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HomeMy WebLinkAboutC-4524 - OASIS Parking Lot West and Fifth Avenue Resurfacing ProjectE i\/f� . F ) i RECORDING REQUESTED BYf�ID/// WHEN RECORDED RET ' ffW 6 AN 9: 50 City Clerk OFFICE OF City of Newport Beach THE CITY CLERK 3300 Newport Boulevard CITY OF PdE !,rr)PT BEC -H Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and RJ. Noble Company, of Orange, California, as Contractor, entered into a Contract on July 27, 2010. Said Contract set t� forth certain improvements, as follows: Oasis Parking Lot West and Fifth Avenue Resurfacing Project — (C-4524) Work on said Contract was completed, and was found to be acceptable on November 9, 2010, 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. ly / / u�l�k��/orks Director /(,�f Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on > Ove w %0 Z0/ -o , at Newport Beach, California. City Clerk LLL 9 \� r %:F6 n s �J X1-1 FO Rr; n s, November 10, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notice of Completion for the following project: Oasis Parking Lot West and Fifth Avenue Resurfacing Project — (C-4524) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Q/Wt. 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and RJ. Noble Company, of Orange, California, as Contractor, entered into a Contract on July 27, 2010. Said Contract set forth certain improvements, as follows: Oasis Parking Lot West and Fifth Avenue Resurfacing Project — (C-4524) Work on said Contract was completed, and was found to be acceptable on November 9, 2010, 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. 6orks 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 �Oveww /0, , at Newport Beach, California. City Clerk s ORNtP CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 3�%ego-a-o CITY OF NEWPORT BEACH E 0 )I` 10 Agenda Te—m No. ' November 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949-644-3316 or ptauscher@newportbeachca.gov SUBJECT: OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4524 ISSUE Staff requests approval to accept the OASIS Parking Lot West & Fifth Avenue Resurfacing, Contract No. 4524, as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION Summary of Completed Construction Contract Total Contract Final Cost at Benchmark Actual Contract Time Amount Completion Target Time Under (-) (days) or Over (+) $149,924.50 $159,024.17 Contract Contract 20 -4 Plus 10% +6.1% On July 27, 2010, City Council authorized the award of OASIS Parking Lot West & Fifth Avenue Resurfacing contract to R.J. Nobel Company at a contract cost of $149,924.50. The contract included removing existing pavement; installing PVC perforated pipe in pervious backfill material; cement treating the parking lot subgrade; installing curb access ramps; and restriping the parking lot and Fifth Avenue. OASIS Parking Lc ;st & Fifth Avenue Resurfacing Completion and Acceptance of Contract No. 4524 November 9, 2010 Page 3 FUNDING AVAILABILITY: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount OASIS Senior Center Rebuild 7453-C1002007 $ 159,024.17 Total Construction Cost $ 159,024.17 Prepared by: Peter Tauscher Junior Engineer Attachment: Location Map Submitted by: CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 AM on the 13th day of July, 2010, at which time such bids shall be opened and read for OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT Title of Project Contract No. 4524 $145,500.00 Engineer's Estimate Badum Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project. "A" For further information, call Peter Tauscher, Project Manager at (949) 644 3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hfti)://www.NewportBeachCA.gov CLICK: Online Services lBidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES. NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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 Authori tl Signature/ itle MICHAEL J. CARVER, PRESIDENT JULY 13, 2010 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS_ PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 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 AMOUNT BID Dollars ($ 10% OF 'BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT, Contract No. 4524 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 6TH day of _ JULY , 2010. R.J. Noble Company Name of Contractor (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 ent Auth " ed Signature/Title is ae arver, resid Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) M111166 al&.�S�S..a..gDSf'AS:AIIW State of California County of ORANGE On 07/08/2010 Date before me, JENNIFER DE IONGH, NOTARY PUBLIC Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER Name(s) of Signer(s) JENNIFER DE IONGH Commission # 1 771 186 ,� tif, Notary Public - California Z N " Orange County ivlyC:omm.Expires Oct 28,2011 who proved to me on the basis of satisfactory evidence to be the persono whose name4) is/Ara subscribed to the within instrument and acknowledged to me that he/she*tey executed the same in his/4&;4he4r authorized capacity(,�es , and that by his/hf;r4heig signaturek< 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_oaVJagad and official seal. e Signatur4 _.. . - Place Notary Seal Above a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relyf 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 pmejalKileumn ❑ Trustee Top of thumb here El Guardian or Conservator ❑ Other: Signer Is Representing: 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.NationalNotary.org Item 45907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE OnJ1Z ILQ before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title ofthe officer) personally appeared MICHAEL D. STONG who proved to Ire on the basis of satisfactory evidence to be the person,(,s'fwhose name(o'is/amsubscribed to the within instrument and acknowledged to the that lie/Ae,44tey executed the same in his/.hs teiT authorized capacity0e4 and that by leis/her h@.ir signature(,<on the instrument the personK, or the entity upon behalf of which the personWacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.PPI dti �� a COMM, #1796916 Cr " NOTARY PUBLIC • CALIFORNIA 02RIVERSIDE COUNTY Signature of Notary Pub l (Notary Seal) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Vcrsion CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM :Ind- acM,owledgmem completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. hi such instances, any alternative acknowledgment verbiage as nia'v be printed on such a document so long as the verbiage does not require lite notan- to do something that is illegal for a notan, in California (i.e. certifying the authorized capacitl, of the signer). Please check the document carefully for proper notarial wording 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 forms {i.e the/she/gwy, 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. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment fonts • Signature ofthe notary public must match the signature on rile 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 attuched document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document WARNIryF -THIS POWER OF ATTORNEY IS INVALI POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003677999 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of Riverside State of California their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, 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 y 2010 . Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 20th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company .... ... I '+•'NMO•.. O •1< q"`(/ 6u... .. ., ,pytY AHO pyypFry �TYA� nn J• oamv J •4 p ., q j P ,........., 9 s O O� "Y�. 4 V !� G Cr >P Q'• RPO ' f f4J' � 3�' ' �i ' IHCOHPDRAiED� H �+;o ,�A>••srm. %6-cO rt �'"s ° 9a iRc 1977 _ �I fy RPORA . n i a HARTFORD, '3 HANfFORO, �a'� Ze S',,j� �d f l\•. n J : O x„� o°• y..........: L•lf �o•�••.. .: �de >y y! �, ......