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Home My WebLink AboutC-4091 - Ocean View Avenue Street Rehabilitation and Dover/Westcliff Street RehabilitationOFFXCE OF THE CXTY CLERK Leilani I. Brown, MMC March 6, 2012 Mr. Craig Porter R. J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Avon Street Avenue and Ocean View Avenue Street Rehabilitation and Dover (C -4091) Dear Mr. Porter: On February 22, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 2, 2011. Reference No. 2011000112885. The Surety for the contract is the North American Specialty Insurance Company and the bond number is 105430240. Enclosed is the Faithful Performance Bond. S�i/n'ce�reghy�, oWl✓h Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERI WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 BOND NO. 105430240 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,136.00 being at the rate of $6. 70/4.70 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.J. Noble Company, hereinafter designated as the "Principal ", a contract for construction of AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERIWESTCLIFF STREET REHABILITATION, Contract No. 4091 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. 4091 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 duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty -Seven Thousand, Three Hundred Fifteen and 50/100 Dollars ($667,315.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. U' 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 Surety above named, on the 20th Craig Porter. Vice President R.J. Noble Company (Principal) this instrument has been duly executed by the Principal and day of MAY , 2010. x Authorized ignature/Title TRAVELERS CASUALTY AND SURETY COMPANY e of Surety OF AMERICA 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 Address of Surely (909) 612 -3000 Telephone Au horized Agent 5t lure MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALBFORNRA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/24/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC , Dale Here freer/ Namo and The of the Officer personally appeared CRAIG PORTER Name(.) of Slgner(e) 4 ? _,,• jF.i4fJiFER DE IONGH ' +'° -'::^mmisslon # 1771186 Notary Public - California D Orange County - •�'�+�� : r "arnm. FxpifesOC128, 2011 who proved to me on the basis of satisfactory evidence to be the persona whose name(4 is/are subscribed to the within instrument and acknowledged to me that he /sbelibay executed the same in hisllheAlteir authorized capacity(i4, and that by his /hen4heir signatureA on the instrument the persona, 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. WITNESS rfly.,hand and off'cia1 seal. r Place Notary Signatu Seai Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons 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 C) Corporate Officer— Title(s): _ C Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator U. Other: Signer Is Representing: Rlr HTfTNUMBPRINT, aeBIGNERI — Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ]AIGHTDTHUUBP,��NT 02007Nalianal Notary Association- 0350 De Soto AV¢., P. O. Box 2902•Chal.w¢dh,CA 913132402-vere.Nell0nalNOlaryarg Item p59W RecNer.Cail Tall -Free 1- 8068] &682] who proved to me on the basis of satisfactory evidence to be the persona whose name(4 is/are subscribed to the within instrument and acknowledged to me that he /sbelibay executed the same in hisllheAlteir authorized capacity(i4, and that by his /hen4heir signatureA on the instrument the persona, 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. WITNESS rfly.,hand and off'cia1 seal. r Place Notary Signatu Seai Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons 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 C) Corporate Officer— Title(s): _ C Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator U. Other: Signer Is Representing: Rlr HTfTNUMBPRINT, aeBIGNERI — Number of Pages: Signer's Nar ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ]AIGHTDTHUUBP,��NT 02007Nalianal Notary Association- 0350 De Soto AV¢., P. O. Box 2902•Chal.w¢dh,CA 913132402-vere.Nell0nalNOlaryarg Item p59W RecNer.Cail Tall -Free 1- 8068] &682] CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 5/,20/10 before me. R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persortWwhose name(R)Is /are subscribed to the within instrument and acknowledged to me that he /sheAltey executed the same in his /heFMte}r authorized capacityoc4 and that by his/hcrAheir signature(sron the instrument the personw,, or the entity upon behalf of which the person(sf acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS' ,m///Jyy hhaanndd. and official seal. signatufre�fof "Notary I'u icF mar NAP P' #1796916 a 'iM NOTARYPUBLI__ CALIFORNIA ?'e RIVERSIDE COUNTY My Comm. Expires June 7, 2012 (Notary Scon ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Atiomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800 - 877 -9865 wiew.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any ac6voirledgmenr completed in California musr contain verbiage exacil v as appears above in the nora y section or a separate acknmrledgnhem form unat be properly completed and attached to that document. 77re only exception is if a document is to be recorded outside of California. In such instances. am• alterative admmrledgntem rerbiage as mot be printed on such a document so long as Me verbiage does nor require the notary to do something that is illegal jar a notary in California (i.e. cerlpf ing the authorized capacity of the signer). Please check the document carefrdly for proper nmarialwarding and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dole of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public most print his or her name as it appears within his or her commission followed by a comma and then your title (notary, public). • Print the name(s) of document signer(s) who personally appear al the lime of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e Wshd4hg is lace ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. 11'seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment for. • Signature orthe notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure This acknowledgment is not misused or attached ton different document Indinale life or type of attuched document, number of pages and dote. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document WARNING S POWER OF ATTORNEY IS INVALID WITHOUT THE RF )RDER AEI POWER OF ATTORNEY TRAVELERSJ Farmington Casually Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'travelers Casually and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003471331 KNOW ALLMEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company am 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 State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the Sure 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, Rosemary Nappi, and Jeremy Pendergast of the City of n__ ;y..Pr ;d , State of� "1:6. Mil , their true and lawful Atmmey(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 peFfonnance 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 instrument to be signed and their corporate seals to be hereto affixed, this day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. SL Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 1st St. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and-Surety Company of America United States Fidelity and Guaranty Company 2p �OL #pr ''�1e^ 9rr. .a8 42rr " 6 a ° r a '� V N I tt• ��o tl /Q ic .\?as° `s9 e jNn _A „ ,S hi 1877 av0xNP. : w 9 °61W 0Y a O N q4 L tr 1b0 . p fAy Atha^ State of Connecticut City of Hanford ss. By: At�A� Georg Thompson, tr ice President On this the 1St day of February 2010 , 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., 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, 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. �,TFT In Witness Whereof, [ hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. P p�_�,,Grs J.r 58440 -4 -09 Printed in U.S.A. Marie C. Teueault, Notary Public OFF%CE OF THE CXTY CLERK Leilani L Brown, MMC April 20, 2011 Mr. Craig Porter R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Avon Street Avenue and Ocean View Avenue Street Rehabilitation and Dover /Westcliff Street Rehabilitation (C -4091) Dear Mr. Porter: On February 22, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 2, 2011, Reference No. 2011000112885. The Surety for the contract is the North American Specialty Insurance Company and the bond number is 105430240. Enclosed is the Labor & Materials Payment Bond. Sul Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERIWESTCLIFF STREET REHABILITATION PREMIUM INCLUDED IN PERFORMANCE BOND CONTRACT NO. 4091 BOND NO. 105430240 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, Slate of California, by motion adopted, has awarded to R.J. Noble Company, hereinafter designated as the "Principal," a contract for construction of AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERIWESTCLIFF STREET REHABILITATION, Contract No. 4091 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. 4091 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 Slate of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty -Seven Thousand, Three Hundred Fifteen and 501100 Dollars ($667,315.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 32 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 Surely, 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 20th day of MAY '20110. Craig Porter, Vice President x R.J. Noble Company (Principal) Authorized i aturelTitle TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 of Surety (909) 612 -3000 Telephone I L'a MR orized Agent Si' ture MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF C:ONTRAC:TOR AND .SURETY MUST BE ATTACHED 33 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 5/a0f/e7 before me, R. NAPPI "NOTARY PUBLIC" (Here insen name and title of the affect) personally appeared MICHAEL D. STONG who proved io me on the basis of satisfactory evidence to be the person.Wwhose name() is /amsubscribed to the within instrument and acknowledged to me that he /shefHrey executed the same in his /ken44teir authorized capacity(•i=.) and that by his1lwa4l4?,ir signature(<On the instrument the person), or the entity upon behalf of which the personKacted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI7A^21r� S my hand and official seal. Signature of Notary Pu R. NAPPI COMM. #1796916 ".°�' •NOTARY PUBLIC- CALIFORNIA N �s. RIVERSIDE COUNTY Ap My Comm. Expires June 7, 2012 (Notary Scan `�- ..—.•— ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description ofatmehed document continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Truslee(s) ❑ Other 2008 Version CAPA v12.10.07 800 - 873 -9865 %v%v w.NomryClasscs.cum INSTRUCTIONS FOR COMPLETING THIS FORM Am, acknowledgment completed in Califomia ruaA contain verbiage exactly as appears abore in the notary section or a sepamfe acknowledgment foot nnca be properly completed and attached to that documera. The only eviceprion is if a document is to be recorded outside of California. In such instances, any altemaliwe acknowledgment rerbiage as mar be printed on such a document so long as the verbiage does nor require the notary to do something that is illegal for a no ny in Califomia (i.e. certifying the a thorlced capacio, of Ore signer). Please check the document carefrdlyfor proper notarial trording and anach this form ifrequlred. • Slate and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the dale that the signers) personally appeared which mutt also be the same dale the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the motels) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e helshe/0tey- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead la rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a suRcieni area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on ftle with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. I- . Indicate tide or type ol'auached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely math this document to the signed document WARP � S POWER OF ATTORNEY IS INVALID )RDER AOZ.. POWER OF ATTORNEY TRA4VELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'travelers Casually and Surely Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surely Company of America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003471331 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company arc 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 Lire State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of Rivefs4de , State of (2—gIjfn",,:2 , 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 instrument to be signed and their corporate seals to be hereto afTexed, this day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company ISt St. Paul Mercury Insurance Company Travelers Casualty and Surely Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.54�r1 �py�•,, ' N1. O \�. IY64, pY 1X54gN YOY��bY ��p�Y 1pyyMl A VY'�P- N'- ~P j 'ORCOX 4 ;.