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HomeMy WebLinkAboutC-4095 - Kings Road / Kings Place Pavement Reconstruction�G Recorded in official Records, Orange County RECORDING REQUESTED BY PL- Miiy,,clerk-Recorder I IIIIINO FEE WHEN RECORDED RETUR%1, 0• 2009000672787 3:23 pm 12/15/09 LULU fA� _S Mt* 0 N12 1 City Clerk OF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THE City of Newport Beach OCIICC CL 3300 Newport Boulevard R 0 EWPORTT B . Newport Beach, CA 92663/�>✓H "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, R.J. Noble Company, of Orange, California, as Contractor, entered into a Contract on May 26, 2009. Said Contract set forth certain improvements, as follows: Kings Road/Kings Place Pavement Reconstruction (C-4095) Work on said Contract was completed, and was found to be acceptable on December 8, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. KWorks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 9,®� , at Newport Beach, California. BY City Clerk 41. b,� 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC December 8, 2010 Mr. Michael J. Carver R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Kings Road/Kings Place Pavement Reconstruction (C-4095) Dear Mr. Carver: On December 81 2009, 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 December 15, 2009. Reference No. 2009000672787. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 105210304. Enclosed is the Faithful Performance Bond. Sincereli/) elooTy Leil ' 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 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 10, 2010 Mr. Michael J. Carver R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Kings Road/ Kings Place Pavement Reconstruction (C4095) Dear Mr. Carver: On December 8, 2009, 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 December 15, 2009, Reference No. 2009000672787. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 105210304. Enclosed is the Labor & Materials Payment Bond. Sincerely, 0(� Q 6�� 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 0 0 RECORDING REQUESTED BYIPFIVED WHEN RECORDED RETURf��, OJAN -5 AN Q- 02 City Clerk City of Newport Beach OFFICE THEF 3300 Newport Boulevard A1YOF CfTy CLF Bp i 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, R.J. Noble Company, of Oran e, California, as Contractor, entered into a Contract on May 26, 2009. Said Contract set forth certain improvements, as follows: Kings Road/Kings Place Pavement Reconstruction (C-4095) Work on said Contract was completed, and was found to be acceptable on December 8. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. 16 Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /� Executed on // kv , at Newport Beach, California. BY Vt• City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC December 9, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following project: Kings Road/Kings Place Pavement Reconstruction (C-4095) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincer y, Leilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, R.J. Noble Company, of Orange, California, as Contractor, entered into a Contract on May 26, 2009. Said Contract set forth certain improvements, as follows: Kings Road/Kings Place Pavement Reconstruction (C-4095) Work on said Contract was completed, and was found to be acceptable on December 8. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. Norks 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 9, /,VO at Newport Beach, California. BY Vex' m �- (PTS City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT December 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949-644-3312 or tsandefur@newportbeachca.gov SUBJECT: KINGS ROAD / KINGS PLACE PAVEMENT RECONSTRUCTION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4095 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 Actual Contract Time UnderTime or Award Amount Completion Target Time (days) Over $647,404.20 $679,367.46 Contract Contract+10% 60 25 +5% Discussion: On May 26, 2009 the City Council authorized the award of the Kings Road / Kings Place Pavement Reconstruction to The R.J. Noble Company. The contract provided for the removal of the existing roadway and subgrade, the installation of new base and asphalt, the replacement of deteriorated curb and gutter, and the point repair of two sewer lines on Kings Road and Kings Place. In addition, the contract also included the installation of a traffic circle at the intersection of Santa Ana Avenue and Clay Street. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Kings Roo,. / Kings Place Pavement Reconstruction - Completion and Acceptance of Contract No. 4095 December 8, 2009 Page 2 Original bid amount: Actual cost of bid items constructed: Total change orders: Final contract cost: $647,404.20 $612,774.06 $66,593.40 $679,367.46 The decrease in the actual amount of bid items constructed over the original bid amount resulted from a decrease in the measured amount of curb and gutter, driveway approaches, and actual square footage of asphalt and base installed. In addition, there were two change orders totaling $66,593.40. The change orders were for the following: Item No. Description Amount 1 Overexcavation of unsuitable subgrade under the curb $22,603.39 and gutters and replacement with crushed miscellaneous base. 2 Overexcavation of unsuitable subgrade in the street and $43,990.01 replacement with asphalt. Total Project Change Orders $66,593.40 The change orders were the result of overexcavation necessary to remove unsuitable subgrade. The existing subgrade was saturated and unable to reach required compaction. To ensure roadway integrity, the unsuitable material was removed and replaced with crushed miscellaneous base under the curb and gutter sections and additional asphalt in the street sections. The amount charged by the contractor represents the time and materials required to do this work. A summary of the project schedule is as follows: Estimated completion date per June 2008 Schedule: January 9, 2009 Project Award for construction: May 26, 2009 Date of Notice To Proceed (NTP): July 28, 2009 Contract Completion Date per NTP & Approved Extensions: October 22, 2009 Actual Construction Completion Date: September 17, 2009 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. Kings R• / Kings Place Pavement Reconstruction - Completitand Acceptance of Contract No. 4095 December 8, 2009 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City -prepared construction informational notices were distributed by the Contractor to Kings Road residents 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, prior to beginning the work, the City and the Contractor held an informational meeting with the residents on the job site. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $687,028.91 Materials/Geotechnical Testing 1,240.00 Incidentals 320.77 Total Project Cost $688,589.68 Funds for the construction project were expended from the following account: Account Description Prop 42 CAP Gas Tax Transportation and Circulation Prepared by: Tom Sandefur Associate Civil Engineer Account Number 7251-C2002020 7181-C2002020 7261-C3001004 Total Submitted by: Amount $282,612.00 $378,126.26 $18,629.20 $679,367.46 :rye Badum Works Director 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 291h day of April 2009, at which time such bids shall be opened and read for KINGS ROAD /KINGS PLACE PAVEMENT RECONSTRUCTION Title of Project Contract No. 4095 $675,000 Engineer's Estimate by o0hen G. Badum lic Works Director Prospective bidders may obtain one set of bid documents for $20.00 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 Thomas Sandefur, Proiect Manager at (949) 644- Thomas Sandefur BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http7//www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPubiicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD /KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ...............................:..... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ........................................... ...................... I__..................... SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION ONTRACT NO. 4095 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 3 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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 Class A Contractor's License No. & Classification R.J. Noble Company Bidder X Aut rized Signature/Title Michael J. Carver, President April 29, 2009 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 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 KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION, Contract No. 4095 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 23rd day of APRIL R.J. NOBLE COMPANY Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF Name of Surety AMERICA 21688 GATEWAY CENTER DR DIAMOND BAR CA 91765 Address of Surety (909) 612-3000 Telephone , 2009. MICHAEL D. STONG, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) State of California County of ORANGE On 04/24/09 Date saa0wa.1 a 0M before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER Name(s) of Signers) JENNIFER DE IONGH Commission # 1771186 Notary Public - California z Z ° Orange County My Comm. Expires Oct 28, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persono) whose name4g) is/ora subscribed to the within instrument and acknowledged to me that he/may executed the same in his/14sr>4heir authorized capacity(ieg), and that by his/4wAhoi.F, signaturek< on the instrument the personA, or the entity upon behalf of which the personV 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 mv.,hand and Sig OPTIONAL -� Though the information below is not required by law, it may prove valuable to pet and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): El Partner Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Notary on the document Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. of thumb here ---------------------- © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 05907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On q_,'3—Lj personally appeared before me, R. NAPPI "NOTARY PUBLIC" MICHAEL D. STONG (Here insert name and title of the officer) who proved to the on the basis of satisfactory evidence to be the person.wwhose name(irfis/arc subscribed to the within instrument and acknowledged to me that he/she,441,ey executed the same in his/heMnheli authorized capacitykij:4 and that by his/Iwd4 4rk signature(,<on the instrument the personX, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. N APPI _ COMM. #1796916 NOTARY PUBLIC •CALIFORNIA iie_ &,09� (Notary °C RIVERSIDECOUNTY Signature of Notary Public qty Comm, Expires Jinn 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached 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) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v 12.10.07 800-873-9865 t�ivw.NotarvClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM .dnr acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgtneru form must be properir completed and attached to that document. The onlr exception is if a docuaent is to be recorded outside of California. In such instances, am alternative acknmriedgment verbiage as map be printed on such a docnnnent so long as the verbiage does not require the notary to do something that is illegal for a notarr in California (i.e. certifying the authorized capaci), of the signer). Please check the document carefully for proper notarial hording 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. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date 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 name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e He/she/#wy- is /ere ) 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. It* seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the 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 to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is n corporate oil -jeer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document WARNIj�HIS POWER OF ATTORNEY IS INVALID WITHOUT THEBORDER AW I POWER OF ATTORNEY t TRAVELERS.1 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219372 Certificate No. 0 0 2 4 4 0 4 2 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Rosemary Cisneros, and Jeremy Pendergast of the City of Riverside , State of California ,their true and lawful Attorneys) -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 an_ y loons oar proceedings allowed by law. � v*`" 28th IN WITNF,S$ WHEREOF, the Compeas-have caused this instri-q ent,to be signed and their corporate seals to be hereto affixed, this July LL11111111ts day of £, . Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SUA � SUREI FIRE mr�..-:R S"...e �Wn°.ep y 6 \pN Nsv i ', PITY 4N0 SUB TY ,-� P"�afJ � � * � 4r .. � �P rt•ORGORA>9�i iP�I.' ..'LO., bg G'P 3 � \ C �' b" n � WCORFDRATED Tz ry z �! F:m. iW:pORPORAT'Cr� ; OFMEW "a� m ��� ,1S . AH�ji °'15........:*�a}„ sy �a t vo •/��//� State of Connecticut City of Hartford ss. By: At�_� Georg Thompson,enior ice President 28th July 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, 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. 0#* In Witness Whereof, I hereunto set my hand and official seal.Ftir My Commission expires the 30th day of June, 2011.OW 58440-5-07 Printed in U.S.A. Marie C. Tetreault, Notary Public Best's Rating Center - Comr --,y Information for Travelers Casual` and Surety ... 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Best I Site Map I Privacy Policy I Security I Te-rms_of Use I Legal& Licensing http://www3.ambest.com/ratings/FuIIProfile.asp?B1=0&AMBNum=3609&AItSrc=... 04/29/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 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 °i° of Number Total Bid Name: BOB WETZEL CONCRETE i b/ Ia/ Address: 1419 KEEGAN SANTA ANA, CA 92701 19, Zb/ Phone: 714-538-9605 State License Number: 393934 A Name: ELITE BOB 5, (o, -718 Address: 1320 E. SIXTH ST STE.100 q� Iq, / - CORONA, CA 92879 13 15 Ut1 l (f� Rdj ustnnf Phone: 951-279-6869 State License Number: 720016 A Name: O I9p_ Cc)un S-hipt Address: I g_ Cit Phone: -7(q _ X039 _ 14S50 State License Number: qIp 07S C -37- R. J. Noble Company Bidder X Aut rized ignature/Title Michael J. Carver, President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 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 Name:C0ce LOMSu Nt� 1 nG Address: ���! N , �1 .� J bhon y SUrV 1°u ,lA oZalog J Phone:( ( q (� 8 _ 3 9 � 2 �?3 State License Number: Name: UAII' Gf Cl f7 2Jr Address: qOX Bormnco- Pk -w y TU r -F - TrvtnLI N 9260V Phone,�W n -t - *?(v _State License Number: Name: Address: Phone: State License Number: R. J. Noble Company 4116 'i M % of Total Bid X Aut rized ignature/Title Michael J. Carver, President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type Bidders Name R.J. Noble Company FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 1st Street & Edinger Ave Pavement Rehab Project Name/Number Project Description Pavement Rehabilitation Approximate Construction Dates: From June 2007 To: November 2007 Agency Name City of Santa Ana Contact Person Ed Torrez Telephone ( )714-647-5432 1,035,915 0 1,090,253.98 Original Contract Amount $ final Contract Amount $ 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. no 0 No. 2 Project Name/Number Caj alco Road Project Description Street Improvements Approximate Construction Dates: From June 2007 To: December 2007 Agency Name County of Riverside Contact Person Stan Dery ?