 20 307 -4.9.3 Inductive Loops 20 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 20 308 -1 GENERAL 20 SECTION 310 PAINTING 21 310 -5 PAINTING VARIOUS SURFACES 21 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 21 310 -5.6.7 Layout, Alignment and Spotting 21 310 -5.6.8 Application of Paint 22 SECTION 312 312 -1 SECTION 400 SECTION 400 -2 400 -2.1 400 -2.1.1 0 0 PAVEMENT MARKER PLACEMENT AND REMOVAL 22 PLACEMENT 22 PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 23 UNTREATED BASE MATERIALS General Requirements f.\users \pbw \shared \contracts \fy 08- 09 \cdm street rehabilitation c- 3963 \specs index e-3963.doc 23 23 23 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORONA DEL MAR STREET REHABILITION PROJECT — PHA,-jr- i SP 1 OF 23 CONTRACT NO. 3963 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5928 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing pavement; (4) removing existing traffic stripping, pavement markings, traffic signal detector loops and raise pavement markers; (5) removing existing sidewalk, curb, gutter, cross gutter, driveway approaches and curb access ramps; (6) grinding, installing Glassgrid, overlaying and reconstructing roadway; (7) constructing sidewalks, curb, gutter, cross gutter, driveway approaches, access ramps and local depressions; (8) pruning trees; (9) installing new tree root barriers; (10) adjusting utility and survey facilities; (11) installing new traffic striping; traffic detector loops, pavement marks, curb painting, and raised pavement marking; and (12) other incidental items to be completed in work place required by the Plans and Specifications. " 0 2 -9 SURVEYING • SP2OF23 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 design surveyor for this project is Coast Surveying and can be contacted at (714) 918 -6266. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 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, other than those designated for replacement on the plans, during construction operations. In the event that existing survey monuments, other than those designated for replacement on the plans, are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required 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. 0 • SP3OF23 (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. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "The Contractor shall remove all USA utility markings within five (5) days of the work or phase of work completion." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall contact and coordinate with Southern California Edison, The Gas Company, AT &T, cable television, and other utility facilities to have their respective existing utilities adjusted to finish grade. Contract extension will not be granted due to delay in said facility adjustment. • • SP 4 OF 23 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), 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 Operations Manager, at(949)718 -3402. 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 the schedules of work and traffic control plan have been approved by the Engineer. Super Trucks shall not be used for the project. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. The construction schedule shall clearly show specific days. 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 Contractor has exerted extra effort to meet the original schedule and has demonstrated the ability to maintain the approved schedule in the future. : Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 90 consecutive working days after the date on the Notice to Proceed. All concrete work shall be completed and accepted within the first 30 consecutive working days after the date on the Notice to Proceed. No further work shall be permitted until all concrete work is completed and accepted. Time extension for 100 percent completion of work will not be granted due to delay on concrete work completion and acceptance. The Contractor shall 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 (New Year's Day), the third Monday in January (Martin Luther King Day), the third `h Monday in February (President's Day), the last Monday in May (Memorial Day), July 4, • • SP5OF23 the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31 st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 4tH, November 11th, December 24th, December 25 or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are generally limited to 7:30 a.m. to 4:30 p.m. The work hours for Granville Drive are limited to 9:OOa.m. to 3:OOp.m. The work hours for Dove Street are limited to 8:30a.m. to 4:OOp.m. The work hours for Bayside Drive are limited to 8:OOa.m. to 4:OOp.m. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for work until to 6:30 p.m. on weekdays for Corona Del Mar Streets or 8:00 a.m. to 6 p.m. on Saturdays for all streets. 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 $123.00 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 $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City and Contractor that $1,000.00 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, and continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. • • SP6OF23 B. Construction shall not take place on two adjacent streets at any one time. Construction shall not occur on more than two Corona Del Mar streets at any one time at the start of the project. Contractor shall obtain separate permission to start work on each street from the Engineer. If the work is progressing satisfactorily, the Engineer may allow the Contractor to work on additional work sites in Corona Del Mar simultaneously. In addition, the Contractor may conduct work on Bayside Drive, Dove Street, and Granville Drive independent of the Corona Del Mar streets. C. Construction on the Corona Del Mar Streets shall take place in the following order 1. Dahlia Avenue 2. Goldenrod Avenue 3. Heliotrope Avenue 4. Fernleaf Avenue 5. Iris Avenue 6. Larkspur Avenue 7. Jasmine Avenue 8. First Avenue 9. Second Avenue 10. Third Avenue 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 times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department. The Contractor shall provide and install new water meter and valve boxes. 