• ..N 4 q Y- 5 6 (f Neatm'+arm �tC _ X�lA W /NpRY0R9lt `I4i^ JJ 'tC Syr I�� l9 a ] o 1977 1 141arreMD. i < - -�wG ieresi g 19$1 ".eq ;v1S8dL ;;°t Xcaura y t�Oe m 1896 pt °' y • .+' �\k x3ti .R• <.,,ccc �rMl S'. State of Connecticut City of Hanford ss. By: Georg Thompson, tr ice President On this the 1St day of February 2010 , 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., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL 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,4FT In Witness Whereof, L hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. P p�`IG� 58440 -4 -09 Printed in U.S.A. Marie C. Teueault, Notary Public RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 e O Records, Orange County a order III I fltl III II II IIIIIIIIIIiII NO FEE IQQD1ff8R5V- A5 am 03/02/11 47 412 N12 1 0.00 &%01.6p-0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.J. Noble Company. of Orange, California, as Contractor, entered into a Contract on June 8, 2010. Said Contract set forth certain improvements, as follows: Avon Street, Tustin Avenue and Ocean View Avenue Street Rehabilitation And Dover/Westciiff Street Rehabilitation — (C -4091) Work on said Contract was completed, and was found to be acceptable on February 22, 2011, 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. ✓Yorks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. rr,,� Executed on T7/'c/Cl�� at Newport Beach, California. ,,6)Afy Clerk °� � - s �<�F00.N�P -I CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 February 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3312 or tandefur@newportbeachca.gov SUBJECT: AVON STREET, TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERANESTCLIFF STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4091 ISSUE Staff requests approval to accept the Avon, Tustin, Oceanview and DoverANestcliff Pavement Rehabilitation, Contract No. 4091, as complete. 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. Construction Contract Summary Construction Contract Final Cost at Benchmark Contract Time Award Amount Completion Target Actual Time Under or (days) Over $667,315.50 $775,069.98 Contract Contract 60 -17 ' PIus10% Plus 16% DISCUSSION On June 8, 2010, City Council authorized the award of the Contract 4091 to R.J. Noble Company. The work necessary to complete the contract consisted of removing and replacing existing asphalt road surface, removing and replacing existing curb and gutter, Avon Street, Tustin Avenue And Ocean View Avenue Street Rehabilitation And DoverM/estcliff Street Rehabilitation —Award Of Contract No. 4091- Completion and Acceptance of Contract No. 4091 February 22, 2011 Page 2 removing and replacing sidewalk, adjusting interfering utilities to grade, installing new cross - gutters, installing new decorative stamped concrete crosswalks, installing new irrigation system and providing, planting, and establishing new trees in tree grates. Pursuant to the Contract Specifications, the Contractor had 60 consecutive working days to complete the work. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: $667,315.50 $744,081.75 Total change orders: $30,988.23 Final contract cost: $775,069.98 The final overall construction cost, including four change orders was approximately 16% percent above the original bid amount. The higher than anticipated construction costs were the result of more asphalt paving being used than originally estimated and more extensive curb and gutter removals. The five change orders are listed below: Item No. Description Amount 1 Additional paving at Campus and Jamboree to tie in with paving being done by Irvine $8,937.5 2 Additional cost for adding changeable message board at Newport Coast and construction of a splash pad at Tustin and Coast Highway $19,561.2 3 1 Additional striping and loops on Coast Highway' $2,989.5 4 Additional striping on Tustin /Avon /Riverside $508.9 5 Credit for Palm trees being shorter and add'] irrigation material $1,009.03 Total Project Change Orders 1 $30,988.2 A summary of the project schedule is as follows: Estimated completion date per June 2010 Schedule: October 22, 2010 Project Award for construction: June 8, 2010 Contract Completion Date Plus Approved Extensions: December 6, 2010 Actual Construction Completion Date: November 8, 2010 ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Avon Street, Tustin Avenue And Ocean View Avenue Street Rehabilitation And Dover/Westcliff Street Rehabilitation —Award Of Contract No. 4091- Completion and Acceptance of Contract No. 4091 February 22, 2011 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 the 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. In addition, a digital changeable message board was placed on Coast Highway to alert the public of the upcoming paving operation at Coast Highway and Newport Coast. FUNDING AVAILABILITY In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction Materials Testing Incidentals Total Project Cost $775,069.98 8,751.50 47.85 $783,869.33 Funds for the construction project were expended from the following account: Account Description Proposition 1 B Transportation Measure M Turnback General Fund Prop 42 City Aid Prepared by: Tom Sandefur Associate Civil En Ineer Attachments: Maps Account Number 7185- C2002019 7281- C2002024 7013- C2002025 7191- C2002024 Total: Submitted by: Amount $307,621.49 $215,104.49 $55,000 $197,344.00 $775,069.98 Director LOCATION MAP AVON STREET, TUSTIN AVENUE, OCEAN VIEW AVENUE STREET REHAB CONTRACT NO. 4091 (PAGE 1 OF 3) P JEC ui O< /FFO Z Lu w 0 of w > A\(ON/S4E(T/ �Zw// El COAST HIGHWAY LOCATION MAP AVON STREET, TUSTIN AVENUE, OCEAN VIEW AVENUE STREET REHAB CONTRACT NO.4091 (PAGE 3 OF 3) O Lu PROJECT LOCATION (RIGHT TURN LANE) COAST HIGHWAY . ..... .. . . . ....... .41. Lr OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 24, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Avon Street, Tustin Ave. and Ocean View Ave. Street Rehabilitation - (C -4091) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely,,, 76, `Ceilarfi 1. B�wn, M. M-C City Clerk Enclosure __. , 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 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. of Orange, California, as Contractor, entered into a Contract on June 8, 2010. Said Contract set forth certain improvements, as follows: Avon Street, Tustin Avenue and Ocean View Avenue Street Rehabilitation And Dover/Westcliff Street Rehabilitation — (C-4091) Work on said Contract was completed, and was found to be acceptable on February 22, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Ila-l'(Z at Newport Beach, California., BY / Kati '/Oy Cl(A 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 10:00 a.m. on the 18th day of May, 2010, at which time such bids shall be opened and read for AVON STREET, YUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION Contract No. 4091 $690,000 Engineer's Estimate roved Stephen G. 9adum Public Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Tom Sandefur, P.E. Protect Manager at (949) 644 -3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hftpJ/www.Newport13eachCA.q CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 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 ....................................................... ..............................4 — DESIGNATION OF SURETIES .......................................................... ...........................+ -2- kq CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 49- 45 ACKNOWLEDGEMENT OF ADDENDA ........................................... ............................*5' tv,7 INFORMATON REQUIRED OF BIDDER ............... ............................... ........................4.6 -1`8 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................44,)-, CONTRACT....................................................... ............................... ............................391 2-1- LABOR AND MATERIALS BOND ..................................................... ............................26- `✓;L FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ............................ .. .................................. . . .... ___ ............ SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4091 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shalt be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. 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; A Contractor's License No. & Classification R.J. NOBLE COMPANY Bidder X Authonzed iggnat efTitle STEVE MEI DDZA, SECRETARY MAY 18, 2010 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT F-11 CONTRACT NO. 4091 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 AMT. BID Dollars ($ 10% OF BID AMT ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERIWESTCLIFF STREET REHABILITATION, Contract No. 4091 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 13th day of MAY 2010. R.J. NOBLE COMPANY Name of Contractor (Principal) 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 MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 .:\L4�(r?nCY.$:l•.c >,:b' +!yfYjYnR "1 1- ::Tn:D$n:�+G�S; .'r$n:DYn7 Y:7 S). n @i c'$ rYa✓>' n• aS..' �Sn: ti�i\.' iPni.. i }V�'$ <{+:..vF)�.'n�4Vyi.3.C').. S:iL'3'riT State of California County of ORANGE On 05/17/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Dow Here Merl Name and Tale of Uro Officer ' personally appeared STEVE MENDOZA JENNIFER DE IONGH commission # 1771186 g • _m Notary Public . California .. Orange County My Conan. Expires Oct 28, 20l l who proved to me on the basis of satisfactory evidence to be the personV whose nameA is/are subscribed to the within instrument and acknowledged to me that he /sh944ey executed the same in his/kerkhcir authorized capacity(je<,, and that by his/berAheir signatureJ4 on the instrument the person(; or the entity upon behalf of which the person(,e'J 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 a ici I seal. ttir Pine Wary seal Wawa Sig aN sign I 0 or Notary Public OPTIONAL Though the intormation below is not required by law, if may prove vaI le to p e rsonslicaUlng on tha 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— Tifle(s): — ❑ Partner —❑ limited ❑ General i Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: HIGHTTHUMSPRINT OF SIGNER Number of Pages: Signer's Name: O Individual ❑ Corporate Officer — Tlie(s): D Partner —❑ Limited D General D Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUN19PHINT OF SIGNER ur -KW %vim iq..;i • vti.ceCwe;: v<. ✓aa,,.i 'si;.':�.'e'c:✓e<rtty 'a 'a<ce?: acv: uea '•.x- 'v 'aaer,..�cc�u °vrac'�C<:uce<_ <v ✓c;. -.v, 11 4 r i. ✓�r CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On r l3 /�D before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and (Itla of the otne r) personally appeared MICHAEL D. STONG who proved fo me on the basis of satisfactory evidence to be the persoq(gd whose nameWis /are- subscribed to the within instrument and acknowledged to me that he /shekbey executed the same in hisllmwAheir authorized capacity(ii:4 and that by his/hodt1 air signature(afon the instrument the person, s;T or the entity upon behalf of which the personoacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NA WITNESS my hand and official seal. „ _ COMM. #1796916 ¢ NOTARYPUBLIC RIVERSIDE COUNTY Comm. IDECOUNTY Signature of Notary Pte (Notary, seal) MY omm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of atached document) (Title or description ofatmched docurrem continued) Number of Pages _ Document Date (Additional tnfmmaion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800. 873.9865 % t w.NctnryClmsrs.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acbimriedgmem cumpkied In Cagfornia aunt comnin verbiage exec* or appears above in the rotary section or a separate adimnvkdgmena farm ram be properly completed and attached is that detente ear. The only ercap/fen it jr a document is to be recoxkd aaislde ofCahfamfa In such basamees. mry abormdve or/mowkdgmmr verbiage as may be primed on such a albear iew so Imig as the verbiage does nor requim dm notary to do someaNng that Is Ibkgal fix a merry in Califomia pre. arrifyiag the awhorized capacity of the signer). Plmse check ale document covfuliyfor proper nowrW ivom7ng and aaacb thls form ifregmred. • State and County information must he The State and County where the document signers) personally appeared belbre the notary public finer • Date of notarization mug be the dare that the signer(s) personally appeared which mug else be the sane date the eckwwiedgmew is compheed. • The rotary public matt print Ms or bar nare as it appears within his or her commission followed by a comma and then yaw title (nary public). • Print One names) of doctuem signers) who personally appear or the lime of notenzaaon • Indicate the contact smguhu m plural forms by crossing off ineorect forms (ig . hdslmrAhay� Were) or circling the correct farms. Failure to correctly indicate this inf ornation may Icad to rejection of document recording. • the notary seal impassion most be clear and photographically reproducible. Impression must not cover text or It=. if seal impression smudges, re -seal if a sufficient men permim, otherwise complete a differem edmowiedgment form. • Signmure of the notary public mac match the signature on ale with the office of the county clerk. • AddiOorml information is not required but could help to ensues this acknowledgment is not misused or attached to a different doeumcat • Indicate title or type of attached daoumeoy number of pages and date. • Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate The title (i.e. CEO, CFO, Secretary). • Seemly attach This document to the signed document WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paid Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty lnsurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003471331 KNOW ALL MEN BY THESE PRESENTS: 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 Smte 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 htstuance 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, Rosemary Nappi, and Jeremy Pendergast of the City of Rmyersidn , Stale of calEF rpia , their true 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 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 instroatem to be signed and their corporate seals to be hereto affixed, this I St day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paid Memory Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Vt3 eai� m - .....,unity S. !