� Telephone ( ) 951-955-6742 Original Contract Amount $ 4'628'24'' sinal Contract Amount $ 4,406,943.40 If final amount is different from original, please explain (change orders, extra work, etc.) Items deleted Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number Orange Avenue Project Description Street Improvements Approximate Construction Dates: From Feb 2007 To: August 2008 Agency Name City of Anaheim Contact Person Richard Aguirre Telephone ( ) 714-765-6864 1,402,587 20 1,435,796.65 Original Contract Amount $ _final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Change order 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 2006-2007 Arterial Rehabilitation Project Description Street Rehabilitation Approximate Construction Dates: From Sept 2007 . To: August 2008 Agency Name City of Huntington Beach Contact Person Dave Verone Telephone ( ) 714-536-5221 Original Contract Amount $ ......... ,036'984 Final Contract Amount $ 4,140, 617.99 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. No No. 5 Project Name/Number Ave San Pablo Project Description Street Improvements Approximate Construction Dates: From Jan 2 0 0 8 To: March 2008 Agency Name City, of San Clemente Contact Person Gary Voborsky Telephone ( ) 949-361-6118 Original Contract Amount $442,906 - nnal Contract Amount $ 434,357 91 If final amount is different from original, please explain (change orders, extra work, etc.) work item deleted 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 11 No. 6 Project Name/Number 17th Street Project No. 07/14 Project Description Street Improvements Approximate Construction Dates: From July 2007 To: Dec 2007 Agency Name City of Costa Mesa Contact Person Tom Banks Telephone ( ) 714-754-5325 Original. Contract Amount $1 .3 miIA7aontract Amount $ 1 .3 million If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Please see attachment for Steve Kirby 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 X Bidder Aut ri d Signature/Title Michael J. Carver, President 12 ,ee NOR ■■��s Compan Steve Kirby 15505 E. Lincoln Ave. Orange, CA 92865 Office: (714) 637-1550 Cell: (714) 743-2868 Email: stevekirby@rjnoblecompany.com EXPERIENCE General Superintendent R.J.Noble Company, Orange, CA, 1986 - Current - Planned, directed, and managed designated projects - Ensured that objectives were accomplished in accordance with outlined priorities - Oversee daily job operations for multiple projects Foreman R.J.Noble Company, Orange, CA, 1976 - 1986 - Delegated responsibilities and designed time schedules - Order material & equipment on a daily basis Operator R.J.Noble Company, Orange, CA, 1973 - 1976 Laborer R.J. Noble Company, Orange, CA, 1972 - 1973 US Army Active Duty 1970 - 1972 - Surveyor RECENT ACCOMPLISHMENTS Recently Completed Projects - Caltrans 12-OH2194 261 FWY - City of Fountain Valley Brookhurst & Talbert - City of Santa Ana Local St. Rehab. Nov -08 Contract Amount: $3,000,000 Oct -08 Contract Amount: $4.1 million Oct -08 Contract Amount: $6.7 million CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Orange ) Michael J. Carver being first duly sworn, deposes and says that he or she is President of R.J. Noble Company , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of Califo hat the foregoing is true and correct. R.J. Noble Company X Bidder A orized Signature/Title Michael J. Carver, President Subscribed and sworn to (or affirmed) before me on this 29thday of April 2009 by Michael J. Carver personally known to me or proved to me on the basis of satisfactory evidence to be the person 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. [SEAL] JENNIFER DE IONGH f Commission # 1771186 Notary Public - California z Orange County MyComm. ExpiresOct28, 2011 13 Pu IicJennifer De Iongh My Commission Expires: 10/28/11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 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 4850 Arlington Ave. Suite B Riverside, Ca 92504 Contact Mike Stong 951-343-0382 Travelers Casualty & Surety Company of America 21688 Gateway Center Drive Diamond Bar, Ca 91765-8512 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL [bidders Name R. J. Noble Company Record Last Five (5) Full Years Current Year of Record I------- Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total - - -- 2009 No. of contracts 15 44 54 53 42 40 248 ' Tot. -A dollar Amount of 12 70 57 51 32 29 251 Contracts fin Thous"r;ds of $) million ------------------------ ----mi lion million Nc1. of f fatalities ---...— -- None----------------- - ------ ------ ------ ------- No. I��st . ............. ._._. -------- None---------------------------------------------- -------------- ------ -------------- No. of lost workday cases involving permanent transfer to another job or termination of em po ment none ----------------------------------------------- -------------- --------------------- I he 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. Legal Business Name of Bidder R. J. Noble Company Business Address: 15505 E. Lincoln Avenue, Orange, Ca 92865 Business Tel. No.: 714-637-1550 State Contractor's License No. and Classification: A-782908 Class A Title Michael J. Carver, President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder X Date Title _ Signature of bidder 1 Date Title Signature of bidder X Date 04/29 Title Steve Signature of bidder Date Title 0/09 Mi rhaal ,T GXrW-%Tar TPrl= runt i09 Mer za, 5ecrecary vames N. llucote, 'Treasurer If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CALIFORNIA ALL-PURPOSE sas!. s State of California County of ORANGE On 04/29/09 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER Name(s) of Signer(s) till JENNIFER DE IONGH Commission # 1771186 Notary Public - California Z Z Orange County MyComm.FxplresOCt28,2011 who proved to me on the basis of satisfactory evidence to be the person.0 whose nameko is/are. subscribed to the within instrument and acknowledged to me that he/sghe4hey executed the same in his/ber,4heir authorized capacity(,tesj, and that by his/h@4hoi4;, signaturekK on the instrument the personA, or the entity upon behalf of which the person(IS°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 �'alseal. Place Notary Seal Above Signatu S T nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuableo perso elying 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 RIGHTTHUMBPRINT OF SIGNER .. of Number of Pages: Signer's Name:_ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Nolary.org Item 95907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA •i e O !:aC.�aS..• .waC.. .�aS� � QaSG.�aS,saS,�aS,.�..,_ �vnC.. a,, �5,� :aS�aS,caSls�S;nShaS,�a vaLc4.s�. c���a4,!s� *.a... �C.�a,� �C. sa sa. � ai . State of California County of ORANGE On 04/29/08 Date before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer —' personally appeared CRAIG PORTER Name(s) of Signer(s) JENNIFER DE IONGH Commission , 1771186 a wr Notary Public - California z Orange County 3 CComm. Expires Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the persono whose nameX is/are subscribed to the within instrument and acknowledged to me that he/sha4Lbay executed the same in his/hef*tek authorized capacity(iei! j, and that by his/her><tl-etr signature,(b`) on the instrument the person(4, or the entity upon behalf of which the personas') 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. Signa Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to per relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O, Box 2402 • Chatsworth, CA 91313-2402- www.NationalNotaryorg Item 45907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PUR .aR.. <n�Rn�i State of California County of ORANGE On 04/29/09 Date personally appeared before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer ' STEVE MENDOZA JENNIFER DE IONGH Commission # 1771186 d' Notary Public - California ;r Orange County _ MYCO nm. Expires Ocf28, 2011 who proved to me on the basis of satisfactory evidence to be the person( whose nameX is/are subscribed to the within instrument and acknowledged to me that he/sbAA4ey executed the same in his/feftheir authorized capacity(j4, and that by his/laeatheir signaturej4 on the instrument the person', or the entity upon behalf of which the person(e 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 Seal Above Signature 'ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to pers relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — CI Limited ❑ General ❑ Attorney in Fact CI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association- 9350 De Solo Ave_ P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotaryorg Item 95907 ,Reorder: Call Tell-Free1-800-876-6827 CALIFORNIAACKNOWLEDGMENT State of California County of ORANGE On 4,1 l0 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JAMES N. DUCOTE Name(s) of Signer(s) JENNIFER DE I NGH Commission # 1771186 z : `m Notary Public - Calltornla z Orange County MY Comn• Oct28, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE qmy hirand official seal. Sig Though the information below is not required by law, it may prove va uable to I and could prevent fraudulent removal and reattachment of this form Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: relying on the document ter document. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. . 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NationalNolaryorg Item #5907 Reorder: Call Toll -Free 1-800.876-6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 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. I Date Received Signature ADDENDUM No. 1 4-24-09- /i SECRETARY 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the,laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R. J. Noble Company Business Address: 15505 E. Lincoln Avenue Telephone and Fax Number: 714-637-1550 714-637-6321 California State Contractor's License No. and Class: A-782908 Class A (REQUIRED AT TIME OF AWARD) Original Date Issued: August 199txpiration 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: Steve Mendoza, Chief 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 714-637-1550 Craig Porter, Vice President, 15505 E. Lincoln Avenue, Orange, Ca 714-637-1550 Steve Mendoza, Secretary, 15505 E. Lincoln Avenue, Orange, Ca 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: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: R.J. Noble Company For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. 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 lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / o Are any claims or actions unresolved or outstanding? Yes No 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. R.J. Noble Company Bidder Michael J. Carver, President (Print name of Owner or President of Corporatio /Company) X of Ized Signature/Title Michael J. Carver, President Title 04/29/09 Date On 04/29/09 before me,Jennifer De Iongh , Notary Public, personally appeared Michael J. Carver, President who proved to me on the basis of satisfactory evidence to be the person( whose name�,a'f is/tee subscribed to the within instrument and acknowledged to/ me that he4he4hGy executed the same in his/fir authorized capacity(ie< and that by his/14e4lor i signature/ on the instrument the person(K, or the entity upon behalf of which the personvacted, 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 Notary Public - California = ' Orange County (SEAL) MYCOMM- Wes Oct28, 2011 Ann lic in and for said State r De Iongh My Commission Expires: 10/28/11 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD /KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROADMINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 CONTRACT THIS AGREEMENT, entered into this — day of , 2009, 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: "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb and gutter, roadway reconstruction, storm drain systems, traffic striping and signage, and all other items of work required to complete the work in place." 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. 4095, 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 Forty-Seven Thousand, Four Hundred Four and 201100 Dollars ($1147,404.20). 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: Thomas Sandefur (949)644-3312 CONTRACTOR R.J. Noble Company 15505 E. Lincoln Avenue 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. E4r1 • • 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. 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 _rte • • 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. 25 0 0 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non- Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof, for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting. from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 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. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APPROVED AS TO FORM ,Wynette b! Beauc Assistant City Atto UII 1P CITY O A MunX R.J. NOBLE COMPANY By: do orporate Officer) Title: Michael J. Carver Print Name: President C Title: Steve Mendoza Print Name: Secretary Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/01/09 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER Name(s) of Signer(s) JENNIFER UE IONGH ' COmmISSIOn # 1771186 Notary Public - ' t Caltfornla s Orange County Comm, Expires Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the person.0 whose nameke) is/aca subscribed to the within instrument and acknowledged to me that he/sheAl,eey executed the same in his/ho4he4r authorized capacityosl, and that by his/ber,4heig signatureW on the instrument the personA, or the entity upon behalf of which the person(A 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 m hand and official seal. Signat e Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valva le 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 ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of thumb here 02007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402 -Chatsworth, CA 91313-2402• www.NationalNotary.org Item 115907 Reorder: Call Toll -Free 1-800-876.6827 • -NIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/01/09 Date before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer ' personally appeared STEVE MENDOZA Name(s) of Signer(s) JE�NNRDE IONGH Commission # 1771186 »� Notary Public - California z Orange County J My Comm. Expires Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the person(4 whose nameX is/are subscribed to the within instrument and acknowledged to me that he/s4@A4ey executed the same in his/kefHiecir authorized capacity(jp, and that by his/heUtheir signature,(a'J on the instrument the person; or the entity upon behalf of which the person(;,l 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 m hand d offi ' I seal. Signatur Place Notary Seel Above Signature of Notary Public OPTIONAL L= Though the information below is not required by law, it may prove valuable to persu relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ C Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHTTHUMBPRINT OF SIGNER .p of thumb her 02007 National Notary Association -9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder: Call Toll. Free 1-800-6766827 0 9 BOND NUMBER 104210304 PREMIUM: $4,043.00 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 BOND NO. 105210304 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,043.00 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 Compay, hereinafter designated as the "Principal ", a contract for construction of KINGS ROAD/KINGS PLACE PAVEMENT RECONSTRUCTION, Contract No. 4095 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. 