+• �a 1 ` 1Sw.wNw'�' +.5........ �� a•1 Fpa r ro � AIN State of Connecticut City of Hartford ss. By: Georg Thompson,enior ice President On this the 20th day of May 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,,rr In Witness Whereof, I hereunto set my hand and official seal. � i W lk C V My Commission expires the 30th day of June, 2011. p�L`G *% Marie C. Tetreault, Notary Public Ct'�$ 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 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 Address: Phone: 41 t�, State License Number: CW -7 9 Y J G4,35 Address: Address: �onC re �. � C0n�a , Com- s Phone: 1.1 lGt State License Number: QG Name: all a AQ Address: I L7 Phone: State License Number: R.J. NOBLE COMPANY Bidder X Auted ignature/TitIe MICHAEL J. CARVER, PRESIDENT 8 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 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 0A of r Total Bid Name: nn0 ��� h ( (/ (� r V1 ' �. Address: P' ( Phone: State License Number: 3 q/ D C 3 Name: �S e LA o_4 JL( rV-e Address: Phone: State License Number: Name: Address: Phone: State License Number: R.J. NOBLE COMPANY Bidder X A rized Signature/Title ICHAEL J. CARVER, PRESIDENT 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor Must use this formlll Please print or type. Bidders Name R.J. NOBLE COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number 2006 -07 ARTERIAL REHABILITATION Project Description ARTERIAL REHABILITATION Approximate Construction Dates: From 12/07 To: 06/09 Agency Name CITY OF HUNTINGTON BEACH Contact Person DAVE VERONE Telephone (711536-5221 3,875,54 .75 Original Contract Amount $ Final Contract Amount $ 4,036,984.74 If final amount is different from original, please explain (change orders, extra work, etc.) 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. 2 Project Name /Number STEPP ROAD, LINNELL LANE & MEADOWLARK LANE Project Description STREET IMPROVEMENTS Approximate Construction Dates: From 12/07 To: 06/09 Agency Name CITY OF MURRIETA Contact Person TOM NOWAK Telephone 951)304 -2489 1,298,906.95 Original Contract Amount $ Final Contract Amount $ 1,785,266.42 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK/CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number A.C. OVERLAY VARIOUS LOCATIONS Project Description ASPHALT OVERLAY Approximate Construction Dates: From 12/07 To: 10/08 Agency Name COUNTY OF ORANGE Contact Person HIRAM T. DOWNARD Telephone (714)567 -7812 1,593, Original Contract Amount $ Final Contract Amount $_1,613,211.50 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /Number VARIOUS STREET REHABILITATION Project Description STREET REHABILITATION Approximate Construction Dates: From 12107 To: 10/08 Agency Name CITY OF SAN CLEMENTE Contact Person GARY VOBORSKY Telephone (949)361 -6118 1,686,943. Original Contract Amount $ Final Contract Amount $1,686,943.55 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. 5 Project Name /Number FLOWER STREET REHABILITATION Project Description STREET REHABILITATION Approximate Construction Dates: From 12/07 To: 10/08 Agency Name CITY OF SANTA ANA Contact Person ED TORREZ Telephone 714}647 -5432 2,566,914.90 Original Contract Amount $ Final Contract Amount $ 2,585,587.90 If final amount is different from ongginal, please explain (change orders, extra work, etc.) EXTRA WORKICHANGE ORDE9 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. 11 No. 6 Project Name/Number 17TH ST. EAST OF SANTA ANA AVE. TO IRVINE AVE. Project Description STREET PAVING Approximate Construction Dates: From 12/07 Agency Name CITY OF COSTA MESA To: 10/08 Contact Person IRINA GUROVICH Telephone (114)754-5324 1,393,753.00 Original Contract Amount $ Final Contract Amount $ 1,523,396.70 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Ie R.J. NOBLE COMPANY X Bidder Autho ed Signature/Title MICHAEL J. CARVER, PRESIDENT 12 oh U comp -any. 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 OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 NON -COLLUSION AFFIDAVIT State of California ) ss. Countyof 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. I declare under penalty of perjury of the laws of the State of Californi at the foregoing is true and correct. R.J. NOBLE COMPANY X Bidder Au o ' ed Si nature/Title MIC AEL J. CARVER, PRESIDENT Subscribed and sworn to (or affirmed) before me on this 13 day of JULY , 2010 by MICHAEL J. CARVER, PRESIDENT , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Not ry P b is [SEAL] My Commission Expires: 1 0/28/2011 JENNIFER DE IONGH� Commission # 1771186 -� Notary Public - California z Orange County Nty Comm. Expires O ,t 28, 2011 13 ;..,> . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 DESIGNATION OF SURETIES Bidders name R.J. NOBLE COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): STONG SURETY INSURANCE SERVICES; MIKE STONG (951) 343-0382 / (951) 343-1219 4850 ARLINGTON AVE., STE B, RIVERSIDE, CA 92504 TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA; (909) 612-3000 21688 GATEWAY CENTER DR., DIAMOND BAR, CA 91765-8512 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name R.J. NOBLE COMPANY Record Last Five (5) Full Years Current Year of Record q ems is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts 29 82 44 54 53 4-2---3d-0-4 Total dollar 26 65 70 57 51 32 301 Amount of Contracts (in Thousands of $) MILLION- ------------ ------------- ------------- ------------ ------------ MILLION No. of fatalities --- NONE-------------------------------- ------------ --------------No. No.of lost WorkdayCases NONE---- ------------- ------------- -------------- ------------ ------------ ------------ No. of lost workday cases involvingNONE--------------------------------- ------------ ---------------------------------------------------- ------------ ------------ ----------- permanent permanent transfer to another job or termination of employment The information re uired for these items t q ems is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Business Tel. No.: (714) 637-15_50 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 JULY 13 - Title MICHAEL Signature of bidder X Date JULY 13, E VER, PKSIDENT Title CRAIG PORTER VICE PRESIDENT Signature of < bidder X Date JULY 1 10 Title STEVE MENDOZA SECRETARY Signature of - bidder Date Title JAMES N DUCOTE 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, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sa4�S,y�vca - --- ---- n.S,_. . CcaCy�C'a�.�S.. tica aaCc. . ca.'sa. ..� State of California County of ORANGE On 07/13/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER !ENNIFER ISE IONGH Commission # 1771186 <' -meB Notary Public - California = Z Orange County ' N71Y f7OMm. Exla'res Oct 23, 2011 .. -���- • tea. who proved to me on the basis of satisfactory evidence to be the person,0 whose name4o is/ax& subscribed to the within instrument and acknowledged to me that he/94e4l,vey executed the same in his/4o;4+4eir authorized capacity(,iesrJ, and that by his/4oW4hoir- signaturekK 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 official seal. ture Place Notary Seal Above Signag ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons -el ing on the document and could prevent fraudulent removal and reattachment of this form to anoth 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 LI General Ll Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., PO,8ox 2402 -Chatsworth, CA 91313-2402• www.Nationa[Notary.org JItem 45907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA• • State of California County of ORANGE On 07/13/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared CRAIG PORTER Names) of Signers) 41 :..:_ AfvNIFIR DE JONGH Cr'mmission # 1771186 Notary Publlc \- o - C California z z Oronge County ExpUesOct2a, 2.011 who proved to me on the basis of satisfactory evidence to be the person,(,s°j whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/s,laeahay executed the same in his/he4heir authorized capacity(iesf, and that by his/I;eCt%eiT signatureA on the instrument the person(4, 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 myhand and ffi i I seal. Sig Place Notary Seal Above L=;"L ( ignature of Notary Public OPTIONA 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: RIGHTTHUMBPRINT OF SIGNER •p of lhumb 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 .. of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationaiNotary.org Item 415907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT zaR,.