�.(l- a tAgPOR9�:Yp, u HMf1Y0. g W § +dTMa os�; 1851 sad.S 1, EAL %at816 ' ` %Ogg pa�e tees ,gyp State of Connecticut City of Hartford ss. By: �'/- ni " Georg Thompson, •nior ice President On this the 1 St day of February 2010 , before me personally appeared George W. Thompson, who acknowledged himself to he the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, 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. 6,T In Witness Whereof, I hereunto set my hand and official seal. T*AR My Commission expires the 30th day of Juue, 2011. C+ Aif13L14 58440 -4 -09 Printed in U.S.A. Made C. Teueault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, W., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory hnsurance 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 in 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 time and seal with the Company's seal bonds, recogniaances, 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 Chairmen, 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 in 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 my 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 attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate hearing such facsimile signature or facsimile sea] 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 in 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., St. Paul I= and Marine Insurance Company, St. Paul Guardian.Witrance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uni444g�,,, $s Fi+*md Gt�tputy Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Com�lyit�Pf'ull fo(Cat9riifl effect and has not been revoked. e ¢' Mme• 10 IN TESTIMONY WHEREOF, I have bereanto set my hand aqd 11 .vd� 4-i-1s this /1W day of , 20 Kori M. Johans Assistant Secretary l 6 T�lM I�4S pr 1MSVgrM1 {Y �MD r4 ��✓1 �,� 1981 s i9n m �narr� �i,l yeMOOa ?�u i NABt�aRa�g Maltq� �AIN To verify the authenticity of this Power of Attorney, call 1- 800. 421.3880 or contact us at www.travelersbond.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. ACKNOWLEDGMENT ................................................ ............................... State of California County of ORANGE )Ss. On MAY 18, 2010 before me, JENNIFER DE IONGH Notary Public, personally appeared STEVE MENDOZA: SECRETARY ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER DE IONGH Commission # 1771186 ;-m Notary PUUIIC - California s _ �• Orange County My Comm. EiVres Oct 28.2011 Signatur em fer De long li�— (seal) .................. ............................... 0............................I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO /CFO /COO _ President / Vice- President / Secretary / Treasurer Other: Other Thumbprint of Signer Check here if no thumbprint or fingerprint Is available. ACKNOWLEDGMENT ..................... ......0...................a.... t.......,.. a . . . . . . I . . . . . . . . State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evid subscribed to the within instrument and. ackn same in his/her /their authorized capacity(ies), instrument the person(s), or the entity upon be instrument. 1 certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESS my hand and official seal. X Signature Notary who to be the person(s) whose name(s) is /are Jged to me that helshelthey executed the I that by his /her /their signatures(s) on the of which the person(s) acted, executed the the laws of the State of California that the (seal) ............................ r................... ..............................1 Date of Document Type or Title of Document Number of Pages in Docu Document in a Foreign La Type of Satisfactory Personally Kr _ Paper Identifi Credible Witr OPTIONAL INFORMATION Paper Identification Capacity of Signer: Trustee Power of Attorney _ CEO / CFO / COO _ President/ Vice - President / Secretary /Treasurer Other: Other 7 Thumbprint of Signer E] Check here if no thumbprint or fingerpdnl is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 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 Number Description of Work %ot Total Bid Name: /_W56 Sir ✓e y Address01`G�Ge Svc ✓P� Z/ Phone: State License Number: Name: :AAQ CO A Sfi�PP�1n 7� q S�r 1n ) Address: D � r J �(� Phone: State License Number. Name: &kii Oftut aniR Address: 2Z, Z3 P:i /vnjfrjfOrn� santo GO, Phone, State License Number. R.J. Noble Company x Bidder Authorized Siplaturefte Steve Mendoza, Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERNVESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 DESIGNATION OF SUBCONTRACTORIS) 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 Number Description of Work %of Total Bid // Name: 11fx a.�rui+�Cl,Pe Address: 2�fi-3o �'(Aj1�SCC(� t ,..Q 10. CC Phone: State License (Number: r Name: & (44 I C404 j l! Address: C ra' /' 7C G�d�� G�o�Q 1117 Phone: State License Number. Name: Ep5 Wilififf �a1Jls }r jG'Ix ��1IJ1 V�i��Qs Address: 6oQna �/ "1 Z 6� Phone,. State License Number. R.J. Noble Company x Bidder Authorized Sic ature ' e Steve Mendoza, Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERNWESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 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 %ot Number Total Bid r�`t ��pn Name: 9P �`r"UIG� Address: 20 Los fl, Q� • �O /_ Y$ f'nAYfF�� Phone: State License Number: Name: 7 /( kg 1C� D / 13-17/ (onc�fe Address: �dl'pnC, ��,3Z t�• 7� Phone: State License Number. Name: Address: Phone; State License Number. R.J. Noble Company x Bidder Authorized Igna efritle Steve Mendoza, Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name R.J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following ihformation: No.1 Project Name /Number 2006 -07 ARTERIAL REHABILITATION Project Description ADAMS AVE., NEWLAND & MCFADDEN AVE. REHAB. Approximate Construction Dates: From 12/07 To; 06109 Agency Name CITY OF HUNTINGTON BEACH Contact Person DAVE VERONE Telephone (714) 53 6-5221 3,675,549.75 Original Contract Amount $ Final Contract Amount $ 4,036,984.74 If final amount is different from original, please explain (change orders, extra work, etc.} EXTRA WORK ORDERS Did you file any claims against the Agency? Did the Agency file any claims against youlContractor? If yes, briefly explain and indicate outcome of claims. NO No. 2 Project Name /Number STEPP ROAD, LINNELL 8 MEADOWLARK LANE Project Description STREET IMPROVEMENTS Approximate Construction Dates: From 12/07 To: 06/09 Agency Name CITY OF MURRIETA Contact Person TOM NOWAK Telephone (951) 304 -2489 1,298,905.95 Original Contract Amount $ Final Contract Amount $ 1,785,266.42 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK/CHANGE ORDERS 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 FLOWER STREET REHABILITATION Project Description STREET REHABILITATION Approximate Construction Dates: From 12107 To: 10/08 Agency Name CITY OF SANTA ANA Contact Person ED TORREZ Telephone (714) 647 -5432 2,566,914.90 Original Contract Amount $ Final Contract Amount $ 2.585,587.90 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORKICHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 No. 4 Project Name /Number A.C. OVERLAY VARIOUS LOCATIONS IN ORANGE COUNTY Project Description ASPHALT OVERLAY Approximate Construction Dates: From 12/07 To: 10/08 Agency Name COUNTY OF ORANGE Contact Person HIRAM T. DOWNARD Telephone (114)567 -7812 1,593,153 00 Original Contract Amount $ Final Contract Amount $ 1,613,211.50 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORKICHANGE ORDERS 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 VARIOUS STREET REHABILITATION Project Description STREET REHABILITATION Approximate Construction Dates: From Agency Name CITY OF SAN CLEMENTE 12/07 10/08 Contact Person GARY VOSORSKY Telephone (949)361 -6118 1,686,943.55 Original Contract Amount $ Final Contract Amount $ 1,686,943.55 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against youlContractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 6 Project Name /Number 17TH STREET EAST OF SANTA ANA AVE. TO IRVINE AVE. Project Description STREET PAVING Approximate Construction Dates: From 12/07 To: 10/08 Agency Name CITY OF COSTA MESA Contact Person IRINA GUROVICH Telephone (714) 754 -5324 1,393,753.00 Original Contract Amount $ Final Contract Amount $ 1.523,396.70 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 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 12 X Authorized Si nature e STEVE MEN OZA,S CRETARY CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERNVESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 NON - COLLUSION AFFIDAVIT State of California } )ss. County of ORANGE 1 STEVE MENDOZA , being first duly sworn, deposes and says that he or she is —SECRET—AR-7— 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 vAi not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. R.J. NOBLE COMPANY X Bidder Authonzed SidnatuilkArritle STEVE MENDOZA, SECRETARY Subscribed and sworn to (or affirmed) before me on this 18 day of MAY 2010 by STEVE MENDOZA , 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 IFER [SEAL) `—' My Co mission Expires: 10/28/2011 JENNY ER DE IONGH Commission # 1771166 Nolary Public - California £ 't Orange County 13 My Carnri. Exr*w Oc1 28, 2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERIWESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 DESIGNATION OF SURETIES Bidders name R.J. NOBLE COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): STONG SURETY INSURANCE SERVICES, MIKE STONG (951) 343 - 03821(951) 343 -1219 4850 ARLINGTON AVE., STE B, RIVERSIDE, CA 92504 TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, (909) 612 -3000 21688 GATEWAY CENTER DR., DIAMOND BAR, CA 91765 -8512 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4091 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts 15 82 44 54 53 42 290 Total dollar Amount of 14 65 70 57 51 32 289 Contracts (in Thousands of $ MILLION- - - -- --- - - - - -- -- - - - - -- — – — – _ ____________ MILLION No. of fatalities NONE= - - ------------ – No. of lost Workday Cases NONE- - - -- - - - - -- -- ______- _---___ -- __ - -- – ____ -- No. of lost workday cases NONE– - -- -- -- – --- -- – – - -- – – – involving 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. 15 Legal Business Name of Bidder R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Business Tel. No.: (714) 637 -1550 State Contractor's License No. and Classification: A- 782908; A Title STEVE MENDOZA, SECRETARY The above information- was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title STEVE Signature of bidder x (. Date MAY 18 Title Signature of bidder Date Title Signature of bidder Date Title i 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 partnersljoint 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, joint 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. 16 'A :i+>L.�'�: TYr.'�:: <\S:n.vFla:Ai:'.:».>.3u�:r:.T:� )N%�:$:>::j' i� :1:..ti..c�: '.\ -, yam. , y^Y`. �::.� .a:$f• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ...'•br%JU.A\.T b :yr.'•�\i „c?�:i .n,'n� \Y•.j rrA..V:�, r:•> . ?i.2 q. n7. 7 State of California County of ORANGE On 05/1R/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC ate Here leseni Name and Title d the Officer r personally appeared STEVE MENDOZA JENNIFER DE IONGH commission Notary Public # 1777186 '< .m Notary Public • 1771186 Orange county My Con .gptesOct28,2011 who proved to me on the basis of satisfactory evidence to be the personfA'j• whose name(,tlj is/are subscribed to the within instrument and acknowledged to me that he /shsAhey executed the same in his/AeNtheir authorized capacity(jRd and that by hisAaa4aheir signatureA on the instrument the person(); or the entity upon behalf of which the person(K 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. WITNES y hand and.Dffivial seal. PIaCC Meaty eat meve Si ature 7 Signa of Notary Public OPTIO Though the information below is not required by law, it may prove valuable to pereons"loivIlng 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 Fad ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RiGH1THUMOPRINT OFSIGNER J Number of Pages: Signer's Net ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited G General • Attorney in Fad ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUh1BPRINI OF SIGNER v:]'.' fli:.