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 Operation Manager, at (949) 718 - 3402." The City intends to start work on Phase II in January 2009. The Contractor for Phase I shall cooperate with the Phase II Contractor in sharing of roadways and other items that will ensure productive work for both projects. • • SP 7 OF 23 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a 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." Water used during construction shall be paid for by the Contractor. 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport - beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow the approved BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. • • SP8OF23 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 accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by the construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures and the following requirements shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). 1. Northbound Bayside Drive (toward Jamboree Road) shall not be closed to traffic before 9:00a.m. 2. Southbound Bayside Drive (away from Jamboree Road) shall not be closed after 3:30p.m. 3. Contractor shall arrange with adjacent businesses for their daily deliveries, especially during paving operations. 4. At least one traffic lane shall be maintained on Bayside Drive at all times. Flagpersons shall be positioned to direct traffic when only one traffic lane is available for use." 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 City property or the public right -of -way if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -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 shall 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. Traffic control plans shall be prepared by a • • SP9OF23 licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 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. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. 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. • • SP 10 OF 23 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses and residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the Notice to the Contractor for distribution. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the businesses and 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. Any 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. Dove Street is heavily used by a number of rental car companies to shuttle their vehicles between their maintenance yards and John Wayne Airport. The Contractor shall notice these rental car companies along Birch Street and Campus Drive. Contractor shall install a changeable message sign for each travel direction on Dove Street at least one (1) week ahead of the start of work along that segment to use alternate routes during construction. 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's 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 reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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. • • SP 11 OF 23 SECTION 9 - -- MEASUREMENT AND 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, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The results from a Corona Del Mar streets pavement report suggested some areas below the existing thin AC pavement contain wet subgrade. Contractor shall use extreme care not to cause the cold - milled pavement to crack (such as using Super Trucks) and then necessitate their removal. If unscheduled removals expose wet subgrade, the cost of soil drying operations and the associated repairs to bridge the pavement shall be borne by the Contractor. No time extensions or payments shall be made for work delay or extra work caused by the Contractor. Damage done to the existing pavement by the use of Super Trucks shall be repaired through full depth subgrade excavation and the placement of 12 -inch thick full -depth asphalt concrete sections at the Contractor's cost. 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 a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying businesses and residents. In addition, this item includes traffic control and detour plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow signs, temporary striping, changeable message boards, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include providing any and all surveying required to complete the work in place, including restoration of survey monuments and filing the corner records /record of survey with the County of Orange. 0 • SP 12 OF 23 Item No. 4 Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb and gutter, constructing curb openings of existing curb drains, AC patchback, re- chiseling of curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 5 Remove and Construct Type "B" P.C.C. Curb: Work under this item shall include sawcutting, removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities, repainting curb where applicable, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 6 Remove and Construct Curb Access Ramp, Case H: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 7 Remove and Construct Curb Access Ramp, Case I: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 8 Remove and Construct Curb Access Ramp, Case J: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 9 Remove and Construct Curb Access Ramp, Case K: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting • • SP 13 OF 23 ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 10 Remove and Construct Curb Access Ramp, Case L: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 11 Remove and Construct Curb Access Ramp Modified, Case I: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 12 Remove and Construct Curb Access Ramp, Modified Case K: Work under this item shall include sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting ramps complete with raised truncated domes, AC patchback, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 13 Install Raised Truncated Domes at Existing Access Ramp: Work under this item shall include sawcutting, removal and disposal of conflicting portions of concrete access ramp, and construct concrete base, installing raised truncated domes per Standard Plan No STD - 181 -L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be `Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin. Item No. 14 Prune Tree Root: Work under this item shall include root pruning and disposal per Section 308 -1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. • SP 