4095 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 Forty -Seven Thousand, Four Hundred Four and 201100 Dollars ($647,404.20) lawful money of the United Slates 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. 32 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the dale 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 4th day of MAY , 2009. Michael J. Carver, President R.J. Noble Company (Principal) X ALAbdrized Signature/Title TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Authori ed gent �i ature 21688 GATEWAY CENTER DR. C DIAMOND BAR CA 91765 JEREMY PENDERGAST, ATTORNEY -IN -FACT Address of Surety Print Name and Title (909) 612 -3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .a5.:�s.•nc nc, ^ +ae. 2s, »s < f.> s, a.. aY_ sC�emss�. a., say.: iCt�vi .cc.�..vvla'ae<v:.eM[�4caFsg :�SC!�v.�,a<..tya,.av:� ant ,^a�v„......................'a.>'C�;.a,..s�vor/.• State of California County of ORANGE On 05/05/09 personally appeared before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Insert Name aad Tale at me Officer MICHAEL J. CARVER JENNIFER DE IONGH Commission # 1771186 -m - Notary Public - California £ Orange County MyComm.FI0es0ct28,2011 J who proved to me on the basis of satisfactory evidence to be the persono'1 whose namejs) is/aca subscribed to the within instrument and acknowledged to me that he /sheRl,Itey executed the same in his/hotr4heir authorized capacity(les'), and that by his/ger#peiF signatureg on the instrument the personAF or the entity upon behalf of which the person($') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Place Wary Seal AOwe SlgnaNm of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to pe s 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: Signer's Net ❑ Individual ❑ Individual ❑ Corporate Officer— Title(s). • Partner — ❑Limited ❑General _ • Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator • Other: Signer is Representing: Number of Pages: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee J Guardian or Conservator ❑ Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER .` NSC.• lv '(:V"1 /✓.'J4(✓:4•J:U�^:!4': /� 4 \J ✓ 4' Hp '.�t�:t✓4 @Y4�Y<'N.'�A ✓4!/:'Y,A� "J, :� : \W 'J •% ✓ 4�U: Ltl, 4':/ 4 'eY4'Y' /•tlt'v.'v:'.v.`4 / "lt':/ ' �/ 11 1 • 1 0 E CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On S -(4 -0 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name end title of the ofreer) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the personKwhose name(sris/we-subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/heritheir authorized capacity(i"s and that by his/her/lheir signaturr4s) -on the instrument the person( , or the entity upon behalf of which the personi(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. R. NAPPI WITNESS my hand and official seal. COMM. #1796916 NOTARY PUBLIC - CALIFORNA RNER81p E C=T7y sky Comm. Expbas Jtttta 7, 2012 Signature of public, (NOmy Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description eranached docranent) (Title or description ofattachol document cmrdnucd) Number of Pages _ Document Date (Additional infommdon) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Panner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 0210.07 EDO- 873 -9865 % w .NmoryClssses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknamledgmenr complered in CaLftpfNa term coaaNn verbiage tsacdy as appears above In the notary secdon or a separate acknorledgnrtn! form mkt be pnweriy completed and matched to that damas ent. The only mention is If a document Is to be recorded morale 0111rilfwnla. In such mmances, any alummalre acknowledgment verbiage w nary, be printed an such a docwrem to long as the rerbtage does not require the nomary, to do something tdat is H19VI far t notary, in California (i.e. cero tag the anhorfmd capacity of the sgner). please check do darumem corefallyfor paper nu m6al wording and attach this faro ifrequired • State and County miamu slam mum be the State end County where the document signer(s) personally appeared before as notary public for oclmowledgmenL • Date of nnmrieation must be the date that the signor(s) personally appeared which must else be the some date 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 that your title (nouuy public). • Print the name(s) of document signer(s) wdm personally appear at the time of notarization. • Indicate the correct singular or plural terms by crossing off incorrect f teem; (Le. hdahephtyt -is has Ior ebcl'mg the correct forms. Failure to correctly indicate this ntamstion may lead to rejection ofdomanmt recording. • The notary seal impression mast be clear and photographically reproducible. Impression muss not cover text or lines. If scar impression smudges, re-seal if a sufrrcicm area permits, othemise complete a different acknowledgment form. • Signan re of the notary public must match the signature an file with the office of she county clerk. • Additional nfmnmdon is not required but could help to ensure this ackrwwledgmcm is not m Bused or attached to a different document. • Indicate title cur type ofatmched document, number of pages and date. • Indicate the capacity clabned by the signer. If the clouted capacity is a corporate officer, indicate the title (i.e. CEO. CFO. Secretary). • Securely much this doaunent to the signed docmnem 0 0 BOND NUMBER 105210304 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD /KINGS PLACE PAVEMENT RECONSTRUCTION CONTRACT NO. 4095 BOND NO. 105210304 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 KINGS ROAD /KINGS PLACE PAVEMENT RECONSTRUCTION, Contract No. 4095 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. 4095 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 Forty -Seven Thousand, Four Hundred Four and 20/100 Dollars ($647,404.20) 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. And 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 lime, 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 duty executed by the above named Principal and Surety, on the 4 th day of May , 2009. Michael J. Carver, President R.J. Noble Company (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 Address of Surety (909) 612 -3000 Telephone X Au rized Signature/Title AMERICA Aulhoriz d gent S' azure JEREMY NDERGAST, ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ow- 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 05/05/09 before me, JENNIFER DE IONCH, NOTARY PUBLIC Dafe Here Insert Name and Tine of ft Office, personally appeared MICHAEL J. CARVER — 71E .� JEfr'NIFER DE IONGH Commisslon # 1771186 z , -ro Notary Public • California = Orange County tvly Comm. 6cpUes Ocf 28, 2011 who proved to me on the basis of satisfactory evidence to be the persona) whose name,( is/aw subscribed to the within instrument and acknowledged to me that he/sheAl"y executed the same in his/herlthefr authorized capacity(1e5), and that by hisXoAheir signatureo on the instrument the personA, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and tiicial seal. PMw Notary Seal Above Signal Sig Wm of Notary Pudic 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 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: RIGHT Number of Pages: Signer's Name: ❑ Individual * Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTH UNQBPRINT OF SIGNER :✓ �< c:/<.- J, �1,. ii<: dst�c� ..52>'SAti.�r�ae�'ei:5id,.4VUe�ti MMYF:e±s>i.<a �.:<. rtil. �✓:( �< C ._h."'i1._�✓J.<?�r%>4:�:<iu:._: �ti�ii:l�i'"!5::�.s_�'ay..Y�:ir' 0 0 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On S- 4 -c% before me, R. NAPPI "NOTARY PUBLIC" (Here insee more and title of the affect) personally appeared JEREMY PENDERGAST who proved to me on the basis of satisfactory evidence to be the personf< whose name(Wis/am- subscribed to the within instrument and acknowledged to me that he /sheAh" executed the same in his/healheir authorized capacityOcl;4, and that by his/her/liteir signature(0on the instrument the person( , or the entity upon behalf of which the person(ej 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. R. NAPPI WITNESS my hand and official sea]. COMM. #1796916 n - NOTARYPUBLIC- CALIFORNIA as RIVERSIDUNTY &ly Comm. Ezpites Signatue of Notary 1w a (Notary Seal) - ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached docunent) trills or description of attached document comfinu n Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY TIC SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vttsion CAPAv12.10.07800 -873 -9865 www.NomryClasses.rom INSTRUCTIONS FOR COMPLETING THIS FORM Any acLrmrledgmenl caVlesed In California mart eomam veAfte exactly as appears ahove In the rotary seraim or a separate acknmvledgment form marl be properly compkted and detached to that documcni. The only meprion Is If a docamem is to be retarded outslde of California. In such instances, any aherrwtlre oc)marvkdgment verbiage as nary be printed on such a document so sang as The verbiage does not require the rwtmy To do something shw is X%W for a notary in California (Le. cerijfyhrg the amhmired capacity of the siIgw). rkose check to dorimem tnrefullyfor propernmarial ivoriing and aaarh ddsfmm ftegafred • state and County information muss be the sate and County where the documen signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the dole that the signer(s) personally appeared which must also be the same date the ada"edgment is completed. • The notary public must print his or her home as it appears within his m her commission followed by a comma and than your title (rotary public). • Prim the rands) of document signor(s) who personally appear at the time of notarization. • Indicate the carrect singular or plural forms by crossing off incorrect forms lix. hdandflw,; -is hue) a chding the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The rotary seal impression most be clear and photographically reproducible. Impression most rim cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county dark. • Additional information is not required but could help to ensure this acknowledgment is out misused or attached to a different document. • Indicate title or type ofoaached document, nmaber of pages and dale. • Indicate the capacity claimed by the signer. If the claimed rapacity is a corporate officer, indicate the title (i.e. CEO, CFO, secretary). • securely attach this document to the signed document E ACKNOWLEDGMENT ............. . ............... . ............ . .................. . ........... r...., Slate of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the person( subscribed to the within instrument and acknowledged to me that same in his /her /their authorized capacity(ies), and that by his /her instrument the person(s), or the entity upon behalf of which the p sc instrument. I certify under PENALTY OF PERJURY under the laws foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary ,'whose name(s) is /are she /they executed the r signatures(s) on the s) acted, executed the State of California that the (seal) .................................... y........... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evide Personally Known v Paper Identification Credible Witness(e Capacity of Signer: Trustee Power of Atl CEO /CFO President Other: Other OP 710/4AL INFORMATION Identification I Secretary I Treasurer go Thumbprint of Signer n Check here if no thumbprint or fingerprint is available. nAk 111W POWER OF ATTORNEY MW TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 221100 Certificate Nn, 002932239 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the Stale of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Rosemary Nappi, and Jeremy Pendergast Of the City of Riverside , State of Cali forma , 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 affixed, this day of April 2009 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 13th St. Paul Guardian Insurance Company St. Paul Memory Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 91;7% 0" 8V9 .�, l pOAe �` 1977 0 `r e. aO s �t m 5 oi58 iy...:..lr a o State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President On this the 13th day of Apr11 2009 , 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 Insuance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and 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. a.Ter In Witness Whereof, I hereunto set my hand and official seal. ' � W wk l: • My Commission expires the 30th day of June, 2011. * p� } Marie C. Terreault, Notary Public 58440 -5 -07 Printed in U.S.A. OF This Power of Attorney is granted under and by drliority of the following resolutions adopted by the BoardsW Vectors of Farmington Casualty Company, FidefiC and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stales Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or thew certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FARTHER 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. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Companv. Travelers Casualty and Surety Company of America, and United Stales Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power-of Attorney executed by said Companies, which is in full Force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and k axed the seals of said'Companies this 'rte day of to A-\/ , 20 0_5 Kori M. Johan Assistant Secretary �cxsu,4xArr s br ,.Y+ �8$f u3�, f'pw rfW e�oi:Y i"s+ura �s � .rf' P S., �xaaaa W 4 d +Jµr 01,23 SEAL SEAL,- ea a .uywo' aaeniy r'tt6 , p .+fir° W+ae ',d✓i To verify the authenticity of Ws Power of Attorney, call 1 -800- 421 -3880 or contact us ar www.travelembond.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. • • ACORD CERTIFICATE OF LIABILITY INSURANCE si4' oD9""' PRODUCER (949)857 -4500, Fax(949)857 -4800 Millennium Risk Management & Insurance g THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License # OC13480 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ° Newport Beach, CA 92663 5530 Trabuco Road Irvine CA 92620 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Indemnity Co of INSURER B: R. J. Noble Co. INSURER C: 15505 Lincoln Avenue INSURER O: P. O. BOX 620 INSURER E: Orange CA 928569020 QVFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES. AGGREGATE LIMIT SHOWN MAY VE BEEN REDUCED BY PAID LAIM S. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER OATEYMMJD� POLICY MMfDDA/Y LIMITS GENERAL LIABILITY EA H O $ 1,000,000 DAMAGE T RENwTirrenee E 300,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a pCCUR C09322B893TIL08 07/01/2008 07/01/2009 MED EXP ono $ 5,000 PERSON INJURY $ 1-,000,000 • Severability -notes • Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GENIL AGGREGATE LIMIT APPLIES PER: PRODUCTS - P $ 2,000,000 POLICY X PEOT LOC AUTOMOBILE LIABILITY ANY AUTO CAP9322B426TILOS 07/01/2008 07/01/2009 COMBINED SINGLE LIMIT (Esaxidem) $ 1,000,000 X BODILY INJURY (Per Per ) S A ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accAem) S HIRED AUTOS NON- OWNEDAUTOS PROPERTY DAMAGE (Par acadenl) $ I X Saverabilit -notes GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANYAUTO S AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH 0 CURRENCE $ 5,000,000 $ 5,000,000 X OCCUR nCLA(MSMADE CUP9322B438TIL08 07/01/2008 07/01/2009 AGGREGATE S $ A DEDUCTIBLE $ RETENTION A WORKERS COMPENSATION AND 1. VlC STAT - OF EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE C2JUB4786CO3108 07/01/2008 07/01 /2009 E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYEE$ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yae, das be urMer SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERArONSILOCArONSNEHICLMEXCLUSIONS ADDED BY ENDORSEMENT)SPECIAL PROVISIONS RE: RJN Job No. 91217 Contract No. 4095 Kings Road /Icings Place Pavement Reconstruction Project The City of Newport Beach, its officers, agents, employees and volunteers are named as Additional Insured/Primary /Waiver of Subrogation as respects General Liability per endorsements CGD2481002 and CGD3160704. Additional Insured and Waiver of Subrogation as respects Auto policy per endorsement CAT3530104. Waiver of Subrogation as respects Workers Compensation per endorsement w(;9903706. *10 day notice of cancellation for non - payment of premium. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) ® UORD CORPORATION 1988 INS025 (D1DB).OBa Palle 1 oft SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NAMMAXl1AIL Public Works Department *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shauna Lyn Oyler 3300 Newport Blvd. ° Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE Laurie Sylvester, ARM, ACORD 25 (2001108) ® UORD CORPORATION 1988 INS025 (D1DB).OBa Palle 1 oft IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(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 The Certificate of Insurance on the reverse side of this form 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. ACORD 25 (2001108) INS0251oioel oea Pago 2 M 2 POLIC)' #CO9322B893TIL08• Page I of 2 • FFFFCTIVF: 07101 /2008 CO D2 48 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY — CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional Insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability staled in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily Injury". "property damage ", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. e) This insurance does not apply to "bodily injury" or "property damage" caused by "your work" Included in the "products- completed operations hazard ". 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I — Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" Is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible Insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: • Page 2 of 2 a.) Give us prompt written notice of any "occurrence' or offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. c.) Tender the defense and indemnity of any claim or "suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against" refers to any self - insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional Insured with a defense and/or indemnity under that policy of insurance. d.) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG 02 48 10 02 PrIvaq y I Will Notices 02908 The Travelers Companies, Inc. 0 Policy NC09322B893TIL08 effective 09 /01/2008 CO D316 07 04 • Page 1 of d 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 1. 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 ball 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. Persona( 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 until 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 CO D3 16 07 04 0 • Page 2 of 6 1. The lost paragraph of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — 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 a. Water. A separate limit of insurance applies to this coverage as described in Section III 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 parmission 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 prernises 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 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 liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: CO D3 16 07 04 0 • 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.s.(1)(d) of WHO IS AN INSURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedlc 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 wilful 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". S. 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: 0 CG D3 16 07 04 • Page 4 of 6 c. Any easement or license agreement; 2. Paragraph L(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 slate 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 ". I. 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 am 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 (8) 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 CO D3 16 07 04 0 • Page 5 of 6 If all of the "other insurance" permfls 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 Ill) 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 i.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 "oocurrence" 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 t — 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 EOUIPMENT WHO 13 AN INSURED (Section It) is amended.to include as an Insured any person or organization (referred to below as " additonal 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 shalt 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 tease expires. 3. The insurance afforded to the additional insured is excess over any valid and collectible "other insurance" available to such additonal Insured, unless you have agreed in the written contract that this insurance must be primary to, or non-contributory with, such "other insurance ". CG D316 07 04 L'Ir= I Legal Notices 02008 The Travelers Companies, Inc. • • Page 1 of 3 POLICY #CAP9322B426TIL08 EFFECTIVE: 07/01/2008 CA T3 53 01 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE EXTENSION FORM 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. A. BROAD FORM NAMED INSURED SECTION II – LIABILITY COVERAGE, A. 1. Who Is An Insured provision is amended by adding the following: d. Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. EMPLOYEES AS INSURED SECTION II – LIABILITY COVERAGE, A.1. Who Is An Insured is amended by adding the following: e. If you are not a sole proprietor, any "employee" of yours is an "insured" while using, in the course and scope of your business at the time of an "accident ", a covered "auto" you don't own, hire or borrow. If you are a sole proprietor, any "employee" of yours is an "insured" while using, in the course and scope of your business or personal affairs at the time of an "accident ", a covered "auto" that you don't own, hire or borrow. C. COVERAGE EXTENSIONS – SUPPLEMEN -TARY PAYMENTS SECTION 11 – LIABILITY COVERAGE, A. 2. Coverage Extensions, a. Supplementary Payments subparagraphs (2) and (4) are deleted and replaced by the following: (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. (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. D. HIRED CAR — WORLDWIDE COVERAGE SECTION 11 – LIABILITY COVERAGE, A.2. Coverage Extensions is amended by adding the following extension: c. Hired Car –Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" which occurs outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada resulting from the operation, maintenance, or use of any covered "auto" of the private passenger type you lease, hire. rent, or borrow without a driver for 30 days or less. (2) With respect to any claim made or "suit" instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (a) You shall undertake the investigation, settlement, and defense of such claims and "suits" and keep us advised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you: (i) For the amount of damages because of liability imposed upon you by law on account of "bodily injury" or "property damage" to which this policy applies, and (11) For all reasonable expenses incurred with our consent in connection with the investigation, • • Page 2 of 3 settlement or defense of such claims or "suits ". Reimbursement for expenses will be part of the Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS, and not in addition to such limits. (3) The Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS Is the most we will reimburse you for the sum of all damages imposed on you, as set forth in c.(2)(c) above, and all expense incurred by you arising out of any single "accident' or "loss'. (4) You must maintain the greater of the following primary auto liability insurance limits: (a) Compulsory admitted insurance with limits required to be in -force to satisfy the legal requirements of the jurisdiction where the "accident' occurs; or (b) Insurance limits required by law and issued by a governmental entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the "accident' occurs; or (c) Auto liability insurance limits of at least $300,000 Combined Single Limit or $100,000 per person/ $300,000 per accident Bodily Injury, $100,000 Property Damage. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a "loss", we will pay only to the extent that we would have been liable had you so compiled. (5) The insurance provided by HIRED CAR – WORLDWIDE COVERAGE is excess over any other collectible insurance available to you whether on a primary, excess contingent or any other basis. E. HIRED CAR PHYSICAL DAMAGE — LOSS OF USE SECTION II – LIABILITY COVERAGE, A. 2. Coverage Extensions is modified by adding the following: d. Notwithstanding SECTION 11, LIABILITY B. Exclusions 2. and 6., we will pay sums which you legally must pay to the lessor of a covered "auto' which you have leased without a driver for 30 days or less for the lessor's loss of use of the covered "auto', provided: 1. This insurance provides comprehensive, specified causes of loss or collision coverage on the covered "auto'; 2. The loss of use results from the covered "auto' being damaged in an "accident" while you are leasing it. We will pay up to $65 per day subject to a maximum limit of $750 for any one "accident'. F. PHYSICAL DAMAGE — TRANSPORTATION EXPENSE SECTION III – PHYSICAL DAMAGE COVERAGE, A. 4. Coverage Extensions, subparagraph a. Is deleted and replaced by the following: a. Transportation Expenses 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. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss ". 9 the temporary transportation expense incurred arises from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of a like kind and quality as the stolen covered "auto ". G. PERSONAL EFFECTS COVERAGE SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects Coverage We will pay 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 Personal Effects Coverage. H. NOTICE OF AND KNOWLEDGE OF . • Page 3 of 3 OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subparagraph a. is deleted and replaced by the following: a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or "loss" Including: (1) How, when and where the "accident" or "loss° occurred; (2) the "insured's" name and address; and (3) to the extent possible, the names and addresses of any injured persons and witnesses. 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: 1. You, if you are an individual; 2. A partner, if you are a partnership; or 3. An executive officer or insurance manager, it you are a corporation. I. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. 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 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. J. UNINTENTIONAL ERRORS OR OMISSIONS SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. K. MENTAL ANGUISH SECTION V — DEFINITIONS, Definition C. is amended by adding the following: "Bodily injury" also Includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. CA T3 53 01 04 Priva I Legal Notices 02008 The I ravelers Companies. Inc. 0 0 6STPAUL TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 9903 76 (00) - 001 POLICY NUMBER: C2JOS4786CO3108 R. 1. Noble Co. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have ft 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 inthe Schedule. You must maintain payroll records accurately segregating the remuneration of your emptoyees while engaged in the work described In the Schedule. The additional premium for [his endorsement shag be 5 .0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERM OR ORGANIZATION FOR MM THP. NAMED INSURED HAS AGREED BY WRITTEN CONTRACT CJQiCUI'ED PRIOR TO LOSS TO FURNISH THIS WANM DATEOFISSUE: 08 -03 -06 STASSIGN: Fax #: • 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 5/712009 Dept. /Contact Received From: Shauna Oyler Date Completed: 5/8/2009 Sent to: Shauna Oyler By: Jennifer King Company /Person required to have certificate: R. J. Noble Co. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A: VII or greater): A +: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? S1MM/$2MM/$2MM E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A: VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): 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. • • III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A: VII or greater): A +: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? /1 v - m Encompass Detail Acct. Type: Business Tax License #: BT30026112 Bus. ID: 0055939 Name: RJ NOBLE COMPANY Owner Name: CARVER. MICHAEL J Owner C Type: Exp. Date: 12/31/2009 S Addy: 15505 E LINCOLN AVE S Addy 2: Addr3: ORANGE CA Zip: 92865 B Addr1: PO BOX 620 B Addr2: B Addr3: ORANGE, CA B Zip: 92856 Phone: 714 -637 -1550 FEIN: 6299 SEIN:2168590 Established: 12/5/2008 SIC: 8711 - ENGINEERING SVCS Owner #: 0055939 # of Emps: 0 usr1:18124 usr2: usr3: usr4: usr5: usr6:758975302 usr7: California Business Search • • Page 1 of 1 11 A Corporation R.J. NOBLE COMPANY ustrll��s Paul Date Filed: 6/30/1999 Status: active Jurisdiction: California �'�.�t;t•,ulyt} CIF >t!71ft�73EE12.= iEt�`�rETv DISCLAIMER: The information displayed here is current as of APR 24, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca.gov /corpdata /ShowAi I Li st ?QueryCorpN um ber= C2168590 &pd... 04/29/2009 Corporation R.J. NOBLE COMPANY Number: C2168590 Date Filed: 6/30/1999 Status: active Jurisdiction: California Address 15505 E LINCOLN ORANGE, CA 92856 Agent for Service of Process MICHAEL CARVER 15505 E LINCOLN ORANGE, CA 92856 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca.gov /corpdata /ShowAi I Li st ?QueryCorpN um ber= C2168590 &pd... 04/29/2009 Check a License or Home Il *vement Salesperson (HIS) Regis aiion - Contr... Page 1 of 2 Contractor's License Detail - License # 782908 - DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ?> CSLB complaint disclosure is restricted by law (B &P 7124.6). It this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. %> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 782908 Extract Date: 04/29/2009 R J NOBLE COMPANY Business Information: P 0 BOX 620 ORANGE, CA 92856 Business Phone Number: (714) 637 -1550 Entity: Corporation Issue Date: 0811412000 Expire Date: 08/31/2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 105210293 in the amount of $12,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 04/22/2009 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) MICHAEL JOSEPH CARVER certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/14/2000 This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Workers' Compensation: Policy Number: C2JUB4786C03108 Effective Date: 07/01/2008 https: //www2.cslb.ca. govt OnlineServices /CheckLicense /LicenseDetai1.asp 04/29/2009 Check a License or Home Inovement Salesperson (HIS) Regis wn - Contr... Page 2 of 2 Expire Date: 07/0112009 Workers' -Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California https: / /www2. cslb. ca. gov/ OnlineServices ICheckLicenselLicenseDetail .asp 04/29/2009 04/24/2009 FRI 14:08 FAX � r • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 ... • 2 0 C, 1 , a 10 I ADDENDUM FAX COVER SHEET Date: April 24, 2009 NOTICE TO ALL PLANHOLDERS: ATTACHED PLEASE FIND ADDENDUM NO. 1 FOR CONTRACT NAME: Kings Road Reconstruction CONTRACT NO: C-4095 The addendum must be signed and attached to the bid proposal. PHONE NUMBER: (949) 644 -3311 FAX NUMBER: (949) 644 -3318 NUMBER OF PAGES INCLUDING COVER SHEET. 10 Please Notify Sender If Transmission Is Incomplete. f:Wsers%pbvAsharedlcontracts \ masterstatldendcm fax mver sheetdac 04/24/2009 FRI 14:06 FAX 01002/010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 KINGS ROAD RECONSTRUCTION PROJECT CONTRACT NO. 4095 DATE: April 24, 2009 BY: TO: ALL PLANHOLDERS Deputy Public Works7irect/City Engineer SPECIAL PROVISIONS: 7 -10.3 Street Closures, Detours and Barricades - ADD to the end of this section, 7. Contractor will be required to leave one half of the street open while working on the other half, until reconstructed half is base paved." 94 PAYMENT 9-3.1 General — ADD to the end of Item No. 25 as follows: Work shall also include furnishing and installing PolyDrain sheet drain per the Special Provisions Supplemental and 1" thick pervious poured -in -place rubber elastic layer." and, Add Item No. 26 as follows: Item No. 26 Sewer Repair. Work under this item shalifnclude the removal of a portion of existing 8" VCP sewer, furnishing and installing new section of VCP sewer pipe including rubber mechanical coupling, and all other work items as required to complete the work in place." i:iuserslpbwlsharedicontract * 08- Mkings rd -place pavement o 4095kaddendum no 1 - v2.doc 04/24/2009 FRI 14:08 FAX 001003 /010 • SPECIAL PROVISIONS SUPPLEMENTAL: ADD the attached information sheet for PolyDrain drainage layer to the supplemental. PROPOSAL: Replace the entire Proposal with the attached Addendum No. 4 Proposal Pages 1 thru Page 6. Bidders must sign this Addendum No. 7 and attach it to the bid proposal. Bid may not 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) APRIL 27, 2009 Date Authorized YgnatuYe & TitIeSTEVE MEND0ZA, SECRETARY huderMpbMsharaftontracts\fy 08-09 \kings rd -place pavement c- 40951eddendum no 9 - v2.doc 04/24/2009 FRI 14:09 FAX 486 N ASTM D4632 0910/010 286 N ASTM D3787 50 Ibs 220 N ASTM D4533 215 psi PolyDrain Sheet Drain DESIGNED FOR USE WITH SYNTHETIC TURF SYSTEMS PolyDrain is a high compressive strength, moisture conducting, non- absorbent geocomposite drain made from recycled materials. PolyDrain is a three -part pre - fabricated system that consists of a formed polystyrene core covered on M one side with a non -woven polypropylene fiker fabric and on the other side with a cushioning fabric. The filter fabric allows water to pass freely into the core while restricting any movement of rubber or other particles that might clog the core. The cushioning fabric is used for sound - dampening. The core provides a high compressive strength structure that allows water to flow to designated exits. The use of PolyDrain greatly reduces risk factors associated with poor subsurface soils. Installation provides an uninterrupted vertical -to- horizontal flow path for superior rainfall evacuation and enhanced Gmax performance without changing the ball action or feel under -foot. Patent Pending INSTALLATION: PolyDrain rolls are 4ft in width and are available in custom lengths up to 120ft based on field design. Each drain section terminates in the perimeter curtain drain. PolyDrain rolls can be connected by overlapping or taping the core flange. Thar FabHc properves, Material Grab tensile strength Puncture strength Trapezoidal tear Mullen burst strength Elongation EOS (ACS) Permittivity Permeability Flow rate Core properties Material Thickness Comp. Strength Flow capacity per unit width Expansion Coefficient Polypropylene Polypropylene 110 lbs 486 N ASTM D4632 66 Ibs 286 N ASTM D3787 50 Ibs 220 N ASTM D4533 215 psi 1430 We ASTM D3786 eo% 60 %' ASTM D4632 70 sieve 212 micron ASTM 04751 1.6 sac-1 1.6 sec-, ASTM D4491 0.01 ft/sec 0.3 cm/sec ASTM D4491 150 gpmlft' 6110 Ipm/m3 ASTM D4491 Polystyrene Polystyrene 7/16 In 11 mm 30,000 Ibs/ttt 1220 kNhm' ASTM D1621(Mod) 15 gpnvft 200 Ipm/m ASTM D4716 4.42 x104 Win per'C All imomielim dr4sdags and speditm ms are based on the latest product information available at the Um of printing. Com;W itnploremed and agnepfng V%mw make it necessary 90 we mean the right to Ireke dmges vdfhout notice. NI 01sical pope lime are p7ripf vaWm Sanded wrWons in momanim wpertles of 10% and in hydraulic properties of 20% am nrmaf. Phone 949 667.4696 Fax 949 651.4895 inf- c0oportsurfapinp.com www.sportsurfacing.com 04/24/2009 FAI 14:08 FAX • • ADDENDUM 1 PROPOSAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL KINGS ROADMINGS PLACE PAVEMENT REHABILATION CONTRACT NO. 4095 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: ®004/010 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. 4095 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization -fyVPltFy 4h ft't @ +h0QSand "D611ars and Zf ro Cents Per Lump Sum 2. Lump Sum Traffic Control four+mn 4- imsand @ -PAIR! hundlr -td Dollars and ZCr6 Cents Per Lump Sum 2 Each Install and Maintain Advisory Sign @four hundred ten Dollars and zero cents Cents Per Each $ 410.00 $ 23.x 00 , pa $ (41SM.00 $ 620.00 04/24/2009 FRI 14:06 FAX • 0005/010 ADDENDUM 1 PROPOSAL PR 2 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Services THIRTEEN THOUSAND @FOUR HUNDRED Dollars and ZERO Cents $ 13,400.00 Per Lump Sum 5. 15 L.F. Remove Exist Rolled C &G and Construct TVDe "A" C &G @ +hIY} F0U1� _Dollars --iffy Cents $ 34.50 $ Il. 50 Per Linear Foot 6. 2,428 L.F. Remove Exist and Reconstruct PCC Rolled Curb and Gutter @'fWQfhFbj SIX Dollars and Va tq ftVL Cents $ 2 (g• 26 $ u3r ?35.44. Per Linear Foot 7. 120 L.F. Remove Exist Rolled C &G And Construct C &G Transition @ 4%le tltai nmtJ Dollars and Zera . Cents $ 29.00 $ 3%$o. Per Linear Foot 8. 1,800 S.F. Remove and Replace 84nch PCC Cross Gutter @ four -kerb Dollars and Cents $ 14-SO $ Per Square Foot 9. 1,520 S.F. Remove and Replace PCC driveway Approach @ niyit/ Dollars and Zt'ro Cents $ 9.00 $ 131(080. °D Per Square Foot 04/24/2009 FRI 14:08 FAX. 01006/010 ADDENDUM t PROPOSAL PR 3 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 5,000 C.Y. Remove Existing Pavement And Excavate Proposed Section @ e i ghieerh Dollars and f0(♦ Cents $ IA.40 Per CubiCYard 11. 3,900 TON Construct 4" AC Overlay @ fii 711 n fJ Dollars _Lt t'0 and Cents $ 5R.06 $ 2ZO,100. 00 Per Ton 12. 5,600 TON Construct 6" Crushed Aggregate Base @ nindeen Dollars and ts $ 1q.50 $ Per Ton 7� 13. 15 Each Adjust Existing Manhole Frame and Cover to Grade @ three hundred sixtVollars and zero Cents $ 360.00 $ 5,400.00 Per Each 14. 15 L.F. Remove Exist Gutter and Construct PCC Gutter Dollars _1/ 11 / to Y� •Fif C erns $ 34.50 $ 511.56 Per Linea oot 04/24/2009 FRI 14:08 FAX 21007/010 w ADDENDUM 1 PROPOSAL PR 4 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 4 Each Adjust Water Valves to Grade three hundred thirty five @ Dollars and zero Cents Per Each 1B. 1 Each Remove Existing Catch Basin And Backfill with AC $335.00 $ 1.340.00 @ four thousand Dollars and Zero Cents $4,000.00 $4,000.00 Per Each 17. 1 Each Construct PCC Catch Basin eight thousand @ two hundred Dollars and zero Cents $8,200.00 $ 8,200.00 Per Each 18. 1 Each Construct Curb Inlet Local Depression nine hundred twenty five @ Dollars and zero Cents $925.00 $ 925.00 Per Each 19. 5 L.F. 18" Dia. RCP Stone Drain 1500D one hundred ninty @ Dollars and zero Cents $190.00 $ 950.00 Per Linear Foot 20. 1 Each Construct PCC Junction Structure seven thousand @ two hundred Dollars and no Cents $7,200.00 $7,200.00 Per Each 04/24/2009 FRI 14:06 FAX 0008/010 ADDENDUM 1 PROPOSAL PR 5 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 21, Lump Sum Traffic Striping and Signage four thousand six @hundred Dollars and zero Cents Per Lump Sum 22. Lump Sum Provide As -Built Drawings @five M,ndrad Dollars zero and _ Cents Per Lump Sum 23. 35 Each Furnish and Install SuperFlex Curb at Santa Ana and Clay @ .SCVfn+iA SIX Dollars and Z.Cro Cents Per Each 24. Lump Sum Traffic Striping and Signage For Traffic Circle three thousand one @ hundred Dollars and Zero Cents Per Lump Sum 25. 1,296 S.F. Furnish and Install Synthetic Turf Within Traffic Circle @ ten Dollars and twenty Cents Per Square Foot $ 4,600.00 500.00 $ - I(o.06 $ '2 A70.05 $ 3,100.00 $ 10.20 $ 13,219.20 04/24/2009 FRI 14:09 FAX 2009/010 ADDENDUM 1 PROPOSAL PR 6 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 26. 12 L.F. Remove Portion and Reconstruct 8" VCP Sewer three hundred fifty five Dollars and zero Cents $ 355.00 $ 4,260.00 Per Linear Foot TOTAL PRICE IN WRITTEN WORDS and en+ Cents APRIL 29, 2009 Date 774 -637 -1550 714 - 637 -6321 Bidders Telephone and Fax Numbers A- 782908 Bidder's License No(s). and Classification(s) $ (8711 464, 26 Total Price (Figures) R.J. NOBLE COMPANY Bidder Bidder's AAori74WSignature and Title STEVE MENDOZA, SECRETARY 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Bidderis Address Bidder's email address: jenniferdeiongh @rjnoblecompany.com Last saved by Tan S2ndefurW24/2009 SA1 AM k%use,slpbw'ahamftontactAfy 084Rkcngs rd -plaoa pavement c4O9Saddendum proposal o 4095.do; 0 0 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS KINGS ROAD / KINGS PLACE PAVEMENT REHABILITATION CONTRACT NO. 4095 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 • 0 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 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 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Businesses and Residents 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 13 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -2 REINFORCEMENT FOR CONCRETE 14 201 -2.2.1 Reinforcing Steel 14 201 -5 NON - MASONRY GROUT 14 201 -5.6 Quick Setting Grout 14 0 0 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 14 212 -4 SYNTHETIC TURF 14 212 -4.1 Turf for Traffic Circle Median 14 SECTION 214 PAVEMENT MARKERS 14 214-4 NONREFLECTIVE PAVEMENT MARKERS 14 214 -5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 15 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 15 SECTION 302 ROADWAY SURFACING 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 303 -5.4 Tack Coat 15 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 16 302 -6.6 Curing 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 16 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 16 303 -5.1.1 General 16 303 -5.4 Joints 16 303 -5.4.1 General 16 303 -5.5 Finishing 16 303 -5.5.1 General 16 303 -5.5.2 Curb 16 303 -5.5.4 Gutter 17 SECTION 310 PAINTING 17 310 -5 PAINTING VARIOUS SURFACES 17 310 -5.6 Painting Traffic Striping, Pavement Markings, 17 and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces 310 -5.6.7 Layout, Alignment, and Spotting 310 -5.6.8 Application of Paint SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT SECTION 313 TRAFFIC CIRCLE 313 -1 General 313 -1 TRAFFIC CIRCLE INSTALLATION SPECIAL PROVISIONS SUPPLEMENTAL CWsers*bvAsharedlcontracts %fy 08-09lkings rd -place pavement cAOWspecs index c -0095.doc 17 17 17 18 18 18 18 18 r SP 1 OF 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS KINGS ROADIKINGS PLACE PAVEMENT REHABILITATION CONTRACT NO. 4095 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions and Supplemental Special Provisions; (2) the Plans (Drawing No. R- 5965 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb and gutter, roadway reconstruction, storm drain systems, traffic striping and signage, and all other items of work required to complete the work in place." 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 DMS Consultants, Inc. and can be contacted at (714) 740 -8840. At a minimum, two (2) sets of cut - sheets for all areas SP2OF18 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. SP3OF18 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5- -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "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. SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3402. 0 0 SP 4 OF 18 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 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 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241h, (Christmas Eve), December 25th (Christmas), and December 31" (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1s` July 4m November 11th December 24th December 25' or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday. SIP 5OF18 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 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. 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 SP6OF18 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 http://www.city.newport- beach .ca.us /pubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the SP7OF18 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." 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 0 0 SP8OF18 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." 5. The Contractor shall phase construction to minimize the inconvenience to residents and facilitate access during construction. The Contractor shall submit a construction phasing plan to the Engineer for approval. All streets shall be open to vehicular traffic on weekends, non - working days and evenings. The phasing shall be such that each work area will be excavated and given a drivable surface (including necessary ramping to driveways) in order to provide access to resident homes each night. 6. Suggested phasing is: (1) St. Andrews Road to Signal Road; (2) Cliff Drive to St. Andrews Road; (3) Signal Road to Cliff Drive 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. 0 0 SP9OF18 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 General 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 RECORDWAS 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 "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. • • SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 10 OF 18 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 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying 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. 