\: :\✓: \ ✓pey:<dpw✓i<��v:.$fS_ \:. =5 X41. ✓%�.:jJ:j/q ?'Y..: \S>.]'.q:] G\:! >✓�.n�)ef�::U:\' >S �>Siair.yl.:•<1i5'f/ttll�•• .?!: �.v •v• '..:. \n �..L �. _n�'uc ✓:jH<yN:j ✓e:Y:< ✓::eJS.eJ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/18/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC , Date Here Insert Name a,M Tnle al the O I personally appeared CRAIG PORTER _ JENNIFER IONGH 'M,; Commission # 1777786 Notary Public - California Orange County "wCootyrrn•F 0028,2011 who proved to me on the basis of satisfactory evidence to be the personj4 whose nameW is/am subscribed to the within instrument and acknowledged to me that he/sb AW executed the same in his/ke#thair authorized capacity(io, and that by hisfhe##eir signature(sr1 on the instrument the person(4, or the entity upon behalf of which the personj4 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 o id I seal. Pla Notary S.W Above Sign i aWr of Nawry PUtNk OPTIONa Though the information below is not required by taw, it may prove valuable to persons rely a 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): Cl Partner —❑ Limited ❑ General _ • Attorney in Fact • Trustee Top of Thumb here • Guardian or Conservator • Other: Signer Is Representing: Number of Pages: Signers Name: • Individual • Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER eS:l.: \'[: \YG'ro /•tYG4vG`.4 " ✓�\ -( C\ GG\. GLU ,4 \nSG(: /Ko4�J.G`.GV4 \':G \YG\ rv'✓G'JG�v:`,G v :�iG' ✓:Sv ^'v /. \G: \'SP:�:�'! < \": GGJ SG�Y.G` :lam <V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT G•\' i'• $C "ijK0<::.3.'�.'Y.,.�,'ir.'\,i q< C'.$ j!'.\ �•(,:$>: CjN. jSS.T i. I.?' ilU:$ S:\S./" c\$.^—.\. S:<> v:.$ N$$ i' iS y:' �N6aV$> isjCrrOSnN .. @ {.l�tj.�N. \v.�i }a: %TL�'bj'. n•.bs:.5r "?Xl>4L. "\y State of California 1 County of ORANGE 1} On 05/18/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Dare re treert Nerve mdTtfte at The otlkat personally appeared JAMES N. DUCOTE JENNIFER DE IONGH Commission # 1771186 m Notary Public - California _ Orange County MyCcrmm. apiresoct28.2011 who proved to me on the basis of satisfactory evidence to be the person(a)'whose name(Wislare subscribed to the within instrument and acknowledged to me that he /sgekgey6 executed the same in his/heNtAei� authorized capacity(iea'i, and that by hr signaturejeron the instrument the personjar'or the entity upon behalf of which the personja)^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 and and o ci eat. Signatu �� Plow NWery Seel Above AP W d Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fans to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual • Corporate Officer—Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU1118PRINT OFSIGNER Number of Pages: Signer's Name: D Individual 0 Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHURIDPHINT OF SIGNER 'z`:<�SSiq: <:eisae:.rq iii' t% i::. v+. g•_:>_ F>: 4:=• rsSr.. �ersytt: qs;✓: s`<;.: qs:. ys�l4sx_ sSa_ sS-SicXS V_ s.': ds_ 7° isVS O, scss : ➢bg= 's<.ys(�eFy.:y,:c.Ya ?'A-9 s �. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 ACKNOWLEDGEMENT OF ADDENDA Bidders name R.J. NOBLE COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature Steve end a Secretary ih CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4091 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Telephone and Fax Number: (714)637-1550/(714)637-6321 California State Contractor's License No. and Class: A- 782908; A (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/14/00 Expiration Date: AUGUST 31, 2010 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: JACOB BREEDLOVE, ESTIMATOR The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone MICHAEL J. CARVER,. PRESIDENT 15505 E. Lincoln Avenue, Orange, Ca 92865 714 - 637 -1550 CRAIG PORTER, VICE PRESIDENT 15505 E. Lincoln Avenue, Orange, Ca 92865 714 - 637 -1550 STEVE MENDOZA, SECRETARY 15505 E. Lincoln Avenue, Orange, Ca 92865 714 - 637 -1550 JAMES N. DUCOTE, TREASURER 15505 E. Lincoln Avenue, Orange, Ca 92865 714 - 637 -1550 Corporation organized under the laws of the State of CALIFORNIA 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (Le, failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 0 Are any claims or actions unresolved or outstanding? Yes / IF] If yes to any of the above, explain. (Attach additional sheets, if necessary) NIA Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. MICHAEL J. CARVER, PRESIDENT (Print name of Owner or President of CorporationlCompany) R.J. NOBLE COMPANY X Bidder Authorize igna (Title STEVE MENDOZA, SECRETARY Title MAY 18, 2010 Date On MAY 18, 2010 before me, JENNIFER DE IONGH Notary Public, personally appeared STEVE MENDOZA, SECRETARY who proved to me on the basis of satisfactory evidence to be the perso1�4 whose name(ra'j is /al's subscribed to the within instrument and acknowledged to me that he /9heM9i&y executed the same in his /4efAhair authorized capacity()es' and that by his/her heir signature(44 on the instrument the person, or the entity upon behalf of which the person(�facted, 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 IONGN Commission # 1771186 Notary Public - Calltornia £ Orange County (SEAL) MVComm.D Moct28,2o11 No rongh c in and for said State Jennifer My Commission Expires: 1012812011 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4091 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 ` Ccmmissioner 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 Ratino Guide: Property - Casualty. Coverages shall be provided as specked 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 CONTRACT THIS AGREEMENT, entered into this _ day of , 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.J. Noble Company, 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 AVON STREET TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERfWESTCLIFF STREET REHABILITATION The work necessary for the completion of this contract consists of removing and replacing existing asphalt road surface, removing and replacing existing curb and gutter, removing and replacing sidewalk, adjusting interfering utilities to grade, installing new cross - gutter, installing new decorative stamped concrete crosswalks, installing new irrigation system and providing, planting, and establishing new trees in tree grates. 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 Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4091, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 Six Hundred Sixty-Seven Thousand, Three Hundred Fifteen and 501100 Dollars ($667,315.50). 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 the 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: Tom Sandefur (949) 644- 3312 CONTRACTOR R.J. Noble Company 15505 E. Lincoln Ave. Orange, CA 92865 714 - 637 -1550 714 - 637 -6321 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or 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. 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. 23 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. 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 24 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 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 insurance and /or primary 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. 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 elected or 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. 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. Q1 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- Comolianoe 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. 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 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. 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. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: �L Mayor R.J. NOBLE COMPNAY By: x (CorpoLge Officer) Title: Vice President Print Name: Craig Porter Title: Treasurer Print Name: lames N. Duwte , Please note: Corporations must complete and sign both places above even if each office is held by the same individual Qi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT siGz 'a¢!+�baLC�i,.�K�>tatu:{..a<s�e acA c� slat. Yit! v.. i. xa'.<.. 5.& 4��^ s,. exN3nt?:. tc>• s$. v! �.. '�f$:[�5�2.Sa<;$S,ai,.'- '�S,ai. �i�ae,oy.,�>�L :v= Sva, »s..�.';.. State of California County of ORANGE On 05/192010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Oat¢ Here Insert Name erM be W the O ¢r personally appeared CRAIG PORTER JENNIFER DE IONGH Commission # 1771180 .m Notary Public - California Orange County MYComm.BOW0028,2011 Place Notary Seal Above Though the intormation below is not required by law, and could prevent fraudulent n3movat and Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signets Name: ❑ Individual G Corporate Officer—Title(s): _ ❑ Partner —O Limited Q General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMaPRINT pF $IGPJCR who proved to me on the basis of satisfactory evidence to be the personA whose name(4 islare subscribed to the within instrument and acknowledged to me that he/slhoA y executed the same in his/her#Heir authorized capaclty(i4, and that by his/heAheW signaturak4 on the instrument the personA, or the entity upon behalf of which the person fly 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. 4jluabj6-to parsons relyrrd-,21the document of this form to another document. Number of Pages: Signer's Nar ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINr OF SIGNER _ 'd {'N {` .'4 +aa VRS { " ;:'a/i y. -• ✓i`_ C:{ti.:'.v {W' {'J':v CY:'v CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/19/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Dam Nave Insert Name and Title of Me'DIOmr personally appeared JAMES N. DUCOTE JENNIFER DE IONGH Commission # 1771166 Z m e Notary Public - California Orange County My Corrm ib Vres 0028,201 1 Place Nomry Seal Abwe who proved to me on the basis of satisfactory evidence to be the personWwhose namsWis/are subscribed to the within instrument and acknowledged to me that he/shei#tW executed the same in hislperligeic authorized capacityroW, and that by fir signaturg,(aron the instrument the personSWor the entity upon behalf of which the personSs)^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. Signature and official seat. OPTIONAL -'�-- Though the Information below is not required by law, it may prove valuable to persons and could prevent fraudulent removal and reattachment of this form to anod 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 O Corporate Officer — Tltle(s): C Partner —❑ Limited ❑ General C Attorney in Fact G Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGNTTH21 FRIHI OF SIGNER Number of Pages: Signer's Name: O Individual the document • Corporate Officer — Thle(s): _ • Partner — ❑ Limited ❑ General O Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTH0111ePRINT OF SIGNER � <_:u<%C•;r4,:.u4iv. .r ua'S Y<L i. 5 S<& _f:11J e r ,. .,: � EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 BOND NO. 105430240 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $4,136.00 , being at the rate of $ 6.70/4.70 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.J. Noble Company, hereinafter designated as the "Principal ", a contract for construction of AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVERIWESTCLIFF STREET REHABILITATION, Contract No. 4091 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. 4091 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 duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty -Seven Thousand, Three Hundred Fifteen and 501100 Dollars ($667,315.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 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 20th day of MAY 2010. Craig Porter. Vice President x R.J. Noble Company (Principal) Authorized ignature(Title TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety OF AMERICA u horized A ent lure 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 MICHAEL D. STONG, ATTORNEY -IN -FACT Address of Surety Print Name and Title (909) 612 -3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/24/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Dare Here Inert Name aM TMe al Ma ualcer personally appeared CRAIG PORTER Nertre s3 d Vargas) +..KS.--- - -- - -- JENNIFER DE IONGH Commission # 1771186 Q Notary Public - California Orange County '- ' Mycorrm.limpkesOC128,2011 ano who proved to me on the basis of satisfactory evidence to be the personA whose name(4 is/are subscribed to the within instrument and acknowledged to me that he /sdeAbay executed the same in his /heAhe r authorized capacity(io9j, and that by his(beHtheir signature;(sr) on the instrument the person(,s'J, or the entity upon behalf of which the persono 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 band and oifictat seat, Place Notery Seal Above Signatur Si<}lamre at RRTry PublIc OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevenf fraudulent removal and reattachment of this form 10 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 —0 Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator Other: Signer Is Representing: RIGHT THUS9aPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Tttle(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUNSPRINT OF SIGNER .v <�G' ✓GW�'eitiu''v pvc ✓%_cJ<:f {GC ✓S�gaVr`4:`!