�S,Tc saystS..ai.. ya• zi... . Via.. va ,aa ,�T�,.saA,.� ,w7. �a.,�R,.vaat,� � . ,. • ,�..�a>; QiS�" s,4A a ,. � a �nS,�. va �D � � ,� • ca. State of California County of ORANGE On 07/13/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared STEVE MENDOZA Name(s) of Signers) r= EN IFER DE IONGH r �'p Ccmmission # 1771186 Notory Public - California Z Orange County fviv^cxnm. Expires Oct 28, 2011 . vs�r• who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are subscribed to the within instrument and acknowledged to me that he/sb@4ey executed the same in his/#e#their authorized capacity(je4, and that by his/ba4heir signatureX on the instrument the personW,, or the entity upon behalf of which the person(,gj 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. WIT ES h d and fficial seal. Signature Place Notary Seal Above ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this 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 Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited C General ❑ Attorney in Fact O Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1.800-876-6827 lul CSa�.,.�.�R,:.?R..�R,!�:v.T<..,�R.LaR.s�S.3a•,�aS!a'.R�aR:�..aaR,saaca. q, saR,sa. ai„ :s�S�i.ca. AsaR„_ State of California County of ORANGE On 07/13/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared JAMES N. DUCOTE flNir RD IONGH f Commission # 1771186 Nofary public - California Z z Orange Countyp m, ' 0mm, Expires Oct 28, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(ay whose name(*-is/am subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hertthoix authorized capacity(ies , and that by NaihefAl?�ev signature,(Won the instrument the personjW, or the entity upon behalf of which the personlWacted, 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. Si OPTIONAL my hand and official seal. Though the information below is not required by law, it may prove valuable to) 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 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Public relying on the document ler 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 ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chalsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800876-6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST &FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 ACKNOWLEDGEMENT OF ADDENDA Bidders name R.J. NOBLE COMPANY The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: R.J. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Telephone and Fax Number: (714) 637 -1550: (714) 637 -6321 California State Contractors License No. and Class: A- 782908; CLASS A (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/14/00 Expiration Date: AUGUST 31, 2010 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: JACOB BREEDLOVE, ESTIMATOR The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 CRAIG PORTER, VICE PRESIDENT 714- 637 -1550 FOR ALL OFFICERS OF R.J. NOBLE COMPANY STEVE MENDOZ4,SECRETARY JAMES N. DUCOTE, TREASURER 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: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; NIA Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 0) Are any claims or actions unresolved or outstanding? Yes / 18D 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) 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 (Print name of Owner or President of Corporati company) X � Auth rzed Signature/Title PRESIDENT Title JULY 13, 2010 Date On JULY 13, 2010 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(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Not b is in and for said State (SEAL) JENNIF E IONGH My Commission Expires: 10128/2011 20 JENNIFER DE IONGH Commission # 1771186 • m NOfory Public - Ccllfornlo Orange County ' M"C�n• eWtesOO}28.2011 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 CONTRACT THIS AGREEMENT, entered into this I day of 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R.J. Noble Company, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT The work necessary for the completion of this contract for the OASIS Parking Lot West Resurfacing consists of distributing construction notices to affected residents; removing existing pavement; installing PVC perforated pipe in pervious backfill material, grading existing ground, installing cleanouts and manholes, and restoring pavement; restoring landscape; installing parking lot stripping; removing and installing curb access ramps; adjusting and replacing survey facilities; and other incidental items to complete work place required by the Drawings and Specifications. The Fifth Avenue Resurfacing work consists of maintaining traffic control; removing and disposing existing pavement and base; grinding, installing Glasgrid, overlaying and reconstructing roadway; installing traffic stripping, pavement markings, and raised pavement markers; adjusting and replacing utility facilities; and other incidental items to complete work place required by the Drawings and Specifications. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4524, 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. W B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Forty -Nine Thousand, Nine Hundred Twenty-Four and 501100 Dollars ($149,924.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Peter Tauscher (949)644-3316 R.J. Noble Company 15505 E. Lincoln Ave Orange, CA 92865 714- 637 -1550 714 -637 -6321 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 23 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. 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 Contract, 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 accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of 24 Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: L 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. c. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 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 Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractors subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. PA 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 MVi r - F- U `RORN%-- CITY OF NEWPORT BEACH A Municipal Corporation By. � A - 4 //; I /:/Z Z " k Mayor Keith Curry R.J. NOBLE COMPANY .. Beaucha; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On ()7/16/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared MICHAEL J. CARVER JENNIFER DE IONGH Commission # 1771186 Notary Public - California z , Orange County WyComm. ExplresOct28, 2011 who proved to me on the basis of satisfactory evidence to be the personjo whose nameko War& subscribed to the within instrument and acknowledged to me that he/may executed the same in his/14wAi4eir authorized capacity(, _J, and that by his/ho44eir, signatureW on the instrument the personA, or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and offi ial seal. Sign Place Notary Seal AboveSignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to pers 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: ❑ Individual 0 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: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited CI 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[Notary.org Item 95907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 07/16/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared CRAIG PORTER Name(s) of Signer(s) ILNNIFER DE IUNGH Commission # 1771186 z K Notary Public -California Z % Orange County p Niy ^omm. Expires Oct 2&, 2011 who proved to me on the basis of satisfactory evidence to be the persono) whose name(4 is/aKe subscribed to the within instrument and acknowledged to me that he/shaAhny executed the same in his/heFAheir authorized capacity(iei j, and that by his/4e644e signaturekd) on the instrument the person(4, or the entity upon behalf of which the person;4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN hand and of seal. Place Notary Seal Above Signatur Signature of No, Public OPTIONAL Though the information below is not required by law, it may prove valuable to pers 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: ❑ Individual C Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p 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 .. of thumb here 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 BOND NUMBER 105430263 EXECUTED IN FOUR COUNTERPARTS PREMIUM: $1,004.