14 OF 23 Item No. 15 Install Tree Root Barrier: Work under this item shall include providing and installing root barriers per Section 308 -1, removal and disposal of excess soil, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 16 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include sawcutting, removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, making repairs for damage done to private property including, but not limited to, sod, decorative pavement, planters, ornaments, irrigation system and plants of the same type, color and size, and all other work items as required to complete the work in place. Item No. 17 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include sawcutting, removing and disposing of existing driveway approach and associated depressed curb and gutter, sidewalk pavement and constructing P.C.C. driveway approach, depressed curb and gutter, AC patchback, and all other work items as required to complete the work in place per the detail provided on the plans. tem No. 18 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing damaged portion of existing cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, installing dowels, constructing 8 -inch thick P.C.C. cross gutter per CNB STD - 185 -L, AC patchback, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 19 Variable Depth Edge Cold Mill: Work under this item shall include cold milling and disposing the asphalt roadway to a variable depth below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. Item No. 20 2" Cold Mill Asphalt Pavement: Work under this item shall include cold milling and disposing the asphalt roadway to a depth 3" below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. Item No. 21 3" Cold Mill Asphalt Pavement: Work under this item shall include cold milling and disposing the asphalt roadway to a depth of 3" below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. 0 • SP 15 OF 23 Item No. 22 Grind Curb Access Ramp Lip: Work under this item shall include grinding and disposing concrete curb access ramp lip from the back of the depressed curb to flush against adjacent gutter or roadway, as shown on the contract plans and all other work items as required to complete the work in place. Item No. 23 Construct Local Depression: Work under this item shall include construction of local depression per CNB STD - 304 -L, all joints as shown in standard plans and construction details, subgrade compaction, finishing, placing crushed aggregate base, base compaction, constructing, adjusting to curb & gutter flow line, and all other incidentals, labor, materials, equipment, and work items as required to complete the work in place. Item No. 24 Remove and Construct 10 "AC Full Depth (Dig outs): This item shall include sawcutting, removing and disposing existing pavement, grading, subgrade and AC compacting, constructing 6 -inch thick crushed miscellaneous base, constructing 4 -inch AC Base Course, tack coating, and all other work items as required completing the work in place. Location of dig -outs shall be directed by City inspector during construction. Full depth pavement removals shall proceed as directed by the Engineer. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. Item No. 25 Along Bayside Drive Sawcut and Remove Existing Pavement and Construct Full Depth AC Backfill: Work under this item shall include sawcutting and removing existing asphalt concrete and base material and placing and compacting AC to full depth, at locations shown on the Plans, and as marked out in the field by the Engineer, and all other work items as required to complete the work in place. Full depth pavement removals shall proceed as directed by the Engineer. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. Item No. 26 Place 6 -Inch Thick Crushed Miscellaneous Base: Work under this item shall include constructing, grading and compaction the street with 6 -inch crushed miscellaneous base and all other work items as required to complete the work in place. Item No. 27 2 -112 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include subgrade compaction, constructing 2 -1/2 -inch thick asphalt pavement base course, tack coating, and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. Item No. 28 Crack Seal: Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced with a hot - applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. • • SP 16 OF 23 Item No. 29 Variable Thickness AC Leveling Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coating, asphalt concrete leveling course placement, subgrade and leveling course compaction and all other work items as required to complete the work in place. Item No. 30 Install Pavement Reinforcing Fabric (Glassgridj: Work under this item shall include placing pavement fabric (Glassgrid 8502, or City approved equal) over AC leveling course, in accordance with the manufacturer's specifications, and as directed by the City inspector, and all other work items as required to complete the work in place. The Contractor shall make arrangements, at no cost to the City, for a manufacturer's representative to be present during placement of the Glassgrid fabric, to ensure all work is done in accordance with the manufacturer's specifications. Item No. 31 2" Thick Finish Course Asphalt Pavement Overlay: Work under this item shall include constructing 2 -inch thick asphalt pavement overlay over Glassgrid and all other work items as required to complete the work in place. Item No. 32 1 -1/2 -inch Thick Finish Course Asphalt Pavement Overlay: Work under this item shall include constructing 1 -1/2 -inch thick finish course asphalt pavement overlay over Glassgrid, tack coating, and all other work items as required to complete the work in place. Item No. 33 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering, raising, and extending during paving operations, all manhole frame, grade ring, and cover to grade and all other work items as required to complete the work in place. Item No. 34 Adjust Existing Junction Structure Deck, Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering, raising, and extending during paving operations, all existing junction structure deck, manhole frame, grade ring, and cover to grade and all other work items as required to complete the work in place. Item No. 35 Adjust Water Valve Box and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, of all water valve frames and covers to grade per CNB STD - 511 -L, and all other work items as required to complete the work in place. Item No. 36 Adjust Water Meter Box and Cover to Grade: Work under this item shall include adjusting, lowering and raising all water meter frames and covers to grade per CNB STD- 111 -L, and all other work items as required to complete the work in place. Item No. 37 Adjust Top of Water Vault to Grade: Work under this item shall include all items necessary to raise the top of vault to match the AC finish surface and all other work items as required to complete the work in place. • • SP 17 OF 23 Item No. 38 Restore Survey Monument and Centerline Ties: Work under this item shall include removing and replacing new survey monument frames and covers to grade per CNB STD - 116 -L, protecting survey monuments in frames, restoring all survey monuments and centerline ties disturbed, and all other work items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 39 Remove and Replace Traffic Signal Detector Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops, make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior to start of this work. Item No. 40 Pavement Striping, Markings and Markers: Work under this item shall include removing existing and installing new thermoplastic and painted traffic striping, markings, pavement markers, and all other work items as required to complete the work in place. Item No. 41 Provide As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These plans must be kept up to date and submitted to the engineer for review prior to monthly pay request. 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." 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 18 OF 23 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290. Raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Disposal of materials shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city.newport- beach.ca.us /GSV /Frachised Haulers.htm." 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 shall remove all debris or other deleterious material from the job site at the end of each workday. All trench widths shall be at least 3 -feet wide to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. " 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." Replace the words 1-1/2 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. • • SP 19 OF 23 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. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -132 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. Where applicable, the top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum 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 patches, 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." 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 and over weekends. 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 3,000 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 20 OF 23 303 -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" or "W" for sewer or water lateral and a chiseled W -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 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -56 and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. The traffic signal system, including loop detectors, shall be fully operational over weekends and holidays. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. The Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool that is approved by the City's Urban Forrester. 2. Arbitrary Root Cut • SP 21 OF 23 a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specification a. Install root barrier panels with the length of each root pruning cut at a minimal of 12" below grade for sidewalk and 18" for curbs. b. The product shall be a minimal of 0.085 thickness and material polyethylene plastic with ultra violet inhibitors (e.g., Century Root Barrier Panels, CP- Series, CP12 -2). c. The product shall be installed per manufacture's specifications. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 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 • • SP 22 OF 23 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." 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." 9 PART 4 • SP 23 OF 23 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 as the base materials." F: \Users \PBW\Shared \Contracts \FY 07- 08\Bayside Drive-CM-Dove Street C- 3961SPECS C- 3963.doc ! 41 . CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. '9 December 9, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher /Junior Engineer 949 - 6443316 or pauscher @city.newport- beach.ca.us SUBJECT: CORONA DEL MAR STREET REHABILITATION PROJECT —PHASE 1 — AWARD OF CONTRACT NO. 3963 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3963 to R.J. Noble Company for the Total Bid Price of • $1,514,045.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $150,955.00 (approximately 10 %) to cover the cost of unforeseen work. Discussion: At 9:00 a.m. on November 18, 2008, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $1,514,045.00 $1,547,547.00 $1,562,505.00 *$1,573,500.00 $1,644,902.00 * *$1,719,702.00 $1,779,090.00 * As -bid amount is $1,565,000.00 ** As -bid amount is $1,723,717.00 The low total bid amount is 9.2 percent above the $1,385,000 Engineer's Estimate. Staff •confirmed with other local agencies that the low bid unit costs are consistent with the prices paid by other agencies. The low bidder, R.J. Noble Company, possesses a BIDDER Low R.J. Noble Company 2 All American Asphalt 3 Sequel Contractors, Inc 4 Elite Bobcat Service 5 Alliance Streetworks, Inc 6 Excel Paving Company 7 Hardy & Harper, Inc TOTAL BID AMOUNT $1,514,045.00 $1,547,547.00 $1,562,505.00 *$1,573,500.00 $1,644,902.00 * *$1,719,702.00 $1,779,090.00 * As -bid amount is $1,565,000.00 ** As -bid amount is $1,723,717.00 The low total bid amount is 9.2 percent above the $1,385,000 Engineer's Estimate. Staff •confirmed with other local agencies that the low bid unit costs are consistent with the prices paid by other agencies. The low bidder, R.J. Noble Company, possesses a • 1 0 Corona Del Mar Street Rehabilitation Project— Phase t —Award of Contract No. 3963 December 9, 2008 Page 2 California State Contractors License Classification W as required by the project • specifications. A check of R.J. Noble Company's references indicates they have satisfactorily completed similar projects for the City and other municipalities. The majority of the work lies within residential streets bounded by Larkspur Avenue and Dahlia Avenue between East Coast Highway and Bayside Drive. Portions of Granville Drive, Bayside Drive and Dove Street will also be rehabilitated. The project includes: • cold milling of existing asphalt pavement, and overlaying the existing pavement sections with asphalt concrete and a Glasgrid reinforcing layer; • removal and reconstruction of street sections, curb and gutter, sidewalk, driveway approaches, cross gutters and curb access ramps; • adjusting junction structures, manhole, water valves and other structures to grade; and • replacing traffic signal detector loops, pavement striping, markings, and markers. An amount of $7,425.00 will be reimbursed to the City by the Orange County Sanitation . District (OCSD) for the adjustment of their eleven sewer manholes to new finished grade along Bayside Drive. Pursuant to the Contract Specifications, the Contractor will have 90 consecutive working days to complete the work. • Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices will be distributed by the Contractor to residents and businesses within the project vicinity. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical. Material Testing, and Survey Services: In addition to the contract costs, approximately $30,000 in geotechnical and material testing services will be needed for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. U r LJ U • 0 • Corona Del Mar Street Rehabilitation Project— Phase 1 —Award of Contract No. 3983 December 9, 2008 Page 3 Funding Availabilitv: There are sufficient funds available in the following accounts for the project: Account Description Prop 1B (CDM Street Rehabilitation) Gas Tax (Dove Street Rehabilitation) Gas Tax (Bayside Drive Rehabilitation) Measure M Tumback (CDM Street Rehabilitation) Proposed uses are as follows: Vendor R.J. Noble Company R.J. Noble Company Harrington Geotechnical Various Prepared by: Peter Tauscher Junior Engineer Attachments: Project Location Map Account Number 7185- C2002004 7181- C2002006 7181- C2002002 7281- C2002004 Total Purpose Construction Contract Construction Contingency Materials Testing Printing and Incidentals Total Submitted by: Amount $ 1,354,500.00 $ 97,000.00 $ 211,000.00 $ 37,500.00 $ 1,700,000.00 Amount $ 1,514,045.00 $ 150,955.00 $ 30,000.00 $ 5,000.00 $ 1,700,000.00 Fn G. Badum Works Director OVA a CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Project Engineer 949 - 644 -3316 or ptauscher@city.newport- beach.ca.us SUBJECT: CORONA DEL MAR STREET REHABILITATION PROJECT — PHASE 1 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3963 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. Discussion: On December 9, 2008, the City Council authorized the award of Corona del Mar Street Rehabilitation Project — Phase 1 to R.J. Noble Company. A majority of the work was within residential streets bounded by Larkspur Avenue and Dahlia Avenue between East Coast Highway and Bayside Drive. Portions of Granville Drive, Bayside Drive and Dove Street were also rehabilitated. The project: • Overlaid and reconstructed the existing pavement sections with asphalt concrete and a Glasgrid reinforcing layer; • Reconstructed existing curbs and gutters, sidewalks, driveway approaches, cross gutters, and curb access ramps; • adjusted junction structures, manhole, valves boxes and covers, and other structures to grade; and • replaced traffic signal detector loops, pavement striping, markings, and markers. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Corona del Mar Street Rehabilitation Project — Phase 1- Completion and Acceptance of Contract No. 3963 June 9, 2009 Page 2 Original bid amount: $1,514,045.00 Actual cost of bid items constructed: $1,547,564.66 Total change orders: $16,044.75 Final contract cost: $1,563,609.41 With regard to the contract bid items, the project entailed more dig -outs, asphalt leveling course, concrete work, and signal detector loops than originally designed at an additional cost of $33,519.66. There were three change orders for this project (see table below). Change orders were approved for the contractor to remove and replace water valve boxes and covers, grind concrete street sections, and provide stabilization to the base material for the reconstruction on Dove Street. CO# Description Cost 1 Remove and Replace Water Valve Boxes $ 3,659.25 2 Grind Concrete Street Sections $ 8,240.50 3 Dove Street— Stabilize Base /Subgrade $ 4,145.00 Change Order Total: $16,044.75 The final overall construction cost including change orders was $49,564.41 or 3.3% over the original bid amount. The following is a summary of the project schedule per the Fiscal Year 2008 -2009 Master Project Schedule. Schedule Summary Estimated Completion date per June 2008 Schedule: May 22, 2009 Project award for construction: December 9, 2008 Estimated completion date at award: May 22, 2009 Actual substantial construction completion date: May 8, 2009 Environmental Review: The project was Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Corona del Mar Street Rehabilitation Project —Phase 1- Completion and Acceptance of Contract No. 3963 June 9, 2009 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the contractor to residents and businesses within the work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Funding Availability: In addition to the primary construction contract, this project involved other project expenses for material testing and incidentals which included printing and repair of a damaged electrical conduit. Total project expenses are summarized as follows: Construction $1,563,609.41 Surveying $73,221.20 Materials Testing $14,655.00 Incidentals $6,572.84 Total Project Cost $1,658,058.45 Funds for the construction project were expended from the following accounts: Account Description Account Number Amount Prop 1B (CDM Street Rehabilitation) 7185- C2002004 $ 1,354,500.00 Gas Tax (Dove Street Rehabilitation) 7181- C2002006 $ 97,000.00 Gas Tax (Bayside Drive Rehabilitation) 7181- C2002002 $ 112,109.41 Prepared by: Peter Tauscher Project Engineer Total: $ 1,563,609.41 Submitted by: m G. Badum Works Director