<\ �Y .{i' ✓::q: \Y<:�L<'oG' ✓svr �%�.avralVG`:%<,�G4:!,: �G::S:�!A'ls \ ✓GC ✓,0./< �c.� CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 5/a01/a before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and tide of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persortWwhose name{gris/awsubscribed to the within instrument and acknowledged to me that he /she4lwy executed the same in his4wrAheir authorized capacity(ieA and that by his/hcdgWr signature(pron the instrument the person or the entity upon behalf of which the personfoacted, 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. Swissu r:ooffNotary ic1 R. NA PI COMM. #1796916 NOTARY PUBLIC - CALIFORNIA CO RIVERSIDECOUNTY MY Comm. Exphes June 7, 2012 (Notary Seal) ADDTPIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofadaebed document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Oder 3006 Version CAPA vl ?.10.07 800.873 -9865 www.NotaryClasses.com, INSTRUCTIONS FOR COMPLETING THIS FORM Any aclb— kdgmem canoeted in cd7fanla marr eammn'I,verbtage e=aD as appears above in the notary section or a separate ack oWedgment foal most be properly campkted and anoched m thW document. The only erceplion to if a document Is m be recorded outside of Cakfisrraux in sorb emtam& my ahenmdve arlat"kdgment verbMe as map be prinred on such a dotam ent m long as the verbiage does nW reguIre due rromry m do saserhing Oust is illegal far a notary in Cahfamia f e. certifying the autiwrewd aopaclty of dre s4w). Please check the document ca-jullyforpropermeariel rvording amt attach diisfmm VrMuhvd. • Sutc and County information must be the Slate and County where the document signals) personally appeared before the notary public for scknowkripusat. • Date of notarization must be the dole that the signets) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print bis or her mane as it appears within his or her commission followed by a comae and then your tide (notary pubfc) • Print the nome(s) of document sippers) who personally appear at the time of notarization. • Indicate the correct singular or phool fbrrns by creating off incorrect forms (i.e. he /shoWmy -, is fax) m circling the carer forms. Fanure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression most be elm and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re-seal if a sufficient men permits, otherwise complete a different acknowledgment Toms. • Signature of die notary public must match the signature on file with the office of the canary clerk. 0 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. a Indicate tide or type of attached document. number of pages and date. 6 Indicate the capacity claimed by to signer. If the claimed capacity is a corporate offcw, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to Ibe signed document WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ��. POWER OFATTORNEY TRAVELERSJ Farmington Casualty Company St, Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company "travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003471331 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SL 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 Stales 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, Rosemary Nappi, and Jeremy Pendergast of the City of RJ.V2rsltle , State of C-214fornin , their one 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 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 instrument to be signer and their corporate seals to be hereto affixed, this day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Gompany Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company I st St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �HPe6 PV rMS DZJL rw!!!4 3�' a A d� State of Connecticut City of Hartford ss. By: �- Georg nIxopson, 'or ice President On this the 1St day of February 2010 , 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., St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty mid 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 Tl7 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. * '0L81.1� s► 58440 -4 -09 Printed in U.S.A. Marie C. TetmaAt, Notary Public OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidc�ay and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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: RE SOLVED, 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, wcoguizances, 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 soy 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. 1, Kori M. Johamon, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian 1psryance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unit�5 plts Fit}eljlyC and Guqrnty Company do hereby certify that the above and foregoing is a tree and correct copy of the Power of Attorney executed by said Com ;ahiFhet;$ it9full form.,a tf effect and has not been revoked. IN T ESTDNONY Vi'AEREOF, I have hereunto set my hand and ti�iae9,th @;w of's_gid'?.L'�m0a ies this �J f day of , 20 .rtive Kori M. Johans Assistant Secretary 3G ♦A p crol `` �� er/ps tl lfii ° 4'Nlla `�iN�aR`e i. 1051 SEL.ji gnat To verify the authenticity of this Power of Attorney, call 1- 800.421.3980 or contact us at www.travelersboho.corn. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION PREMIUM INCLUDED IN PERFORMANCE BOND CONTRACT NO. 4091 BOND NO. 105430240 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, hereinafter designated as the "Principal," a contract for construction of AVON STREET, TUSTIN AVENUE, AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION, Contract No. 4091 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. 4091 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 Six Hundred Sixty -Seven Thousand, Three Hundred Fifteen and 501100 Dollars ($667,315.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract. for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the Slate of California. 32 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 Surely, 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 20th day of MAY , 2010. Craig Porter, Vice President x R.J. Noble Company (Principal) Autho ized i aturer'ritle 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 A t orized Agent Si ture MICHAEL D. STONG, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA • ACKNOWLEDGMENT :�4.14.�S,S3L34S.cT<L.jS,y��s 1v:ii,.TY suxs.cn _if, >a:;;':,S�,.'o3 <:c? ��•�sl»:ai;.y.'u »viy.'e:4 <4:i ..w•c':.:. .............. :,..,:ax..�x v State of California County of ORANGE On 05/24/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Dale Fore Inaed Nartw and lde a me Ica! personally appeared CRAIG PORTER Nam(a) of Signer(..) JENNIFER DE IONGH Commission # 1771186 < ;_m Notary Public - California £ Orange County W Comm. Exph mOct28, 2011 who proved to me on the basis of satisfactory evidence to be the personje) whose nameW Ware subscribed to the within instrument and acknowledged to me that helshadba executed the same in his/He;:RHeir authorized capacity(i4, and that by his(4e#Wd* signatureA on the instrument the persona, or the entity upon behalf of which the person;4 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. Place Notary Seat Seal Above t at. at Nmary PWNk OPT'IONA Though the information below is not required bylaw, it may pro fa to persons ly ng 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: G9PRINT TTHRIGOF 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: RIGHTTHGbIDPRINT OF SIGNER 0 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On s /ao fia before me, R. NAPPI "NOTARY PUBLIC" (Here insert twee and title of the aff)oer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persorkWwhose name(Jrris/are- subscribed to the within instrument and acknowledged to me that he /shek#ey executed the same in hisAmwAWeir authorized capacity4it: ), and that by hisAwdthak signatureWon the instrument the persclaW, or the entity upon behalf of which the person0facted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNPS my hand and official seal. S)ghaaa. ofNotory Pu u R. NAM COMM. #1796916 NOTARY PUBLIC - CALIFORNIA RIVERSIDECOUNTY b my Comm. E>witas June7,2012 G (Notary Seel) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description of attached document commued) Number of Pages_ Document Date (Additional infmmmion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Paidner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800.873.9865 anvw.NotmyClasses.rom INSTRUCTIONS FOR COMPLETING THIS FORM Any adarmledgmem coo0ered in CoHibmia am eortmsn verbose amcdy as appears above in the many section or a seprrore ackwhvledgmem form arms be Properly canplued and attached to thin da auw. M only exceprlan v if a dociumeni a sa be recorded omside ofCafifarnia In srrh hutmues, any ahweanve ar nmviedgment verbiage as may be prourd on such a docmtent so long as the verbiage does ,tire require she nowy to do someshing that Is iftegrd, r a nei" m Cahfamia (i e. wifyiev the amhmt ed copadry of the signer). Phan check the dacament aarefallyfor proper ma-1 mardIng and coach dmfarm Ifnegaired. • State mid County infatuation must be the State and County where the document signals) personally appeared hot= the notary public for eeWrowledgmem. • Data of nmarisaton must be the date that the signer(,) personally appeared saftich mist also he the sane date the acknowledgmad is completed. • The many public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Prim the names) of document siyhcr(s) who personally appear a the time of nemriraton • Indicate the correct singular in plural fmms by crossing off nuarrect forms (i.e. he /sheAlhcq� is /are) or circling the cmrect farms. Fahlum to currently indicate this information may )had to rejection of document wcording. • The rotary seat impression must be dear and photographically reproducible. Impriesimh mist not cover test or linen. If seal impression smudges, reseal if a sufficient one permits, otherwise complete a different acknowtedgm at farm. • Signature of the notary public must match the signature on file with the office of the county dcrh. b Additional information is net required but could help to emsae this acknmvledgmem is not misused or attached to u different document. -G Indicate Cite ar type of attached document, member of {ages and dare. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corgi mte officer, indicae Ile title (i.e. CEO, CFO, Secretary). • Securely match this document to the signed document WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -lo Fact No. 222079 Certificate No. 003471331 KNOW ALLMEN BYTHESE PRESENTS: 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 Slate 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, Rosemary Nappi, and Jeremy Pendergast of the City of -- R }ykFg!(tR . State of CQUO ,, :" , 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, moognizances, 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 instrument to be signed mid,ttreir corporate seals to be hereto affixed, this day of February 2010 Farmington Casualty Company . Fidelity and Guaranty insurance Company : _ Fidelity and Guaranty Insurance Underwriters, Inc. 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 United States Fidelity and Guaranty Company �pw84 r4 ' P! 4 e!O IYfe p „IE44g4 Y,��r 4y$ ��``r/ltptp ¢�r'1,� 6 0 sn +�araatm l .aw r` Y' LF E'yb n 1961 E L' 0.L /to SREL State of Connecticut City of Hartford ss. By: Georg Thompson, for ice Resident On this the 16t day of February 2010 , 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., 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, 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.T In Witness Whereof, I hereunto set my hand and official seal. * R My Commission expires the 30th day of June, 2011. * `p Marie C. Teheaulq Notary Public THIS POWER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidemy and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, recognisance, 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 Resident, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or mom 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, recognisance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice Resident, any Senior Vice President or any Vice Resident, 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 mom 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 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 fulure with respect to any bond m understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty hnsurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Ipsuj=m Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uni� '.,,,�gtps Fi4eWand Cauarerity Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Com�utp��d¢,,-whigk i@ iiMll fotce.8ndf effect and has not been revoked. .3a t ., . .