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 BOND NO. 105430263 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,004.00 being at the rate of $ 6.70 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.J. Noble Company, hereinafter designated as the "Principal", a contract for construction of OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT, Contract No. 4524 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. 4524 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 One Hundred Forty -Nine Thousand, Nine Hundred Twenty -Four and 50/100 Dollars ($149,924.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify. defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall become null and void. 29 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 vaguereceived, -stipulates-and agrees- -that -no-change, extension of -time, -- alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument Surety above named, on the 19th day of JULY x R.J.. ble Company (Principal) Mic ael J. Carver, President has been duly executed by the Principal and ,2 0. 1 gLZ� X Authorized Sig ure/Title Craig Porter, Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 nature MICHAEL 'D. STONG, ATTORNEY-IN-FACT Address of Surety Print Name and Title (909) 612-3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED QiS �R�S..� c]S;:.51�C�R<''R;-".yZL.�S!-61R!�R.��R.�R.3,R..�. � p�C,�R,:�R.�.c�C�R!g,C .c�R.�R,aR.SDGs�.•,c, a�R.�,��R..�aCc�. �,... � �R,cD.v�S zi ca3 c�.{.. State of California County of ORANGE On 07/19/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the -Officer' personally appeared MICHAEL J. CARVER Name(s) of Signers) JENNfFE� R p� H COmmISSIOn # 1771186 Z �� m' Notary Public -California Z ' Orange County ' fv`fy ^Ornm- Expkes Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the person�A whose named is/axe. subscribed to the within instrument and acknowledged to me that he/94e4hey executed the same in his/4@4 eir authorized capacity(,1esr), and that by his/ht;p4heir signaturekf 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 m hand an official seal. Place Notary Seal Above Signat e- Signature of Notary Public OPTIONA 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 RIGHTTHUMBPRINT OF SIGNER •. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited 0 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 45907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of ORANGE ��S�.�ac • .v �. caS,�a, aaS �9 On 07/19/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared CRAIG PORTER a JENNIFER DE IONGH • Commission # 1771186 Z; ee Notary Public - California z Z ' Orange County n y Comm. Expires Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the person�4 whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/may executed the same in his/heFAHe+r authorized capacity(iei` , and that by his/I;e#tIt64 signatureA on the instrument the person(zl, 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. Place Notary Seal Above Signat Signature of Notary Public OPTION L 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 Ci Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — C7 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.NationaiNotary.org Item 95907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On %`/7 //!� before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to the on the basis of satisfactory evidence to be the person,(.a'jwhose nafne(21 is/are- subscribed to the within instrument and acknowledged to me that lie/sheAtey executed the same in his/4wP,44it4r authorized capacity ii:4 and that by his/lam signature(,<on the instrument the personX,, or the entity upon behalf of which the personoacted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NAPS I COMM. #1796916 orNOTARY PUBLIC • CALIFORNIA I 4 4 RIVERSIDE COUNTY Signature of Notary Pu c (Notary Seal) a My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 200S Version CAPA vl2.10.07 800-873-9865 w-ww.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM :In)- acknowledgment completed in California nutst contain verbiage exactly as appears above in the notan, section or a separate acknowledgment form crust be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, on)- alternative acknowledgment verbiage as mar be printed on such a document so long as the verbiage does not require the notan- to do something that it illegal for a notan, in California (i.e. certifying the authorized capach), of the signer). Please check the document carefullj, for proper notarialwording and attach this form tf required • State and County information must be the State and County where the document signer(s) personally appeared before the notury 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 forms (i.e he/she/titer- 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. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form • Signature ofthe 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 attuched document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). • Securely attach this document to the signed document BOND NUMBER 105430262 EXECUTED IN FOUR COUNTERPARTS PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 BOND NO. 105430263 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 OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT, Contract No. 4524 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. 4524 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty -Nine Thousand, Nine Hundred Twenty -Four and 50/100 Dollars ($149,924.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of JULY , 2010. X x R.J.le Company (Principal) Author ed Sig lure/Title Mic iael J. Carver, President Craig Porter, Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Name of Surety Auth ' e gen igna ur 21688 GATEWAY CENTER DR. DIAMOND BAR CA 91765 MICHAE D. STONG, ATTORNEY—IN—FACT Address of Surety Print Name and Title (909) 612-3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT nSa,R.• • sa. �a�,.• ,saRau,�.a. ,. _ ,ns,_ �a4G.,�t,�R,cacsazya �R..v..,cas,a wesaaeoa. c� nC.aw�D sac,�.�,�.,.�a. �. �s caGsa. �. �,yae �. mss,. ,�.c. State of California County of ORANGE On 07/19/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared _ MICHAEL J. CARVER Name(s) of Signers) JENNIFER D�10NGH� Commission =-ea �' Notary Public - California z Z Orange County My ^omm. Expires Oct 28, 2011 who proved to me on the basis of satisfactory evidence to be the persono whose nameko is/ax& subscribed to the within instrument and acknowledged to me that he/sheAh y executed the same in his/14@44+eir authorized capacity(,iesj, and that by his/be;4hsig signaturekK 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. WITmy hand and fficial seal. Place Notary Seal Above Signatu Signature of Notary Public OPTIONA Though the information below is not required by law, it may prove valuable top ons 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(les) 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 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.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT �.C� ga..'•aC.ga�S,s�S-'•aS..%15.5�45.^ nS. Qa4�. State of California County of ORANGE On. 07Z 19/2010 before me, JENNIFER DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared CRAIG PORTER Name(s) of Signer(s) ,. •;.>'to3 P JENNIFEP DE IOIVGH Commission # 1771186 Z.�� Notary Public - California 7 Z µ' Orange County D " MY Comm. Expires Oct 28, 2011 Il• who proved to me on the basis of satisfactory evidence to be the person js'j whose name(4 is/a;e subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/IHeir authorized capacity(ioll, and that by his/4er>' He{{" signature,(5rj 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. Place Notary Seal Above Signature S nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this 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 EJ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator D 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: RIGHTUMBPRINT OF.SITHGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 ° Chatsworth, rA 91313-2402 • www.NationaiNotary.org Item N5907 Reorder: Call Toll -Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On IMM) M) before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person.0irwhose name(eis/arc subscribed to the within instrument and acknowledged to me that lie/she4ey executed the same in his/heP,4hei'r authorized capacity(ie4 and that by his/lam signature(,<on the instrument the personX, or the entity upon behalf of which the personfsjacted, 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. f Signature of Notary Pu ie R. NAPPI �•- COMM. #1796916 "NOTARY PUBLIC -CALIFORNIA � RIVERSIDE COUNTY (Notary Seal) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of atmched document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer (Title) O Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.eom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exacih' as appears above in the notar)' section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, an), alternative acknowledgment verbiage as niav be printed on such a document so long as the verbiage does not require the nonan' to do something that is illegal for a notan, in California (i.e. certifying the owhorked capacity' of the signer). Please check the document carefully for proper notarial wording and attach this forst if required. • Stale 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 signcr(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 forms (i.e he/she/gwy7 is /are ) 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. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe 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 a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document WARNINGr-4$ POWER OF ATTORNEY IS ,�► POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 003677907 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of Rivercidf- , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 20th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company OR6Uq� � yF1REa� \AN INfG ••� NS�q'wt POSY ANO SUB �jTY ? OAyf �i. "' O •.9 Jp .........,,q •., e� s ,;+°.. �P� �pE 'WO S O r) �40RPwRAT ?i P-- ':pi COf1F!)fIA1ED z a! f. C+ �W:coR f; i INC 1 9 8 2 O 19%% c• : ; i i _._ O: a HAFRFCRD, •• i/H/RH'TFORD, � a � �y`cr° 1951 E Alio S$Sj,3 CCNN. o° t CONNg o 1996 �y . �� d 1`� �„•B „NCE 1S . ANS � .�S •....... rA bt nN+ �' v� Atf) State of Connecticut City of Hartford ss. By: A�j_4)� Georg Thompson,enior ice President On this the 20th day of May 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. eorP%In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID TH Marie C. Tetreault, Notary Public CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 07106/2010 Date Completed: 07107/2010 Dept./Contact Received From: Sent to: Shauna Shauna Oyler By: Michelle Ross Company /Person required to have certificate: R.J. Noble Company t. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus D. LIMITS (Must be $1 M or greater): What is limit provided? $10,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® 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. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnitv Compan 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, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $10,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ® Yes ❑ No F. 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? Approved: Ifflekile lee" Agent of Brown & Brown Broker of record for the City of Newport Beach r%ag 07, 2010 Date ❑ Requires approval/excepbon /waiver by Risk Management Comments: Approved: Risk Management Date initials CITY OF NEWPORT BEA PUBLIC WORKS DEPARTMENT PROPOSAL OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 To the Honorable City Council City of Newport BEA 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4524 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 2 3 Lump Sum Mobilization -vouf' '-eer>-4\acschC� @ ljpwf KU Dollars and 7 Cents Per Lump Sum Lump Sum Traffic Control @,W—Cn'i"itoUSO�Dollars and no Cents Per Lump Sum 1 EA Remove and Construct Curb Access Ramp, CaseF� 4wo4hotOplr d 51�c @ kA 4 _Dollars and M i) Cents Per Each E�� 7 01 @- bhG Dollars and -hn(en Cents $ , 20 $ _.1105 Per.Square Poot 8,800 S.F. Install Pavement Reinforcing Fabric (Glasgrid) with Leveling Course @__ d►'lf Dollars 'rpt -R\J C� Cents $ 45 $ 0 i (0(). °o Per Sq are Foot 2,000 S.F. Remove and Construct 6"AC Full Depth (Dig outs) @ y— Dollars and no Cents $ Per Square Foot 700 TN Remove 4 -inch A.C. Pavement @ n&y)t1%CC'r) Dollars and -6er"hA -Fw� Cents $ $ 4-15,'00 Per Ton PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 EA Remove and Construct Curb Access Ramp, Case K , �-kjju k52� cA f l k Dollars �—and i1 U Cents $ 21 (0 sd . 00$ 60 Per Each 5. 45 L.F. Remove and Construct P.C.C. Type "A" Curb and Gutter Dollars and _Cents $ 54,50 $ 115,5250 Per Linear Fo t 6. 4,400 S.F. Variable Depth Asphalt Edge Cold Mill 7 01 @- bhG Dollars and -hn(en Cents $ , 20 $ _.1105 Per.Square Poot 8,800 S.F. Install Pavement Reinforcing Fabric (Glasgrid) with Leveling Course @__ d►'lf Dollars 'rpt -R\J C� Cents $ 45 $ 0 i (0(). °o Per Sq are Foot 2,000 S.F. Remove and Construct 6"AC Full Depth (Dig outs) @ y— Dollars and no Cents $ Per Square Foot 700 TN Remove 4 -inch A.C. Pavement @ n&y)t1%CC'r) Dollars and -6er"hA -Fw� Cents $ $ 4-15,'00 Per Ton PR3ot4 I i LBA DUAN I I TY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 420 TN 2-1/2 -inch Thick Asphalt Pavement Base Course @ Dollars and 'eh V fi Cents s-12.25 Per Ton 11. 350 TN 1 -1/2 -inch Thick Finish Course Asphalt Pavement Overlay 12 $ ?J C) :6 Lt!5 °o @ h Dollars and Wen �tV{, Cents $ 60-25 $ 56 Per To 3 EA Remove and Replace Water Valve Box and Cover to Grade hundreo lars ander h U Cents $ , Per Each 13. 60 C.Y. Pervious Backfill Material 14 15 @ Yee, Dollars and Q� 1� Cents $ 5 - 25 $ 1!5,,10 Per Cu 'c Yard 400 L.F. 4 -inch Perforated PVC, SDR -35, Subdrain,Pipe Dollars -�hand tr Cents $ 13.3s $ 3 00 Per Li ar Foot 170 L.F. 4 -inch PVC, SDR -35, Subdrain Pipe @ "lYt1i Dollars and trV _Cents $ 13.3s $ 2. + �` , SO Per Line r Foot PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16_ 3,500 S.F. Furnish and Install Filter Fabric @ 2x ro Dollars and V1 Cents $ O , (D $ 50.OG Per Square Foot 17. Lump Sum Pa emen Striping, Markings and Markers - Iw .tSGtiL of 500 @hnitylAfed - Dollars and !� d Cents ,. Per Lump Sum 18. Lump Sum Install Parking Lot Signage '1 vv o 4u1 Aoc. m --A o vi -e— @ Dollars and OV ov v\D Cents $ �, $— Per Lump Sum 19. Lump Sum As -Built Drawings (Fixed) @ Two Thousand Dollars and Zero Cents $ 2,000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS ac (Auv- l vy'd fv�I -� - and _ d'1�� Cents JULY 13, 2010 Date (714) 637-1550; (714) 637-6321 Bidder's Telephone and Fax Numbers A-782908; CLASS A Bidder's License No(s). and Classification(s) Vt � t'll f1� �1unc(V rd �w�en'iL} � u � Dollars $ /�/9.�Q2 , SD Total Price (Figures) R.J. NOBLE COMPANY Bidder X Ir s Authorized Signature and Title M HAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVE., ORANGE, CA 92865 Bidder's Address Bidder's email address: JENNIFERDEIONGH RJNOBLECOMPANY.COM PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OASIS PARKING LOT WEST & FIFTEH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -7 SUBSURFACE DATA 2 2 -9 SURVEYING 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4 -1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 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 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -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 Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 13 PART 2 -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 13 200 -3 ASPHALT TREATED PERMEABLE BASE 13 200 -3.1 General 13 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -7 NON - MASONRY GROUT 14 201 -7.2 Quick Setting Grout 14 SECTION 207 PIPE 14 207 -17 PVC PLASTIC PIPE 14 207 -17.7 Perforated Pipe 14 SECTION 213 ENGINEERING FABRICS 14 213-4 FILTER FABRIC 14 213 -4.1 General 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 15 302 -5.4 Tack Coat 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303 -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 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 16 308 -1 GENERAL 16 SECTION 310 PAINTING 17 310 -5 PAINTING VARIOUS SURFACES 17 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 17 310 -5.6.6 Preparation of Existing Surfaces 17 310 -5.6.7 Layout, Alignment and Spotting 17 310 -5.6.8 Application of Paint 18 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 18 312 -1 PLACEMENT 18 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 19 400 -2 UNTREATED BASE 19 400 -2.1 General 19 400 -2.1.1 Requirements 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 INTRODUCTION SP 1 OF 19 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5413 -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 for the OASIS Parking Lot West Resurfacing consists of distributing construction notices to affected residents; removing existing pavement; installing PVC perforated pipe in pervious backfill material; restoring pavement and landscape; installing parking lot stripping; removing and installing curb access ramps; adjusting and replacing survey facilities; and other incidental items to complete work place required by the Drawings and Specifications. The Fifth Avenue Resurfacing work consists of maintaining traffic control; removing and disposing existing pavement; grinding, installing Glasgrid, overlaying and reconstructing roadway; installing traffic stripping, pavement markings, and raised pavement markers; adjusting and replacing utility facilities; and other incidental items to complete work place required by the Drawings and Specifications." SP 2 OF 19 2 -7 SUBSURFACE DATA. Add to this section: "The City has reason to believe that the subgrade is wet. Repairing damage to the existing pavement, base or subbase due to use of Super Trucks or other heavy machinery shall be the responsibility of the Contractor and shall be repaired thought full depth subgrade excavation and the placement of CMB and 12 -inch thick full -depth asphalt concreted sections at Contractor's cost. For removals of base materials not authorized by the Engineer that expose the subgrade, the cost for adequate bridging of the subgrade shall be borne by the Contractor." 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 ............. ............................... 15 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. SP 3 OF 19 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, AT &T Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3432. SP4OF19 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 24 consecutive working days after the date on the Notice to Proceed and as conditioned in Section 6 -11. 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 18t (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 4m the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1St, July 4th, November 11tH, December 24tH, December 25th or December 31St falls on a Sunday, the following Monday is a holiday. If January 1St, July 4th, November 11th December 24th December 25th or December 31St falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. SP 5 OF 19 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 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $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." 6 -11 SEQUENCE OF CONSTRUCTION. This project will be constructed in the following phases: Phase 1: Fifth Avenue, between Marigold Avenue and Narcissus Avenue, shall start construction on Tuesday, September 7, 2010 and all work shall be completed by September 10, 2010. Installing final striping and replacing and adjusting utility vaults and covers may be done concurrently with Phase 2, Phase 2: The OASIS Parking West Lot shall start construction on Monday, September 13, 2010 and all work shall be completed by, Friday, October 8, 2010. 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 desired for the shutdown of. SP 6 OF 19 A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeacca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. SP 7 OF 19 b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3). At least one traffic lane shall be maintained on Marguerite Avenue at all times. Flagpersons shall be positioned to direct traffic when only one traffic lane is available for use." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in 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- SP 8 OF 19 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 (WATCH), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectoriaed and/or lighted. 4. At least one traffic lane shall be maintained on Fifth Avenue at all times. Flagpersons shall be positioned to direct traffic when only one traffic lane is available for use. 5. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card SP9OF19 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, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 300 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" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSMS 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. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. SP 10 OF 19 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: `The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, 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, but not limited to, providing bonds, insurance and financing, establishing a field office, preparing the 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, but not limited to, delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying businesses and residents. In addition, this item includes traffic control and detour plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow signs, temporary striping, changeable message boards, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City of Newport Beach requirements. Item No. 3 Remove and Construct Curb Access Ramp, Case H: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, restoring landscaping, and all other work items as required to complete the work in place. Work shall include the removal and installation of the existing removal bollards per CNB STD - 917 -L. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be 'Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. SP 11 OF 19 Item No. 4 Remove and Construct Curb Access Ramp, Case K: Work under this item shall include, but not limited to, sawcutting, removing and disposing curb access ramps, curb, gutter, sidewalk, subgrade and other material to accommodate the work, compacting subgrade, constructing P.C.C. retaining curb, depressed curb, curb painting, minimum twelve square feet of raised truncated domes, AC patchback, restoring landscaping, and all other work items as required to complete the work in place. Raised truncated domes shall meet the requirement per CNB STD - 181 -L, be dark grey colored, and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin. Item No. 5 Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include, but not limited to, sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb and gutter, constructing curb openings of existing curb drains, AC patchback, restoring landscaping, re- chiseling of curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 6 Variable Depth Asphalt Edge Cold Mill: Work under this item shall include, but not limited to, cold milling and disposing the asphalt roadway to a variable depth below existing finished grade as shown on the contract plans and all other work items as required to complete the work in place. Item No. 7 Install Pavement Reinforcing Fabric (Glasgrid) with Leveling Course: Work under this item shall include, but not limited to, furnishing and constructing a minimum 3/4 -inch thick asphalt concrete leveling course, and installing Glasgrid 8502 pavement fabric on the leveling course in accordance with the manufacturer's specifications, as directed by the Engineer, and all other work items as required to complete the work in place. The Contractor shall make arrangements, at no cost to the City, for a manufacturer's representative to be present during placement of the Glasgrid fabric, to ensure all work is done in accordance with the manufacturer's specifications. Item No. 8 Remove and Construct 6" AC Full Depth (Dig outs): This item shall include, but not limited to, sawcutting, removing and disposing existing pavement, base and subgrade; grading and compacting subgrade; compacting and constructing 6- inch AC base course, tack coating; and all other work items as required to complete the work in place. Full depth pavement removals shall proceed as directed by the Engineer. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor. This item may be removed from the contract at the City's discretion and no compensation shall be made for bid items removed. Item No. 9 Remove 4 -inch A.C. Pavement: Work under this item shall include, but not limited to, removing and disposing existing asphalt concrete and excess SP 12 OF 19 material. The area shall be graded and compacted in preparation of the new asphalt concrete surface and all other work items as required to complete the work in place. Item No. 10 2 -112 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include, but not limited to, subgrade compaction, constructing 2 -1/2 -inch thick asphalt pavement base course, tack coating, and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. Item No. 11 1 -112 -inch Thick Finish Course Asphalt Pavement Overlay: Work under this item shall include, but not limited to, constructing 1 -1/2 -inch thick finish course asphalt pavement overlay, tack coating, and all other work items as required to complete the work in place. Item No. 12 Remove and Replace Water Valve Box and Cover to Grade: Work under this item shall include, but not limited to, removing and replacing all water valve frames and covers to grade per CNB STD - 511 -L, and all other work items as required to complete the work in place. This item may be removed from the contract at the City's discretion and no compensation shall be made for bid items removed. Item No. 13 Pervious Backfill Material: Work under this item shall include, removing existing earth and roadway, disposing of excess material, grading, compaction, constructing pervious backfill, and all other work items as required to complete the work in place. Item No. 14 4 -inch Perforated PVC, SDR -35, Subdrain Pipe: Work under this item shall include, but not limited to, furnishing and installing all pipe material including exposing utilities in advance of excavation operations, trenching excavations, removing and disposing of landscaping, small diameter roots per Section 308, excess excavation materials, and pavement, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installing pipe and fittings, potholing of all existing facilities, connecting to existing facilities, 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. 15 4 -inch PVC, SDR -35, Subdrain Pipe: Work under this item shall include, but not limited to, furnishing and installing all pipe material including disposing of excess excavation materials, landscaping, and pavement, exposing utilities in advance of pipe excavation operations, trenching excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, protecting of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, connecting to existing storm drain facilities, restoring all landscaping disturbed or damaged by the work and all other work items as required to complete the work in place. SP 12 OF 19 material. The area shall be graded and compacted in preparation of the new asphalt concrete surface and all other work items as required to complete the work in place. Item No. 10 2 -112 -Inch Thick Asphalt Pavement Base Course: Work under this item shall include, but not limited to, subgrade compaction, constructing 2 -112 -inch thick asphalt pavement base course, tack coating, and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. Item No. 11 1 -112 -inch Thick Finish Course Asphalt Pavement Overlay: Work under this item shall include, but not limited to, constructing 1 -1/2 -inch thick finish course asphalt pavement overlay, tack coating, and all other work items as required to complete the work in place. Item No. 12 Remove and Replace Water Valve Box and Cover to Grade: Work under this item shall include, but not limited to, removing and replacing all water valve frames and covers to grade per CNB STD - 511 -L, and all other work items as required to complete the work in place. This item may be removed from the contract at the City's discretion and no compensation shall be made for bid items removed. Item No. 13 Pervious Backfill Material: Work under this item shall include, removing existing earth and roadway, disposing of excess material, grading, compaction, constructing pervious backfill, and all other work items as required to complete the work in place. Item No. 14 4 -inch Perforated PVC, SDR -35, Subdrain Pipe: Work under this item shall include, but not limited to, furnishing and installing all pipe material including exposing utilities in advance of excavation operations, trenching excavations, removing and disposing of landscaping, small diameter roots per Section 308, excess excavation materials, and pavement, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installing pipe and fittings, potholing of all existing facilities, connecting to existing facilities, 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. 15 4 -inch PVC, SDR -35, Subdrain Pipe: Work under this item shall include, but not limited to, furnishing and installing all pipe material including disposing of excess excavation materials, landscaping, and pavement, exposing utilities in advance of pipe excavation operations, trenching excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, protecting of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, connecting to existing storm drain facilities, restoring all landscaping disturbed or damaged by the work and all other work items as required to complete the work in place. SP 13 OF 19 Item No. 16 Furnish and Install Filter Fabric: Work under this item shall include, but not limited to, furnishing all labor, tools, equipment, and materials necessary for the installation and securing of the filter fabric and all other work items as required to complete the work in place. Item No. 17 Pavement Striping, Markings and Markers: Work under this item shall include, but not limited to, removing existing and installing new thermoplastic and painted traffic striping, parking lot striping, markings, pavement markers, and all other work items as required to complete the work in place. Item No. 18 Install Parking Lot Signage: Work under this Item shall include, but not limited to, the cost of all materials, tools, equipment, and labor for all signage and aluminum slotted break -away sign posts required by the Drawings installed and completed in place, current signs may be relocated if removed properly and are considered reusable by Engineer. Item No. 19 Provide As -Built Drawings: Work under this item shall include, but not limited to, all actions necessary to provide as -built drawings. These drawings shall be kept up to date and submitted to the Engineer for review prior to monthly pay request. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -3 ASPHALT TREATED PERMEABLE BASE 200 -3.1 General. Asphalt Treated Permeable Base shall conform to the requirements of CALTRANS Standard Specifications, July 1999, Section 29: Treated Permeable Bases, 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 19 201 -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 drain pipe with a quick setting grout." SECTION 207 - -- PIPE 207 -17 PVC PLASTIC PIPE 207 -17.7 Perforated Pipe. The pipe shall conform to the requirements of CALTRANS Standard Specifications, July 1999, Section 68: "Subsurface Drains ". SECTION 213 - -- ENGINEERING FABRICS 2134 FILTER FABRIC 213 -4.1 General. Filter Fabric shall conform to the requirements of CALTRANS Standard Specifications, July 1999, Section 88: Engineering Fabric. 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." Raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachea .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." SP 15 OF 19 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 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 -62 -AR -4000. All cracks Y< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1 -Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." SP 16 OF 19 302 -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." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 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." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor SP 17 OF 20 shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. If the Contractor encounters large tree roots greater than 2 -inch diameter, he/she shall cease work at that location and immediately contact the Engineer for inspection. Root pruning shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root- cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of aroot- pruning machine c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 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." SP 17 OF 19 shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. If the Contractor encounters large tree roots greater than 2 -inch diameter, he/she shall cease work at that location and immediately contact the Engineer for inspection. Root pruning shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 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." SP 18 OF 19 310 -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 112 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SP 19 OF 19 PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base or better as the base materials." 14 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 July 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT —AWARD OF CONTRACT NO. 4524 ISSUE: Should City Council award R.J. Noble Company the resurfacing of the OASIS Parking Lot West and Fifth Avenue contract? RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4524 to R.J. Noble Company for the Total Bid Price of $149,924.50, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $15,000.00 (10 %), to cover the cost of unforeseen work. DISCUSSION: As the new OASIS Senior Center Facility nears completion and is expected to open in early October 2010, staff has been busy coordinating related work such as the FF &E purchases for the new facility, addressing adjacent site work and dismantling and removing the temporary staff trailer complex. As part of this work, staff has been planning the reconstruction of the OASIS parking lot west of the facility on 5th Street as the parking lot pavement is in poor shape. Our plan is to schedule this rehabilitation work in the short window between staff moving out of their temporary facilities located in the parking lot, and the opening of the new facility. We also need to rehabilitate a short pavement section on 5th street in front of the new facility. This work will be completed in conjunction with the parking lot paving work. OASIS Parking Lot West & Fifth Avenue Resurfacing Project Award of Contract No.4524 July 27, 2010 Page 2 At 9:00 a.m. on July 13, 2010, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low R.J. Nobel Company $149,924.50 2 PALP, Inc., DBA Excel Paving Company $161,760.00 3 NPG Corporation $189,981.00 The low total bid amount is approximately three percent higher than the Engineer's Estimate of $145,500.00. The low bidder, R.J. Noble Company, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of R.J. Noble Company's references indicates satisfactory completion of similar projects for Newport Beach and other public municipalities such as Huntington Beach, San Clemente, and Costa Mesa. The work necessary to complete this contract for the OASIS Parking Lot West Resurfacing consists of distributing construction notices to affected residents; removing existing pavement; installing PVC perforated pipe in pervious backfill material; restoring pavement and landscape; installing parking lot stripping; and removing and installing curb access ramps. The Fifth Avenue resurfacing work consists of maintaining traffic control; removing and disposing existing pavement; installing Glasgrid; overlaying and reconstructing roadway; installing traffic stripping, pavement markings, and raised pavement markers; and adjusting and replacing utility facilities. Pursuant to the Contract Specifications, the Contractor will have 24 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 Guidelines. This exemption covers the minor 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 will be distributed by the Contractor to residents within the project vicinity. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. OASIS Parking Lot West & Fifth Avenue Resurfacing Project Award of Contract No 4524 July 27, 2010 Page 3 Geotechnical Services: In addition to the contract costs, approximately $6,000.00 in consulting geotechnical services is estimated for this project and will be performed under the on -call professional services agreement with GMU Geotechnical, Inc. FUNDING AVAILABILITY: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project. Account Description Account Number OASIS Senior Center Rebuild 7453- C1002007 $ Total: $ Proposed uses are as follows: Vendor R.J. Nobel Company R.J. Nobel Company GMU Geotechnical, Inc. Various Prepared by: Peter Tauscher Junior Engineer Purpose Construction Contract Construction Contingency Geotechnical Services Construction Support, Printing and Incidentals Total Attachments: Project Location Map Submitted by: Amount 171, 924.50 171,924.50 Amount $ 149,924.50 $ 15,000.00 $ 6,000.00 $ 1,000.00 $ 171,924.50 Stephen G. Badum Public Works Director LOCATION MAP NOT TO SCALE OASIS PARKING LOT WEST & FIFTH AVENUE RESURFACING PROJECT CONTRACT NO. 4524 O�� J y p a ?y = PROJECT