3 Install and Maintain Advisory Sign: Work under this item shall include the fabrication, placement, maintenance and removal of two advisory signs placed at approximately 500' outside of the work limits on Kings Road in each traffic flow direction. Size of sign, lettering size and other information to be displayed on the sign will be as directed by the City Inspector. Item No. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 Remove Existing Rolled Curb and Gutter 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. SP 11 OF 18 Item No. 6 Remove Existing and Reconstruct P.C.C. Rolled Curb and Gutter: Work under this item shall include removing and disposing of the existing rolled curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. rolled curb and gutter, re- chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 7 Remove Existing Rolled Curb and Gutter and Construct Transition from Rolled Curb and Gutter to Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing rolled curb and gutter, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing curb transition per plans, re- chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 8 Remove and Reconstruct 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. Item No. 9 Remove and Reconstruct 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. 10 Roadway Excavation: Work under this item shall include removing and disposing of the existing pavement and base for proposed structural section. The Contractor shall exercise due caution to avoid any damage to existing improvements to be protected in place. Any damage done by the Contractor and/or his equipment shall be replaced as called out in Section 7 -9 of the Standard Specifications at the Contractor's expense. Item No. 11 4 -inch Thick Asphalt Pavement Overlay: Work under this item shall include constructing 4 -inch thick asphalt pavement overlay and all other work items as required to complete the work in place. Item No. 12 6 -Inch Thick Crushed Aggregate Base: Work under this item shall include constructing 6 -Inch thick crushed aggregate base and all other work items as required to complete the work in place. Item No. 13 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. SP 12 OF 18 Item No. 14 Remove Existing Gutter and Reconstruct P.C.C. Gutter: Work under this item shall include removing and disposing of the existing gutter, compacting subgrade, reconstructing of P.C.C. gutter, 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. 15 Adjust Water Valve to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 16 Remove Existing Catch Basin and Backfill with A.C.: Work under this item shall include removing and disposing of the existing catch basin, backfilling with asphalt concrete also backfilling existing storm drain lateral with slurry and plugging upstream end of storm drain, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 P.C.C. Catch Basin: Work under this item shall include constructing P.C.C. Catch Basins per CNB. Std -300 -1- including, but not limited to, removing pavement, exposing utilities in advance of work, excavation, temporary patching or plating, controlling ground and surface water, backfill, compaction, disposing of excess excavated materials, installing base, shaft, steps, grade rings, manhole frames and covers, potholing all existing utilities, connections to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 18 Curb Inlet Local Depression: Work under this item shall include constructing local depression per CNB Std -304 -1- and all other work items as required to complete the work in place. Item No. 19 18 -inch RCP Storm Drain (1500 -D): Work under this item shall include installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 20 P.C.C. Junction Structure: Work under this item shall include constructing P.C.C. junction structures per CNB Std -310 -L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal SP 13 OF 18 of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 21 Traffic Striping and Signage: Work under this item shall include installing traffic striping, signage, pavement markers, and all other work items as required to complete the work in place. Item No. 22 Provide As -Built Drawings: At the completion of the project the Contractor shall deliver to the Engineer a complete set of contract drawings with all applicable "as- built" notes placed thereon. Item No. 23 Furnish and Install SuperFlex Curb at Santa Ana Avenue /Clay Street: Work under this item shall include the cost of all labor, equipment and materials required to furnish and install a traffic circle using rubber barrier curb at the Santa Ana Avenue /Clay Street intersection per the Plans, Special Provision, and Supplemental. Item No. 24 Traffic Striping and Signage for Traffic Circle at Santa Ana Avenue /Clay Street: Work under this item shall include installing traffic striping and signage for the traffic circle at the Santa Ana Avenue /Clay Street intersection per the Plans and Special Provision. Item No. 25 Furnish and Install Synthetic Grass within Traffic Circle at Santa Ana Avenue /Clay Street: Work under this item shall include the cost of all labor, equipment and materials required to furnish and install synthetic grass within the traffic circle at the Santa Ana Avenue /Clay Street intersection per the Plans, Special Provision, and Supplemental. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." • SP 14 OF 18 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -4 SYNTHETIC TURF 212 -4.1 Turf for Traffic Circle Median. The synthetic turf to be installed at the center of the traffic circle, as shown on the Plans, shall be Polyturf Synthetic Turf "Luxury Lawn ". Product specification and installation shall be as shown in the "Special Provisions Supplemental' that accompanies these Special Provisions. 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: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." SP 15 OF 18 300 -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. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches'. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III - 132 -AR -4000. All cracks % -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1110) 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." i • SP 16 OF 18 302 -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, GUTTERS, CROSS GUTTERS, AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 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 "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." SP 17 OF 18 303 -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 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." 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. SP 18 OF 18 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." SECTION 313 --- TRAFFIC CIRCLE 313 -1 TRAFFIC CIRCLE INSTALLATION 313 -1 General. Traffic circle, as shown on the Plans, shall be Traffic Logix traffic circle and shall be constructed per the specifications and installation instructions provided in the "Special Provisions Supplemental'. F : \Users\PBW \SharedkContracts \FY 08 -09 \Kings Rd -Place Pavement C- 4095 \SPECS C- 4095_w traffic circle.doc CITY OF NEWPORT BEACH TRAFFIC CIRCLE AT SANTA ANA AVENUE & CLAY STREET SPECIAL PROVISIONS SUPPLEMENTAL March 2009 0 10 • .. ' -: e.�;- :�.,^i;�� ... i tie^"'• �°iY1d, GI ;'aV1 8S8 19'41 ) tS65 9i5 9 �IbhtE i TUS Municipal Solutions NHUiici ai SoiptiorS�Traffic Circles • speed HumaS Traffic Circles • $- ti_etid abl s ' 'Traffic circles are raised islands p aceo in intersections • Suegd Cu Mons that slow cars by forcing them to drive around a circle, thus impeding vehicle speed. Traffic Lc ix Superi'lex curbing can be used to create traffic circles. • Curb Extensions /Medians • Alley Bumos >R, afar SBeed Signs ,�( WIM Win Prfvate Communities > Speed Bumos Solution features > Mlnl Humos Rubber- Traffic Logix SuperFlox curbing is made from flexible > Car Sto s virgin rubber. Rubber is lighter and easier to work with than asphalt and concrete, significantly minimizing the number of hours that need to be invested to install the solutions. Rubber pieces can be Produgt Warranty pulled up and moved without being destroyed. This is convenient for municipalities that want to Institute temporary measures to test an area and is also a safety measure so that products can be stored during the winter to prevent snow plow damage. Unlike concrete GSnditiogal Use Terms and asphalt which necessitate p frequent and high cost replacement, rubber products are long lasting and cost - efficient, in addition to long term benefits, rubber products offer a quick, easy way to install solutions when timing is key, Easy installation- Traffic Logix Traffic Circles are simple to install. The curb is made so that it can be removed and relocated to an alternate street when needed. This feature is beneficial when a municipality would like to test a number of streets and measure the product's effectiveness under different circumstances. 0 • Reflective Tape- Traffic Logix uses a highly reflective tape on its rubber curbing. This tape is a safety feature to ensure that drivers can clearly see the curb both during the daytime and at night. Traffic Logix uses this tape on its products instead of paint since paint often fades away within months and the reflective tape can last for several years. Tape is available in several color choices. Highly reflective cat's eyes Can be installed on any device for further enhanced visibility. y Hear what our customers have to say about our products. • • W Xlill.Cll!!v:19m " 1_ 2§8'. ® w*"8-tYD`6 1 lok TS . Municipal Solutions • Speed, Humps • Speed Tables • Speed Cushions • Traffic Circles > Curb Extensions /Medians > Alley -Rumps > Radar Speed Signs Private CGmrnunities • Speed Bumps • Mini Humps > Car Stops Product Warranty Conditional tlse Terms Municipal Solutions «Traffic Circles Traffic Circles Traffic circles are raised islands placed in intersections that slow cars by Forcing them to drive around a circle, thus impeding vehicle speed. Traffic Logix SuperF'lex curbing can be used to create traffic circles. Dimensions 39" x 3" x 4" (height) Weight 13.2 lbs. Traffic Logix solutions have been Installed in hundreds of locations across North America. • 9 9tl1 'n;101 - hof nlil �I _ _ pf '+ vuIEIM11 'M avicLU iX cS 'i a�€x �ssse4�i O i -",I If Municipal solutions • Speed Humus • Speed Tables • Speed Cushlons • Traffic Circles • Curb Extensions /Medians • Alley Bumps > Radar Sneed Si Municipal Solution @-Traffic CiLcIp$ Traffic Circles Traffic circles are raised Islands placed in Intersections that slow cars by forcing them to drive around a circle, Chas impeding vehicle speed. Traffic LOglk superi'lex curbing can be used to create traffic cu cles. Private Communities • Speed Bumps printer friendly • Mini Humps • Car Stops General description: The Rubber Curbs are used to construct curbs, bulb -outs, traffic circles, and traffic islands. The weight of each unit of Product Warranty the curb is 13.2 lbs. Each unit is bolted to a paved road surface using three lag bolts 3/8" dia. through a plastic shield Installed in the road surface. Conditional Use Terms Dimensions of the - width 3.125" ( +/- 1/16 ") modules: - length 39" ( +/- 1/8 ") - height 4" ( +1- 1/8 ") Dimensions of the Traffic Circle; - minimum inside diameter: 6.5 feet Material: Compression molded synthetic and natural rubber Physical properties, - density: =68 pounds per cubic foot - tensile strength: 800 psi - durorneter shore hardness: 70A specific gravity: 1.4 elongation: 160% Marking: - rubber' curbs are available in black or red brick color each unit can be marked with either four reflective strips of white or yellow tape 1.5" by 3.75" each Installation method: each curb unit is affixed to the pavernent with three zinc plated steel lag bolts 3/8" x 4°, plastic polypropylene shields and 3/8" zinc plated steel washers supplied with the units 4/16" diarneter holes are drilled through the holes in the units into a paved road. the plastic shields are installed in the mounting holes with the provided installation tool the lag bolts are inserted into mounting holes and tightened (do not over tighten the bolts) Installation tools: measuring tape, heavy duty humrner drill, 4/16" dia. by 10" long carbide tip drill bits, installation tool for plastic shields, 11/1.6" drive socket with a power tool, portable blower, utility knife, crow bars installation tool for the plastic: shields is supplied for the initial installation job only additional bolts, shields, washers, and installation tools <:an be purchased frorn Traffic Logix Warranty: A two (2) year warranty is provided on all rubber curb components installed as per the manufacturer's installation instructions, I 4UV' W.TRAFFICL6OMOOM 1-866-91-LOGIX (866AS-6449) HOME I C,0N l,iG i'l' Municipal Solutions Municipal Solutions�cTraffic Circles • Speed Hums Traffic Circles > Speed Tables Traffic circles are raised islands placed in intersections > Speed Cushions that slow cars by forcing thern to drive around a circle, thus impeding vehicle speed. Fraffic Logix SuperFlex > Traffic Circles curbing can be used to create traffic circles. > Curb Extensions/Medians s 3 z > Ailey Bums > Radar Speed Signs Main F :k t u r s Did ierslo.Is rE-c cs Instaallation Guide Private Conirntinities. y Speed Bumps an Printer Friendly Format View Installation Video • Mini Humps > Car Stops Installation Guide Product Warranty Installation Tools • Chalk • Conditional Use 1'ernns Measuring tape • Heavy duty hammer drill • Drill bits carbide tip, At least two 9/16? dia., 10-12? long • Hammer • Sledge hammer (for final adjustment) • 11/16? drive socket with an extension and power tool • Street broom • Utility knife • Long rope or cord • Crow bars, gooseneck wrecking bars • Portable blower for cleaning installation holes • Gloves, safety glasses, Traffic cones, drums or barricades for securing the site • 2-4 installers (depending on the solution installed) Installation Process The first step is to remove any debris off of the roadway where the rubber circle is going to be installed. Place one end of the rope or cord on the ?X? and the other end on the future perimeter of the circle. Keeping one end of the rope on the ?X? and holding onto the other end of the rope make a circle by marking several locations as you go around. This is a good time to check and make Sure the circle is the size that YOU want it to be. The next step would be to anchor one piece of our Super Flex red curt) on the painted line. Place one end of the rubber curb on the line and drill a hole through one of the three holes found in the rubber curbing. The hole should be approx. 4? deep. Using an air compressor blow out the debris and insert a plastic anchor. Using the anchor installation tool install the plastic anchor through the curbing and into the asphalte. Install a bolt and washer into the plastic anchor and tighten the bolt. Repeat this process until all of the rubber curbing have been installed. Sometirries it?s necessary to cut the last piece or two of the red curb in order to get the right fit of your circle, Some cities have added bricks or asphalt in the center of the circle to beautify the neighborhood as well as to Support the vehicles which may inadvertently drive over the circle, Precautions: • Frorn a safety point of view, steel toe boots and safety gloves are required. • Make Sure that the units are tight and well aligned before moving from one step to another, • Make sure the holes are clear of dust and debris before installing the anchors • Remember that all of the bolts need to be installed for the warranty to be in affect. • "Fraffic Calming devices must be removed in the fall prior to the arrival of snow and installed in the spring after the last snow storm, • Quarterly inspections should be made of each traffic calrning device. In accordance with ITE standards appropriate traffic signs should be installed with each traffic calming device. Ail1LcPblvrrf ...eo,vtu.co. Lux --wry Prodtaxi Spy ci i a ol— Pile Weight Denier Film Type Primary Backing Weight Secondary Backing Weight Anti- Bacterial Layer Backing Cloth Total Weight Finished Pile Height Range Tufting Gauge Primary Backing Secondary Backing Roll Widths Perforation Minimum Required Tuft Bind Colors Available Warrantv 72 oz/ sq yd 11660 – 260 Micron Monofilament- 3 color w/ thatch 10 oz/ sq yd 28 oz/ sq yd Resistance to Mico- Organisms Nanobac 110 oz/ sq yd 2" (+/-1/8") directional 3/8" Polypropylene BASF Latex - 100% Recyclable or PU 13"' or 15 every 4" 8 lbs Green 8 years No infill is required. LEAD FREE and LEED Rated. Carpet Recovery Program Acceptable PolyTurf® system specifies sub -base should be a minimum of crushed miscellaneous base (CMB) compacted to 95% for landscaping applications. Reference PolyTurf construction specifications and detail drawings. PolyDrain® system also available through PolyTurf, Inc. PolyLayer® Bound recycled rubber system also available through PolyTur , Inc. Professionally Installed or Do -It -Yourself "Making America Greener one Lawn at a Time"® T'hese are sxl.?==';'tet' sp' i+;at7om"; Zmi"',fect to standard 1 a??L77xC::tlt"!"fg.C.i..'Ycit'fC€=i PolyTurf Ine. 4000 Barranca Parkway, Suite 250, Irvine, CA 92604 Tel: (949) 551-4696 Fax: (949) 551-4695 Instructions for the Installation and Maintenance of t MW Co varing Alew Ground Synthetic Turf © PolyTurf 2004 This document may not be reproduced in whole or in part, by any means, or for any purpose, without the express permission in writing of an authorized representative of PolyTurf, Inc. PolyTurf, Inc W.S nflY.�,:� kI(v(z k� S:.rizX�+i:, <��th:a 4000 Barranca Parkway, Suite 250, Irvine, California 92604 tel: (949) 551-4696 ♦ fax: (949) 551-4695 e-mail: info@sustainablesurfacing.com ♦ website: www.sustainablesurfacing.com Introduction When it is installed correctly, PolyTurf® will provide many years of trouble free, useful and attractive service. Just like laying a carpet, preparing the underlay is as important as laying the turf. Lumps and bumps, and particularly sharp objects under the turf can damage it and will be felt through the turf when you walk on it, so make sure the underlay is cleared of any debris before you lay down the turf. Installation is not difficult, but it is important to perform each step in the process properly. Turf rolls are heavy, so make sure you have help and be careful when moving them into position. Adhesives used for taping seams or for gluing down no -fill turf may affect some people who have allergies, so always wear gloves and eye protection, avoid breathing fumes or getting the glue on your skin. Ideal conditions for performing the installation are warm sunny days with reasonably dry earth to make raking and smoothing easy. Weeds rarely penetrate the turf, but an optional weed blanket, which also contains anti -bacterial qualities, is recommended for all lawns. Occasionally, airborne seeds may take root if conditions are ideal, particularly in sand -filled installations, but they are easily pulled out because the roots will be unlikely to penetrate the turf base layer. If you have any difficulties or problems, please call the office for help. The number is (949) 551-4696. PeVU, t I : t .1.,:. ir..r [,tri a, l <. E `•.'F°i i , ' ti;r:c: t; Materials Required The materials required to install a PolyTurf® lawn are few and simple. Always use the recommended materials to ensure a satisfactory installation. Crushed Miscellaneous Base: To provide a firm but porous underlay. This product compacts well ( 95% comp- acting) and has a good feel under the turf ...or Class 2 Base: (permeable 3/4") A coarser underlay which provides better drainage where this may be required. Not recommended under the "No -Fill" lawns which have excellent surface drainage anyway. Silica Sand: Used as an infill material to minimize flattening and hold the turf down on the underlay..... or Crumb Rubber Granules: 14-20 mesh SBR Rubber granules used to provide a resilient infill for softer impact and improved traction as well as to reduce flattening. Seam Tape: A wide tape used to join the seams on larger areas, or where a repair is necessary. Seam Glue: The adhesive recommended for use with the seam tape. 3M 1059 Rubber and Gasket Adhesive or similar is suitable. Nails 1: Used to pin down the turf on sloping areas. Typically a 6" to 10" galvanized (60D) common nail is used. Not recommended for use on sports fields or for areas with a high level of activity. (In case nails work loose and become a potential hazard). Nails 2: Smaller nails used to hold down the outer edges of the turf around the perimeter. The turf is nailed down to a perimeter edging board. Typically galvanized roofing nails can be used. Edging Board: 2x4's or 2x6's laid around the perimeter of the installation flush with the underlay to nail the outer edges of the turf to prevent creep or curling. Use plastic lumber when available or redwood for rot resistance. Rubber Underlay: (optional) Continuous Roll or sectional rubber matting laid on top of the sub- strate or underlay to provide a cushioning effect where "No -Fill" turf is used. The thickness can be varied to provide the required "Fall Height" protection. Underlay Adhesive: The adhesive recommended for gluing the "No -Fill" turf onto the Rubber Underlay. Sprinkler System Caps: To cap the sprinkler system when the heads are removed and the system shut off. .; .. ,.c.Ifs.) "LaPt.3.1] t:'; ;,� �. _00'5 i 3 V:,',i ,1C3a3 Site Preparation The preparation of the surface will vary depending upon use and drainage requirements. Generally, "Filled" lawns will require better sub-strate drainage than will "No -fill" lawns because of the tendency of the fill to retain water, and because "Filled" turf is generally used on level areas rather than naturally draining slopes. When using infill on sloping areas, there is a tendency for the infill material to be washed downhill over time, where it will need to be collected and re -distributed. Typically, the following procedure is employed. Removal of existing surface: The existing grass or loose topsoil is to be removed and disposed of, down to undisturbed earth. Where the topsoil is reasonably compacted it can be left. The reason is, that the sub-strate needs to be firm so that it doesn't move around under the turf, creating humps and valleys, or collecting drainage water. Sub-strate: The existing sub-strate of soil, sand, gravel etc., is to be raked and leveled to the required contours, and any protruding large rocks, roots or litter removed. Use a compactor to pack the surface firmly enough — ideally to 95% compaction - so that it will not move around under the turf under normal use. Perimeter Edging Board: Lay 2x4's or 2x6's around the perimeter of the area to nail the outer edges of the turf to. Preferably use recycled plastic lumber substitute because it won't rot and nails will hold well in it. Cut it into small sections to go around curved edges, filling in the gaps with the underlay material. Lay it so that the top surface is level with the adjacent areas or curbs. Where the perimeter of the turf area abuts flower beds and is curved, "Bend -a -Board" can be used to define the area, and the edging board laid close to it. Sub -Base: 95% Compacted CMB (Crushed Misc. Base) or DG and a weed blanket. Depending upon the composition and condition of the sub-strate, some underlay material may be required. For example, if the sub-strate is clay or extremely hard, packed soil, it will not drain on a level surface. A layer of Decomposed Granite or Class 2 Base (gravel) will need to be laid down and compacted to provide drainage. The amount (depth) of underlay, and the material used will depend on local conditions. Typically 3" of Class 2 Base will suffice. Around the perimeter, the substrate should be dug out to a depth of about 12" and for 12" in and then backfilled with the underlay material to provide a drainage sump. Use the underlay material to bring the level of the surface up to the level of edging boards, adjacent surfaces and curbs as required. (See diagram in Turf Installation section) Make Sure to compact to 95%. Sprinkler System: Turn the system off at the source and remove the sprinkler heads. Cap the pipes NOTE: If you have any doubts or questions concerning the appropriate materials or mmannfc in ha ncnd nlaocn r_all fhn PaldTurf Mira of (QdQI 551.QRQR fnr Turf Installation There are two basic systems for PolyTurf® synthetic turf. There is the "Infill" system which requires, or is improved by, an infill material such as silica sand or crumb rubber granules to provide a cushion, help prevent the strands from flattening, and to hold the turf down. This infill material is spread after the turf is installed. Then there is the "No Fill" system which does not require an infill material because the strands are made of a non-directional material which stands up straighter and resists flattening. The infill system is suitable for use on reasonably flat areas and for sports surfaces where impact absorption is desirable, but "No Fill" is preferable on sloping surfaces or where the installation is for purely visual effect only and does not have any traffic on it. On a sloping surface, infill material may be washed down over time and will then need to be collected and redistributed. Neither is it suitable around pools where the material may get scattered into the pool area, or the pool itself. Infill Style With the underlay prepared, the edging board in place and the entire area compacted and tamped smooth and firm, work out your lawn layout. Keep the layout as simple as possible, with as few seams as possible. Measure the width of the roll of turf. Check your roll and see if it comes with a border of fabric along one or both edges extending a couple of inches beyond the last row of turf. This border will have to be trimmed off with a carpet knife between the last row of turf tufts and the next one in. When you know the width of a roll decide which way you will run it out on your lawn area. Turf that is directional is best viewed against the grain, that is, with the grass bending towards you. The turf lays down across the roll, along the line of the stitching, so, if you wanted the best view to be from your living room windows, you would lay the turf out by rolling from left to right or right to left across the front of your windows. With non-directional turf it doesn't matter which way you lay it. f=lwrar Bed Typical 111"f ill" Turf Installation l: "(3endv,-bored' bndscape edging Un'.lerlay "".4" r ('rf re7i;irec� PohTrf Sand or Rubber I:>fili .4ukrstrrrt� �' 2\11 iruycicd i Optional Plastic hamkx r := edyingLard f,WeedBlanket 1 ,� r �.1i.6 AX C ar 1) If you have room close by, roll the turf out to the length of your first strip. If you can work off your new lawn surface it will avoid disturbing your newly leveled and tamped surface. 2) Using the carpet knife, cut off the length of your first strip. 3) If the turf has a fabric border still attached, trim it off between the first and second row of stitching. Work from the back so you can see what you're doing. 4) Roll it up again and carry the roll onto the new lawn surface. Place the roll at the end of your first row and carefully roll it out without disturbing your underlay. 5) Move it into position, pull it tight, and trim around any shrubs, trees, paths etc with the carpet knife or shears. Don't trim it too close at this point, you need to leave some material to trim off if necessary when the turf is nailed down and stretched. 6) Allow it to relax for an hour or more in the warm sun before carrying on. In the meantime you can measure and cut your next strip of turf, trim the border and fit it around any obstacles. 7) Starting in a corner, nail the edge of the turf to the edging board with the galvanized roofing nails. Work across the end first, pulling the turf tight as you go. Leave about 18" at the end un -nailed. 8) With the end secure, pull the turf tight lengthways, using the carpet kicker to help pull it out, then nail it down along the edging board lengthways. 9) Nail across the other end, pulling it tight and again leave about 18" free at the end. 10) Place the second row of turf beside the first one, positioning it so the edges just touch with no overlap. 11) Pull one end tight across the roll and nail the centre part to the edging board, leaving 18" at each end. 12) Pull the strip tight, again using the carpet kicker if necessary and nail the other end the same way, making sure the long edges are still just touching. i. = i JI .Ei�_ i .i_.;..:.�._..> __i<ttl.d.t �-' ` 13) Repeat this procedure until your lawn is complete. 14) Return to the first strip and fold the long edge back about 18" (which is why you didn't nail the end!) Then fold the second, adjacent strip back 18" also. 15) Lay a strip of carpet tape - typically about 12" wide - the length of the strips and centered between them. Nail the ends down to the underlay so it doesn't move around as you apply the adhesive. 16) Apply the adhesive to the strip according to the instructions on the container. 17) With someone at each end, holding the strip tight, lay the first strip down onto the carpet tape. Press it down. Lay the second strip down the same way. 18) Nail the ends down, 12" to 18" apart. 19) Repeat this process for the entire area. 20) Now take the power carpet brush and brush the entire area to raise the strands, and fluff them up. 21) Starting in one corner, distribute the infill material with a shovel onto the turf. Place it to approximately the required depth as you go so you don't flatten the turf again as you walk on it. 22) Have one person spread and distribute the infill while a second person uses the stiff yard brush to work it down into the turf. The brushing action will keep the tufts upright as the infill settles to the bottom. Keep adding material until you are satisfied with the amount in place, then move on. �'S V '06 i` 'r.t�::t :. It�x' ' )•: i 23) When the entire area is filled and brushed in, you're done, and you have a beautiful, long lasting lawn that you can enjoy without having to water, weed or cut. 24) Save any pieces left over in case you have to repair a damaged area in the future. No Infill Style No Infill turf is an excellent choice where: a) The area is steeply sloped, because infill material can be washed down by.rain and traffic. b) The use is primarily visual with little or no traffic on it. c) Around pools where infill scattering would be undesirable. d) On rooftops or balconies e) Areas where small children will play. On a CMB (Crushed Misc. Base) 95% compacted substrate No Infill turf can be used over a compacted surface. It is too light to stay in place by itself, so it needs to be nailed down using long, galvanized nails. On an infill lawn, the infill and perimeter nailing holds it in place. Floluer Bed Typical 'IN o -Fill" Turf Installation on gravel underlay °Dind-a-Board" landscape edging (if re wry Underlagf 2"A" ;. q '-dJ Polhjfurf"No-Fill" 10" G.-Wvanized Nails Sub-stri-.Ae 2A recycled a , plastic lurfbir ff r 1 Optional edging Board / j Weed Blanket Installation is similar to the previously described "Infill" method, except of course, that no infill material is added. Nails are used about 12" to 15" apart, placed as much as possible between tufts so that they are invisible. NOTE: Whenever nails are used to hold down turf, they should he checked from time to time to make sure they are not working out as a result of traffic, earth movement or other causes. Protruding nails can he a potential hazard to people and animals, so drive them hack in if thea stick their heads unl N i05 On concrete substrate "No Fill" turf may be applied directly onto a concrete surface. This is not a desirable method where people will be walking or playing on it, however it is excellent when the requirement is for a purely visual installation. The concrete should have some slope to it, in which case the area will be self draining and quick drying since the turf will not retain moisture for long. Ravi I:;rBed Typical "Mo-Fill"Turf Installation on concrete underlay "E.bnd_a_Board" l andsozVe edging (if requirec{i PolyTurf 'No Fill" Cuvncletc Unt9crlay:?"+ 2x4 mcyclud SLOPE i �1 Optional plastic lurnb--r s edging kx)ard � Weed Blanket Installation is similar to the "Infill' method with a couple of exceptions. a) No infill is used at all. b) The material is glued to the concrete so no seam taping is necessary. The procedure is modified as follows: 1) Stretch the first row as described, but just nail it down the long edge. 2) Mark along the outer edge of the row withy chalk or spray paint and then fold the entire row back out of the way. 3) Spread the recommended adhesive onto the concrete as per the instructions on the container. 4) Holding the outer corners at each end, pull it tight and lay it down onto the wet adhesive. 5) It may be helpful to have someone in the center to lay the center down first while the ends are held clear, then work towards the ends, smoothing the turf as you go. 6) If the row is too long to do this easily, it may be preferable to roll it up and lift it clear rather than folding it, then it can be unrolled and stretched as you go rather than lifted as just described. 7) For the second, and subsequent rows, place the row so the edges are just touching, then fold back the adjacent edge about half way. 8) Apply the adhesive and then replace the folded back portion, working from the centre and smoothing it as you go. 9) Fold back the remainder, apply the adhesive, then replace the folded back portion. 10) Always work from the center to avoid wrinkles that will be hard to work out. On rubber matting substrate "No Fill" is ideal for use in play areas like playgrounds or around pools. There is no infill to get in children's' clothes or ears, or to contaminate the pool. An important aspect of play areas is that the surface be resilient, so that if children fall, they won't injure themselves. The degree of resilience is called "Fall Height" and government regulations are quite specific about desirable fall heights in public play areas. To provide adequate resilience, rubber matting can be installed under the turf. Matting can be: a) Sectional mats which are laid down end to end and side to side b) Continuous roll, just like the turf c) Poured in place using a mixture of recycled rubber buffings and/or crumb and urethane binder. Thicknesses vary from 'A" to 3/4" for mats and roll, and as thick as you like for Pour -in -Place. Installation is similar to the concrete method with the additional requirement of laying the rubber underlay. Laying rubber mats, whether continuous or sectional is straight -forward. If they are laid on a CMB or earth sub-strate they need to be nailed down with a weed blanket underneath as we described in the "No Fill" turf on CMB substrate" method. If on concrete, glue them down as described in the "No Fill" turf on concrete substrate" method. Then proceed to glue the turf down onto the rubber underlay as previously described. If you choose to lay down a thicker, Poured -in -Place underlay, please call the office at (949) 551-4696 and discuss the method with our installation specialists. The procedure requires careful control regarding mixtures, temperatures, safety considerations and methodology and is treated as a separate project. Some DO's and DOIITs DO: measure Udee, cut once) DO: Ask our installation experts if you aren't sure about something. OUT ,se non -approved materials and adhesives. DONT: Try to move heavy rolls of turf yourself — get help. BUT: Throw cut-offs and scrams away. von mimht need them for remsirs. Maintenance PolyTurf® lawns require very little maintenance. Occasional washing with a garden hose will freshen it up and remove any dust. Use a blower or light lawn rake to remove leaves, and pull any small weeds that may have grown from air borne seeds landing in the sand infill. Try to remove pet poops as soon as possible. As a general cleaner if the lawn becomes stained, use Simple Green or a similar product, and CLR for water oxidation from nearby sprinkler systems. Just apply them to the problem areas, wait a few minutes and rinse them off. Repairs It's always a good idea to keep the scraps left over from your original installation. They can be used to patch any areas that become damaged. While the turf is highly resistant to most normal contaminants and normal use, strong acids or other chemicals can discolor it, and sharp objects, vehicles, or vandals may damage it. Small tears can be repaired by sewing the edges together if they are noticeable. Use a UV resistant and rot proof thread. Larger areas may require the offending piece to be cut out and a new piece inserted Cut out the damaged piece, straight edges are easier, but curved, random sides will be less noticeable If you do random shaped cutouts, place the cutout piece on a piece of newsprint or other paper and trace the outline on it. Then transfer the outline to a new piece of turf (on the back), making sure the turf is aligned the same way for directional grain turf. Note: Make sure you transfer it the right way, you don't want a mirror image after you cut it out! If the existing turf is just laid down on the underlay, use the seam tape in short sections to join the edges of the new piece to the existing one. Place adhesive on one side of the tape and slip it under the edge of the existing turf. Do this all around the edge. Spread adhesive on the exposed tape and carefully place the new piece into position, pressing it down firmly onto the tape. Fill the new turf to the same density as the surrounding turf with the infill material. If the existing turf is glued to the substrate, then the tape is not necessary, just glue the new piece in place. '1,ok 1,.€"1, If'',�5 41f. Warranty WARRANTY PolyTurf® warrants the materials: for a period of eight (8) years from the date of purchase (original receipt required) against defects in materials and/or workmanship, including ultra -violet degradation or excessive fading. PolyTurf® will repair or replace, as it deems necessary, those materials which exhibit such defects resulting from errors or deficiencies in materials or workmanship at no cost to the owner. PolyTurfo does not warrant against normal wear and tear as determined by an independent laboratory specializing in artificial turf. PolyTurfe also does not warrant against damage caused by improper use, neglect, vandalism, fire, floods, change in water table, or other acts of God. This Warranty applies only to the materials supplied by PolyTurf®, and not to problems or difficulties, defects or damage caused by or in connection with the installation of the product(s). LM Date Tools and Equipment Required The tools and equipment listed here are those required for a small installation such as a lawn or putting green. Wheelbarrow: For moving sand, gravel, etc. around Shovel(s): For loading and unloading sand and gravel, rubber etc. Rake(s): For spreading and leveling the substrate and the underlay. Stiff Nylon yard brush(s): for working in and spreading the in -fill (rubber or sand) Compactor: For compacting the substrate and underlay. Heavy hammer(s): For driving galvanized nails to hold turf in place. Power Brush: (optional) for fluffing the pile prior to infilling. Pair of Pliers: For removing sprinkler heads. Carpet Knives: Slotted and loop pile for cutting turf. Carpet Shears: For trimming fine edges. Carpet Kicker: For tightening turf and removing wrinkles. Leaf Blower: For cleaning up surrounding area. Shop Vac: For clean up. Tape Measure: For measuring. Seed Spreader: (optional) for spreading sand infill Poli"l :3 f t t i`..,.;i€,. : I iii ,i 2(05 1() 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT MAY 2 6 7009 Agenda Item No. s May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3314 or tsandefur @city.newport- beach.ca.us SUBJECT: KINGS ROAD / KINGS PLACE PAVEMENT RECONSTRUCTION — AWARD OF CONTRACT NO. 4095 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4095 to The R.J. Noble Company, for the Total Bid Price of $647,404.20 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $65,000 to cover the cost of unforeseen work. 4. Approve a budget amendment designating Kings Road /Kings Place Pavement Reconstruction (7251- C2002020) to receive $282,600 in County of Orange CAP funds which were previously designated for DoverANestcliff Street Rehabiliation and designating Dover/Westcliff Street Rehabilitation (7181- C2002018) to receive $282,600 in Gas Tax funds previously designated for Kings Rd /Kings Place Pavement Reconstruction. Discussion: At 10:00 a.m. on April 29, 2009 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $647,404.20 $746,503.00 $773,773.00 $790,725.00 $790,993.00 $798,407.00 $893,572.00 The low total bid amount is 4 percent below the Engineer's Estimate of $675,000. The low bidder, R.J. Noble Company, possesses a Califomia State Contractors License Classification "A" as required by the project specifications. BIDDER Low The R.J. Noble Company 2 Sequel Contractors, Inc. 3 All American Asphalt 4 Palp, Inc. 5 I.C.E. Engineering 6 LH Engineering Co. 7 Hillcrest Contracting TOTAL BID AMOUNT $647,404.20 $746,503.00 $773,773.00 $790,725.00 $790,993.00 $798,407.00 $893,572.00 The low total bid amount is 4 percent below the Engineer's Estimate of $675,000. The low bidder, R.J. Noble Company, possesses a Califomia State Contractors License Classification "A" as required by the project specifications. • Kings Road / Kings Place Pavement Recoopruc0on - Award of Contract No. 4095 May 26, 2009 Page: 2 I,u�e�rCr;tf��ary for the completion of this contract consists of mobilization, traffic colt, o titnls'tNction notifications, survey. services, curb and gutter, roadway redonistruction, storm drain systems, traffic striping and signage, and all other items of work required to complete the work in place. In addition, the project calls for the installation of a traffic circle at the intersection of Santa Ana Avenue and Clay Street. The traffic circle is a neighborhood traffic management improvement designed to slow traffic in the area. The project location was identified by staff through a neighborhood traffic study and addresses concerns raised by the residents. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 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. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Prior to the start of construction, the City and Contractor will be hosting a community meeting at the construction site in order to answer any questions about the schedule and staging from the affected homeowners. Geotechnical and Other Costs: In addition to the contract costs, approximately $7,620 in consulting geotechnical services are estimated for this project, which will be performed under the on -call professional services agreement. $1,000 is included for printing and other incidentals. Funding Availability: The current CIP budget designates DoverNVestcliff Street Rehabilitation to receive County of Orange CAP grant funds. This project was delayed and Public Works obtained permission to apply the grant funds to the Kings Road Kings Place Pavement project to meet the spending requirements of the grant. Upon approval of the budget amendment, sufficient funds are available in the following accounts for the project: Account Description Account Number Gas Tax 7181- C2002020 Contributions 7251- C2002020 Transportation and Circulation 7261- C3001004 Total: Amount $419,445.00 $282,600.00 $ 18,979.20 $ 721,024.20 • IGngs Road / IGngs Place Pavement Ree• coon — Award of Contract No. 4095 May 26, 2009 Page: 3 Proposed uses are as follows: Vendor The R.J. Noble Company The R.J. Noble Company Harrington Geotechnical Various Prepared by: Tom Sandefur Associate Civil Engineer Attachments: Project Location Map Puraose Amount Construction Contract $647,404.20 Construction Contingency $65,000.00 Geotechnical Testing $7,620.00 Printing and Incidentals $1,000.00 Total: $ 721,024.20 Submitted by: Director (Wy of Newport Beachq BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 09BA -057 AMOUNT: $za2,soo.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer funding sources. Kings Road/Kings Place Pavement Reconstruction Project will be funded from the County of Orange CAP funds in the Contributions Fund and the Dover/Westcliff Street Rehabilitation Project will be funded from Gas Tax revenues. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit Division Number Account Number Division Number Account Number Signed: Signed: Approval: Admmis raWe Services Director Administrative Approval: City Manager Automatic $282,600.00 $282,600.00 S /43 -09 Date s ti D e Signed: City Council Approval: City Clerk Date Description Division Number 7251 Contributions Fund - Capital Projects Account Number C2002018 Dover/Westcliff Street Rehab $282,600.00 Account Number C2002020 Kings Rd /Kings PI Pavement Reconstruction Division Number 7181 Gas Tax - Capital Projects Account Number C2002020 Kings Rd/Kings PI Pavement Reconstruction $282,600.00 Account Number C2002018 Dover/Westcliff Street Rehab . Division Number Account Number Division Number Account Number Signed: Signed: Approval: Admmis raWe Services Director Administrative Approval: City Manager Automatic $282,600.00 $282,600.00 S /43 -09 Date s ti D e Signed: City Council Approval: City Clerk Date