�Vkc , IN TESTIMONY WHEREOF, I have hereunto set my hand ea$ a tttatgS o'sajdarh¢miies this 13! day of , 20 �6—. e Kori M. Johan Assistant Secretary Po �r a 'Wo ,Mtp ,enue r.wa ,/mtY1� 19183 o SEAI ag 3. \$.✓ e • P sa. At1 b . .+s To verify the authenticity of this Power of Attorney, ca0 1 -800 -421 -3880 or contact n at www.travelersbond.00m. Please refer to the Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO. 4091 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. 4091 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 1. Lump Sum As Built Plans @ TkFef HddJ7�Ll)ollars and 00 he Cents $ 3ori. Per Lump Sum 2. Lump Sum Mobilization @ ryif*N^ 16404 Dollars and pb n t) Cents $ `3! 000• Per Lump Sum 3. Lump Sum Surveying Services @ P&01'ffF0%"*Wd-j Dollars h V and Cents $ `4 10 bD. °- Per Lump Sum 4. Lump Sum Traffic Control @ PAPA tn/I4 Mjollars and �q/y�� O Cents $ �—T Per Lump Sum PR2of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 210,000 S.F. Variable Depth Cold Mill Asphalt Pavement @ a« Dollars and _Cents $ Sig $ 3-7,900 Per SquaM Foot 6. 2,000 Ton 2 -Inch Thick Asphalt Pavement Overlay @ SI�� J Dollars and L*•P44 f ye Cents $ bq•ZS $ 138'.0. Per Ton 7. Lump Sum Crack Seal @ SAX Thy ✓Bond Dollars and �w► V12 Cents Per Lump Sum 8. 1,600 Ton Crushed Miscellaneous Base @ %4%4" , Tm) Dollars 1., — t e1 7' GI and $ 32. .5 $ 5Zt"O Per T 9. 1,050 Ton 4 -Inch Thick Asphalt Section @ NIAA14 I C& Dollars L/ c,� and T C nts -! �f %Sze Per Ton 10. 36 EA Replace Water Valve Cover to Grade @ M t;l-m Pf' T Dollars and AD Cents $,310,T $ (�. 60• -= Per Each 11. 24 EA Adjust Manhole Frame and Cover to Grade @Tw. HWnJ e+bh Ave rs" and �0 Oa Cents $ 1960,° $ gL(D, Per Each PR3of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 12. 3 EA Adjust Sewer Clleanout to Grade @TL4* AA d f/ Dollars and O� YIA Cents $ 2.(0 0.0° $ -2 Per Each 13. 14. 15. 16. 17 1,500 S.F 900 S.F 810 S.F. 1,100 S.F Remove and Construct 4-inch PCC Sidewalk @ Si X Dollars T and ts $ �• �f t7 Per Square Febt Remove and Construct PCC Driveway Approach @ Nine Dollars and W Cents $ Per Square Foo Remove and Construct PCC Alley Approach $ 8i 3-70• 9- -0 @ Ttii ri-eef% Dollars / and pD SQYGI►�t_Cents $ .10 $ (I OQ Per Square Foot Remove and Construct 8 -Inch Cross Gutter @__,lea%leen Dollars and y1D Cents Per Square Foot 8 EA Remove and Construct PCC Access Ramps Dollars and h'U Cents Per Each $ 191, 700, 00 DO $VVUtj$101 OUO PR4of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 18. 4,000 S.F. Remove Pavement and Place 4" Full Depth AC @ 7htV f Dollars _Dollars and r Cents Per Square Foot' $S,6() ! $ 1 L900 �p 19. 1,700 L.F. Remove and Construct Type "A" PCC Curb and Gutter _Dollars J and ']QYon� �tif Cents $ 33• /� $ �-�7 ✓ / 373• V Per Linear Foot � 20. 2 EA Remove and Construct Traffic Signal Loops @ "T-_ f FfK ol ars and ho �l) J�.a� 930• Cents $ $ Per Each 21. 3 EA Replace Survey Monument Frame and Cover @ Tiye NAM Dollars and KD Cents $ $si.,?p $ Per Each 22. 1 EA Install Febco 825Y RP Backflow Preventer HAW @ �rh�� (% 61%foT Dollars and 0 Cents OV $ $ Oo 1,70o — Per Each 23, 1 EA Install 1 -Inch Water Service Connection 01114 iR'Vit N @ Dollars and Y10 Cents $ &0_-V . D° $ XL& Per Each PR5of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 24. 340 L.F. 1" Sch. 40 PVC Irrigation Line @ E9r6S40 -A Dollars and 0^ Cents N. Per Linear Foot $ 4, 275 °O 25. 180 L.F. 2" Sch. 40 PVC Irrigation Sleeve @ 010I%+ *% Thl'19A Dollars and 5 vdA F $ 23.7r $ 4, 275 °O Per Linear Foot 26. 1 EA Install Toro DDCWP Battery Powered Controller Tw. I�.drrd sego a ` @ I/10 Z-76 -,V 275; V Cents $ $ Per Each 27, 1 EA Instalt Griswold DW Series Valve /u� ��, ff��Ir� (? r t tll+NW�4j f71 ollars and IAA Cents o $l ��" $ i111 Per Each 28. 8 EA Construct Tree Well IrI fFV�%�'� P'�, @a+1C-({M1�SwA@ 1nIt Dollars ,J and 1110 Cents Q�' 00 $ �r ° �•'- $ 1_0 oo. Per Each 29. 8 EA Furnish and Install 14' BTH King Palm @�iVe�lOrS d ' Dollatrs and N C Cents $ S, PA 4' $ u 00 to apa Per Each PR6of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 30. Lump Sum Maintenance and Plant Establishment Pe iod oAtTA1054A 6'iont @Dollars and ha Cents Per Lump Sum 31. Lump Sum Restoration of Private Improvements @ 61411 -. T1,eDollars and N D Cents Per Lump Sum 32. 2,D00 S.F. Install Stamped and Colored Concrete Cross Walks Dollars and s Q A At (A Cents Per Square root 33. Lump Sum Traffic Striping @ Eteve„ 16,j%jDollars and Vth Cents Per Lump Sum $ $.-75- $0O $ or v 00 $ 3 i %o The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). Al. 1 Each Irrigation to Existing Palms on West Side of Riverside I S Dollars and Cents Per Lump Sum M/ 1 I I r PR7of7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS 51X AL1it/�rtQN cvh. SiU y Dw I u and Cents MAY 18, 2010 Date (714) 637 - 15601(714) 637 -6321 Bidder's Telephone and Fax Numbers A- 782908; A Bidder's License No(s). and Classification(s) e M- d d F/ NON Dollars G4.713IS so —' Total Price (Figures) R.J. NOBLE COMPANY M Bidder's Au orize igg�nature nd Title STEVE ME OZA, ECRETARI� 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidder's Address Bidder's email address: JENNIFERDEIONGH @RJNOBLECOMPANY.COM Last saved by srooks04 120/2010 5:16 PM f:WserslpbvAshare&wn ractsVy 09-10tdover- westdiffdusdrfavo"- iew rehab D4091\proposal 04091.doc 05/17/2010 NON 12:19 FAX 0002/002 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT a91114iGP1if l►Ce]Ki AVON- TUSTIN- OCEANVIEW REHAB AND DOVERIWESTCLIFF STREET REHAB COI DATE: May 13, 2010 BY: TO: ALL PLANHOLDERS REQUESTED CLARIFICATION Payment for the removal and disposal of the 6 -foot sections of the existing asphalt and base on Westcliff /Dover Drive shall be paid for in the unit prices of Item #8 — Crushed Miscellaneous Base and Item #9 —4-Inch Thick Asphalt Section. No separate payment for removal and disposal shall be made. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. R.J. Noble Company Bidder's Name (Please Print) 05/17/2010 Date X ?112 AutlhowiiedylgnatiWe & Title Steve Mendoza, Secretary c:ldocuments and settingsltsandefurldesktopladdendum no 1.doc CERTIFICATE OF LIABILITY INSURANCE 5/20/2010 PRODUCER (949) 486 -7900 FAX: (949) 486 -7950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Patriot Risk and Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #OG55454 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 8105 Irvine Center Dr. #400 Irvine CA 92618 INSURERS AFFORDING COVERAGE NAIC # R. J. Noble Company, Inc. 15505 Lincoln Ave. P O Box 620 CA 92856 -9020 faTa1T1�:7_[r17 -9 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL Attn: Shauna Lyn Oyler POLICY NUMBER POLICYP.FFECTIVE POLICYEXPIRABON ATE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 P EMIS e $ 300,000 A X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE ❑ OCCUR C09322BO93TIL09 7/1/2009 7/1/2010 MEDEXP(An one on ) $ 5 000 PERSONAL$ ADV INJURY $ 1.000.000, X $50,000 Deductible GENERAL AGGREGATE S 2,000,0001 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 2,000,000 POLICY X PRO- _1 LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea eafdem) $ 1,000,000 X BODILY INJURY (Per Pawn) S A ALL OWNED AUTOS SCHEDULED AUTOS CAP932232142609 No Deductible for Auto 7/1/2009 7/1/2010 X BODILY INJURY (Pw aoddwt) $ HIRED AUTOS NON -OWNED AUTOS Liability X X PROPERTY DAMAGE (Per ecclda"q S Comp Ded $1,DOD X cau Dee $1,000 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESSfUMBRELLALIABILITY EACH OCCURRENCE $ 10,000,000 X1 OCCUR F-1 CLAIMS MADE AGGREGATE S 10,000,000 S S B DEDUCTIBLE 71C2000309091 7/1/2009 7/1/2010 X S RETENTION $ 1,050,00C I A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE X I WCSTATU- I OTH. IMITS ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER44EMBER EXCLUDED? (Mandatary M NH) VTEUB9323B11009 7/1/2009 7/1/2010 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, doswba wdw SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $ 11000.000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Re: RJN #91273 Avon Street, Tustin Avenue and Oceanview Avenue, Street Rehabilitation and Dover /Wastcliff Street Rehabilitation Contract #4091 City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named Additional Insured, Primary 6 Non- Contributory and Waiver of Subrogation as respects to General and Auto Liability per endorsements CG2010 0704, CG2037 0704, CGD3160704, CA2048 0299 and CILT3530609 attached where required by written rCOTICIrATC unI nco rAMrCI I ATInu ACORD 26 (2009101) 01911111-2009 ACORD CONFUNA I RJN. An rlgnts reSSNea. INS025 (200907( The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL NVOYEIII)IMMAIL *30 DAYS WRITTEN Public Works Specialist Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shauna Lyn Oyler 3300 Newport Blvd. Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE L ziminsky /CORINN ACORD 26 (2009101) 01911111-2009 ACORD CONFUNA I RJN. An rlgnts reSSNea. INS025 (200907( The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. F-11919 M'314-1 INS025 (200901) COMMENTS /REMARKS contract. Workers Compensation Waiver of Subrogation applies per endorsement WC99037600 attached. *10 day notice of cancellation in the event of non - payment of premium. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I R.J. Noble Company POLICY NUMBER: C09322B893TIL09 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Newport Beach, its elected or Re: RJN #91273 appointed officers, agents, officials, Avon Street, Tustin Avenue & Oceanview employees, and volunteers Avenue, Street Rehabilitation and Dover /Westcliff Street Rehabilitation Contract #4091 Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on, your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. CG 20 10 07 04 m ISO Properties, Inc., 2004 Page 1 of 1 0 R.J. Noble Co. C09322BB93TIL09 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers Location And Description Of Completed Operations Re: RJN #91273 Avon Street, Tustin Avenue and Oceanview Avenue, Street Rehabilitation and DoverNVestcliff Street Rehabilitation Contract #4091 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ". CG 20 37 07 04 CG D3 16 07 04 R. J. NOBLE POLICY# C09322BS93TIL09 Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only unfit the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 3. This Provision A. does not apply to any person or organization for which coverage is excluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU CG- D3 16 07 04 Page 2 of 6 1. The last paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section 111 Limits Of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5, above, the Damage To Premises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that' indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "Insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED —MANAGERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed In a written contract, executed before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: CG. D3 16 07 04 Page 3 of 6 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever are less. 2. The insurance afforded to the additional Insured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an offense which is committed, after you cease to be a tenant in that premises; b. Any premises for which coverage is excluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional Insured is excess over any valid and collectible "other Insurance" available to such additional insured, unless you have agreed in the written contract that this Insurance must be primary to, or non - contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following Is added to paragraph 1. insuring Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan services" are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN INSURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their employment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I— Coverages): (This insurance does not apply to:) "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. 4. For the purposes of determining the applicable limits of insurance, any act or omission together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part, F. EXTENSION OF COVERAGE — BODILY INJURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the following: "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY —RAILROADS 1. Paragraph c. of the definition of "insured contract" (DEFINITIONS — Section V) is deleted and replaced by the following: CG D3 16 07 04 Page 4 of 6 c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is deleted. H. ADDITIONAL INSURED — STATE OR POLITICAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdivision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "personal injury" or "advertising Injury" arising out of operations performed for the state or political subdivision; or b. "Bodily injury" or "property damage" included in the "products- completed operations hazard ". 1. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. if this insurance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insurance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work'; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage"' to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos ", or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit". If no provider of "other Insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - Insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method Of Sharing CG D3 16 07 04 Page 5 of 6 If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of Insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers of Insurance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Personal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSURANCE (Section 111) applies; (3) Any risk retention group; (4) Any self - insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (Section I - Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is Increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Occurrence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence' or offense has been reported to you, one of your- "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occurrence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" that causes "bodily injury" or "property damage° which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error In, any information provided by you which we relied upon CG-D3 16 07 04 Page 6 of 6 in issuing this policy shall not prejudice your rights under this insurance. However, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regulations. M. PERSONAL INJURY — ASSUMED BY CONTRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "Insured contract', reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal Injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: d. The allegations in the "suit' and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the Interests of the insured and the interests of the indemnitee; 3. The third sentence of Paragraph 2 of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury, Advertising Injury And Web Site Injury Liability, such payments will not be deemed to be damages for "bodily injury' and "property damage ", or damages for "personal injury", and will not reduce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability Is excluded by endorsement. N. BLANKET ADDITIONAL INSURED —LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, executed before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed, to name as an additional insured, but only with respect to their liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of Insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever are less. 2. The insurance afforded to the additional insured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an offense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional insured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the written contract that this insurance must be primary to, or non - contributory with, such "other insurance". CG D3 16 07 04 r tM.l 1_4gal Nes"es 02008 The Tmvelem Companies, Inc. R. J. Noble Company Policy # CAP9322B42609 CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Policy #CAP9322B42609 R.J. Noble Company CA T3 53 06 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE - GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph AA., Who Is An Insured, of SECTION 11- LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Paragraph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (1) With respect to any claim made or "suit' brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions. (b) Neither you nor any other involved "insured" will make any settlement without our consent. (c) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit (d) We will reimburse the "insured ": (1) For sums that the "insured" legally must pay as damages because of "bodily injury' or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (4) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Paragraph A,4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph AA., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured "; and (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss ". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. CA T3 53 06 09 WC 99 03 76 00 R. J. Noble Company Policy #VTEUB9323611009 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER WC 99 03 76 00 Job Description CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 05/26/10 Dept. /Contact Received From: Shauna Oyler Date Completed: 05/26110 Sent to: Shauna Oyler By: Casey Rogers Company /Person required to have certificate: R.J. Noble Service(s) Provided: I. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casual B. EFFECTIVE DATES: 07/01/09 to 07/01/10 C. AM BEST RATING (A-: VII or greater): "A +" (XV) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus E. LIMITS (Must be $1 M or greater): What is limit provided? $10,000,000 Umbrella F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No I. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No J. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualt B. EFFECTIVE DATES: 07/01/09 to 07/01/10 C. AM BEST RATING (A-: VII or greater) "A +" (XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? n/a ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. A. INSURANCE COMPANY: Travelers Property Casualty B. EFFECTIVE DATES: 07101/09 to 07/01/10 C. AM BEST RATING (A -: VII or greater): "A +" (XV) D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Caseto ftww tz.ngers Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management Comments: Approved: Risk Management Date 05/20/10 initials // 1111IIIm WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER n01k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003471349 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duty 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, Rosemary Nappi, and Jeremy Pendergast of the City of Riverside , Stele of Ql(F M. Q , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if mote 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 instrument to be signed and their corporate seals to be hereto affixed, this day of February 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surely Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company e_8`f �P.txdUq erO"tY O 19*g 127 -"�•wutU .. • - SI xaOSl.eihi Z EtRP0.4SfF;P �p �t Rg, ;y4t+icrFYYi � l>p 19$1 aO2xxcc >�E t83L!g° State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 1St day of February 2010 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Famdngton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL 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. aT In Witness Whereof, l hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. O p�k p } 58440 -4 -09 Printed in U.S.A. `Cf\cam e'. tj� Made C. Teneault, Notary Public POWER OF This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity. and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 Attorneys -in -Fact and Agents in 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 revolve the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairram, 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 soy Vice President, any Second Vice President, the Treasumr, 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 m 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 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, Koti M. Johanson, the undersigned,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fite 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 Unitq s Frde*md G ty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Com,whiclp,iiPfull fltl effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand ' S`Pm"` tbg*+* of skid jfanies this� day of , 201 ' Kori M. Johans Assistant Secretary ease r a !r �tgy y,sa tar aya gglearMtry Mb B n ff Ip aww I uaab9 ��;�r09.r e 7 $ SE L .......L To verify the authenticity of this Power of Attorney, call 1- 800421 -3880 or contact us at www.travelersbond.com. Please refer to the Atomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS AVON, TUSTIN, OCEANVIEW STREET REHABILITATION AND DOVER (RESIDENTIAL). WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4 -1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 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 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -5 PERMITS 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -102 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 14 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201 -1 PORTLAND CEMENT CONCRETE 15 201 -1.1.2 Concrete Specified by Class 15 201-4 CONCRETE CURING MATERIALS 15 201 -4.1.1 General 15 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 15 212 -1 LANDSCAPE MATERIALS 15 212 -1.1 Topsoil 15 212 -1.1.1 General 15 212 -1.44 Plants 15 212 -1.4.2 Trees 15 212 -1.6 Root Barriers 15 212.2 IRRIGATION SYSTEM MATERIALS 15 SECTION 214 PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 214 -5 REFLECTIVE PAVEMENT MARKERS 16 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 16 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 17 302 -5 ASPHALT CONCRETE PAVEMENT 17 302 -5.1 General 17 302 -5.4 Tack Coat 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302 -6.6 Curing 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 17 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 17 303 -5.1.1 General 18 303 -5.4 Joints 18 303 -5.4.1 General 18 303 -5.5 Finishing 18 303 -5.5.1 General 18 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 18 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 18 307 -4 TRAFFIC SIGNAL CONSTRUCTION 18 307 -4.9.3 Inductive Loops 18 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 19 308 -1 GENERAL 19 308 -4 PLANTING 20 308 -43 Layout and Plant Location 20 308.6 MAINTENANCE AND PLANT ESTABLISHMENT 20 308 -9 PLANT GAURANTEE AND REPLACEMENT 20 SECTION 310 PAINTING 20 310 -5 PAINTING VARIOUS SURFACES 20 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 20 310 -5.6.7 Layout, Alignment and Spotting 20 310 -5.6.8 Application of Paint 21 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 21 312 -1 PLACEMENT 21 APPENDIX A: CITY APPROVED IRRIGATION MATERIALS Last saved by srooks04 120!2010 5:30 PM f: \users \pbw\shared\contracts\fy 09 -10\ lover- westcliff- tustin- avon-oview rehab c- 4091\specs_index c409Idoc CITY OF NEWPORT BEACH IF C6148S PUBLIC WORKS DEPARTMENT f. fJRjU'` // SPECIAL PROVISIONS (RESIDENTIAL), WESTCLIFF STREET REHABILITATION CONTRACT NO. 4091 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- 5994 -S); (3) the City's Standard Special Provisions and Standard Drawinos 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 removing and replacing existing asphalt road surface, removing and replacing existing curb and gutter, removing and replacing sidewalk, adjusting interfering utilities to grade, installing new cross - gutter, installing new decorative stamped concrete crosswalks, installing new irrigation system and providing, planting, and establishing new trees in tree grates." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The 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 :ti �_,_. *�' ,;_ ,{Nye,„ �, a�e� ,� ,_� ___ SP2OF22 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 during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP3OF22 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 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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 will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 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 -3432. SP4OF22 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that 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 60 consecutive working days after the date on the Notice to Proceed. The 90 day plant establishment and maintenance period is not included. 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 Monday in February (President's Day), the last Monday in May (Memorial Day), July 41" the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24t" (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondv is a holiday. If January 1st, July 4', November 11th December 24th December 25 or December 31st falls on a Saturday, the Friday before is a holiday." SP5OF22 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. Paving operations shall be limited to 8:00 a.m. to 4:30 p.m. on residential streets. 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 3:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this section: "The Contractor shall follow the provisions of the Caltrans Encroachment Permit contained in Appendix B of these Special Provisions and incorporated herein and pay for all necessary fees associated with Caltrans requirements. The Contractor will also be responsible for acquiring a County of Orange Encroachment Permit in order to do work at the end of Dover Drive and pay for all necessary fees associated with this requirement." 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 SP6OF22 seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. 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." 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. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 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 www .newportbeacca.00v /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 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: SP7O1`22 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 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. 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 construction operations, particularly sidewalk 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 shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. 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." SP8OF22 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 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 SP9OF22 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. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 10 OF 22 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 following items of work pertain to the bid items included within the Proposal: Item No. 1 As Built Plans Item No. 2 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. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other 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. 4 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control 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 sign, K -rail, temporary striping, 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. 5 Variable Depth Cold Mill Asphalt Pavement: Work under this item shall include lowering existing utility boxes and manhole cones below existing grade and cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 6 2 -inch Thick Asphalt Pavement Overlay: Work under this item shall include constructing 2 -inch thick asphalt pavement overlay and leveling course where required and all other work items as required to complete the work in place. Item No. 7 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 SP 11 OF 22 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. Item No. 8 Crushed Miscellaneous Base: Work under this item shall include constructing supplying and installing crushed miscellaneous base as shown on the plans and all other work items as required to complete the work in place. Item No. 9 4 -inch Thick Asphalt Section: Work under this item shall include constructing 4 -inch thick asphalt pavement as shown on the plans and all other work items as required to complete the work in place. Item No. 10 Replace Water Valve Cover to Grade: Work under this item shall include the replacement with new of all water valve frames and covers and adjusting of all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 11 Adjust Manhole Frame and Cover to Grade: Work under this item shall include providing new manhole frame and covers and adjusting of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 12 Adjust Sewer Cleanout to Grade: Work under this item shall include removing pavement, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, disposing of excess excavated materials, and all other work items as required to complete the work in place. Item No. 13 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk or AC pavement, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 14 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 15 Remove and Construct P.C.C. Alley Approach: Work under this item shall include removing existing improvements and constructing P.C.C. alley approach and all other work items as required to complete the work in place. Item No. 16Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, 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. SP 12 OF 22 Item No. 17 Remove and Construct P.C.C. Access Ramp: Work under this item shall include removing existing improvements and constructing P.C.C. access ramps, and all other work items as required to complete the work in place. Item No. 18 Remove pavement and Place 4" Full Depth AC (Digouts): Work under this item shall include removing existing asphalt pavement, base, and subgrade and constructing new asphalt pavement as shown on the Plan and all other work items as required to complete the work in place. Item No. 19 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 20 Remove and Replace Traffic Signal Loops: Work under this item shall include providing and installing traffic signal loops and wiring and all other work items as required to complete the work in place. Item No. 21 Replace Survey Monument Frame and Cover: Work under this item shall include removing, replacing, adjusting, lowering and raising during paving operation, of all survey monument frame and cover to grade and all other work items as required to complete the work in place. Item No. 22 Install Febco 825Y RP Backflow Preventer: Work under this item shall include providing and installing specified backflow, backfilling, providing utility box, as shown on the Plan, and all other work items as required to complete the work in place. Item No. 23 Install 1 -Inch Water Service Connection: Work under this item shall include providing and installing specified service connection, including shut - downs, excavation, backfilling, and all other work items as required to complete the work in place. Item No. 24 1 -inch Schedule 40 PVC Irrigation Line: Work under this item shall include installing all pipe material including, but not limited to, bore pit excavation, boring the line, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to.complete the work in place. SP 13 OF 22 Item No. 25 2 -inch Schedule 40 PVC Irrigation Sleeve: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 26 Install Toro DDCWP Battery Powered Controller: Work under this item shall include furnishing and installing new irrigation controller including wiring, connection to new and existing irrigation lines and heads, and programming and all other work items as required to complete the work in place. Item No. 27 Install Griswold DW Series Valve: Work under this item shall include furnishing and installing new Griswold DW Series Valve including connection to irrigation system, fittings, compaction, backfill and all other work items as required to complete the work in place. Item No. 28 Construct Tree Well: Work under this item shall include removing existing concrete pavement, sidewalk, or other existing improvement, removal and disposal of existing soil and plants, providing and installing washed pilaster sand, furnishing and installing irrigation heads, connecting to irrigation system, installing vent pipes, furnishing and installing tree grate cover and frame, and all other work items as required to complete the work in place. Item No. 29 Install 14 -foot BTH Archonoto phoenix Cunninghamiana (King Palm): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 30 Maintenance and Plant Establishment Period (90 Days): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, replacement plant materials, supervision and all other items necessary to maintain and establish the new trees. Item No. 31 Restoration of Private Improvements: Work under this item shall include, as determined necessary by the Engineer, removal of USA markings, repair, restoration, or reconstruction of all existing private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, planters, mail boxes, painting of various surfaces, ornaments and other decorative items required to complete the work in place. SP 14 OF 22 Item No. 32 Install Stamped and Colored Concrete Cross Walk: Work under this item shall include forming and pouring a sample section of cross walk, removing and disposing of the existing roadway, subgrade compaction, forming, pouring and coloring P.C.C. cross walk as shown on the Plan, 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. 33 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. ADDITIVE BID ITEMS Item No. Al Irrigation to Existing Palms on Riverside: Work under this item shall include additional Schedule 40 PVC piping, boring, removal of existing sidewalk, replacement of sidewalk, fittings, irrigation heads couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to irrigate the nine existing palm trees on the West side of Riverside. 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." SP 15 OF 22 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." 201 -4 CONCRETE CURING MATERIALS 201 -4.1.1 General Add to this section: "The decorative crosswalks, as shown on the plans, shall be colored using a Scofield shake -on color hardener or approved equal. Prior to pouring any decorative concrete sections a sample will be constructed by the Contractor for approval of the colors and construction quality by the City. After approval, it is the Contractor's responsibility to dispose of sample. The sample will be available to the City two weeks prior to any scheduled decorative paving pour." SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.1 Topsoil. 212.1.1.1 General Add to this section: "All plantings for this project will be in washed pilaster sand as approved by the City." 212 -1.4 Plants. 212 -1.4.2 Trees. Trees shall be King Palms (Archonotophoenix Cunninghamiana). Prior to transporting trees to project site, Contractor shall submit color photographs of several representative trees for City approval. Photographs shall be taken at the nursery and of trees that will be planted as part of this contract. King Palms shall have a Brown Trunk Height of 14' 212 -1.6 Root Barriers. Root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 10 -ft long, 24 -inch deep behind the back of curb. Refer to Section 308 -4.3 and construction drawings for locations of root barriers. 212 -2 IRRIGATION SYSTEM MATERIALS. Contractor shall use irrigation materials listed on the City Standard Irrigation Materials List. Refer to Appendix A for approved City irrigation materials. SP 16 OF 22 SECTION 214--- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www /newi)ortbeachca .goy /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. " 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 '% inch" of the last sentence with the words "two (2) inches'. SP 17 OF 22 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 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 -62 -AR -4000. All cracks Y< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 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-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements SP 18 OF 22 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 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." 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 -513 and shall be Type A or Type E spaced ten feet apart, and shall extend one foot into the crosswalk. 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. SP 19 OF 22 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 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. 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. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root 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. SP 20 OF 22 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 308 -4 PLANTING 308 -4.3 Layout and Plant Location. Contractor shall stake out tree locations prior to planting for City approval. 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT. After all planting is completed, the Contractor shall schedule a meeting with the City Inspector to approve the planting and begin the 90 calendar day maintenance and plant establishment period. Any materials found to be dead, missing or in poor condition during the Maintenance and Plant Establishment Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. 308 -9 PLANT GAURANTEE AND REPLACEMENT All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year from the effective date of completion of the Maintenance and Plant Establishment period. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." SP 21 OF 22 310 -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 or slurry." SP 22 OF 22 APPENDIX A: CITY APPROVED IRRIGATION MATERIALS F:Wsers\PBW\Shared \Contracts%FY 09-10\ Dover - Westcliff -Tustn Avon -OView Rehab G4091 \SPECS C- 4091.doc "s Heads Parks Division Standard Irrigation Materials List Toro 570Z- PRX -COM with Precision Series Spray Nozzle (small turf areas) Rain Bird 3500 (small /medium turf areas) Rain Bird 5000 (medium turf areas) Toro TR50XT (medium /large turf) Toro TR70XTP or Toro 2001 (large turf areas) Toro 570- PRX -COM with Precision Series Rotating Nozzle (slopes & groundcover areas) Controller Rain Master Evolution DX2 irrigation controller with flow, radio & antenna Drip and specialized low- volume irrigation Rain Bird Xerigation Jardinier Surface Flow Irrigation Toro Precision Series Rotating Nozzle Battery Powered Irrigation Controller Miscellaneous Spears # DS -100 Dri- Splice Connectors with crimp sleeves Spears # DS -300 Dri - Splice Sealant Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) Griswold 2160 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Matco 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -1/2" and smaller) Rectangle Valve Box - Plastic -18 "L x 12 "W x 12 "D Round Valve Box- Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor